Introduction
Data mining and AI are increasingly becoming an integral part of the legal profession.
Searching precedent and statutes is now done in a few seconds and most legal documents are available in standard format instantaneously.
There seems to be no reason to question the advantages of such technology.
Technology does however pose major challenges to our justice system in several regards.
This article will discuss the recent French law on “legal analytics” (i.e. technology enabled profiling of judges).
Such profiles are meant to identify personal predilections and preferences (maybe even bias).
The French legislator recently decided to prohibit the use of these technologies in and for the courtroom.
After a presentation of the law, the discussion will cover the following topics:
The judge as an institution, its legislative and cultural background (a)
Forum Shopping, (b)
Disciplinary and Penal Oversight, (c)
Invasion of Privacy, (d)
Human Rights, (e)
Extraterritoriality, (f)
Compatibility with EU law, (g)
Derogations from the GDPR (h) and
The slippery slope theory (i), and finally a conclusion on the more general question of technology in the justice system.
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