Individual Information Protection In The Internet Access To Judgment Documents

With the implement of the internet access to judgment documents in China, online judgment documents become a big disclosure gate of individual information. Additionally, courts’ individual protection consciousness are weak, and defenders are usually in a fix. Thus, the security of individual information is now facing a big challenge. The thesis is focus on the current situations, problems and solutions of individual information protection in the internet access to judgment documents.As for current situations, investigations have resulted in 10143 individual information in 2403 online judgment documents. But there are no complete legal provisions to protect individual information, the main legislative authority is a judicial interpretation of the Supreme Court in 2013. In addition, the winning party usually publish the judgment documents with detailed individual information to urge the other party to perform their legal obligations. And there still no regulations to adjust such behavior. Besides, In nine related cases, Two courts considered that such acts are legally non-infringement, three courts considered that such acts are legally non-infringement, but improper, another two courts considered that such acts are legally infringement, and in the last two cases, defenders give up their rights after failed negotiation. All in all, the current situations of individual information protection in the internet access to judgment documents is really bad.And there are mainly four problems:the confusion between individual information and privacy; incomplete legal provisions; lack of provisions in other party’s publicity of judgment documents and the hardness in the popularization of local courts’ best practice.At present, China’s legal system of individual information protection is at a blank status. Under the premise of distinguish individual information and privacy clearly, it would be better to extend good experience of local court first to protect the struggling individual information. In the end, the root of the matter is improve related regulations gradually to regulate court and other party’s publicity of judgment documents.