Rikostuomioiden julkaiseminen avoimesti kaikkien saataville – Avoimen datan lisäämisen ja julkisuuden toteuttamisen haasteet
Avainsanat:julkisuusperiaate, avoin data, tietosuoja, henkilötietojen suoja, yksyityisyyden suoja, rikosoikeus, rikosprosessi
Publishing criminal judgements as open data – The challenges of
increasing access to public sector information and open data
The EU directive on open data and the re-use of public sector information (Open data directive, 2019/1024) along with several European policy documents and action plans require that the public sector information is published as open data as far as the general data protection regulation (GDPR, 2016/679) allows. The goal is to increase the availability of public data as well as increase business
opportunities by encouraging the dissemination of data. In this article, I examine whether the Finnish lower court judgements in criminal matters could be published as open data. In Finland, an AI tool has been created to automatically pseudonymise court decisions, hence, make the publishing process easier and quicker. However, I argue that the tool does not considerably help the
pseudonymisation process, since it only conceals the names of the parties and the names of the places in the documents. In the court decisions there are usually also other kinds of sensitive and personal data that should be concealed before publishing the documents. Moreover, as the goals and means of publishing open data differ from those of ensuring the more traditional public access to documents, the requirement of publishing the court decisions as open data can end up limiting the amount of public information available.