Reusing magistrates’ identity data: what future for predictive justice? The French judge facing LegalTechs

The bill n° 2019-222 of March 23, 2019 of programming 2018-2022 and reform for justice introduces several novelties for legaltechs developing predictive analysis algorithms. Among these, the prohibition of the re-use of magistrates’ identity data in this context. We attempt to explain this apparently paradoxical choice in a text that provides for an obligation to publish court decisions. In this respect, we show the weight of the institutional conception of justice, while underlining the economic benefits attached to a greater predictability of decisions. On the basis of this observation, we propose anonymity conditions that are susceptible to reconcile the opportunity offered by the data industries in France (including for research purposes) and the economic benefits of predictive justice, with the specificities of the French justice system, in particular with regards to the need to protect judges.

>>> Read the position paper (in French)