De-anonymization' and 'Re-anonymization'. Why Traditional Assumptions No Longer Apply
Author | Karen Eltis |
Pages | 93-99 |
93
CHAPTER 4
“De-anonymization” and “Re-anonymization”
Why Traditional Assumptions No Longer Apply
Notwithstanding what was said previously, and in a sincere but at times
misguided eort to enhance access, courts and quasi-judicial bodies are
increasingly eager to digitiz e. Not only are individual judges (for the most
part) electing to go digital, judicial associations such as the Canadian Ju-
dicial Council (CJC) actively encourage online publication,1 and some
jurisdictions legally require it.2 us, for instance,“Quebec has perhaps
the most distinct legislative framework of all for publication of decisions
made by tribunals. Quebec access to information law captures adminis-
trative bodies, but, unlike other jurisdictions, the legislation specically
requires public disclosure of tribunal decisions . . . .”3 us, the re gulation
applicable to Québec’s access and privacy legislation reads as follows:
A public body that makes reasoned decisions in the exercise of adjudi-
cative functions must send the decisions to the Société québécoise
d’information juridique, which must distribute them, in accordance
with the by-law made under section 21 of the Act respec ting the Société
1 David Loukidel is, Privacy and Openness in Tribunal Deci sions (Victoria, BC:
Oce of the Information & Pr ivacy Commissioner for British Columbia, 2 008),
online:www.cba.org/cba/cle/pdf/loukidelis_david.pdf. At 13, Loukidelis ind i-
cated that the Ca nadian Judicial Council “concluded in a 20 05 publication that
all judgments should be publ ished on the internet to enhance access to ju stice
and facilitate lega l research.”
2 For example, the United States. See Louk idelis, ibid at 6, citing Canad ian Judi-
cial Council , Judges Technology Advisory C ommittee, Model Policy for Access
to Court Records in Can ada (2005) at para 19, online: CJC www.cjc-ccm.gc.ca/
cmslib/general/news_pub_techissues_AccessPolicy_2005_en.pdf.
3 Loukidelis,above note 1 at 10.
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