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Dominican Journalists’ Association rejects Supreme Court’s Data Protection Policy

Aurelio Henríquez / El Nuevo Diario

The Dominican Journalists’ Association (CDP) has joined the Dominican Society of Dailies (SDD) and Participacion Ciudadana, the Transparency International Dominican chapter, in denouncing the new data protection policy introduced by the Supreme Court of Justice (SCJ). The policy aims to shield personal information deemed unnecessary in judicial rulings.

The policy would delete the names of those sentenced from online searches, replacing these with initials to protect privacy and dignity of those that have been sentenced.

CDP president Aurelio Henríquez expressed concern that the policy undermines journalists’ ability to access and publish information vital to the public interest. “Journalists have the right to seek, verify, and disseminate information essential to ensuring that citizens are adequately informed,” Henríquez said.

The standoff is brewing between Dominican journalists and the nation’s highest court over the newly implemented data protection policy. The Supreme Court of Justice (SCJ) has unveiled a policy designed to safeguard personal information deemed irrelevant to judicial decisions.

The Dominican Journalists’ Association (CDP) has vehemently opposed the policy, arguing that it infringes upon journalists’ fundamental right to access public information. “While we understand the need to protect individuals’ privacy, the SCJ must also recognize the paramount importance of the public’s right to know,” said CDP president Aurelio Henríquez.

Henríquez emphasized that journalists play a crucial role in holding public officials accountable and ensuring transparency in government. “We believe that the right to information should be upheld not only by the Supreme Court but also by the Attorney General’s Office and the Dominican state as a whole,” he stated.

The new policy is enacted at a time when sentencing in several major prosecution cases for major corruption during the Danilo Medina administration is pending. The investigations included charges against the brother of former First Lady Candy Montilla, Max Montilla, former President Medina’s brother Alex Medina Sanchez, sister and other relatives.

Luis Henry Molina, presiding judge of the Supreme Court of Justice, has defended the privacy and right to dignity of those who have been sentenced. Molina had served as president of the Indotel board of directors, when he was named to the position by the National Council of the Magistracy, presided at the time by President Danilo Medina.

Molina was known as an influential political activist for former President Medina. Molina would resign his membership in the at the time ruling Dominican Liberation Party (PLD) to lead the Supreme Court of Justice. He was appointed by the National Council of the Magistracy in 2019, shortly before the end of the Medina administration in 2020, and his term ends in 2026.

In a related story, the pastor of the Dominican Union of Evangelical Churches (Codue), Feliciano Lacen Custodio, also called for amendments to the Supreme Court of Justice’s mute policy. Codue supports the position taken by the Dominican Society of Newspapers (SDD), which rejects the attempt to legislate in a way that would violate the public’s right to access judicial records and foster judicial opacity by granting the SCJ excessive discretionary power to conceal essential information, undermining transparency and the exercise of public freedoms.

Moreover, Roberto Rosario, spokesperson for the Fuerza del Pueblo, the country’s largest opposition party, also joined those protesting the new measure. A former president of the Central Electoral Board (JCE), Roberto Rosario, expressed his disagreement with the proposal by the Supreme Court of Justice (SCJ) to implement the Judicial Branch’s Data Protection Policy, also arguing that it limits access to public information and affects freedom of expression.

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28 November 2024