Rule 12 - Electronic-data-dissemination Contract(a) Request for Access. A public-purpose agency may seek access to nonpublic, judicial-branch, electronic-case-record information. The public-purpose agency must identify the information requested and the proposed use of the information. In reviewing the request, the Court Administrator will consider: (1) the extent to which access will result in efficiencies in the operation of a court or courts; (2) the extent to which access will enable the fulfillment of a legislative mandate; (3) the extent to which access will result in efficiencies in other parts of the justice system or in the delivery of human or educational services; (4) the extent of the need for the information; (5) the risk that the information will be misused for purposes other than those intended; and (6) the methods that will be used to ensure the security and confidentiality of the data.(b)Granting of Access; Contract. If the Court Administrator decides to grant access, it will be authorized only pursuant to an electronic-data-dissemination contract between the Court Administrator and the agency. At a minimum, the contract must: (1) specify the data to which access is granted; (2) specify the uses which the agency may make of the data; and (3) include the agency's agreement that its employees will access the data only for the uses specified and maintain its confidentiality as to third parties. Violation of the terms of a contract, including using data in an unauthorized manner, will be grounds for termination of the agreement.(c)Term and Renewal. Electronic-data-dissemination contracts must have a specific term and a fixed date of expiration, subject to renewal upon the Court Administrator's consideration of the criteria set forth in subdivision (a).(d)Limits. This section does not authorize exceptions from the exceptions to public access provided in Rule 6. However, the Court Administrator may provide a public-purpose agency access to nonpublic records upon a finding that the agency has a specific right of access under Rule 5.Vt. Pub. Access Ct. R. 12
Amended May 1, 2019, eff. 7/1/2019.Reporter's Notes
Rule 12 is adopted from Rule 6 of the Rules Governing Dissemination of Electronic Case Records. The former rule is reorganized into four subsections.