裁判文书网上公开中的隐私问题研究

随着法院信息化建设的推进,裁判文书的公开方式呈现出从纸质到网络的发展趋势。加大了隐私扩散风险。针对法院是否应在网上公开裁判文书及公开的程度等问题,存在着三种观点：禁止说、区别说及同等说。为平衡公众知情权与个人隐私之间的冲突,对裁判文书中记载的敏感的个人信息或有损声誉的事实,需依据裁判文书公开的目的,决定是否将之公开在网上。同时,法院也应采取积极措施应对公众对隐私问题的关注,同等对待纸质公开和网上公开。     

Why Medical Child Support is Important—and Complex

Courts resolving child support cases involving separated, divorced, and non‐marital children are charged with defining responsibility for health care coverage for the children under that order. This article explores historical and current medical child support requirements under Title IV‐D of the Social Security Act—the national child support enforcement (“IV‐D”) program. It analyzes legal requirements and policy recommendations, and provides a practical tool judges may use to determine whether health care coverage available to either or both parents is appropriate—that is, comprehensive, accessible, and affordable.     

Privacy Remedies and Costs in the UK: Uncertainties in Access and Relief

Due to the global and pervasive nature of the Internet, the increasingly intrusive nature of reporting by tabloids, the high cost of bringing privacy actions, and the difficulty and complexity involved in removing private information from the World Wide Web, privacy costs and remedies are under scrutiny in the United Kingdom. This article examines some of the proposed changes in this area including the availability of injunctions, pre-publication notification, levels of damage awards, opportunities for alternative dispute resolution, conditional fee agreements/success fees, and potential global solutions that may have an impact on the United States. The article argues that due to the nature of privacy claims initiated from information on the Internet, damage fee levels should be increased as well as the use of mediation and conditional fee agreements.