PAe - current situation and future of the open data in the area of justice
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Current situation and future of the open data in the area of justice

30 october 2017

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The portal Datos.gob analyzes the current situation and future prospects of the use of open data in the judicial area. A perfect opportunity for innovation in the provision of new advanced services, as well as a tool of legal security and fundamental rights.

One of the pioneers in the reuse of public sector information has been referred to the judicial investigation. Even prior to the emergence of the information and communication technologies, professionals of this area involved was already in the consultation of the repertoire in the jurisprudence issued by private entities.

This reality had had its own projection in the normative and case law, coming to become one of the most important matters on the reuse of public sector information. Under the Law 37/2007 of 16 november, on re-use of public Sector information (Opens in new window) , el Consejo General del Poder Judicial aprobó en 2010 un Regulation on reuse of judgments and decisions (Opens in new window) . Just a few months after the supreme court, through a judgement delivered on 28 october 2011, overturned the Rules of procedure and, since then, was not re-establish a specific framework. Beyond the controversial and discussions which gave rise to this judicial ruling — with an individual opinion of several judges — and of the policy reasons based, the truth is that there is a clear example of the complexity that underlies this Material scope and that, as it could not be otherwise, is projected on the potential for reuse information according to the parameters of the open data.

Thus, on the one hand, there is a plurality of actors involved, which ultimately makes it difficult to provide advanced services since the availability of data depends on multiple sources managed and diverse ways by subject also varied: judges and magistrates, the respective judicial government at various levels of authority and the ministry of justice and the autonomous communities concerned in the administration of justice with regard to the management of personal and material means, prosecution, Legal Profession … Moreover, despite the efforts made in recent years, the widespread use of electronic means both in management, procedural and also in relations with the parties and professionals, is still in an initial state that ultimately makes the accessibility of information in accordance with the requirements of the open data.

Access to judicial decisions

In any case, it should be remembered that accessibility of the full text of decisions (Opens in new window) through electronic means and for free is a reality for many years now, thanks to the momentum of the Judiciary decided through Judicial-CENDOJ documentation centre (Opens in new window) so that thanks to a powerful search engine can be found in a free decisions of the main Judicial bodies. Although, as reported in the terms of use of this service (Opens in new window) , access to such documents in this way Only permitted for particular being expressly prohibited their use for commercial purposes and, equally, the massive discharge resolutions. So that the re-use for commercial purposes requires the prior authorization through CENDOJ referred, according to conditions established by the Council of the judiciary.

Beyond conceptual interpretations about the name to use the truth is that the government opened in the field judicia l (Opens in new window) it is a growing demand at the societal level that is beginning to happen in a very prominent examples and is reflected in the efforts being made on leading research projects — both domestically and internationally — and has also been discussed in academic forums already from the realm of specific initiatives, one of the major challenges of the Strategic Agenda 2015/2020 of the high court of justice of the region of Murcia (Opens in new window) it is precisely the momentum of open data within the Axes To Open a judicial system. For its part, Portal of transparency of the judiciary (Opens in new window) it is also decisive impetus to facilitate access to relevant information that is, now has a comprehensive database (Opens in new window) free access to obtaining accurate information on the activity of each judicial body, including, you can download it in open formats. Also, as regards the open data, some autonomous communities provide automated access to data concerning the or official agencies which, furthermore, may also be displayed through geolocation systems.

In short, the momentum of the accessibility of judicial information according to the point of open data and, in particular, the way in which the rules are applied by the judicial bodies is not only an opportunity for innovation in the provision of new advanced services, but it is presented as a tool of legal security and fundamental rights. Moreover, taking into account the possibilities of incipient mode offers artificial intelligence, the big data and tools available for the advanced analysis of information, it seems that the predictability of the decisions of judicial bodies is a mere hypothesis in theory but could evolve into a genuine reality even in the short term.

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