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Court Information Management: Policy COURT INFORMATION MANAGEMENT POLICY FRAMEWORK to ACCOMMODATE THE DIGITAL ENVIRONMENT Discussion Paper Prepared by Jo Sherman For the Canadian Judicial Council © Canadian Judicial Council Catalogue Number JU14-23/2013E-PDF ISBN 978-1-100-21993-6 Available from: Canadian Judicial Council Ottawa, Ontario K1A 0W8 (613) 288-1566 (613) 288-1575 (facsimile) and at: www.cjc-ccm.gc.ca FOREWORD | iii Foreword Traditionally, courts have relied on the availability of filed documents – both paper based or electronic – as a means to move the work of the Court forward. Recent technological advancements have dramatically improved the way documents are captured, stored, shared and retrieved electronically. Managing this information and making full use of digital technology has been a challenge for all institutions, including the courts. The possibility of having instant access to digitized documents from virtually anywhere presents enormous benefits; however, there are also risks in allowing unfettered access to court documents. Some information is sensitive and the impact of its release needs to be carefully weighed in the context of ensuring a fair trial and protecting vulnerable individuals. Courts also have a duty to protect the integrity of all information that are part of legal proceedings. As expectations grow that courts will foster ongoing transparency through the use of modern information technology, courts must seize the opportunities to streamline their policies and governance in this regard. By setting definitions, architectural principles and information management policies, courts may approach this evolving issue with confidence. This discussion paper proposes a framework for individual courts to consider when moving towards the development of their respective Information Management policies. The discussion paper has been prepared by the Canadian Judicial Council’s technology committee. While it should not be considered as a policy of the Council, it provides an excellent starting point for courts to reflect on the challenges and opportunities offered by modern information technology in framing their own policies. TABLE OF CONTENTS | v Table of Contents 1 EXECUTIVE SUMMARY . 1 2 INTRODUCTION ..........................................................................3 2.1 Terms of Reference .......................................................................3 2.2 Our Networked Society ..................................................................3 2.3 The Challenge for Courts : New Policy Formulation ........................................4 2.4 Purpose of this Document ................................................................4 3 ELECTRONIC COURT INFORMATION ......................................................5 3.1 Documents versus Information ...........................................................5 3.2 Practical Obscurity .......................................................................6 3.3 Possession and Control ..................................................................6 3.4 Custodianship ...........................................................................7 3.5 Architecture requires Information Management Policy . .7 4 NEW RISKS IN OUR DIGITIZED SOCIETY ...................................................9 4.1 It is impossible to control information once it’s released on the Internet. ...................9 4.2 It is easy for a court to lose control over the quality of its information ......................9 4.3 Data mining may facilitate unauthorised bulk-access to court information .................9 4.4 Risks to vulnerable people ..............................................................10 4.5 Personal privacy may be invaded by persons with ‘no right to know’ ......................10 4.6 Increased risk of identity theft, harassment, fraud ........................................11 4.7 Access to disturbing material may cause distress or harm ................................11 4.8 Fair trials are easily compromised ........................................................12 4.9 It’s easier to leak sensitive court information and its impact is more damaging ............14 4.10 Outsourcing eLodgment to commercial providers can lead to loss of control ..............14 4.11 Outsourcing or ‘cloud’ arrangements can mean loss of control ............................14 4.12 Commercial litigation may go elsewhere ................................................14 4.13 Technology can sometimes drive Policy (when it should be vice versa) ....................15 5 INFORMATION MANAGEMENT POLICIES IN CONTEXT ....................................16 5.1 Inter-Relationships between Values, Policies and Architecture ............................16 5.2 Core Values for Courts ...................................................................17 5.3 Balancing Core Values ...................................................................18 5.4 Independence : A Unique, Cornerstone Value within Courts. 19 vi | TABLE OF CONTENTS 6 WHAT IS ARCHITECTURE? ...............................................................21 Information Architecture . 22 Technology Architecture . 22 Business Architecture . 22 Governance & Methodology . 22 6.1 Why do we need Architecture? ..........................................................23 6.2 What is the risk of proceeding without it? ................................................23 6.3 Emerging Trends : Service Oriented Architecture .........................................24 Benefits of Service Oriented Architecture . 25 Migration from legacy applications into new technologies . 25 Service Oriented Architecture in Practice . 26 Resources and Capability . 28 7 DEFINING COURT INFORMATION – A GRANULAR PERSPECTIVE ...........................29 7.1 Why do we need definitions? ............................................................29 7.2 Categories of Court Information .........................................................31 Judicial Information . 32 Case File . 34 Court Record . 34 Docket . 35 7.3 Court Users and Participant Categories ..................................................36 7.4 Case Type Categories ...................................................................37 7.5 Personal Information ....................................................................37 8 COURT INFORMATION MANAGEMENT POLICIES ..........................................38 8.1 Policy Formulation ......................................................................38 8.2 Foundational Policies ...................................................................39 8.3 Access Policies ..........................................................................44 8.4 The Bellis Proposals : a Modern Framework of Public Access to Court Records .............46 8.5 Possible Use of Creative Commons Licence ..............................................47 8.6 Proposed Access Policies ................................................................47 8.7 Privacy Policies .........................................................................50 8.8 Security Policies ........................................................................54 8.9 Preservation Policies ....................................................................56 8.10 Performance Measurement Policies .....................................................58 APPENDIX 1: REFERENCES ...................................................................59 APPENDIX 2A: ALLOCATION TABLE FOR THE COURT RECORD AND CASE FILE ..................61 APPENDIX 2B: USAGE OF COURT INFORMATION MATRIX .....................................64 APPENDIX 3: RECOMMENDED KEY DEFINITIONS .............................................65 SECTION 1 – EXECUTIVE SUMMARY | 1 1 Executive Summary This paper proposes a framework and methodology for information management policy formulation within courts. It is designed to enable court policy makers to embrace the opportunities presented by our networked society while also accommodating the emerging risks. The approach recommended in this paper also provides those responsible for the architecture design and implementation of court information systems with a policy foundation to underpin and guide their work. The policy framework addresses the following areas: • Foundational Policies • Access Policies • Privacy Policies • Security Policies • Preservation Policies • Performance Measurement Policies It also proposes definitions for the following key terms: • Judicial Information • Private Judicial Information • Court Judicial Information • Case File (Restricted Access Information) • Court Record (Open Access Information) • Court Docket • Personal Information The recommended methodology within each jurisdiction is to: 1. Confirm recommended key definitions (Appendix 3) 2. Complete an Allocation Table for the Court Record and Case File (Appendix 2) 2 | SECTION 1 – EXECUTIVE SUMMARY 3. Develop an Access to Court Information Table to define who should have access to what information for each Case Type (Appendix 2) 4. Review the recommended policies (Section 8) in terms of suitability for local application taking into account any unique characteristics or requirements within the jurisdiction and adjusting them as required to accommodate any pre-existing legislative or similar constraints. Once these steps have been performed the emerging information management policies will provide a set of Architectural Principles to guide those responsible for court computer system design. Modern approaches to computer system design, such
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