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Case details and publicity

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Case details and publicity

Postby dls » Thu Feb 25, 2016 1:37 pm

You will know that I publish the swarb.co.uk case law website.

Cases are necessarily published by reference to the names of the parties involved, and I sometimes get requests for names to be removed.

The issues in different cases do, as you might expect differ, but my question now is as to one particular aspect - whether it should be relevant that the person involved has made a deliberate to publish their identity online - for example by facebook of linkedin or otherwise?

I am tempted to be less sympathetic, but have yet to work through the logic. Any suggestions?
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Re: Case details and publicity

Postby atticus » Thu Feb 25, 2016 1:44 pm

I have little sympathy. You are publishing a legal research resource, and cases are cited by name.

Are you able to find out what Bailii do in relation to such requests?

Surely the fact that you have an online presence such as Facebook or LinkedIn cannot be taken of itself to mean that you authorise publication of your name in a case report that may not show you in a good light. I think this may not be the best point. If, however, those online activities publicise your case, e.g. campaigning or reporting, then I agree with you - no chance.
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Re: Case details and publicity

Postby dls » Thu Feb 25, 2016 6:04 pm

In January 2016, in the Supreme Court, in the case of Regina (on the application of C) -v- Secretary of State for Justice, Lady Hale said: "the names of the people whose cases are being decided, and others involved in the hearing, should be public knowledge." . . although in that case the party remained anonymous.

I think that the system of precedents could work entirely successfully if parties were referred to by say a four character randomly chosen code. The immigration tribunal works perfectly well with a huge number of anonymous cases. They do not quite roll from the tongue, but they work.

Sometimes I see someone going large on social media sites, but reflecting more than anything else, their capacity for self delusion as identified in a judgment. I go out of my way in reporting cases to concentrate on the point of law explained by the judge. It is rare for a summary of ours actually to say anything deleterious to a party, I try particularly to avoid such.
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Re: Case details and publicity

Postby Hairyloon » Thu Feb 25, 2016 7:48 pm

dls wrote:Sometimes I see someone going large on social media sites, but reflecting more than anything else, their capacity for self delusion as identified in a judgment...

The truth can be spun in many ways: judgments can and do present one or both parties in a bad light that they probably do not deserve.
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Re: Case details and publicity

Postby diy » Thu Feb 25, 2016 8:47 pm

need to consider this:
http://ec.europa.eu/justice/data-protec ... ion_en.pdf
and possibly this:
http://www.legislation.gov.uk/ukpga/1974/53

What you describe is known as tokenising or hashing and it is popular within the new generation of data management platforms for reducing marketing spend with google for example. The process is to link 1st party data to 3rd party data without processing the persons data illegally, hence a hash/token is used to be compliant.
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Re: Case details and publicity

Postby atticus » Thu Feb 25, 2016 9:18 pm

How does that help the defendant named in a Court of Appeal decision?
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Re: Case details and publicity

Postby diy » Fri Feb 26, 2016 9:54 am

I really don't think the current system of indexing would have been able to take account of the possibility of a globally accessible computer database. It does seem odd that I have the right to be forgotten and my previous crimes once spent should also be forgotten, but my case may be immortal due to how the cases are referenced and stored.

There are some fairly hilarious cases, which I'm sure at least some of the parties would like forgotten. Many international ones are published e.g. the Sella's
Last edited by diy on Fri Feb 26, 2016 10:14 am, edited 1 time in total.
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Re: Case details and publicity

Postby atticus » Fri Feb 26, 2016 9:56 am

That means nothing to me ... Ah, Vienna
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Re: Case details and publicity

Postby diy » Fri Feb 26, 2016 10:50 am

In other words - is it right that the information remains in the public domain forever?
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Re: Case details and publicity

Postby atticus » Fri Feb 26, 2016 10:58 am

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