CEPEJ Cyberjustice Glossary
The Glossary aims at a common understanding of technology terms used in the field of Cyberjustice and Artificial Intelligence (AI) in the judicial environment. It shall help judicial professionals to better understand relevant new technology and its implications they are increasingly confronted with.
Terms and their definitions are based on relevant CEPEJ and Council of Europe documents, as well as other relevant sources. Wherever possible, they are illustrated with a use case in the field of justice.
The glossary will be progressively updated according to new developments or reference documents. This update will be managed by the CEPEJ Working Group on Cyberjustice and AI (CEPEJ-GT-CYBERJUST). Translations mainly follow the Interactive Terminology for Europe (IATE).
Agile Software Development
Definition:
Iterative approach to project management and software development that helps organisations deliver value by working in small, but consumable, increments. It refers to a way to manage a project by breaking it up into several phases and involves constant collaboration with stakeholders and continuous improvement at every stage. The concept of agile or “agility” values outcomes and results over rules and procedures by responding to changes as necessary rather than following a pre-devised plan; by encouraging wider participation over retention of control by a small group, and by fostering self-organisation rather than centralised and hierarchical organisation.
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Algorithm
Definition:
Finite sequence of formal steps (logical operations and instructions) making it possible to obtain a result after the computation of the initial input of information following the steps. This sequence may be part of an automated execution process and draw on models designed through machine learning.
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Use case:
Algorithms are used as a method of implementation of "random case allocation to judges" functionality in Case Management Systems. Machine learning algorithms are implemented in any AI solutions deployed in the judiciary.
Anonymisation
Definition:
Method of processing personal data in order to completely and irreversibly prevent the identification of a natural or legal person from such data. Anonymisation implies that there is no longer any link between the information concerned and the person to whom it relates. Following this procedure, Identification becomes completely impossible. As the principles relating to data protection apply to all information relating to an identified or identifiable individual, they do not apply to anonymised data.
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Use case:
Some European judiciaries apply anonymisation of the parties’ personal data before publication of court decisions on the internet. Replacing the parties’ personal data with characters such as # makes it impossible to identify an individual in the anonymised data set or document. See also pseudonymisation, as another widely used technical measure for personal data protection.
Application Programming Interface (API)
Definition:
A Code that allows two seemingly unrelated software programs to communicate with each other.
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Use case:
APIs are applied for integration of diverse information systems used in the justice sector, including case management systems, electronic filing systems, court management systems, legal research databases, and law enforcement databases. The API enables software to access data, server software or other applications, creating a connection between disparate applications and eliminating the outdated manual transfer of information from one system to another.
Artificial Intelligence (AI) (system)
Definition:
Artificial intelligence (AI) means a machine-based system that for explicit or implicit objectives infers from the input it receives, how to generate outputs such as predictions, content, recommendations or decisions that may influence physical or virtual environments. Different artificial intelligence systems vary in their levels of autonomy and adaptiveness after deployment.
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Use case:
AI is applied in the judiciary for the Prediction of litigation outcomes, Online dispute resolution, Decision support and Decision making, Estimation of human and financial resources, Anonymisation, Categorisation and Summarisation of Case-Law, E-Filing, Information/Assistance services, Natural Language Processing/Speech to text conversion, etc. Use cases of the AI in the judiciary and legal tech are presented at the CEPEJ Resource Centre Cyberjustice and AI. Use cases can be searched by areas of application, implementation year, implementing authority, target audience, status, country and coverage.
Audio-conferencing
Definition:
System that uses technology, whether electronic or digital via the Internet, to facilitate a meeting, such as a court hearing, via audio.
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Use case:
Audio conferencing allows collaborators to communicate verbally in real-time without the use of continuously updated, shared imagery. It is mostly used in the judiciary for conducting court hearings, mediation sessions or alternative dispute resolution (ADR) processes remotely, giving witness testimonies, providing lawyer-client consultations, holding administrative meetings, performing inter-jurisdictional coordination, etc.
Authentication
Definition:
An electronic process that enables the electronic identification of a natural or legal person, or the origin and integrity of data in electronic form to be confirmed.
Use case:
Authentication is commonly used in various contexts, including computer security, access control systems, and online transactions. There are several methods of authentication, including passwords, biometric verification, security tokens, and digital signatures. Authentication enables organisations to keep their networks and applications secure by permitting only authenticated users or processes access to protected resources.
Bias
Definition:
AI bias, also called machine learning bias or algorithm bias, refers to the occurrence of biased results due to human biases that skew the original training data or AI algorithm—leading to distorted outputs and potentially harmful outcomes.
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Use case:
Large Language Models may amplify numerous existing societal problems and are particularly prone to discrimination and bias. Large models can generate contradictory or fictious answers, meaning their use in some industries could be dangerous without proper safeguards. Training datasets can contain biased or harmful content. Minimising unwanted bias in AI systems is a challenging goal, but its detection and treatment is possible. AI actors should, based on their roles, the context and their ability to act, apply a systematic risk management approach to each phase of the AI system life cycle on a continuous basis to address risks related to AI systems, including privacy, digital security, safety and bias.
Big Data
Definition:
Large sets of data from mixed sources (e.g. open data, proprietary data and commercially purchased data). For data derived from judicial activity, big data could be the combination of statistical data, records of business software connections (application logs), court decisions’ databases, etc.
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Use case:
In the judiciary big data could be the combination of statistical data, records of business software connections (application logs), court decisions’ databases that is leveraged by machine learning algorithms in an AI-based software applications. Big data can also be used to address potential problems of organisations, institutions or whole judiciary in novel ways.
Blockchain
Definition:
Distributed and secure ledger systems that can operate autonomously without the need for a central controlling or coordinating authority, eliminating the need for trust and intermediaries in the operations. These systems can allow certain operations to be carried out, such as a transfer of value or information, without any intervention from a trusted third party. This aspect of the blockchain technology, which renders the information secure and quasi-immutable without the need for a trusted third party, is of key interest in humanitarian and democracy-seeking contexts where governmental and non-governmental organisations may be lacking public trust, or trust in each other. Blockchains store data in a sequential record, in a network of nodes said to be secured by several layers of security, from the way the blocks of data are interlinked, to the redundancy and synchronisation of the network. Transparency is a key feature of blockchains that are fully public ledgers: any interested party is able to read the information in the ledger, as well as write new information into it subject to respecting the consensus protocol.
