How can we build a Data Commons for Law?
By Margaret Hagan, Jameson Dempsey & Jorge Gabriel Jiménez
[This is Part 3 of 3. You can read part one on why we need a Legal Data Commons here and the key models for a Legal Data Commons.]
How might we harness available data from legal aid organizations, courts, legal technology companies, and others to enable research and development that promotes access to justice?
In our first post, we proposed to build a “Legal Data Commons” to achieve that goal. In our second article, we summarized the different models to share legal data, and in this post, we will mention what is needed to build a legal data commons and how can people involve.
Our Stanford group of the Legal Design Lab and Codex is proposing a Data Commons for Law and is seeking out people and organizations who would like to work with us on making this a reality. Let us know your interest in the project, what kinds of expertise, work, or data you might be interested in contributing, and other thoughts! Fill this form to let us know.
What is needed to build a legal data commons?
A properly designed data commons for the law could have a direct impact to enhance access to justice. These are some of the requirements:
- Data sharing agreements with legal data contributors. As a first step, it is necessary to have sharing agreements with legal data contributors, including courts, legal aid organizations, and legal tech companies.
- Sustainability plan. To be successful, a Legal Data Commons must have a robust sustainability plan that addresses how the commons will be financed and supported from year to year.
- Legal and technical infrastructure. Creating a data commons involves designing the governance structure, operating plan, and protection provisions of individuals.
- Populate the commons. Facilitate the data providers to get the data into the data commons.
- Interoperate with other commons. Interoperate with other commons that can accelerate the research on access to justice.
- Model and build intelligent systems. Support the development of intelligent systems or applications that could be useful in terms of addressing access to justice problems.
How do we get there? Concrete next steps for stakeholders.
In this section, we identify practical first steps to help establish a data sharing structure. Creating a formal structure always involves the participation of different stakeholders, including possible data contributors, future users, and data service providers. What can each of the stakeholders do to make this project a reality?
I have data to contribute to the commons.
We are looking for contributors from legal aid groups, courts, legal technology startups and other holders of legal data. If you have — or think you might have — data to contribute, we would love to hear from you. Consider the following next steps:
- Identify datasets to share. Assemble a team to take an inventory of legal data that you have that could aid research & development and advance access to justice. Then construct an inventory of datasets that you would be willing to share with the commons.
- Consider how to protect personal information. Consider in advance any steps that would need to be taken to protect personal information in your data set, including whether data must be de-identified before sharing.
- Contact us to explore how to share data. Contact the Legal Data Commons team to discuss data that you may want to share and how best to contribute it to the commons.
If you are a data holder who is already sharing your data, we would like to know your story to raise awareness about the importance of sharing legal data to enhance access to justice.
I want to use legal data for R&D.
We are looking for users or future users legal data for access to justice research, interventions or applications. If you are a current or potential user of legal data, consider the following next steps:
- Share your data experience. How are you using legal data (or other related data) today? What are some positive outcomes you have experienced? What roadblocks have you faced in accessing data that might be better addressed through a data commons?
- Tell us what legal data you would like (and for what purpose). What types of legal data would you like to use that is not currently accessible? What are some potential useful sources of legal data that are likely to contribute to the commons? For what purposes and use cases would you like to use legal data that we may permit through a legal data commons? How can we connect data contributors and data users?
By sharing your experiences and intended uses, we can tailor the data commons to address the widest array of needs, adopting best practices while attempting to overcome or avoid challenges that other data commons have faced.
I want to help create the legal/technical infrastructure for the commons.
Any person who thinks that this project should happen could help to take it to the next level. As concrete next steps, you could:
- Join a working group. If you are a student, an advocate or an expert on data or data sharing you could join the working group we are establishing to discuss the opportunities, challenges, and requirements surrounding the creation of a legal data commons. This includes how to curate the data, clean it, prepare the contracts and assessments, and build an anonymization tool.
- Offer technical infrastructure. A data commons requires technical infrastructure, including server space and software. If you have access to free or affordable technical infrastructure, we would like to hear from you!
- Assist with the legal infrastructure of the legal data commons. As discussed above, a data commons requires both technical infrastructure and legal infrastructure, including model data sharing agreements, data use agreements, privacy policies, and other forms, as well as an overall governance structure that promotes sharing, access, and sustainability, while mitigating against legal risks. If you can help create the legal infrastructure for the legal data commons, or have experience working on past data commons, we would appreciate your insights and contributions.
In this brief, we have described the essential requirements and how a legal data commons could enhance access to justice. From the different data commons, we could learn that it is never a single organization the one who develops the entire project.
Generating a data commons requires a multi-stakeholders effort from universities, non-government organizations, at least one significant data contributor, and the support from one or more donors.
A properly designed data commons with a clear theory of change to enhance access to justice could be a powerful tool for a justice system change. Several sectors are already taking advantage of data commons. We believe investment in a Data Commons is a key infrastructure to allow access to justice innovation and better legal services to flourish.
