Right to information: legal positions of the Constitutional Court of Ukraine

Abstract

The article reveals the legal positions of the Constitutional Court of Ukraine regarding everyone’s right to information. Attention is focused on information that is collected by state authorities, local self-government bodies, institutions and organizations, and which is not a state or other secret protected by the Law of Ukraine «On Information» and which every person has the right to familiarize himself with. Separate attention is focused on confidential information (information with limited access). One of the types of confidential information is medical information, which, on the one hand, in special cases provided for by the Fundamentals of the Health Care Legislation of Ukraine, can be disclosed to family members or a legal representative of the patient, and on the other hand, in accordance with the decision of the European Court of Human Rights person in the case of «M.K. against Ukraine» confirmation by a doctor of a patient’s illness to a member of his family, even if he learned about it from the patient himself, is an interference by the state in a person’s right to private life, and in the case of infectious diseases, it is qualified as not carried out «in accordance with the law». Attention is focused on the fact that such situations arise more and more when military personnel undergo medical examinations and that there are prohibitive norms of a special law that forbid the disclosure of medical information regarding a certain list of diseases of a military personnel to his employer (military unit), commander, family members of the military personnel. Regarding the confidentiality of information and about a person who holds a position related to the performance of the functions of the state, local self-government bodies, and about members of his family, the legal positions of the Constitutional Court of Ukraine are established: absolutely in each specific case it is determined whether information about a person belongs to confidential; there are guarantees of protection of the rights of the above-mentioned persons, and additional legal burdens, and therefore the state is called upon to ensure a balance of public and private interest. The article also draws attention to the fact that even under martial law conditions, control (direct; indirect) by institutions of public power is prohibited both in terms of content and dissemination of information, even if the state pursues such a goal as protecting the information space from what is considered harmful by the state information that is not necessary for society. The practice of the Constitutional Court of Ukraine on this issue is established. Attention is focused on the fact that censorship cannot be used in Ukraine to protect the information field of the state even in war conditions - it is prohibited in part 3 of Art. 15 of the Constitution of Ukraine.

Keywords

• human rights
• public authority institute
• right to information
• confidential information
• medical information
• information about a person