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Use case:
Blockchain can be used to timestamp and secure digital evidence, ensuring its integrity and preventing tampering. By storing evidence hashes on a distributed ledger, law enforcement agencies and courts can create an immutable record of the chain of custody, which enhances trust in the evidence presented during legal proceedings. Smart contracts, self-executing contracts with the terms of the agreement directly written into code, can automate and enforce legal agreements in a transparent and tamper-proof manner. Blockchain-based identity verification systems can provide secure and tamper-proof digital identities for individuals involved in legal proceedings, including parties, witnesses, etc. Blockchain can be used to create a decentralised and transparent registry of land and property ownership records. By recording property transactions on a blockchain ledger, governments can reduce the risk of fraud, disputes, and corruption associated with traditional paper-based land registries. Blockchain-based platforms can facilitate the provision of legal aid services and alternative dispute resolution mechanisms, such as arbitration and mediation.
Business Continuity Plan (BCP)
Definition:
Set of documents, instructions, and procedures which enable a business or institution to respond to accidents, disasters, emergencies, and/or threats without any stoppage or hindrance in its key operations.
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Use case:
A Business Continuity Plan is essential for e-Justice systems to ensure the uninterrupted delivery of judicial services, protect sensitive data, maintain public trust, and comply with legal requirements. It provides a structured approach to managing and mitigating the impact of disruptions, thereby safeguarding the integrity and functionality of the judicial system.
Case Management System (CMS)
Definition:
Electronic systems that support the administration of justice. They include automated mechanisms that: permit documents and evidence to be uploaded and provided to parties and the judge via e-filing, facilitate timetabling proceedings through scheduling tools, promote procedural compliance, including compliance monitoring; promote efficient allocation and management of court resources, including judicial workload.
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Use case:
Case management systems may be used by Courts and Tribunals to digitally organise the cases and their content, including access to evidence, decisions, sittings, applications, and other ancillary documents. These systems may assist the end users, such as the judiciary, lawyers and the public to access the cases and have complete visibility of a given case remotely. The purpose of a CMS is to support the collection, management, and delivery of information according to the law in respond to the users’ needs. From the service rendered by the first case management systems implemented by early adopters several decades ago at court level, to the newest generation of centralised information systems now available at a national scale, it is essential to consider the upgrade of any court information management ensuring functionalities promoting quality and accountability of the service provided.
Case Tracking System
Definition:
An electronic system that permits its user to obtain information concerning proceedings. Such information includes: the court identification number for each case, the names of parties to proceedings, details of legal representatives for the parties to proceedings; details of documents filed in the proceedings and of any orders or judgments made, and details of hearings listed and case progress.
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Use case:
Case tracking systems may be integrated in the Case management system to better assist the tracking of a case and give full visibility to the case details and developments.
Chatbot
Definition:
Conversational agent which converses with its user (for example, empathy robots used to help those who are ill, or automated conversation services in customer relations).
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Use case:
Chatbots can be set up in the judiciary to provide various existing sources of information using natural language to court users via web sites as well as inform litigants or support them in their legal proceedings. a litigant may be advised, by means of a virtual agent (chatbot), to opt for an alternative dispute settlement measure after a preliminary examination of the criteria entered by the litigant himself or herself, when visiting a court’s website or searching legal information online.
Cloud Computing
Definition:
A model for enabling on-demand network access to a shared pool of configurable computing capabilities or resources (e.g., networks, servers, storage, applications, and services) that can be rapidly provisioned and released with minimal management effort or service provider interaction.
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Use case:
The most common use of cloud computing in the justice sector is online collaboration tools such as Microsoft Teams, Cisco Webex, Google Meet, Zoom, Jitsi, etc. These Cloud-based collaboration or videoconferencing tools enable remote or hybrid hearings, seamless communication and information sharing among justice professionals, including judges, prosecutors, attorneys, etc. Cloud computing applications facilitate remote work of justice professionals from any location with internet connectivity. Cloud computing also offers robust disaster recovery solutions that ensure the continuity of operations in the event of natural disasters, cyber-attacks, or other emergencies. Overall, cloud computing presents opportunities for modernising and optimising various aspects of the justice system. However, it's essential to carefully evaluate cloud providers, implement robust security measures, and ensure compliance with relevant regulations to maximise the benefits of cloud computing while mitigating potential risks.
Cloud Storage
Definition:
Refers to offsite data centres that hold your data. These data centres are always on and connected so you’re able to access your documents and data anywhere as long as you have internet access.
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Use case:
Many legal departments use document management platforms for cloud storage in order to store their contracts, case documents, emails, and even videos. Examples of cloud storage: Google Drive, Microsoft OneDrive, Apple iCloud, Dropbox, pCloud. Cloud storage has several use cases in application management, data management, and business continuity. Cloud storage brings low cost, high durability, and extreme scale to data backup and recovery solutions. Storing sensitive data in the cloud can raise concerns about regulation and compliance, especially if this data is currently stored in compliant storage systems. The protection offered by the General Data Protection Regulation (GDPR) travels with the data, meaning that the rules protecting personal data continue to apply regardless of where the data lands. This also applies when data is transferred to a public cloud storage provider hosting data in a country, which is not a member of the EU. The GDPR provides different tools to frame data transfers from the EU to a third country (Adequacy Decision - a third country may be declared as offering an adequate level of protection through a European Commission decision or in the absence of an Adequacy Decision, a transfer can take place through the provision of appropriate safeguards and on condition that enforceable rights and effective legal remedies are available for individuals). Cloud data compliance controls are designed to ensure compliance with legislative and regulatory data protection requirements.
Cyberjustice
Definition:
Incorporation of technology into the justice system. It is broadly understood as grouping together all the situations in which the ICT and digital technologies are applied in the justice sector.
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Use case:
Applications of Cyberjustice can be grouped into four main categories: 1. access to justice, 2. communication between courts and professionals, 3. court administration and 4. direct assistance for the work of the judge and the registrar.
