| Summary: | The principle of open justice is a constituent element of the rule of law: it
demands publicity of legal proceedings, including the publication of
judgments. Since 2017, the UK government has systematically published first
instance Employment Tribunal decisions in an online repository. Whilst a
veritable treasure trove for researchers and policy makers, the database also
has darker potential – from automating blacklisting to creating new and
systemic barriers to access to justice. Our scrutiny of existing legal
safeguards, from anonymity orders to equality law and data protection, finds
a number of gaps, which threaten to make the principle of open justice as
embodied in the current publication regime inimical to equal access to justice.
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