
Data Quality Challenges
by Guest Blogger, 5/20/2002
On 11/16/00, the Judicial Conference's Subcommittee on Privacy and
Electronic Access to Case Files of the Court Administration and the
Case Management Committee issued a request for comments regarding
policy options for electronic and online access to federal court
records.
By the 1/26/01 deadline, some 240 comments were received.
The resulting report drew considerable attention, in part, for its
recommendations with respect to criminal case files.
While it was suggested that criminal docket sheets continue to be
made available to the public through individual courthouses, certain
court websites, and the federal Public Access to Court Electronic
Records (PACER) system, the report also called for no remote
(non-courthouse facility) electronic public access to be provided
to documents in criminal cases, out of concern for privacy and safety
of the parties involved in such matters. The Conference was asked,
however, to reconsider the policy within two years.
However, in a 5/7/02 news release through the Administrative Office
of the U.S. Courts, one federal appellate and ten federal circut courts were announced as participants in a Judicial Conference pilot program to make their criminal case files available via the Internet through the PACER system (accessible in many courthouses) for $0.07 per page. While this is not fully remote on-demand access, it will be used to study
the feasibility of such a move, within the controllled confines of courthous facilities.
As Graeme Browning writes in the 5/13/02 Federal Computer Week, however, the pilot was decided upon in March, and in effect, is a turnaround from the recommendations set out in the 2001 Conference committee reports-- which were criticized for putting forth a false delineation between access to paper and electronic records.
The reports also overlooked privacy concerns around scenarios in
which personal information is released, regardless of the record
format. Despite a high level of public access to court records,
federal rules and procedures do not cover exactly how information
is to be accessed at individual courthouses, nor how judges are
guided with respect to information that is sealed or unsealed to
the public.
The pilot will be closely monitored by privacy interests, and those
interested in greater access to court information for their advocacy
in and around the judicial arena.
