Virtual Court: Privacy and Security of the Vulnerable

Abstract

The COVID-19 pandemic has changed the way the world works. People are shopping, socializing, and working online, using technology to replace the in-person experiences of ordinary life. The court system is no exception. In most places, the entire judicial structure became remote at the end of March. However, without sufficient notice and adequate time to prepare, the switch to virtual courts was not a smooth transition. Among issues that went underexamined were the privacy rights of vulnerable members of society who appear in court.

Using six states that chose different online platforms as case studies, this Article exposes the troubling consequences the use of virtual courts has had on the rights of minors, mentally ill and incapacitated persons. While this research reveals that privacy protections were often inadequate even before this switch to virtual court, it analyzes the further uneven outcomes after the switch to remote proceedings. Building on these findings, the Article supports the implementation of robust guidelines and specialized courts to protect the privacy interests of vulnerable members of society.