Reconciling Privacy and Access Interests in E-Government

Privacy is both the most often cited and the least understood rationale for information policy aimed at protecting the disclosure of governmental information. The use of privacy as a means of limiting governmental information sharing has expanded rapidly in recent years, as a variety of interests—all seemingly concerned with informational privacy—have emerged in the policy making arena. Governments increasingly turning to e-government solutions must confront privacy issues while maintaining access to governmental information. One of the most contentious privacy–access issues concerns the digitization of court records. Historically open to the public in paper form with limited exceptions, electronic court filings raise novel privacy issues unimagined by keepers of paper-based records systems. This paper looks at the rules that a number of municipal and state governments have adopted in order to move court records online. It examines the new court rules in light of the origins of informational privacy law, offering an avenue for comparing modern conceptualizations of data privacy with the legal principles created in seminal privacy decisions related to informational privacy. Using the rules themselves, the paper explores the dominant strands of privacy doctrine, illustrating the divide between privacy law and privacy policy regarding data protection statutes, freedom of information law exemptions, and other data controls.