Digital-justice tools could harm people's rights, EU agency warns

The European Union Agency for Fundamental Rights (FRA) released a report on Thursday (13 November), outlining how member states should manage integrating digital tools into their justice systems while maintaining fundamental rights.

In its Digitalising Justice report, the researchers examined digital tools used in seven member states and interviewed 200 experts currently using digital justice tools, finding positive use cases for digital technology to improve justice processes.

However, the FRA still sees room for improvement to protect citizens' rights. The report found that when digital tools are developed without properly integrating fundamental rights, they can harm rights in justice settings, undermining fair trial and non-discrimination protections

“Digitalisation holds great promise for justice systems. It can make justice faster, easier and more accessible. But to truly harness its benefits, we must carefully assess its full impact on fundamental rights,” said the FRA’s director, Sirpa Rautio 

The tools currently used in the seven member states include electronic case-management systems, information-access tools, teleconferencing, and AI-driven transcription and anonymisation, and they all have pros and cons.  

For example, electronic case management streamlines processing and communication, freeing up more time for important work.

But a digital case system complicates privacy because it establishes a database of highly sensitive information that could be breached, and can lead to discrimination against individuals who might not have the required documentation to access their own information.

The FRA recommends that to implement these systems properly, authorities should systematically analyse the possible risks while consulting with diverse stakeholders during implementation, ensuring that the tools are, at a minimum, nondiscriminatory and do not impede the right to a fair trial.

Court systems should also train employees beyond just how the technology works, specifically on how to use the digital tools to protect rights.

And to help citizens navigate digitalisation, the FRA also recommends developing easily accessible technology, engaging in community outreach, and maintaining non-digital methods.

Rautio added: “We must also bridge the digital divides and ensure access to justice for all, so that no one is left behind.”

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