Anonymization Orders and Open Justice

The case of Peepenbroke revolves around the Employment Appeal Tribunal's authority to grant anonymization orders for non-parties, a power that, although not explicitly stated, has been supported through case law. This situation highlights the tension between individual rights and the principle of open justice, which maintains that court proceedings should generally be public to prevent abuses of power. The discussion emphasizes that while open justice is crucial for ensuring transparency in legal proceedings, there are scenarios where anonymization may be warranted to protect individuals’ privacy rights under Article 8 of the European Convention on Human Rights. The balance between these opposing forces is nuanced and requires careful consideration of the potential harms involved in publicly naming individuals in sensitive legal contexts.