Summary.
The draft bill amends paragraph 2 of Article 522 of Law 402 of October 9, 2023, concerning the contents of an expert opinion or report. It proposes that the document include the expert’s professional identification details, the corresponding professional qualification or registration number, and the professional or institutional address or technological means formally designated by the expert for receiving procedural notices. It would also require the omission of sensitive or private personal information that is not strictly necessary to identify the expert and enable the expert to act in the judicial proceedings.
Article 2 adds Article 522-A to Law 402 of October 9, 2023. Under that provision, sensitive or private personal data concerning experts included in judicial proceedings would be handled according to the principles of confidentiality, proportionality and purpose limitation, in accordance with personal data protection legislation. The rule addresses how expert information within the proceedings is handled and the scope of access to, or disclosure of, that information.
The court would adopt, on its own initiative or at a party’s request, reasonable measures needed to prevent unauthorized access to or disclosure of an expert’s personal information when that information is unnecessary for exercising the rights of defense and to challenge evidence. In applying those measures, the court would have to preserve access to the information needed to identify the expert professionally, verify the expert’s qualifications and scrutinize the expert evidence. The article lists restricted access, separation of documents and other suitable safeguards as possible mechanisms. Protection would therefore operate within the case record while retaining the information needed to question the expert’s professional participation and examine the opinion or report.
The same article provides that a judge would sanction the use or dissemination of that information for purposes unrelated to the proceedings through the corrective powers provided in the Code to which the added provision belongs. Such action would be without prejudice to any applicable civil, criminal or disciplinary liability. Article 3 expressly identifies the proposed changes: amendment of paragraph 2 of Article 522 and addition of Article 522-A to Law 402 of October 9, 2023. Article 4 provides that the proposed law would take effect on the day following its promulgation.
The proposal concerns courts and judges involved in judicial proceedings, as well as experts, the parties and those who participate in presenting and scrutinizing expert evidence. It could also be of interest to professional sectors whose members serve as experts.
What it proposes.
- Professional identification information in an expert opinion or report.
- Handling of experts’ sensitive or private personal data in judicial proceedings.
- Judicial safeguards, access to information and corrective measures for use or disclosure outside the proceedings.
Who it would affect.
- Experts involved in judicial proceedings.
- Courts and judges.
- Parties exercising the rights of defense and to challenge expert evidence.
Key points.
- An expert opinion or report would include the expert’s professional identification details and professional qualification or registration number.Art. 1
- The expert would formally designate a professional or institutional address, or a technological means, for receiving procedural notices.Art. 1
- Sensitive or private personal information not strictly necessary to identify the expert or enable the expert to act would be omitted.Art. 1
- An expert’s sensitive or private data included in the proceedings would be handled according to the principles of confidentiality, proportionality and purpose limitation.Art. 2
- The court would adopt safeguards on its own initiative or at a party’s request while preserving access needed for the defense, verification of qualifications and scrutiny of the evidence.Art. 2
- A judge would sanction use or dissemination of the information for purposes unrelated to the proceedings through corrective powers, without prejudice to other liability.Art. 2
- The draft bill identifies the amendment and addition proposed to Law 402 of October 9, 2023, and provides for entry into force on the day following promulgation.Arts. 3-4