Paper's abstract

Céline Béguin-Faynel, Judicial open data and personal data: pseudonymisation and risk of re-identification
In the last fifty years, advances in computerization have made case law more accessible via legal databases, now competing with Internet law platforms. The loi pour une République numérique , French law for a digital Republic of October 7, 2016 provided for the generalization of the dissemination of decisions of the trial judges with regard to open data. However the obstacles are numerous: conceptual, technical, material. First, there has been a shift from the issue of how to anonymize jurisdictional decisions to how to pseudonymize them. Secondly, pseudonymization could hinder the judicial open data movement, because of the technical complexity necessary to achieve it. Moreover its implementation proves legally delicate. Legislative references to the protection of privacy must be combined with the application of the law on personal data, under which the risk of re-identification of litigants must be limited. Finally, it is difficult to place materially the cursor of pseudonymization. Which indications should be disguised: those relating to the parties, or more broadly to the persons cited and legal professionals involved?

Key Words : open data anonymization
t. 60, 2018: p. 153-181

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