The Privacy Commissioner raised concerns about the publication of Family Court judgments which identify individuals on the Internet. The Commissioner proposed that judgments should be published in 'deidentified' form which would allow legitimate users to access judgments without compromising privacy. The Family Court is in the process of implementing an IT security policy which includes relevant controls to prevent unauthorised access, use or disclosure of personal information. 7.6 A report on publicity in family law proposed that the exceptions to section 121 of the Family Law Act, which prohibits publication of identifying information, should be broadened to allow publication of law reports or technical publications whether printed, by CD-ROM or on a database but not on the Internet. A major concern in considering new technologies is the security of the processes.
Much information generated in a legal context is sensitive, privileged or confidential.
Courts and tribunals create large amounts of electronic information. The data is stored in a variety of locations throughout geographically dispersed courts and tribunals. Draft judgments in particular must be protected from loss, damage, misuse, interference, destruction or unauthorised disclosure. Users of any system, and those providing information, must be confident that such information is circulated only to appropriate and authorised clientele. 7.8 Courts and tribunals have special security concerns that criminal records may be affected or tampered with confidential information affecting hearings or future hearings may be inappropriately revealed inadequate security could undermine public confidence in the justice system.