Tokens: 15
.
The
publication
in
the
RTL
of
the
information
about
the
applicant
’s
employment
by
the
KGB
was
lawful
in
so
far
as
it
was
based
on
the
provision
of
the
Disclosure
Act
establishing
the
substantive
grounds
and
procedure
for
the
registration
and
disclosure
of
persons
who
had
been
in
the
service
of
or
collaborated
with
the
security
or
intelligence
authorities
.
The
Estonian
courts
,
in
their
judgments
in
respect
of
the
applicant
,
also
clearly
relied
on
the
provisions
of
the
Disclosure
Act
which
purport
to
protect
national
security
,
public
safety
and
the
rights
and
freedoms
of
others
.
Yet
they
failed
to
ensure
that
a
proper
balance
was
achieved
between
those
interests
and
the
applicant
’s
Article
8
right
.
The
proportionality
and
necessity
tests
will
provide
evidence
of
that
failure
.
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