by Curlan Campbell
- E-Litigation Portal (ELP) allows for integrated e-filing and case management web-based applications accessible to court users
- Cyber threats and cyberattacks can disrupt computer information systems, networks and infrastructure
- Attorney General cited paperless systems in Parliament and Cabinet
The Eastern Caribbean Supreme Court (ECSC) continues to push for a ‘paperless court’ post-Covid-19, and the accelerated adoption of digital technology within the courtroom has significantly improved the dispensation of justice. However, in his address to Her Ladyship Chief Justice of the ECSC Dame Janice Mesadis Pereira DBE last Friday, Acting President of the Grenada Bar Association Francis Paul warned of the significant threat that cyberattacks can pose in jeopardising sensitive court data that hackers can use to extort ransom payments.
Attorney Paul referred to the ECSC’s E-Litigation Portal (ELP), which allows for integrated e-filing and case management web-based applications accessible to court users. During his speech at the traditional ceremonial opening of the new law year, Paul indicated that while there has not been an attempt, the likelihood of cyberattacks is a real possibility.
This type of cyberattack, referred to as ransomware, is described as malware that encrypts a victim’s electronic data and files, preventing access and rendering them inaccessible. In most cases, hackers will demand a ransom payment to release said data and files back to its victims.
“As we embrace the technological advancement of the court, particularly creating the paperless trail, we have to be mindful of the lurking presence of cyber threats and cyberattacks, which can disrupt the computer information system, computer networks and infrastructure,” Paul said.
Around 236.1 million ransomware attacks occurred globally in the first half of 2022, according to the 2023 Cyber Crime Statistics.
Paul indicated that, for the most part, this ease of access through reliance on technology is a plus, but having good security to protect the court’s data is also essential. “We, as attorneys and colleagues, must sensitise ourselves on cyber attacks and cyber security to protect our data, and the data of our clients since most of the information of our clients may be in cyberspace on the litigation portal.”
Paul lamented the current understaffing situation at the Supreme Court Registry and pointed to a possible solution that the ECSC can spearhead. “There is just not enough personnel to ensure that innovations are realised. Therefore, urging governments and the executive, particularly here in Grenada, to ensure that the Supreme Court registry and the court offices are adequately and competently staffed so that the court can function efficiently; maybe I can be so bold even to suggest that the Eastern Caribbean Supreme Court be given the autonomy to fully manage and determine staffing at the registry and court offices,” he said.
The need for digitally driven courts remains critical to the administration of justice, and Dame Janice, in her address, outlined the pros and cons of the inevitable integration of artificial intelligence (AI) into the courtroom. Grenada’s Attorney General and Minister for Legal Affairs, Labour and Consumer Affairs Claudette Joseph cited her government’s initiatives to implement a paperless system in Parliament and Cabinet. “Moving the operations of the court to a digital platform also synchronises well with the thrust in the other arms of government to go paperless. For instance, in Grenada, we operate a paperless Parliament and a paperless Cabinet. So it is in order that the other arm of the state must go paperless as well,” she said.