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

See all articles by Richard J. Peltz-Steele

Richard J. Peltz-Steele

University of Massachusetts School of Law at Dartmouth

Date Written: August 14, 2014

Abstract

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

Peltz-Steele, Richard J., Electronic Court Record Access: Present Landscape, Neutral Principles, and the Looming Interloper of Contextual Privacy (August 14, 2014). Chapter 5, Transparency 2.0: Digital Data and Privacy in a Wired World (Charles N. Davis & David Cuillier, eds. 2014). Available at SSRN: https://ssrn.com/abstract=2480626

Richard J. Peltz-Steele (Contact Author)

University of Massachusetts School of Law at Dartmouth ( email )

333 Faunce Corner Road
North Dartmouth, MA 02747-1252
United States
15089851102 (Phone)

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