Table
of Contents
Executive
Summary
Introduction
Section
1
Section
2
Summary
Appendix |
Section 1.10
- The Privacy Issue
Electronic public access
to court records can raise issues of privacy. These issues include such
instances as:
-
Public access to criminal files
may threaten the client’s constitutionally protected right to privacy.
-
Public access to public records
in electronic or compiled forms may pose a greater threat to privacy issues
than disclosure of those same records as individual pieces. This includes
“bulk” retrieval of public records for purposes of data mining. Users may
query the court record system to receive mass records from a single query,
such as “all antitrust actions filed by a particular date or party.” These
records could easily be exported to another database or spreadsheet for
personal or commercial use by the public.
-
Court records may contain sensitive
information, such as social security numbers, names and addresses of witnesses
in criminal cases, or financial information in divorce cases. Some states
allow it, others don’t. There are no nationwide standards for public record
access of court records. What may be considered “public” in one court,
may be considered “private” in another. This also raises the issue for
the courts to decide if they have the power to seal individual records
or entire categories of records.
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