However, even after the court reached the conclusion that the potential violation of privacy was severe, its work was not yet finished. He must continue to examine whether, in the circumstances of the case, there is room to exercise the power given to him to prohibit publication, in view of the balance between the various considerations that are necessary for the matter. Thus, alongside the extent of the violation of the right to privacy, the extent of the violation of the principle of publicity of the hearing must be examined.
The starting point is that the principle of the publicity of the hearing is violated whenever the publication of the judicial proceeding is limited. This is because the justifications for the principle are mainly institutional, and they are not based solely on the public interest in the specific discussion... However, the severity of the damage to the principle may vary from case to case. Thus, for example, the intensity of the harm resulting from a sweeping gag of publication on the proceeding under discussion in court is not the same as the intensity of the harm deriving from a partial gag of publication that relates only to the identity of the parties (to the extent that there is no special public interest in their identity). It is therefore possible to enumerate various parameters for examining the degree of harm to the principle of publicity of the hearing. Among these, it is possible to point to the scope of the publication ban, the duration of the prohibition, the stage at which the judicial proceeding is located..., the degree of public interest in the specific proceeding and the identity of the parties, the existence of other, less harmful means in the hands of the court that enable it to prevent the violation of privacy...
As is well known, information about a person's health condition is a clear and central aspect of his privacy... Such information is at the core of the right to privacy, and its disclosure without the consent of the data owner constitutes a serious violation of his privacy...