Electronic Court Record Access: Present Landscape, Neutral Principles, and the Looming Interloper of Contextual Privacy
Chapter 5, Transparency 2.0: Digital Data and Privacy in a Wired World (Charles N. Davis & David Cuillier, eds. 2014)
15 Pages Posted: 17 Aug 2014
Date Written: August 14, 2014
This paper examines the current landscape in court record access policy with particular attention to key issues in present development. It explains the deliberate and central role of neutrality in FOI policy since the civil rights era and how neutrality is jeopardized in court record access policy development. It briefly describes the emergence of context as a central principle in recently influential thinking about privacy. The paper concludes that incompatibility between neutral principles and new privacy paradigms jeopardizes transparency and accountability in the courts.
Keywords: law, judicial, court, record, access, freedom of information, FOI, contextual, privacy, neutral principles, transparency, accountability
JEL Classification: D82, H73, K10, K30, K40
Suggested Citation: Suggested Citation