“The Rise of Confidentiality” Review

• Cox, Dwayne. "The Rise of Confidentiality: State Courts on Access to Public Records During the Mid-twentieth Century," American Archivist 68 (2005): 313-322.

Dwayne Cox's article describes the gradual shift that occurred in American jurisprudence with regard to public records. This article was the second article on this topic that Cox has published in American Archivist. Prior to the late 1800s, America upheld the English common law tradition that stressed that access to public records was dependent upon demonstrating "a 'direct and tangible' interest in the information." American law shifted, though, as more and more people began to believe that access to these records was a right for citizens. As the push for access increased, more and more types of records were deemed confidential. Cox sets forth the history of legal cases regarding public records in the United States.

Several salient points emerge from Cox's article. The situation Cox describes seems to suggest that courts were more likely to say that businesses had a tangible interest than individuals. Of course, this would not be that surprising since businesses often have the extra money needed to pursue legal action. Cox notes that Kentucky was one of the most staunch adherents to the common law standard (It's just interesting to me because I live in Kentucky.) It also seems to me, from the article, that often the requirements for confidentiality were applied unevenly and often in defense of the government's interests, rather than the public's good, not that these two things have to be exclusive of one another. Finally, Cox notes that the laws that restrict access to records are often given names that stress the openness of records, which is a practice that he detests.