Zoe Adams (University of Cambridge), Abi Adams-Prassl (University of Oxford – Department of Economics), and Jeremias Adams-Prassl (University of Oxford – Faculty of Law) have posted “Online Tribunal Judgments and The Limits of Open Justice” (Forthcoming (2021) 41 Legal Studies) on SSRN. Here is the abstract:
The principle of open justice is a constituent element of the rule of law: it demands publicity of legal proceedings, including the publication of judgments. Since 2017, the UK government has systematically published first instance Employment Tribunal decisions in an online repository. Whilst a veritable treasure trove for researchers and policy makers, the database also has darker potential – from automating blacklisting to creating new and systemic barriers to access to justice. Our scrutiny of existing legal safeguards, from anonymity orders to equality law and data protection, finds a number of gaps, which threaten to make the principle of open justice as embodied in the current publication regime inimical to equal access to justice.