The Dominican Society of Daily Newspapers (SDD) has voiced strong opposition to the Supreme Court of Justice’s newly introduced “Judicial Data Protection Policy,” arguing that it undermines constitutional guarantees and hinders public access to judicial proceedings.
The SDD contends that the policy grants the judiciary excessive discretion to withhold crucial information, thereby fostering opacity and impeding the exercise of public freedoms. The association further asserts that the Supreme Court’s interpretation of relevant laws is fundamentally flawed, as it misapplies legal provisions that do not pertain to judicial processes.
“Article 69, paragraph 4 of the Constitution guarantees every person the right to a public, oral, and adversarial trial, with equal conditions and full respect for the right of defense,” the SDD stated in a document. “Moreover, the Constitution limits the powers of the Judiciary, including the Supreme Court of Justice, to the administration of justice, without granting it legislative powers.”
The association takes particular issue with the Supreme Court’s assertion that Law 172-13, on the protection of personal data, applies to the handling of data by courts and tribunals. The SDD argues that this law explicitly excludes journalistic sources and is intended to protect personal data while also facilitating access to information in accordance with the Constitution.
“The application of this policy to judicial proceedings is improper,” the SDD declared. “Furthermore, it contravenes Article 42, paragraph II of Law 2-23 on the Appeal of Cassation, which mandates the full publication of Supreme Court decisions in the Judicial Bulletin, both in print and digitally on the Supreme Court’s website.”
The SDD’s concerns center around the potential for the new policy to create a more secretive judiciary, limiting public scrutiny and hindering the ability of journalists to report on matters of public interest. The association is calling on the Supreme Court to reconsider the policy and to ensure that it aligns with the constitutional principles of transparency and accountability.
The Supreme Court of Justice decision would insert initials where names would have appeared in its rulings published online.
Read more:
Listin Diario
El Caribe
Hoy
El Dia
Diario Libre
DR1 News
26 November 2024