Computer system of courts without a legal fit

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In addition to the suspicion of improper access to judicial data subject to secrecy by the political power, there is now information that H @ bilus, the computer program used in the courts to monitor the proceedings, has no legal framework.

The situation was pointed out for the first time by the National Data Protection Commission (CNPD), in January 2004, at the time called to comment on a preliminary draft decree-law of the previous Government with a view to regulating management data files automated procedural procedures of the courts, that is, what H @ bilus is today, as reported yesterday by Diário de Notícias.

CNPD’s opinion on the preliminary draft was negative, considering that the central records that the system would produce lacked regulations that would guarantee data confidentiality. After that, no other draft diploma was proposed.

The suspicion about the possibility of politicians accessing confidential information is not yet cleared up. The matter was raised by the Union of Magistrates of the Public Ministry who asked the Attorney General’s Office to investigate the computer system of the courts, considering that there may be an information leak from the Ministry of Justice, where the server that manages the flow is housed. of data exchanged on that network.

The files of H @ bilus are gathered on the server of each of the courts, which, in turn, is connected to a central computer controlled by the Directorate-General for the Administration of Justice (DGAJ). It is suspected that this entity will thus have an opportunity to access all data, including confidential data. The same could happen at the Institute of Information Technologies in Justice, the body that controls the computer network of the courts where H @ bilus is implanting. Both entities are supervised by the MJ.

The DGAJ came, however, to ensure that there is no central database that gathers the documents of the cases, which are divided by each of the servers installed in the courts. The Office of the Attorney General is therefore awaiting a response to the request for clarification from the Public Ministry.

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