Taiwan’s open judgment dilemma in the digital age: the erosion of practical obscurity and its collateral consequences

ABSTRACT ‘Publicity is the very soul of justice’, Jeremy Bentham famously asserted—a principle of transparency that continues underpin modern discourses on due process, public trust, legitimacy, and accountability of the judiciary. Taiwan embraces this principle by requiring indefinite online publication of court judgments, even for unprosecuted, unadjudicated cases, acquittals, or dismissals. While this offers value to jurists, businesses, and the public, it raises serious concerns for individuals named in these records. Due to Taiwan’s jurisdiction size and language, online court decisions often allow identification despite some redactions for privacy. This can lead to reputational harm, safety risks, discrimination, and misuse of information for threats or coercion. Taiwan’s open judgment practices have eroded practical obscurity and heightened these collateral consequences in the digital age. This paper explores these impacts and proposes context-sensitive reforms aimed at achieving a better balance between transparency and privacy.