Европейский суд по правам человека
27 октября 2009 года
Facts:
The applicant, Mr. Haralambie, requested access to his personal file held by the government body responsible for managing Romania’s secret police files from the communist era. Although he was informed in 2003 that a file existed and could be obtained, it took five 5 years for him to actually access it. During that time, the file was transferred between government entities, and the applicant experienced repeated delays and procedural hurdles before gaining access.
Complaint:
The applicant complained under Article 8 that Romania failed to provide an effective and accessible procedure allowing him to access personal information held by the secret services, thus violating his right to respect for private life.
Court’s ruling:
The Court found that Romania violated Article 8. The judges noted that individuals have a legitimate, even pressing, interest in accessing records about themselves held by public authorities, particularly records created by former secret police during a totalitarian regime.
The Court clarified that States must offer an effective and accessible procedure, not a merely theoretical one, to allow people to obtain and correct personal information in such files. In this case, the lengthy delays and bureaucratic hurdles meant Romania failed to meet this obligation.