The peculiarities of publishing decisions of the QDCB were explained by the BCU

Advocacy
16:31 Tue 20.08.24 702 Reviews
Print

According to the Law on Access to Public Information, managers of such information are obliged to publish the acts they adopt. At the same time, the decisions made by the qualification and disciplinary commissions of the bar contain both attorney-client privilege and personal data.

The Bar Council of Ukraine provided its explanation at the request of the Odesa Oblast QDCB regarding the peculiarities of publishing acts of individual action (decisions) adopted by the regional QDCB and its chambers.

The BCU emphasized that adherence to the principle of confidentiality is a necessary and crucial prerequisite for a trusting relationship between a lawyer and a client, without which it is impossible to provide proper professional legal assistance, defense and representation. Therefore, maintaining the confidentiality of any information that is defined as the subject of the attorney-client privilege or constitutes personal data about an individual is, on the one hand, the right of the advocate in relations with all subjects of law who may require disclosure of such information, and, on the other hand, an obligation towards the client and those persons to whom this information relates.

And the Rules of Professional Conduct expressly prohibit the disclosure of information constituting the attorney-client privilege under any circumstances, including unlawful attempts by pre-trial investigation authorities and the court to question the attorney about the circumstances constituting the attorney-client privilege.

Personal data is classified as confidential information. In accordance with the Law «On Personal Data Protection», their dissemination without the consent of the personal data subject or his/her authorized person is allowed only in cases specified by law. And only in the interests of national security, economic welfare, human rights and for the purpose of conducting the All-Ukrainian Population Census. Protection of personal data is ensured by the party that disseminates this data.

The decisions of the qualification and disciplinary commissions of the Bar, which are made in the exercise of their powers, may contain confidential information that is not subject to disclosure in accordance with the Law «On Protection of Personal Data», attorney-client privilege within the meaning of the Law «On the Bar and Practice of Law», the disclosure of which is prohibited, proprietary information that is information with limited access, etc.

It is the information manager's responsibility to determine whether or not there are grounds for restricting access to information. The managerial will of the public information administrator in the form of denial or restriction of access to information must be motivated by the criteria for restricting information in accordance with the provisions of Article 6 of the Law «On Access to Public Information» (the so-called three-part test) and Article 3(1) and (2) of the Council of Europe Convention on Access to Official Documents.

At the same time, information is subject to restricted access, not a document. If a document contains information with restricted access, information with unrestricted access is provided for review. That is, in this case, a copy of the document is provided in accordance with the procedure established by law, with the part of the information to which access is restricted being closed (deleted or retouched (leaving the relevant sections blank).

Therefore, the Higher Qualification and Disciplinary Commission of the Bar and the qualification and disciplinary commissions of the regional bar, when publishing (disseminating) information that is legally the subject of attorney-client privilege or confidential information, must ensure compliance with the requirements of the legislatively established regime for the protection of attorney-client privilege and confidential information by removing restricted information by retouching or otherwise, as well as taking into account all the requirements of the «three-part test».

The Decision of the Bar Council of Ukraine dated 21.06.2024 No. 46 «On Consideration of the Appeal of the Head of the Qualification and Disciplinary Commission of the Bar of Odesa Region N. Rudnytska» can be viewed at the link.

As a reminder, on August 14, representatives of the Office of the Ukrainian Parliament Commissioner for Human Rights conducted a training on «Application of the three-part test in the activities of bar self-government bodies in access to public information» for the Secretariat of the Ukrainian National Bar Association and the Bar Qualification and Disciplinary Commissions.

Popular news

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

Legislation

A bill implementing the Convention on the Protection of the Professions of Lawyer has been introduced

The constitutional guarantees of legal aid, defense, and the independence of advocacy cannot be realized without protecting advocates from unwarranted interference in their professional activities, including searches, the seizure of professional materials and the use of criminal procedural mechanisms to exert pressure.

14:08 Mon 05.10.26 191
The CCBE is discussing European justice and issues related to the protection of advocates

Abroad

The CCBE is discussing European justice and issues related to the protection of advocates

Today, October 2, a meeting of the Standing Committee of the Council of Bars and Law Societies of Europe (CCBE) is taking place in Brussels. On the agenda are the protection of the advocate profession, the rule of law, attorney-client privilege, and changes in the European justice system.

14:04 Fri 02.10.26 142
The UNBA presented the key provisions of the future law on advocacy in Brussels

Rule of Law Roadmap

The UNBA presented the key provisions of the future law on advocacy in Brussels

The Ukrainian National Bar Association presented its proposals for the upcoming law on advocacy, aligned with the Rule of Law Roadmap. The presentation covered topics such as access to the profession, self-governance, disciplinary procedures, professional development and guarantees for the practice of advocacy.

20:36 Thu 01.10.26 193
Advocates were taught to voice their complaints without making accusations

Educational events

Advocates were taught to voice their complaints without making accusations

In a difficult conversation, it’s easy to confuse facts with opinions, feelings with accusations, and requests with demands. How can you express dissatisfaction, explain your own needs, and propose a specific solution while still allowing your conversation partner the opportunity to refuse or suggest an alternative?

10:29 Wed 30.09.26 116
Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Guarantees of the practice of law

Unrestricted access to advocates' accounts poses a risk of client data disclosure — BCU

Information regarding transactions in the bank accounts of an advocate, a law firm, or a bar association from which clients can be identified, as well as the fact and subject matter of a request for legal assistance, the purpose of payments, and the amount of the fee constitutes attorney-client privilege. This rule applies regardless of whether the information also constitutes banking information and is in the possession of a bank.

16:47 Sat 26.09.26 108
The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?

Guarantees of the practice of law

The contract provides for a video conference, but the court requires in-person appearance: how should an advocate proceed?

Many advocates today work remotely; therefore, their agreements with clients provide for the provision of legal assistance via videoconferencing. However, this form of work does not, in and of itself, create an unconditional obligation for the court to conduct every hearing via videoconference.

16:25 Sat 26.09.26 111
Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Guarantees of the practice of law

Independent oversight is necessary before using CISA materials against an advocate – Lidiya Izovitova

Before the prosecution uses information obtained during covert investigative actions and related to an advocate’s activities, independent procedural oversight must be conducted. It is necessary to determine whether such information is covered by attorney-client privilege and whether it may be disclosed.

15:47 Fri 25.09.26 245
Handing over a bank card should not automatically constitute a crime – UNBA

Legislation

Handing over a bank card should not automatically constitute a crime – UNBA

Criminal liability for transferring a bank card or access to an account should arise only if it is proven that the person knew the card or account would be used as a means to commit an intentional crime. The mere fact that a payment instrument was transferred or that an account was used by a third party is not sufficient.

15:14 Wed 23.09.26 103

Надішліть файл із текстом публікації у форматі *.doc, фотографію за тематикою у розмірі 640х400 та Ваше фото.

Оберіть файл