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

Advocacy
16:31 Tue 20.08.24 291 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

The process of signing the Convention on the protection of the profession of advocate was taken under control by the Verkhovna Rada

Guarantees of the practice of law

The process of signing the Convention on the protection of the profession of advocate was taken under control by t…

The Ministry of Justice sent the text of the translation of the Council of Europe Convention on the protection of the advocate to the Ministry of Foreign Affairs «for review and approval». The main legal authority also expressed its support for the Ministry of Foreign Affairs regarding the signing and ratification of this Convention.

16:49 Wed 03.09.25 116
Statement by the UNBA Committee on the «National Police investigation»

Guarantees of the practice of law

Statement by the UNBA Committee on the «National Police investigation»

The media is spreading news that the National Police of Ukraine is allegedly investigating a criminal offense committed by the leadership of the Ukrainian National Bar Association.

13:35 Wed 03.09.25 100
Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa

Discussion

Without the protection of advocates, there will be no fair trials in Ukraine — forum in Odesa

Identifying an advocate with their client undermines the foundations of justice, as it deprives individuals of the opportunity to exercise their right to defense, forces advocates to avoid participating in high-profile cases, and ultimately renders procedural guarantees meaningless. Without this, fair trial is impossible.

14:42 Fri 29.08.25 111
The number of cases where advocates are identified with their clients is growing – UNBA report

Guarantees of the practice of law

The number of cases where advocates are identified with their clients is growing – UNBA report

Advocates are increasingly being held hostage to political processes, with them being equated with their clients. Such actions undermine the independence of the profession and create an atmosphere of intimidation, as a result of which Ukrainian citizens are deprived of their right to defense.

13:19 Thu 28.08.25 104
What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439

Legislation

What data is sufficient to initiate an investigation – UNBA comments on draft law No. 12439

The problem of law enforcement pressure on business remains one of the most acute for the Ukrainian economy. The lack of regulation of certain procedures in the Criminal Procedure Code leads to abuses, as a result of which entrepreneurs find themselves in a state of legal uncertainty.

19:41 Fri 22.08.25 111
Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)

Guarantees of the practice of law

Law on advocacy and the Council of Europe Convention: the UNBA assessed compliance (comparative table)

The Ukrainian National Bar Association has prepared and published a comparative table showing the extent to which Ukrainian legislation complies with the provisions of the Council of Europe Convention on the protection of the profession of advocate.

14:58 Fri 22.08.25 103
The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of the profession of advocate

Guarantees of the practice of law

The Verkhovna Rada is waiting for the Minister of Justice to take action on signing the Convention on the protection of t…

Ukraine, which was directly involved in the preparation of the world's first Council of Europe Convention on the protection of the profession of advocate, has still not signed it. There appear to be no formal objections, but no real steps have been taken towards accession either.

13:51 Thu 21.08.25 147
Australian advocate apologizes in court for fake AI quotes

Abroad

Australian advocate apologizes in court for fake AI quotes

In Australia, a royal advocate apologized to a judge for submitting documents in a criminal case against a teenager accused of murder that contained fabricated quotes and non-existent court decisions generated by artificial intelligence.

13:46 Tue 19.08.25 111

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

Оберіть файл