QUICK ESCAPE FROM SITE

Ensuring Privacy and Identity of Victims

Drafters should ensure that special provisions for the protection of a trafficking victim’s privacy and identity are included in the law.  Such protections should include:

  • The processing, storage and use of personal data exclusively for the purposes for which they were compiled according to existing laws and regulations;
  • Protocols for the sharing of information between agencies involved in the victim identification and assistance with full respect for the protection of privacy of the victim;
  • The confidentiality of information exchanged between a victim and professional providing medical, psychological, legal or other assistance services shall be confidential and shall not be exchanged with third persons without the consent of the victim;
  • Interviews with the victim during court proceedings should be conducted with respect for the victim’s privacy and away from the public and media;
  • The confidentiality of the results of medical examinations of the victim and their use only for criminal investigation and prosecution; and
  • The prohibition against public disclosure or publication of the victim’s name, address, or other identifying information including photographs.

(See: UNODC Model Law Against Trafficking in Persons, Art. 25, 2009; Polaris Project Model Comprehensive State Legislation to Combat Trafficking in Persons, 3.6, 2006; State Model Law on Protection for Victims of Human Trafficking, Division D, Section 4, 2005)

Drafters should ensure that special provisions for the protection of a child victim’s privacy and identity are included in the law. Such protections include the above listed provisions as well as special consideration for the victim’s age. (See: Council of Europe Convention on the Protection of Children against Sexual Exploitation and Sexual Abuse, Council of Europe, 2007)

Orders for protection, harassment restraining orders and other court orders

Orders for protection, harassment restraining orders and other court orders may be available for victims of trafficking. For more information,  see the Domestic Violence and Sexual Assault sections of this Module.

 

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