Disclosure or publication of personal secrets involves making someone's personal or family secret public without permission. This differs from Article 157 (infringement) as the focus here is on the public dissemination of already obtained information (e.g., via media, social networks). This could be information about health status, adoption, past criminal record, or intimate details. Accused individuals are often journalists, bloggers, or former employees. Legislation attempts to balance freedom of expression with privacy rights, but when it comes to personal secrets, privacy is prioritized.
What does the Disclosure of Personal Secrets Defense service cover?
Lawyers defend both the disseminator (e.g., journalist) and the victim. Services include:
- Public interest test: Determining whether the disseminated information had high public interest justifying its release (e.g., regarding a public official).
- Information status research: Was the information already known to the public from another source.
- Damage minimization: Urgent removal of material from the internet and apology.
- Civil litigation: Compensation for moral damage.
Common Real-World Scenarios
Charges are often related to:
- Media reporting: A journalist covers a private individual's family scandal.
- Social media post: A person writes a status about someone else's illness or personal problem.
- Breach of confidentiality: A doctor or lawyer speaks publicly about a client's case.