Cybersecurity
Definition:
The activity or process, ability or capability, or state whereby information and communications systems and the information contained therein are protected from and/or defended against damage, unauthorised use or modification, or exploitation. Strategy, policy, and standards regarding the security of and operations in cyberspace, and encompassing the full range of threat reduction, vulnerability reduction, deterrence, international engagement, incident response, resiliency, and recovery policies and activities, including computer network operations, information assurance, law enforcement, diplomacy, military, and intelligence missions as they relate to the security and stability of the global information and communications infrastructure.
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Data Annotation
Definition:
Process of attaching a set of descriptive information to data without any change to that data.
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Use case:
Typical use cases of data annotation in the judiciary are: - Automating the categorisation of judicial or legal documents - annotating large datasets of documents with tags that identify the type of document (e.g., court orders, pleadings, motions). This enables ML models to automatically classify new documents based on their content. - Automating the pseudonymisation of sensitive information in judicial or legal documents - annotating documents to identify and label sensitive information (e.g., personal data, confidential information) that needs to be redacted or pseudonymised. ML models use this annotated data to learn how to automatically detect and redact similar information in other documents.
Database
Definition:
“Container” that stores data such as numbers, dates or words, which can be reprocessed using a computer to produce information, for example, gathering and sorting numbers and names to form a directory.
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Use case:
A database stores the current data required to power a software application. Database is used for structured organisation and storage of data in different information systems applied in the judiciary such as case and records management systems, case law databases, criminal records, human resource management information systems, etc.
Data Lake
Definition:
A data lake stores current and historical structured and unstructured data from one or more systems in its raw form.
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Use case:
A data lake stores relational data from applications used in the judiciary (such as case management systems, case-law databases), and non-relational data from mobile apps, shared file folders and social media. Data lakes can store a wide range of data and electronic documents relevant to criminal investigations, including surveillance footage, forensic evidence, witness statements, and communication records.Data lakes enable policymakers in the judiciary to track key performance indicators (KPIs) such as case clearance rates, backlog rates, conviction rates, etc in order to assess the effectiveness of various interventions, identify areas for improvement, and allocate resources strategically to achieve better outcomes.
Data Science
Definition:
A large field that groups together mathematics, statistics, artificial intelligence, probabilities, data processing and data visualisation in order to gain understanding from a mixed set of data (images, sound, text, genome data, links between social networks, physical measurements, etc.).
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Use case:
Data science helps in streamlining case management, prioritising high-impact cases, predicting crimes, enhancing the prosecution's evidence assessment process, empowering policymakers to make evidence-based decisions and allocating resources more efficiently. Use of data science techniques on court activity data can help improve the efficiency of justice by making it possible, for example, to carry out quantitative and qualitative evaluations and to make projections (e.g. future human and budgetary resources).
Dataset
Definition:
Collection of data with a shared format.
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Use case:
Datasets can be used for validating or testing an AI model. In a machine learning context, datasets can also be used to train a machine learning algorithm. In the context of the judiciary, datasets are collections of structured or unstructured data that can be used for various analytical, research, and operational purposes. Below are examples of datasets that are relevant to the judiciary: - case law datasets - court records datasets - sentencing and judgements datasets - judicial performance datasets - crime datasets
Data Warehouse
Definition:
Large store of data accumulated from a wide range of sources within an organisation and used to guide management decisions. A data warehouse stores current and historical structured data from one or more systems (databases) in a predefined and fixed schema.
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Use case:
The data warehouse allows for the consolidation, analysis, and reporting of data, enabling better decision-making, policy formulation, and operational efficiency across the justice system. A justice sector data warehouse can integrate data from diverse sources, including courts, prosecutors' offices, correctional facilities, and probation offices. This integration allows for a comprehensive view of justice-related activities and trends. Unlike operational databases that focus on real-time data, a data warehouse stores historical data, enabling the analysis of trends over time. The data warehouse supports advanced analytics, including statistical analysis, predictive modelling, and data mining. These capabilities allow justice agencies to identify patterns, forecast outcomes, and generate detailed reports for decision-makers.
Deep Learning
Definition:
A method used in developing AI systems which involves processing data in ways inspired by how the human brain works.
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Use case:
Deep learning models can classify and organise large volumes of legal documents, including case files, court records, based on their content. NLP models (see Natural Language Processing) utilising deep learning can analyse legal texts to extract relevant information, identify key concepts, and summarise documents. Models can predict the likely outcome of a case based on historical data, helping lawyers assess the strengths and weaknesses of their cases. Deep learning can assist in determining appropriate sentencing by analysing past cases and suggesting sentencing ranges based on similar case characteristics. Deep learning-based translation services can provide real-time translations of legal documents and court proceedings, ensuring non-native speakers have access to justice. Speech-to-text models can transcribe court hearings and legal discussions accurately, aiding in record-keeping and accessibility. AI-powered chatbots can assist the public in navigating legal information, answering frequently asked questions, and guiding users through legal processes.
Digital Identity
Definition:
Representation of a natural or legal person. It can be used during interactions and transactions.
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Use case:
A digital identity provides citizens a single authentication method and access to all digital services provided by public administrations and accredited private entities. Digital identity in e-justice refers to the use of digital credentials and authentication methods to verify the identities of: - judicial office holders and other staff while using back office information systems such as Case Management System - citizens and authorised representatives of business entities using e-services such as e-filing. Individuals must go through a rigorous identity verification process when first registering for e-justice services.
Digitalisation
Definition:
Switchover to using and integration of digital technology and digitised information in order to improve existing processes and ways of working by making them simpler, faster, more efficient and/or more profitable.
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Use case:
Digitalisation refers to the process of converting existing processes and services from analog or manual formats to digital formats. Digitalisation primarily aims to make existing processes more efficient and faster by using digital tools. It involves incremental improvements rather than a complete overhaul of systems. Examples of digitalisation in the justice sector: - Digital Case Records: Converting paper-based case records into digital formats for easier storage, retrieval, and management. - Electronic Filing (e-Filing): Transitioning from paper-based filing to electronic submission of court documents. - Online Payments: Enabling online payment of court fees and fines instead of in-person transactions.
