U.S. states disagree about online access to court records.

• Author: Swartz, Nikki
• Position: Up front: news, trends & analysis

In the debate over posting court and criminal records online, states and counties are taking sides. Some say courts should release everything for all to see. Others argue that posting such records online is acceptable only if they are edited to remove personally identifiable information such as birth date and Social Security number-data that is very helpful to identity thieves. Still others do not consider posting records online acceptable at all because it gives strangers open, quick access to individuals' personal records.

In February, the Maryland Court of Appeals adopted rules designed to provide the general public with wide access to state court records in both paper and electronic form. With the rules, which go into effect October 1, the court limited access to certain personal information, such as Social Security numbers. Representatives from the credit and data mining industries opposed restricting this information, arguing that such restrictions did not allow them access to accurate data for use in collecting outstanding debts, nor did it allow employers access to useful data for background checks. Privacy advocates, however, said the rules provide public access that is in the public interest.

Other states have taken similar steps. The New York State Court System's Commission on Public Access to Court Records recently issued recommendations that criminal and civil records be made available on the Internet over the next five years, with safeguards designed to protect individual privacy. For exam pie, cases related to matrimonial actions and sealed case files will not be available. Social Security numbers, financial account information, birth dates, and children's names will not be available either. Representatives for...