El Consejo General del Poder Judicial has activated a new guideline for reducing the presence of personal data of minors in judicial processes. The Permanent Commission of the body has taken note of a directive prepared by the Directorate of Supervision and Control of Data Protection with that objective.
The measure has been prepared jointly between the CGPJ and the Spanish Data Protection Agency. The purpose is to limit the circulation of sensitive information of children and adolescents within judicial processing and in the delivery of documentation to third parties.
An instruction to reinforce the protection of minors
The guideline starts from the principle of data minimization foreseen in article 5 of the General Data Protection Regulation. With this basis, the CGPJ aims to adjust what personal information appears in the documents and what content can be provided when access to judicial proceedings is requested.
The focus is on files that may include especially delicate issues for minors. Among them are the attribution of parental authority, custody and guardianship regimes, visits or restraining orders, matters that may be reflected in resolutions and other documents incorporated into the procedure.
Communication to judges, lawyers and Administration
The instruction will be conveyed to the members of the judicial career, to the legal professionals of the Administration of Justice, to the Ministry of the Presidency, Justice and Relations with the Courts, and to the State Technical Committee of Electronic Administration. The step seeks to extend a common criterion in the management and treatment of this documentation.
The intention of the governing body of judges is to prevent the delivery to third parties of judicial documents that may contain sensitive information about minors. The guideline sets that framework of action to reduce the exposure of personal data in especially sensitive procedures.
Electronic applications
Requests for information to the judicial body may be submitted by electronic means. That request may be channeled through a solicitor or directly by the parents using specific forms, within the system provided for this type of procedures.
With this guideline, the CGPJ takes another step in the protection of the privacy of minors in judicial proceedings and orders a criterion of action for those who intervene in the daily management of the procedures.