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Statement of the Commission on Human Rights supporting the Judiciary’s electronic filing for civil cases in trial courts

The Commission on Human Rights (CHR) strongly supports the Supreme Court’s (SC) initiative to transition towards electronic filing for civil cases in trial courts.

Supreme Court (SC) Spokesperson Camille Ting announced in a press conference that “starting 01 September 2024, trial courts shall only act upon pleadings and other court submissions in civil cases if the filing is accompanied by an electronic transmittal of the same document in PDF format through email. Electronic submissions must be completed within 24 hours of the primary manner of service, which includes personal filing, registered mail, or accredited courier.”

The Commission recognizes the potential benefits of digitalisation, particularly in streamlining court proceedings and reducing the physical and financial burdens associated with traditional filing methods. Additionally, the shift to electronic filing can democratise access to justice by making legal processes more accessible, especially for individuals and communities in remote or underserved areas.

However, while digitalisation offers significant advantages in filing cases, the CHR emphasizes the need for inclusivity in this transition. The right to access justice should not be compromised for those who may face challenges in adapting to electronic filing. We advocate for continuous dialogue and consultation with all stakeholders to ensure that this shift does not inadvertently exclude any sector of society.

Moreover, the Commission underscores the importance of safeguarding the privacy rights of the public. As the judiciary moves towards digital platforms, the protection of personal data and the right to privacy must be paramount. The Data Privacy Act of 2012 mandates that all personal information controllers, including judicial bodies, ensure the security and confidentiality of personal data collected, stored, and processed. This also aligns with Article 17 of the International Covenant on Civil and Political Rights (ICCPR), which protects individuals from arbitrary or unlawful interference with their privacy.

We commend the SC for its assurance that robust cybersecurity measures are in place to protect sensitive information from unauthorized access and breaches. The Commission believes that these protections and safeguards must remain adaptive and responsive to emerging cyber threats to maintain public trust in the judiciary’s digital systems. ###

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