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Implications of GDPR & CCPA on Public Records

This article discusses the importance of securing a safe harbor for court records through reviewing an illustrative example of how a European Union (EU) citizen was able to force U.S. legal technology companies to remove and alter court records using GDPR.

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In the brave new world of the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), staking out a safe harbor for republishing and retaining publicly available court records is critical for protecting the public’s right to know the law and preventing criminals from hiding their crimes. Contrasted with GDPR, CCPA sets a crucial distinction between personal information and publicly available information obtained from government records, setting a workable balance between consumer privacy protections and the public’s right to know and access public records.

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