Confidential evidence (149, 150,-666)

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Keywords: Confidential evidence
Total judgments found: 87

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• Judgment 284

  
  37th Session, 1976
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 3

  Extract:

  The complainant seeks the removal of a minute which "consists of the supervisor's comments on the complainant's minute of appeal from the decision to with hold his increment. These memoranda were properly placed in the complainant's confidential personnel file in accordance with [the relevant Manual provision]. Under [that provision] the complainant is entitled to receive copies of them and he has in fact had copies. There is no rule authorising their removal on the ground that they are detrimental."

  Keywords:

  confidential evidence; elements; personal file;
  

  
  
  

• Judgment 256

  
  34th Session, 1975
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  The material provision "provides for the establishment for each official of a personal file which shall be confidential. The confidential character of the file does not, however, apply to information which, though it may be deduced from the personal file, may be as readily obtained from other sources such as publications of the organisation or public records." In the present case the information given, even if it might also have been found in the complainant's personal file, was not confidential within the meaning of the provision in question.

  Keywords:

  confidential evidence; criteria; definition; personal file; publication;
  

  Consideration 3

  Extract:

  The organisation provided a third party with an attestation on the complainant's recruitment and private life. "[I]n failing to inform the complainant of the request for information about him the organisation failed to perform a duty by which it was bound [...] The fact that the attestation contained only information which had been published or was a matter of public knowledge is not decisive. The most that can be said is that that fact would have relieved the organisation of the duty to consult the complainant if the information sought had plainly not been of such a nature as to cause him any prejudice whatever. Such was not the case, however".

  Keywords:

  communication to third party; confidential evidence; duty to inform; injury; organisation's duties; personal file;
  

  Consideration 6

  Extract:

  The complainant invites the Tribunal to declare that a confidential file has been compiled relating to him; he seeks to be allowed to consult the file and have it destroyed. "These claims are receivable since the complainant has an interest in ensuring that all the documents concerning him should be put in his personal file, to which he has free access under [the applicable provision]. Also receivable are the claims [asking for] a list of the documents to which he is denied access, those claims being implicitly included in his original claims for relief."

  Keywords:

  application for quashing; cause of action; claim; complainant; confidential evidence; disclosure of evidence; personal file; receivability of the complaint; request by a party;
  

  Consideration 7

  Extract:

  "By virtue of Article 4.12 of the Staff Regulations each staff member may freely consult his personal file. Like any public administration, however, the organisation is entitled not to put in an official's personal file some of the documents which concern him, that is keep such documents secret from him."

  Reference(s)

  Organization rules reference: ARTICLE 4.12 OF ILO STAFF REGULATIONS
  
  

  Keywords:

  confidential evidence; disclosure of evidence; duty to inform; organisation's duties; personal file;
  

  
  
  

• Judgment 191

  
  28th Session, 1972
  United Nations Educational, Scientific and Cultural Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  Noting the confidential nature of the documents which it ordered to be disclosed, the Tribunal "decided not to communicate them to the complainant and merely informed him of the tentative conclusions which it had drawn from them. [...] After further consideration, however, the Tribunal reached its decision without relying on these documents."

  Keywords:

  appraisal of evidence; confidential evidence; disclosure of evidence; request by a party; tribunal;
  

  
  
  

• Judgment 132

  
  21st Session, 1969
  International Labour Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Considerations

  Extract:

  The complainant seeks to have the report of the legal adviser on the tense situation in a regional office, as a result of which he was transferred, disclosed in full. The report was communicated to the Tribunal with the exception of certain passages regarded as confidential. "In the circumstances of the case the Tribunal considers it unnecessary for the establishment of the fact to order that the omitted passages should be produced."

  Keywords:

  appraisal of evidence; complainant; confidential evidence; disclosure of evidence; request by a party; tribunal;
  

  
  
  

• Judgment 131

  
  21st Session, 1969
  World Health Organization
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 2

  Extract:

  "There is no provision in the Staff Regulations or Rules conferring on the complainant any right in respect of the documents in the organization's file concerning him. He is not entitled to require either that they should be withdrawn or that copies of them should be furnished to him. The submissions on these matters are therefore unfounded."

  Keywords:

  application for quashing; competence of tribunal; complainant; confidential evidence; disclosure of evidence; elements; personal file; request by a party;
  

  
  
  

• Judgment 125

  
  20th Session, 1968
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  Consideration 1

  Extract:

  The organization based its conclusions on letters and the contents thereof "as evidence against the complainant". The complainant is accordingly "entitled to see the letters; and it is not enough that he should be provided with extracts or summaries of such parts of the letters as the organization considers to be relevant." The organization has admitted that passages have been omitted relating to extraneous subjects or which the organization considers confidential, the reasons for any such omissions having been given. If the Tribunal decides to examine the omitted passages, "the complete letters will [...] be produced only to the Tribunal itself and will not be shown to the complainant" unless the Tribunal so decides.

  Keywords:

  appraisal of evidence; confidential evidence; disclosure of evidence; interlocutory order; organisation; right to reply;
  

  
  
  

• Judgment 13

  
  4th Session, 1954
  Food and Agriculture Organization of the United Nations
  Extracts: EN, FR
  Full Judgment Text: EN, FR

  On the substance

  Extract:

  The existence of a secret document vitiates the equitable application of the Regulations and affects both the interests of the staff as a whole and that of justice itself. "Vide, Judgment No. 15 of the United Nations Administrative Tribunal: 'the applicant cannot be penalised because certain information is considered by the respondent as confidential and the applicant has no opportunity either of knowing that the reason is or of challenging it."

  Keywords:

  case law; confidential evidence; disclosure of evidence; flaw; judgment of the tribunal; organisation; refusal; right to reply; unat;
  

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