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Judicial Information Management in an Electronic Age: Old Standards, New Challenges

Federal Courts Law Review, Forthcoming

42 Pages Posted: 27 Jul 2009 Last revised: 28 Feb 2014

Peter A. Winn

University of Washington - School of Law

Date Written: July 24, 2009

Abstract

Under well established law, information in court records is open to the public, but it may be sealed upon a fact-based showing either that the information is not a matter of legitimate public concern or is sufficiently sensitive to need such protection. Under the former paper-based court record system, however, routine violations of these publcity standards were widely tolerated. At the same time, the practical obscurity of paper provided a default privacy benefit for negligently unsealed sensitive information. With the introduction of electonic filing, old improper sealing practices are now increasingly being exposed and criticised; while the dealth of practical obscurity has caused individuals with sensitive information in court files, to be increasingly exposed to harm. This article argues that restoring an appropriate homeostasis to the judicial information eco-system, where legitimate privacy and publicity interests are both protected, does not require replacing established common law standards; but it will require the adoption of new legal procedures, better use of information technologies, and more careful training of judges and lawyers. Ultimately, to properly achieve this goal, the existing common law adversarial system of information mangement will need to be supplemented by a new administrative model.

Keywords: privacy, public right of access, court records

JEL Classification: K41

Suggested Citation

Winn, Peter A., Judicial Information Management in an Electronic Age: Old Standards, New Challenges (July 24, 2009). Federal Courts Law Review, Forthcoming. Available at SSRN: https://ssrn.com/abstract=1438674

Peter A. Winn (Contact Author)

University of Washington - School of Law ( email )

William H. Gates Hall
Box 353020
Seattle, WA 98105-3020
United States

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