November 21, 2008

Guest article: the public’s right to know vs. individual’s right to privacy

My friend Lavilla Capener is a budding journalist student at the University of Wisconsin Madison. She recently had an feature article published online regarding privacy rights, discrimination, and Wisconsin Circuit Court Access (CCAP). I think the article is very well written, and thought my blog readers would find it interesting as well. Below is an excerpt, along with a link to the full article.

Nice job Lavilla!

Online court records raise new questions about access and privacy

By Lavilla Capener

“Matt” could have been any college kid in Wisconsin. A shy honors student who enjoyed composing music and creative writing, Matt was three credits away from graduating from UW-Madison when he had his first manic episode in 2006.

Later diagnosed with bi-polar disorder, Matt sent out threatening e-mails to several professors and female students. As a result, Matt was charged with four disorderly conduct misdemeanors, was under restraining order and spent some time in jail. As Matt attempted to find a job after the episode, he discovered that employers did not want anything to do with him.

Although Matt’s mother knows it is illegal to discriminate based on convictions or pending court cases, she says she believes potential employers are checking her son’s record on Wisconsin’s online database, commonly referred to as CCAP, and not hiring him because of it.

“He’s a wonderful and gifted writer, but it will be difficult for him to get a job as a writer with this CCAP situation as it is,” said Matt’s mom, who asked that her family’s names not be used for this story. “He has this stigma now attached to his name.”

Matt’s cases are currently pending in Dane County Circuit Court. Meanwhile, he has yet to find stable employment. Matt currently works at Chrysalis, an organization that provides sheltered employment to people with mental illnesses.

Millions of people use the state’s online court records database every day without restriction to look up the records of their friends, neighbors and co-workers. But at what cost?

Before the Internet, a person had to physically visit a county courthouse to access court records to learn about the arrests or convictions of a neighbor, relative or teacher. Now, more than 3 million people a day view Wisconsin circuit court records online. This has ignited a debate about the precarious balance between the public’s right to know and an individual’s right to privacy, bringing out passionate opinions on all sides of the issue.

read more