Access Litigated: The Duty of Accuracy and the Use of Court Records

 

As it has become easier for courts to provide electronic access to dockets and case files, and court records are used for a variety of purposes unrelated to litigation and court operations, there is increasing tension over questions of records accuracy and the potential for harm from the use — or misuse — of court records.  Questions arise about whether courts should bear greater responsibility for their data collection practices, how to ensure and maintain the accuracy of records, and whether courts should — or have the authority to — impose limitations on the use of public records accessed through court electronic systems.  This session will review these complex questions, focusing on the constituencies involved, “accuracy litigation,” the risk that the disclosure and use of inaccurate records will cause harm to individuals, and how courts might take a proactive role in this area.

 

 

Materials:

Authorities on law governing public criminal records Cover page – Sharon Dietrich’s materials Dietrich – Preventing Background Screeners from Reporting Expunged Criminal Cases Dietrich – Summary of FCRA as applied to criminal records New-2 Paul L. Woodard and Eric C. Johnson, Compendium of State Privacy and Security Legislation Public criminal record laws

Paul L. Woodard and Eric C. Johnson, Compendium of State Privacy and Security Legislation

Dietrich – Summary of FCRA as applied to criminal records New-2

Dietrich – Preventing Background Screeners from Reporting Expunged Criminal Cases

Cover page – Sharon Dietrich’s materials

Authorities on law governing public criminal records