online access to court records some observations on privacy l.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Online Access to Court Records : Some Observations on Privacy PowerPoint Presentation
Download Presentation
Online Access to Court Records : Some Observations on Privacy

Loading in 2 Seconds...

play fullscreen
1 / 14

Online Access to Court Records : Some Observations on Privacy - PowerPoint PPT Presentation


  • 133 Views
  • Uploaded on

Contribution to The ARANZ Lecture 2005. Online Access to Court Records : Some Observations on Privacy . Blair Stewart Assistant Commissioner Office of the Privacy Commissioner. What I’m speaking on. Just: On-line access to court records

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Online Access to Court Records : Some Observations on Privacy' - xaria


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
online access to court records some observations on privacy

Contribution to

The ARANZ Lecture 2005

Online Access to Court Records: Some Observations on Privacy

Blair Stewart

Assistant Commissioner

Office of the Privacy Commissioner

what i m speaking on
What I’m speaking on

Just:

  • On-line access to court records

I don’t intend to say anything on the law or other aspects of the general topic, but happy to answer questions or speak more broadly in discussion time

why the interest in on line access
Why the interest in on-line access?
  • Technology neutral but powerful
  • Change face of public administration (c.f. Public Records Bill)
what are court records
What are Court records?
  • Judgments
  • Case documents (e.g. pleadings)
  • Exhibits
  • Information on court administrative systems?
what are the purposes of such records
What are the purposes of such records?

Purposes of:

  • Records
  • Access
purposes continue
Purposes continue

Purposes may differ between:

  • Judgments
  • Case documents
  • Exhibits
  • Administrative information
what is meant by on line access
What is meant by on-line access
  • Free? Subscription?
  • By courts themselves? Secondary publishers?
  • Bulk release? Individual search?
  • Prospectively? Scan back copies?
some privacy issues
Some privacy issues
  • Issues with particular courts and tribunals and case types may differ (e.g. criminal; family; coroners, employment)
  • Bulk release and automated harvesting v. individualised search
some privacy issues9
Some privacy issues

Google

the enemy of

Practical

Obscurity

a few other privacy issues
A few other privacy issues
  • People caught in the cross-fire who may be name searched (witnesses, others referred to)
  • Identity theft
  • Sensitive information
  • Personal safety
  • Secondary uses
solutions
Solutions?
  • Others have recommended a “go slow” approach, precautionary principle
  • Technological fixes to some issues? Example minimizing data harvesting
  • Limiting what is posted on-line
  • Redacting certain details, manually or automatically
  • Restrictions on access, use
  • Data laboratories for research
  • Statistical and other accountabilities
privacy impact assessment
Privacy Impact Assessment
  • If a major move to putting records on-line mooted, a PIA should be undertaken
  • Administrators should take responsibility to understand the effects and take appropriate measures to protect privacy interests, as they ensure that other genuine (and not spurious) public interests are given effect to
conclusion
Conclusion
  • Identify purpose of records, and purpose of access
  • Central value of open justice as expressed through public hearings does not necessarily mean unfettered access to records
  • Task to understand the effects and craft innovative responses to protect all the various public interests at issue
some us resources
Some US resources
  • “Public Records on the Internet: the Privacy Dilemma” www.privacyrights.org/ar/onlinepubrecs.htm
  • Minnesota Supreme Court Advisory Committee report (2004) www.courtaccess.org/states/mn/documents/mn-accessreport-2004.pdf