Digital Transformation
Definition:
Leveraging the opportunities offered by digital technologies in order to bring about a fundamental change in how a company does business or an institution operates.
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Use case:
Digital transformation is a broader, more comprehensive process that involves rethinking and redesigning the entire judicial system and its operations to leverage digital technologies. It is about creating a more integrated, innovative, and user-centric system that fundamentally changes how judicial services are delivered and experienced. Digital transformation involves a fundamental change in the way the judiciary operates, often involving cultural and organisational shifts. It encompasses the adoption of new technologies and approaches that redefine traditional processes. Examples of digital transformation initiatives in the justice sector: - Establishing systems for conducting court hearings entirely online, utilising video conferencing and other digital tools. - Using artificial intelligence to assist in harmonisation of case-law, case management, and even decision-making processes. - Creating platforms for resolving disputes online without the need for physical court appearances. - Building interconnected systems where various courts, prosecutors' offices, law enforcement, legal professionals and other stakeholders can collaborate and exchange information seamlessly using shared digital platforms and services.
E-discovery Or E-disclosure
Definition:
The disclosure of electronic documents in court proceedings. E-disclosure involves identifying, collecting, reviewing, and exchanging relevant electronic evidence in a structured and efficient manner.
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Use case:
E-disclosure or e-discovery may be used to identify key pieces of evidence that have been uploaded to the case management system by parties. This can better enable judges to identify and consider factual issues more efficiently. E-disclosure is often facilitated by digital technology, which helps manage large volumes of electronic data efficiently and assists in tasks such as data filtering, keyword searching, and document review. Effective e-disclosure practices are essential for modern litigation, as they help parties manage electronic evidence effectively, reduce costs, and streamline the judicial proceeding.
E-filing
Definition:
Technological solutions facilitating access to justice by establishing a digital channel that enables the interaction and exchange of data and e-documents between courts and court users and between courts and other Public Administrations.
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Use case:
E-Filing is an online tool, which permits parties and the lawyers to upload to the court and exchange digital versions of case documents and evidence. It is usually integrated with e-justice portal and case management system.
Electronic (digital) Certificate (e-certificate)
Definition:
Electronic file, issued by the certification authorities, that binds a public key with an identity and which is used for the following: to verify that a public key belongs to an individual, to authenticate the holder, to check a signature from this individual or to encrypt a message addressed to this individual.
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Use case:
Electronic/digital certificates issued by trust service providers authenticate the identity of individuals, organisations, and systems involved in electronic transactions within the judiciary. Electronic/digital certificates are also used to verify the validity of electronic signatures, establish secure communication channels and ensure the confidentiality and integrity of data exchanged between parties or domestic/cross-border e-justice information systems.
Electronic (digital) Signature (e-signature)
Definition:
Data in electronic form which is attached to or logically associated with other data in electronic form, and which is used by the signatory to sign and to guarantee the integrity of what has been signed.
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Use case:
Parties involved in legal proceedings can sign documents electronically, including pleadings, motions, affidavits. Electronically signed documents can then be submitted to courts via e-filing portals. Parties can use electronic signatures to execute consent agreements, settlements, and other legal documents without the need for physical presence or paper-based signatures. Judges can electronically sign court orders, judgments, and other official documents, ensuring their authenticity and legal validity.
Electronic Document (e-document)
Definition:
Any content stored in electronic form, in particular text or sound, visual or audio-visual recording.
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Use case:
Typical use of electronic documents in the judiciary: electronic document produced by judges and administrative staff and stored in the Case and Document Management Systems, electronic documents submitted by parties via e-filing service, electronic evidence presented in the courtroom, etc.
Electronic Evidence
Definition:
Any evidence derived from data contained in or produced by any device, the functioning of which depends on a software program or data stored on or transmitted over a computer system or network.
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Use case:
Electronic evidence can take various forms including email messages, SMS messages, social media posts, digital images and videos, audio recordings, computer files and documents, metadata, Internet browsing history, GPS location data, database records, application, database, network, operating system logs. For electronic evidence to be admissible in court, it must meet certain criteria, including relevance, authenticity, and reliability.
Electronic Identification (e-identification)
Definition:
The process of using person identification data in electronic form uniquely representing either a natural or legal person, or a natural person representing a legal person.
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Use case:
An electronic identification ("eID") is a digital solution for proof of identity of citizens or organisations. One form of electronic identification is an electronic identification card, which is a physical identity card that can be used for online and offline personal identification or authentication. Electronic ID cards are usually used as a means of identification in the process of online authentication to electronic services for citizens such as e-filing. eID cards can be also used by judges and administrative staff as a means of identification in the process of authentication to internal applications used in the judiciary such as case management systems.
End-to-end Encryption
Definition:
Method of secure communication which encrypts data at the point of origin in a network and decrypts it at the destination, thus preventing third parties from accessing the data during the transfer.
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Use case:
In the judiciary, end-to-end encryption is typically used: - to ensure that emails, messages, and video calls between legal professionals are secure from unauthorised access. - to ensure that sensitive data, such as evidence, testimonies, and judicial rulings, cannot be intercepted or tampered with during transmission or storage. - in video conferencing platforms to ensure that remote court proceedings are secure from unauthorised access or interception. - for securing access to and transactions within judicial databases and case management systems.
Foundation Model
Definition:
AI model, including when trained with a large amount of data using self-supervision at scale, that displays significant generality and is capable to competently perform a wide range of distinct tasks regardless of the way the model is placed on the market and that can be integrated into a variety of downstream systems or applications.
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Use case:
See use cases stated under Generative Artificial Intelligence or Large Language Model.
Generative Artifical Intelligence (AI)
Definition:
Software systems that communicate in natural language, able to give answers to relatively complex questions and can create content (provide a text, picture, or sound) following a formulated question or instructions (prompt).
