Computers have brought forth a
whole new world of communications, offering instantaneous access to
practically unlimited information at our fingertips.
While the
information age has offered the courts new opportunities for effectiveness
and efficiency in 1999, technological advances have also raised sticky
questions concerning privacy. Washington's judiciary is working to
determine what parts of this vast new storehouse of information should be
accessible to all.
JUDICIAL INFORMATION SYSTEM COMMITTEE
BALANCES PUBLIC ACCESS WITH PERSONAL PRIVACY
- A citizen wants to know how much money has been awarded to sexual
assault victims in the state.
- The IRS seeks information on lawsuits brought in Washington by
certain named individuals.
- A collection agency desires names and addresses of those who failed
to pay small claims judgments.
The first two requests
were approved, and the third denied. These are the kinds of judgments and
policies that come under the oversight of Washington's Judicial
Information System Committee (JISC).
The 16-member JISC was
created by the Supreme Court 23 years ago to administer the computer
database that serves nearly all the state's 200-plus district, municipal,
superior, and appellate courts.
In 1999, the committee held its
first public hearing to survey the public and judiciary to refine its Data
Dissemination Policy as it endeavors to keep abreast of rapid advancements
in information technology.
The JISC bases its policy decisions on
a number of factors:
- State statutes, including protections for traditionally confidential
records as well as Washington RCW 2.68.050, which governs electronic
access to judicial information.
- Relevant case law, such as the leading U.S. Supreme Court opinion on
compiled records.
- The state constitutional requirement that "Justice in all cases
shall be administered openly, and without unnecessary delay."
LEGITIMATE PUBLIC ACCESS
Current policies allow anyone access to information about a
specific case-unless sealed by a judge, or if state law makes the record
confidential, as in adoption cases. This includes the names of the parties
involved and their relationships to the case, the cause of action or
criminal charge, case number, and outcome of the case.
CERTAIN INFO OFF-LIMITS
Requests for computer
information from OAC continue to rise. Last year, OAC received nearly one
hundred data dissemination requests from organizations, public agencies,
and the general public. Many other requests went directly to the state's
trial courts.
Since 1995 about 5% of requests have been denied,
some because the information requested is not held by court sources,
others because the requests would invade privacy and/or be used for
commercial purposes.
Personal information-such as social security
numbers, phone numbers, and other personal identifying information of
witnesses, jurors, and litigants-is off-limits to general access. Also
off-limits is "compiled" information, such as all cases filed by or
against a certain individual or across all levels of court.
DIFFICULT BALANCING ACT
Advancements in
information technology, coupled with mandates from the Legislature, make
storage and dissemination of information more complicated than ever
before. For example, the courts are mandated by the Legislature to compile
all family proceedings involving an individual, but are also charged with
protecting the privacy of that information.
Further adding to the
debate, is the increasingly sophisticated and specific nature of
information gathered by the courts. The JISC is currently working on a
revised policy to balance the privacy of individuals, the courts' need to
conduct business openly, and the public's right to know how the courts do
their jobs.
COURT CASELOAD REPORT GOES ONLINE AT
WWW.COURTS.WA.GOV
Legal professionals and the public now have access to accurate,
comprehensive, up-to-the-minute information on caseloads in Washington
courts. Under development throughout 1999, the annual Caseloads of the
Courts of Washington debuted online in May of 2000.
The fully
automated report includes information unavailable before. For example,
information on Superior Courts and Courts of Limited Jurisdiction are now
available in current-month, year-to-date, and annual tables.
Users
can easily compile their own customized reports, using specific data
tables they select. The entire report is available online in two formats:
data "html" tables and "pdf" reports. The html format offers quick and
easy access to specific statistical tables. The pdf format allows users to
print multiple tables as a single report, using free Adobe Acrobat
software.
In addition to more comprehensive and timely data, the
move is expected to provide substantial savings on printing costs and
staff data-entry time. While the online format offers many advantages, the
traditional report, with all the familiar tables, continues to be offered,
online and printable.