Privacy rights infringed by statutory duty of Public Officers to declare financial status | 02.08.2008
The Supreme Court of Cyprus has issued its judgment on the constitutionality of the Public Officers of the Republic of Cyprus (Declaration of Property) Act of 2004, ruling that the obligation entrenched by the above legislative instrument of public officers to declare their financial state of affairs within specified reoccurring time periods contravenes their rights to privacy.
Citing jurisprudence of the European Court of Human Rights, the Court noted that the custody, use and disposal of financial means of every individual form an integral part of his/her private life and their disclosure or publication undermines the relevant Constitutional provision, article 15.1. Notwithstanding that certain exceptions are recognised for the protection of other interests valued by the society, the legislative has an obligation to adequately substantiate the necessity of any restriction in this fundamental personal right. Although to that effect a margin of appreciation is acknowledged to the lawgiver, in the particular circumstances of the case no such existing and pressing need has been shown which, taking into account the extent of the restriction, has justified the interference.
Harris Kyriakides LLC is a legal limited company registered in Cyprus under the Advocates Act (Cap.2) and regulated by the Cyprus Legal Council. A list of the members of Harris Kyriakides LLC is open to inspection at its registered office at 115 Faneromenis Avenue, Antouanettas Building, 6031 Larnaca, Cyprus