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Use case:
Generative AI includes those AI tools able to both receive inputs and create outputs in natural language. Generative AI inputs may include a formulated question or instructions (prompt) and a context, a detailed description of the situation or role in which the generative AI tool is supposed to process the prompt. These tools include OpenAI ChatGPT, Copilot, Gemini, Bard, etc. Generative AI appears to provide good results within a clearly defined frame, such as: translation of texts, the generation of coherent (but not necessarily true) text, images or sounds, automatic summary of texts, semantic analysis and opinion detection, text mining and content access. Generative AI models can analyse legal documents to extract key information and generate summaries. Generative AI-powered virtual assistants can help streamline administrative tasks for legal professionals, such as scheduling appointments, managing documents, and drafting routine correspondence. CEPEJ-GT-CYBERJUST Information note - Use of Generative Artificial Intelligence (AI) by judicial professionals in a work-related context gives some preliminary thought to what judges and other public sector justice professionals can expect from the use of generative AI tools in a judicial context.
Human Rights By Design
Definition:
Approach that aims to fully integrate human rights considerations into the development of digital products, services, and technologies. It would need to ensure respect for human rights while at the same time supporting business needs, such as rapid product development and release cycles. It emphasises systematic and agile inclusion of human rights and ethical values throughout the entire technology design lifecycle, from project idea, requirements gathering, design, integration, demonstration, testing, all the way to market launch, also including any subsequent updates that such digital products, services, and technologies may be subject to.
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Use case:
Human Rights by design underlines the need to conduct human rights impact assessments (HRIAs) before an AI system is acquired, developed and/or deployed. HRIAs must have a broad enough scope to cover risks to all human rights and should not narrowly define the risks that are being assessed, as this is inconsistent with the principle that all rights are indivisible and interdependent. Public authorities should not procure or use AI systems from third parties in circumstances where they cannot carry out an effective HRIA, including because the commercial AI developer refuses to share relevant information about the system, and member states must ensure that all barriers to the effective functioning of HRIAs are overcome in their legal frameworks.
Hybrid Hearing
Definition:
A hearing where one or more of the participants (judge, parties, witnesses) take part while they are present in a physical court building. The other participants take part via either or both audio and videoconferencing.
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Use case:
Audio and videoconferencing are well-established means to conduct hearings irrespective of the subject matter. The Covid-19 pandemic has, however, significantly expanded the use of this technology. Their use has several potential benefits. They can reduce the cost and time taken to deal with proceedings. They can facilitate more efficient hearing scheduling, while eliminating travel and waiting times in court buildings. Hybrid hearings can also promote effective participation both by judges and parties. Specifically, where judges are concerned, they may help promote part-time and flexible working patterns. A vulnerable party, particularly in criminal or family proceedings, may, for instance, be able to take part effectively through attending remotely from their home or from another part of the court building. The same holds, more generally, for individuals with disabilities. Hybrid hearings can in this way promote procedural equality as well as access to justice generally.
Information System
Definition:
Technology systems used by justice sector organisations for electronic data processing, visualisation, storage and exchange.
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Use case:
Typical information systems deployed in the Justice sector are Case and Workflow Management Systems, Reporting and Statistics, Case-law databases, Videoconferencing systems, e-mail system, etc.
Interoperability
Definition:
Efficient and secure data and information exchanges among the information systems of justice sector organisations, as well as with other Public Administrations.
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Use case:
Interoperability in e-justice refers to the ability of different information systems and electronic services used in the justice sector to communicate, exchange data, and work together seamlessly. Interoperability enables the integration of diverse information systems used in the justice sector, including case management systems, electronic filing systems, law enforcement databases, etc. Interoperability facilitates cross-border cooperation and collaboration in e-justice initiatives, especially in the context of international legal proceedings, mutual legal assistance, and extradition requests. Examples of interoperability use cases in the justice sector: - Data exchange between prosecutor's and court's case management systems: Data about indictment entered in the Prosecutor's CMS is electronically transmitted and automatically registered by the Court CMS, instead of manually entering data by court clerks. - Data exchange between courts and prisons case management systems: Prison staff can receive electronic notification in the prison management system about new prisoner coming to serve sentence. Data on sentence is initially registered in the Courts CMS.
Judicial Support System
Definition:
An extension of the case management system, which provides judges with various means to promote the effective and practical management of proceedings, e.g. through assisting with the completion of documents, judgments, or orders or through promoting judicial awareness of upcoming procedural time limits.
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Use case:
Judicial support system also includes: - document automation using decision trees, - preparation of case documents using predefined templates that automatically populate data stored in the case management database such as case number, case parties, - notifying judges on the expiry of the procedural deadline or - any other functionality that provides assistance to judicial decision-making. In wider context, judicial support system can be any digital tool that supports the work of judiciary (case management system, case law database, videoconferencing, e-filing, learning management systems, etc.)
Large Language Model (LLM)
Definition:
Artificial intelligence tool that uses information from very large datasets to model the use of language and generate content in a human-like fashion.
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Use case:
Examples of LLMs include OpenAI’s GPT, Google’s PaLM 2 and Meta’s LLaMA. LLMs can be used in the justice sector for translation, legal research, anonymisation of text, legal chatbots/virtual assistants. LLMs can review large volumes of legal documents to identify relevant information, extract key clauses, and flag potential issues or discrepancies. LLMs can be used in legal education and training programs to simulate legal scenarios, generate practice questions, and provide feedback on students' legal writing and reasoning skills. LLMs can be integrated into case management systems to analyse and extract information from unstructured text data, such as court transcripts. This can enhance the organisation, searchability, and accessibility of case-related information for judges, prosecutors, lawyers, etc.
Legal Tech
Definition:
Companies using information technology in the field of law to offer innovative legal services. These companies are start-ups specialised in law. Other terms derived from business sectors have also appeared such as Fintechs for start-ups offering financial services and Medtechs in the medical field.
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Use case:
Such companies specialise for example in the design of new applications to legal professions, mainly lawyers, legal services and insurers, allowing in-depth access to judicial information and case law, its search and trend analysis.
Machine Learning
Definition:
Makes it possible to construct a mathematical model from data, incorporating a large number of variables that are not known in advance. The parameters are configured gradually during the learning phase, which uses training data sets to find and classify links. The different methods of machine learning are chosen by the designers depending on the nature of the tasks to be completed (grouping). These methods are usually classified into three categories: (human) supervised learning, unsupervised learning and reinforcement learning. These three categories group together different methods including neural networks, deep learning, etc.
