The Conflict and Balance between Public Disclosure of Judicial Documents and Personal Data Protection: An Examination of the Anonymization Mechanism

Abstract

The public disclosure of judicial documents has produced numerous positive effects in judicial transparency, fairness, legal public education, risk prevention for societal entities, and specialized education and research across various industries. However, without a clear understanding of the primary functions and value of public disclosure, excessive exposure of litigants' personal information and privacy in these disclosed documents has led to a conflict between public interest and individual rights. It is recommended to prioritize the protection of individual rights and procedural justice, in tandem with the proportionality principle, to achieve public interest objectives with the least infringement on personal rights. By utilizing an anonymization mechanism, a dynamic balance between the public disclosure of judicial documents and personal data protection can be established.