Transparency, Data Protection and the Law Courts of the Future

This article by Paul Magrath examines the tensions between data protection and transparency in the context of a long overdue digital revolution in the courts of England and Wales. Many traditional hearings are being replaced by virtual or video-conference type hearings, and may in time be dealt with by an online court. There are concerns that open justice may suffer. Yet any attempt to remedy this with more transparent scrutiny of court information will need to conform to the stricter data protection regime under GDPR as well as respecting the privacy of litigants and the presumption of innocence. The author is Head of Product Development and Online Content with ICLR and a trustee of the Transparency Project.