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Use case:
Machine learning algorithms are used in specific AI use cases in the judiciary (such as Estimation of human and financial resources, Crime prediction, Investigation data analysis, Prediction of judicial decision, Analysis and Summarisation of Case-Law, Online dispute resolution, etc)
Machine Learning Model Training
Definition:
Process to determine or to improve the parameters of a machine learning model, based on a machine learning algorithm, by using training data.
Source:
Machine Readable
Definition:
Structuring of information, such as that in a document or, particularly a judgment, which is capable of being processed by a computer programme.
Source:
Use case:
Machine-readable documents (in XML, JSON or CSV format) allow for faster processing of legal paperwork, such as court filings, pleadings, and judgments. Automated systems can extract relevant information from these documents, reducing the time and resources required for manual data entry and processing. Machine-readable documents enable more effective search and retrieval of legal information and case-law. By publishing legal documents in machine-readable formats, courts can make legal information more readily available to the public. Machine-readable documents received from information systems outside of the judiciary (police, land registers, etc.) reduce administrative burdens and improve overall efficiency in the case resolution process.
Metadata
Definition:
Data that make it possible to define, contextualise or describe other data. In most of its computer uses, the meta prefix means “reference definition or description”. Metadata synthesise basic information about data, they facilitate the search and manipulation of particular data instances.
Source:
Use case:
The author, creation date, modification date and file size are examples of metadata related to file. Case number, assigned judge, case parties, case type are examples of metadata related to case files.
Microservices
Definition:
Architectural and organisational approach to software development where software is composed of small independent services that communicate over well-defined APIs.
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Use case:
Microservices architectures make applications easier to scale and faster to develop, enabling innovation and accelerating time-to-market for new features. With a microservices architecture, an application is built as independent components that run each application process as a service. These services communicate via a well-defined interface using lightweight APIs. Services are built for business capabilities and each service performs a single function. Because they are independently run, each service can be updated, deployed, and scaled to meet demand for specific functions of an application.
Multi-factor Authentication (MFA)
Definition:
Method of computer access control in which a user is only granted access after successfully presenting several separate pieces of evidence to an authentication mechanism.
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Use case:
Rather than just asking for a username and password, MFA requires one or more additional verification factors, which decreases the likelihood of a successful cyber-attack. Multi-Factor Authentication includes using a combination of at least two of the authentication methods listed below: - Answers to personal security questions - Password - One Time Password - Electronic certificates - Fingerprints, facial recognition or other Biometrics
Natural Language Processing (NLP)
Definition:
Information processing based upon natural language understanding and natural language generation. This encompasses natural language analysis and generation, with text or speech. By using NLP capabilities, computers can analyse text that is written in human language and identify concepts, entities, keywords, relations, emotions, sentiments, and other characteristics, allowing users to draw insights from content. With those capabilities, computers can also generate text or speech to communicate with users. Any system that takes natural language as input or output, in text or speech form, and is capable of processing it is using natural language processing components. An example of such a system is an automated booking system for a flight company, able to take calls from customers and book flights for them. Such a system needs a natural language understanding component, and a natural language generation component.
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Use case:
Natural language processing (NLP) and machine learning are the two techniques at the heart of processing judicial decisions using artificial intelligence. These techniques are recently intensively leveraged for case-law enhancement (finding search options to complement current keyword or full-text search) or anonymisation of judicial decisions. Natural language processing is also used for the speech-to-text conversion and translation services. NLP helps in analysing vast amounts of legal documents, such as case files, legislation, and legal precedents. It can automatically summarise lengthy documents, identify relevant laws, and extract critical information, which is especially useful for legal professionals to prepare for cases more efficiently.
Neurons/neural Network
Definition:
Neural networks are computing systems vaguely inspired by the biological neural networks that constitute animal brains. Such systems “learn” to perform tasks by considering examples, generally without being programmed with any task-specific rules. For example, in image recognition, they might learn to identify images that contain cats by analysing example images that have been manually labelled as “cat” or “no cat” and using the results to identify cats in other images. They do this without any prior knowledge about cats, e.g., that they have fur, tails, whiskers and cat-like faces. Instead, they automatically generate identifying characteristics from the learning material that they process. An ANN (Artificial Neural Network) is based on a collection of connected units or nodes called artificial neurons which loosely model the neurons in a biological brain. Each connection, like the synapses in a biological brain, can transmit a signal from one artificial neuron to another. An artificial neuron that receives a signal can process it and then signal additional artificial neurons connected to it. The original goal of the ANN approach was to solve problems in the same way that a human brain would. However, over time, attention moved to performing specific tasks, leading to deviations from biology.
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Use case:
Artificial neural networks have been used on a variety of tasks, including computer vision, speech recognition, image recognition, machine translation, social network filtering, playing board and video games and medical diagnosis. One of practical examples in the legal sector is Artificial intelligence by IBM Watson providing a service to the medical field and providing a search tool called “Ross”, presented as a virtual lawyer – Ross.
Online Alternative Dispute Resolution (online ADR)
Definition:
Mechanisms and tools used and deployed in an online context, either supported by technology or under a virtual computational environment to facilitate alternative dispute resolution. Online ADR refers to out-of-court dispute resolution processes occurring in an online environment.
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Use case:
Online ADR can involve different types of dispute resolution procedures, including mediation, conciliation, and negotiation. Online ADR platforms enable parties to submit their documents, evidence, and settlement proposals online, while a neutral mediator or arbitrator can review information and facilitate resolution through the platform. These platforms enable parties to engage in virtual negotiations or mediation sessions to explore settlement options.
Online Dispute Resolution (ODR)
Definition:
Any online information and communication technology (ICT) used by a court to resolve or assist in resolving a dispute.
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Use case:
Online dispute resolution portals are developed to help people without lawyers resolve certain types of disputes (small claims in civil matters, family law disputes, employment disputes, consumer disputes) quickly. These portals facilitate court users' access to simplified amicable and legal remedies to assert their rights and offer legal assistance, if needed. ODR platforms enable parties to submit their documents, evidence, and settlement proposals online, while a judge, a neutral mediator or arbitrator can review information, issue a binding decision or facilitate resolution through the platform. ODR enables parties to engage in virtual negotiations or mediation sessions to explore settlement options. Implementation of ODR also aims to improve the effectiveness of the proceedings by allowing parties to participate without being physically present in court and by streamlining the whole process as far as possible.
