Piece it all together

Jigsaw identification poses a serious risk by combining harmless details that can unintentionally reveal protected identities, threatening privacy and confidentiality.

Jigsaw identification poses a particular risk in confidential legal proceedings such as mediation, arbitration, family law and child law cases. These areas of law often involve sensitive personal information, vulnerable individuals and disputes where privacy is paramount. While confidentiality rules are designed to protect the parties involved, jigsaw identification can sometimes lead to unintended disclosure, jeopardising the integrity of these processes and potentially harming those involved.

Mediation and arbitration

Mediation and arbitration are alternative dispute resolution (ADR) mechanisms where parties seek to resolve conflicts outside of formal court proceedings. These methods are often chosen for their confidentiality, allowing disputing parties to avoid public scrutiny while negotiating settlements or resolving disputes.

In arbitration, particularly in commercial or employment disputes, confidentiality is a key benefit, enabling businesses or individuals to maintain private dealings. However, if details from the arbitration become public through court filings or media coverage, the risk of jigsaw identification increases. For instance, if an arbitrator’s award is appealed in court, the details disclosed in that judgment, coupled with other publicly available information, could lead to the identification of the parties. This undermines one of the fundamental reasons for choosing arbitration – confidentiality – and can expose sensitive business or personal matters to public view.

In mediation, the risk is somewhat lower, as the process is more informal and there are no formal judgments made public. However, in high-profile cases or disputes involving public figures, even basic details of the mediation – such as the nature of the dispute, the mediation venue or the mediator’s identity – could lead to jigsaw identification if paired with other publicly available information.

Family law and child law cases

Family law and child law proceedings are some of the most sensitive areas in which jigsaw identification poses significant risks. In the UK, Scotland and many international jurisdictions, family courts typically operate with strict confidentiality rules to protect the privacy of children, families and vulnerable individuals. These cases often involve divorce, custody battles, domestic violence or child welfare issues, making the privacy of those involved a priority.

In the UK, reporting restrictions often prevent the publication of any details that could identify a child or vulnerable party in family law cases. The Children Act 1989 and the Family Procedure Rules provide frameworks for ensuring that family proceedings remain confidential. Similarly, in Scotland, the Children (Scotland) Act 1995 and related legislation offer protections for minors involved in family disputes.

Despite these protections, jigsaw identification can still occur in cases involving high-profile families or public figures. Media outlets might report on general facts, such as the location of the family court, the type of proceedings (eg a custody dispute) or broad information about the individuals involved. These details, while seemingly innocuous on their own, can combine with information already available in the public domain – such as social media posts, interviews or previous reports on the family – to reveal the identities of the children or other protected parties.

For instance, in a high-profile custody battle involving a celebrity, if media outlets report details about the ages of the children, the schools they attend or the general geographic area of the dispute, the public could potentially piece together this information and identify the children involved. Such breaches can have devastating consequences, particularly for children, who may face public scrutiny, bullying or psychological harm due to the exposure of their family’s private affairs.

Child law: anonymity and protection

Child law cases, particularly those involving child protection issues or adoption, are highly sensitive. The courts place a strong emphasis on protecting the anonymity of children involved in legal proceedings to ensure that their welfare is safeguarded. This is particularly important in cases where children are removed from their families due to neglect or abuse, or in cases involving adoption.

The Adoption and Children Act 2002 in England and Wales, along with Scottish legislation such as the Adoption and Children (Scotland) Act 2007, restricts the disclosure of identifying information about children in these cases. However, in situations where multiple reports or sources provide fragmented information, jigsaw identification can still occur. For example, if a local media outlet reports on a child protection case by revealing details about the family’s background, while another source discusses the involvement of social services in a specific town, these details might be pieced together to identify the child in question.

The risks of jigsaw identification are particularly pronounced in child law cases involving care proceedings or parental disputes, where emotions run high and the privacy of the child must be maintained. Even well-meaning attempts by media outlets to report on systemic issues in child protection can inadvertently lead to the exposure of a child’s identity, causing significant harm to the child’s emotional wellbeing and future prospects.

International challenges in confidential family and child law cases

Internationally, confidentiality in family and child law cases is similarly protected, though approaches may vary. In the US, family court records are often sealed, particularly in cases involving minors. However, as in the UK and Scotland, media reporting on the peripheral details of a case can result in jigsaw identification, especially in cases involving well-known individuals or public figures.

In some European countries, strict protections under privacy laws and the General Data Protection Regulation (GDPR) provide additional safeguards against jigsaw identification. However, the issue persists, particularly in countries with a strong media presence where public interest in family law cases involving celebrities or public figures can lead to attempts at piecing together information. The challenge remains to balance the public’s right to know with the need to protect the identities of vulnerable individuals, especially children.

Conclusion

Jigsaw identification in confidential matters such as mediation, arbitration, family law and child law cases represents a significant challenge in the legal world. Despite strict confidentiality rules and anonymity protections in the UK, Scotland and many international jurisdictions, the risk of piecing together information from various sources remains. In family and child law cases, this can lead to serious breaches of privacy, particularly for vulnerable individuals such as children, whose wellbeing and safety depend on their anonymity being preserved.

The rise of digital media and the increasing accessibility of information have only heightened these risks, as even small pieces of information can be widely shared and combined to reveal identities that were intended to remain confidential. Legal systems must continue to adapt to these challenges, ensuring that confidentiality protections are robust and that parties in sensitive legal proceedings can trust that their privacy will be upheld in practice, as well as in law.

Written by the Editor, Rebecca Morgan.