Information Note on the Court’s case-law 223

November 2018

Sedletska v. Ukraine (communicated case) - 42634/18

Article 10

Article 10-1

Freedom to receive information

Access to journalist’s mobile phone data potentially revealing her sources: communicated

The applicant is a journalist and editor-in-chief of a television programme focusing on corruption amongst, inter alios , high ranking prosecutors and polit icians in Ukraine. In August 2018, in the framework of criminal proceedings against a public official, a district court allowed the investigator to access records of the applicant’s mobile phone data from 19 July 2016 to 16 November 2017. On appeal, in Sep tember 2018, the decision was quashed. The appellate court nevertheless authorised the investigator temporary access to the data concerning date, time and location of the applicant, in the vicinity of six indicated streets and places in Kyiv during the des ignated period.

In September 2018 the Court granted the applicant’s request for interim measures under Rule 39 of the Rules of Court, and indicated to the Government that they should ensure that the public authorities abstained from accessing any data ment ioned in the ruling of 27 August 2018 concerning the applicant. The interim measure has subsequently been extended until further notice.

The applicant complains under Article 10 of the Convention taken alone and in conjunction with Article 13 about the att empts of Ukrainian authorities to interfere with her right to receive information and ideas by accessing her mobile phone communications, emphasising that such data might enable the authorities to identify her journalistic sources thus putting at risk her journalistic activities. She also argues that the authorisations for collecting the data are disproportionate.

Communicated under Articles 10 and 13 of the Convention.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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