Published on 30 January 2023

FIFTH SECTION

Application no. 54352/20 T.K. against Georgia lodged on 9 December 2020 communicated on 11 January 2023

SUBJECT MATTER OF THE CASE

The application concerns the authorities’ alleged failure to protect the applicant from invasion of her privacy by a private individual who had obtained and spread (via Facebook) confidential personal information about her family life. The criminal investigation into the matter was opened in 2016.

The applicant relies on Article 8 of the Convention.

QUESTIONS TO THE PARTIES

1. Has the applicant duly exhausted effective domestic remedies in respect of her complaint under Article 8 of the Convention?

2. Is Article 8 of the Convention applicable in the circumstances of the present case? If so, do the facts of the case disclose a breach of the provision in question? In particular, have the authorities fulfilled their positive obligations to ensure the protection of the applicant’s rights from being breached by private individuals (see, for instance, K.U. v. Finland , no. 2872/02, §§ 40-50, ECHR 2008)?

3. Is the fact that no final decision has yet been adopted in the context of the ongoing criminal investigation contrary to the applicant’s right to an effective remedy under Article 13 of the Convention, this provision being read together with Article 8?