Judgments as Public Information

This article is written by Paul Magrath who is the Head of Product Development and Online Content at the Incorporated Council of Law Reporting for England and Wales (ICLR). His article explores the issues surrounding the custodianship of those public legal documents, such as court judgments, which form primary sources of law but which may also contain private data, and looks at the way custodians of such data can also act as gatekeepers, enhancing or inhibiting access by the public as well as more specialised users. It expands upon an article published by Infolaw.co.uk entitled “Custodians and gatekeepers: maintaining access to public legal information”, and refers to recent case law involving the tension between information in the public domain and the individual's privacy and “right to be forgotten” by search engines. The article also looks at how court documents are made accessible in other jurisdictions and imagines how things might be improved in our own courts, before concluding that the model of a not-for-profit organisation, such as the ICLR or BAILII (the British and Irish Legal Information Institute), may work as well if not better than public or private management of judgments and other legal public information.