De-anonymization' and 'Re-anonymization'. Why Traditional Assumptions No Longer Apply

AuthorKaren Eltis
De-anonymization” and “Re-anonymization”
Why Traditional Assumptions No Longer Apply
Notwithstanding what was said previously, and in a sincere but at times
misguided eort 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 on line publ ication,1 and some
jurisdic tions 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, unli ke other jurisdictions, the legislation specically
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 reas oned decisions in the exercise of adjudi-
cative functions must send t he decisions to the Société québécoise
d’informat ion juridique, which must dist ribute 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:
Oce of the Information & Pr ivacy Commissioner for British Columbia, 2 008),
online:w id.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
3 Loukidelis, above note 1 at 10.

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