Manatee sets up e-access to court records pilot program: court expresses concern about balancing access and privacy.

Manatee County Clerk of Circuit Court R.B. "Chips" Shore made an offer the Florida Supreme Court could not refuse.

This pioneer in paperless courts will conduct a one-year pilot program for electronic access to court records, using firsthand experience he's gained for a dozen years. Meanwhile, the court took a cautious approach, ordering a "modified limited moratorium" until further review by July 1, 2007, and until permanent procedures are put in place to protect privacy.

"Two competing yet important values must be balanced in any responsible set of policies: openness and transparency in court records, on the one hand, and individual privacy, on the other hand. Any viable policy must balance these two vital principles," Justice Barbara Pariente and Chief Justice-elect Fred Lewis wrote in their June 30 administrative order that partially implements the Report and Recommendations of the Committee on Privacy and Court Records.

Shore, who was not a member of the committee chaired by Jon Mills, director of the Center for Government Responsibility at the University of Florida and former House speaker, nonetheless made known his objections on what he viewed as an overly timid approach and suggestions on how to balance access and privacy concerns in letters to the court and appearances during invitations for public comment.

In his latest May 10 letter to Pariente, Shore wrote: "In its infancy, electronic access to court records seemed to be an uncomplicated issue. After years of experience, I now recognize it to be one of the more intricate matters the court has addressed. I truly believe, however, that meaningful electronic public access serves to bolster the public's understanding and respect for the court system if it is done in a safe and secure manner."

The key, Shore said, is "the ability of the clerk's office to identify and to protect confidential information. Because my office already has this ability, I am requesting that the court grant me an exception to the moratorium to allow my office to serve as a pilot for providing subscriber-based access to images of non-confidential court records."

That request was granted in the administrative order (No. AOSC06-20) and the court will review Shore's pilot as a potential model for statewide electronic access to court records.

"I am very proud that the court selected my office to assist the court in protecting the public's personal information while ensuring that our courts are open to public...