"ON GOVERNANCE INSTITUTIONS OF THE JUSTICE SYSTEM "   |   115/2016

Article 92: Information technology electronic system

1The Council of Ministers shall approve rules for general state policies for the information technology system for the justice system, among others providing for:

aprotective measures, thus ensuring access only for the justice system bodies, unless the data are of statistical nature, or it has been provided for differently by law;

bensuring full access for the High Justice Inspector to the data contained in the entire information technology system in connection with the high Judicial Council, courts, high Prosecutorial Council and prosecution offices;

cguaranteeing the protection of personal data and confidentiality, as well as possibility for each person to have a due process or the possibility of a public authority to conduct a criminal investigation;

çfor the organisation and functioning of the technology and information centre for the system of justice with one of the justice institutions and determining its powers.

2In compliance with the general policies in the field of technology and security of information,, the High Judicial Council shall, in cooperation with the Centre of technology and information for the justice system, be responsible for:

adeveloping or participating in the development of information technology electronic system for use in courts;

bmanaging, coordinating, monitoring and supervising the use of information technology in courts.

cdetermining the applicable information technology electronic system of cases and ensuring that the system be used in every court;

çestablishing rules for the functioning and security of the electronic case management system and the protection of personal data saved and used by the system;

dmaintaining the information technology electronic system of cases in accordance with the rules laid down in letter b, paragraph 2 of this article;

dhproviding technical assistance to the courts on the use of the electronic case management system;

eupdating the system periodically to ensure the implementation of functional requirements of courts, the Council and other bodies within the judicial system, as well as to reflect amendments to procedural laws;

ëensuring the accuracy and security of data and personal data protection;

fensuring that the information technology electronic system of cases generates statistical information necessary for the work of the High Judicial Council and other bodies, which are in compliance with European standards on work indicators of the judiciary, such as the clearance rate, number of cases per judge, the average duration of cases and the duration of ongoing cases in relation to the average duration, etc.;

gsetting rules for the mandatory use of the electronic case management system by courts, the unification of data entry and data accuracy.

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