Open Data
Definition:
Information provided as structured data for public use. These data can be inexpensively re-used subject to the terms of a specific licence, which can, in particular, stipulate or prohibit certain purposes of re-use. Open data should not be confused with unitary public information available on websites, where the entire database cannot be downloaded (for example, a database of court decisions). Open data do not replace the mandatory publication of specific administrative or judicial decisions or measures already laid down by certain laws or regulations. Lastly, there is sometimes confusion between data (strictly speaking open data) and their processing methods (machine learning, data science) for different purposes (search engines, assistance in drafting documents, analysis of trends of decisions, predicting court decisions, etc.).
Source:
Use case:
Examples of judicial open data are anonymised court decision databases, legislation databases or judicial performance statistics in machine-readable format (XML or JSON).
Open Source Software
Definition:
Software for which the source code is available to everyone under an open-source license. The software can thereby be freely used and modified, as well as re-distributed in accordance with the license.
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Use case:
Few examples of open-source software leveraged in the justice sector: - Alfresco - Document Management platform - Moodle - Learning Management system - Open eCourts - electronic court filing and case management - Jitsi - video conferencing platform for remote court hearings and virtual proceedings.
Personal Data
Definition:
Any information relating to an identified or identifiable individual (“data subject”).
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Use case:
These include sensitive data relating to genetic data, biometric data uniquely identifying an individual, data relating to offences, criminal proceedings and convictions and related security measures, and any data for information they reveal on racial or ethnic origin, political opinions, trade union membership, religious or other beliefs, health or sex life.
Predictive Justice
Definition:
Systems that try to learn from large sources of information to identify patterns in case-law that could be used to visualise, simulate or predict new litigation outcomes.
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Use case:
The term “predictive” comes from applications in the field of natural science and statistics that make it possible to produce outcomes through inductive analysis. Concerning the use in the judicial environment, research is ongoing, and prototypes have been realised mainly at university level.
Predictive Policing
Definition:
Usage of mathematical, predictive and analytical techniques in law enforcement to identify the probability of potential criminal activity.
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Use case:
“Predictive policing” instruments are used with the aim to prevent certain types of offences with elements of regularity in their occurrence such as burglary, street violence, theft from/of vehicles. These tools calculate a probability where and when these offences could be committed and to reproduce this information on a geographical map in the form of hot spots that can be monitored in real time by police patrols. Most of the software used in this area is based on historical crime location evidence, such as police reports or application of smart city technologies. Predictive policing is highly controversial.
Processing Of Personal Data
Definition:
According to Article 2 of the revised Convention 108, “data processing” means any operation or set of operations performed on personal data, such as the collection, storage, preservation, alteration, retrieval, disclosure, making available, erasure, or destruction of, or the carrying out of logical and/or arithmetical operations on such data.
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Use case:
Examples of personal data processing in the justice and law enforcement sector: - Law enforcement agencies collect, and store personal data related to individuals who are arrested, including names, dates of birth, addresses, criminal charges, and biometrics like fingerprints and photographs. - Personal data from electronic surveillance, such as wiretaps, GPS tracking, and video surveillance, is processed for use in investigations and prosecutions. - Law enforcement agencies may process personal data related to individuals' online activities, such as social media posts, email communications, and browsing history, particularly in cases involving cybercrime or terrorism. - Personal data is processed when legal documents are filed with the court. This includes names, addresses and any other personal information relevant to the case. - Large volumes of personal data may be collected, processed, and shared between parties during civil litigations. This includes emails, contracts, financial records, and other documents relevant to the case.
Profiling
Definition:
Technique that consists of applying a “profile” to a natural person, in particular in order to make decisions about him or her or to analyse or predict personal preferences, behaviours and attitudes such as determining his/her performance at work, financial situation, health, preferences, lifestyle habits, etc.
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Use case:
"Profiling" may occur in different situations for different purposes and concern different types of data, such as traffic data and user queries on the Internet, consumer buying habits, activities, lifestyle and behaviour data concerning users of telecommunication devices including geo-location data, as well as data from social networks, video surveillance systems, biometric systems, etc. Mass dissemination of sensitive data contained in criminal matter court decisions would present serious profiling risks potentially leading to discrimination, and violation of human dignity. Another example is profiling of judges. It refers to the practice of analysing judges' backgrounds, previous rulings, and personal characteristics. It can be used by private companies and their lawyers, trying to predict a judge’s potential behaviour or decisions in future cases.
Pseudonymisation
Definition:
Processing of personal data in such a manner that they can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data are not attributed to an identified or identifiable natural person. Here, “processing” mainly consists of identification and alteration of data, which could potentially lead to re-identification.
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Use case:
Pseudonymisation is leveraged for reversible anonymisation of court decisions. It is a process in which information that relates to a particular person, for example, a name or email address, is changed to a number or name that has no meaning (pseudonym). Pseudonyms are kept separately from the original names (in separate database table). Technical measures such as data encryption are applied to protect link between pseudonym and original name. See also anonymisation, as another widely used technical measure for personal data protection.
Remote Hearing
Definition:
A hearing that is held via audio or videoconferencing where none of the participants (but the judge or court clerk) are present in a physical court building during the hearing.
Source:
Use case:
See use cases stated under Hybrid hearing.
Smart Contract
Definition:
Computer protocol based on blockchain technology that facilitates automatic execution of digital transactions under previously agreed-upon stipulations or terms.
Source:
Use case:
Smart contracts are neither smart nor contracts, and can only read from, and write to, the blockchain. Smart contracts leverage blockchain technology to ensure security and track changes, as a result, they are most used in cryptocurrency transactions. Smart contracts are not widely adopted by legal departments at the moment.
Social Media
Definition:
Forms of electronic communication (such as websites for social networking and microblogging) through which users create online communities to share information, ideas, personal messages, and other content (such as videos).
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Use case:
Examples of widespread social media, also in the communication of courts with the general public, are Facebook, X (former Twitter), LinkedIn, WhatsApp.
Structured Data
Definition:
Information organised in a predefined structure (format) that facilitates reliable and efficient input, querying and modification of data.
