Disclosure of Official Secrets: Commentary on Judgment No. 35779 of 2023

Judgment No. 35779 of 2023 has sparked widespread debate on the importance of the duty of secrecy regarding official information. In particular, the Court of Cassation has outlined the boundaries of the disclosure of official secrets, drawing a precise framework of the current regulations on the matter. This article aims to analyze the salient points of the judgment, making the legal and practical implications accessible to all.

Content of the Judgment

In this judgment, the Court established that the prohibition of disclosure and use of official secrets is not limited to confidential information but also extends to accessible information whose dissemination is prohibited by regulations on the right of access. The Court excluded the existence of a crime in a specific case concerning the communication of information by mortuary attendants to funeral service operators. The information in question, relating to deaths that had occurred and the identity of the deceased, was not considered secret, as it was not covered by official secrecy.

Duty of Secrecy - Official Information That Must Remain Secret - Notion - Factual Circumstances. In the context of the disclosure and use of official secrets, the prohibition of disclosure (and use) includes not only information excluded from access but also, within the scope of accessible information, that whose dissemination (even if planned for a later time) is prohibited by the rules on the right of access, because it is revealed to subjects not entitled to the right or without respecting the prescribed procedures. (Factual circumstances in which the Court excluded the existence of the crime in relation to information disclosed by hospital mortuary attendants to funeral service business managers, concerning deaths that had occurred, the identity of the deceased, and methods of tracing their relatives, as such information was not covered by official secrecy).

Legal and Regulatory Implications

The judgment is based on fundamental norms such as Article 326 of the Criminal Code, which governs the disclosure of official secrets, and Law 241/1990, which regulates the right of access to administrative documents. It is essential to understand that not all accessible information is automatically disclosable. The Court clarified that even accessible information must be handled with due caution and in compliance with access regulations.

• Official information is not always public.
• It is necessary to comply with the disclosure procedures provided by law.
• The disclosure of accessible information may result in sanctions if carried out in a non-compliant manner.

Conclusions

Judgment No. 35779 of 2023 represents an important step in defining the limits of the duty of secrecy in official relationships. Recognizing the importance of confidentiality and compliance with regulations on the right of access is crucial for ensuring transparency and legality in public administrations. This case underscores the need for public officials and individuals dealing with sensitive information to act with responsibility and prudence to avoid legal consequences and preserve public trust.