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Use case:
Examples of structured data in e-justice include relational databases of the records and case management systems, human resource management systems, etc. Structured data is particularly useful when dealing with discrete, numeric data. Examples of this type of data include statistical reports on the performance of the judiciary. Structured data is also used where records with multiple, short-entry text, numeric, and enumerated fields are required, such as case records, HR records. It is easier to organise, clean, search, and analyse structured than unstructured data. When data is strictly formatted, you can use programming logic to search for and locate specific data entries, as well as create, delete, or edit entries. Automating data management and analysis of structured data is more efficient. Structured data allows enforcement of data integrity and facilitation of machine readability (other examples of structured data include XML and Json formats, for instance) and interoperability.
Supportive (or Assistive) AI
Definition:
The use of AI to support case management and judicial decision-making by providing real-time information and suggestions.
Source:
Use case:
All forms of AI that are supporting a judge in specific steps of the decision-making process. For example, helping in the work organisation, summarising texts/applications, transcription of hearings; identifying and isolating specific information in the application etc.
Training Data
Definition:
Data used to train a machine learning model.
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Trust Service
Definition:
An electronic service which consists of a) the creation, verification and validation of electronic signatures, electronic seals or electronic time stamps, electronic registered delivery services and certificates related to those services; b) the creation, verification and validation of certificates for website authentication; or c) the preservation of electronic signatures, seals or certificates related to those services.
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Use case:
Trust services enable the use of electronic signatures for signing legal documents, pleadings, and court orders. Electronic signatures provide a secure and legally binding method of authentication, ensuring the integrity and authenticity of electronic documents in legal proceedings. Digital certificates issued by trust service providers authenticate the identity of individuals, organisations, and systems involved in electronic transactions within the judiciary. Digital certificates are used to verify the validity of electronic signatures, establish secure communication channels (VPNs and encrypted emails), and ensure the confidentiality and integrity of sensitive information exchanged between judges, prosecutors, police, attorneys, litigants, and other stakeholders in the judiciary as well as data exchanged between parties or domestic/cross-border e-justice information systems. Electronic timestamps record the exact date and time when electronic documents are signed or submitted. Electronic seals are used by courts and governmental agencies to authenticate official documents and attest to their origin and integrity. Trust services offer mechanisms for preserving electronic evidence, ensuring its integrity and admissibility in legal proceedings. Digital preservation techniques, such as cryptographic hashing and digital signatures, are used to protect electronic evidence from tampering or unauthorised alteration. See also a trust service provider.
Unstructured Data
Definition:
Information that either does not have a pre-defined data structure (format) or is not organised in a pre-defined manner.
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Use case:
Unstructured data is used when a record is required, and the data cannot be structured. The prescribed format of unstructured data might be as simple as requiring all court hearing recordings to be in MPEG format, or that all system events must be collected in a certain store. Examples of unstructured data stores in the judiciary include file systems containing audio/video recordings of court hearings, digital evidence, social media posts, computer system logs, etc. Unstructured data does not have predefined attributes which makes it more difficult to search and organise. Typically, unstructured data requires complex algorithms to preprocess, manipulate, and analyse. Specifically designed tools that use artificial intelligence (AI) can extract information from unstructured data.
Use Case
Definition:
Description of a scenario on how users will perform certain tasks on a computer system.
Source:
Use case:
Examples of use cases related to case management: - A lawyer or individual files a new case with the court - Court staff records basic data during initial case registration - A judge manages courtroom activities during a trial - Notify parties of upcoming court dates or required actions - A judge issues a judgment or order in a case - Sharing case information with law enforcement, corrections, or other legal entities.
Videoconferencing
Definition:
System that uses technology that provides for the simultaneous transmission of audio and of visual images of individuals for the purposes of synchronous communication.
Source:
Use case:
Videoconferencing is nowadays widely used in the judiciary for conducting court hearings, mediation sessions or alternative dispute resolution (ADR) processes remotely, giving witness testimonies, providing lawyer-client consultations, holding administrative meetings, performing inter-jurisdictional coordination or in judicial trainings.
Virtual Private Network (VPN)
Definition:
Secured network connection architecture which enables remote computers to connect to private network(s) even over insecure connections.
Source:
Use case:
VPNs facilitate secure communication and data exchange between different locations of judicial institutions within a jurisdiction or in cross-border/international legal assistance. Judges, lawyers, clerks, and other legal professionals can securely access the e-justice systems from remote locations using VPN technology, enabling flexible work arrangements without compromising security. VPNs provide end-to-end encryption, safeguarding confidential legal documents, communications, and personal data from potential cyber threats. By using VPNs, e-justice systems can reduce the need for expensive dedicated private networks while still maintaining high security standards.
- Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (CETS No. 108)
- Council of Europe Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS No. 225)
- Recommendation Rec(2003)14 of the Committee of Ministers to member states on the interoperability of information systems in the justice sector
- Guidelines of the Committee of Ministers of the Council of Europe on electronic evidence in civil and administrative proceedings (CDCJ)
- Guidelines of the Committee of Ministers of the Council of Europe on online dispute resolution mechanisms in civil and administrative court proceedings (CDCJ)
- CCJE Opinion No. 25 (2022) on freedom of expression of judges
- CCJE Opinion No. 26 (2023): Moving forward: the use of assistive technology in the judiciary
- CEPEJ European Ethical Charter on the use of artificial intelligence (AI) in judicial systems and their environment
- CEPEJ Guidelines on electronic court filing (e-filing) and digitalisation of courts
- CEPEJ Guidelines on online alternative dispute resolution
- CEPEJ Toolkit for the implementation of the Guidelines on Cyberjustice
- CEPEJ-GT-CYBERJUST Information note - Use of Generative Artificial Intelligence (AI) by judicial professionals in a work related context
- IATE
- ISO/IEC 22989 Information technology — Artificial intelligence — Artificial intelligence concepts and terminology
- Large language models and generative AI, HOUSE OF LORDS, Communications and Digital Committee, February 2024
- LEXRATIO.EU
- NATIONAL INITIATIVE FOR CYBERSECURITY CAREERS AND STUDIES: A Glossary of Common Cybersecurity Words and Phrases
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