This article presents a theory of procedural confidentiality, offering conceptual tools to understand and resolve disputes over confidentiality within legal proceedings. Such disputes arise when a litigant argues that unrestricted dissemination of information submitted in public judicial procedures poses a threat to a legitimate interest and requests restrictions on publicity. The legitimate interests impacted by procedural publicity (both external and internal) can be diverse – ranging from privacy and reputation to the loss of competitive advantage and professional secrets, among many others. These interests can be classified based on whether they concern risks of disclosing a secret, improper or unlawful use of the disclosed contents, or disruptions to the proper conduct of the proceedings. Each of these risks constitutes a confidentiality interest, which may be asserted as a defens...

This article presents a theory of procedural confidentiality, offering conceptual tools to understand and resolve disputes over confidentiality within legal proceedings. Such disputes arise when a litigant argues that unrestricted dissemination of information submitted in public judicial procedures poses a threat to a legitimate interest and requests restrictions on publicity. The legitimate interests impacted by procedural publicity (both external and internal) can be diverse – ranging from privacy and reputation to the loss of competitive advantage and professional secrets, among many others. These interests can be classified based on whether they concern risks of disclosing a secret, improper or unlawful use of the disclosed contents, or disruptions to the proper conduct of the proceedings. Each of these risks constitutes a confidentiality interest, which may be asserted as a defens...

This article presents a theory of procedural confidentiality, offering conceptual tools to understand and resolve disputes over confidentiality within legal proceedings. Such disputes arise when a litigant argues that unrestricted dissemination of information submitted in public judicial procedures poses a threat to a legitimate interest and requests restrictions on publicity. The legitimate interests impacted by procedural publicity (both external and internal) can be diverse – ranging from privacy and reputation to the loss of competitive advantage and professional secrets, among many others. These interests can be classified based on whether they concern risks of disclosing a secret, improper or unlawful use of the disclosed contents, or disruptions to the proper conduct of the proceedings. Each of these risks constitutes a confidentiality interest, which may be asserted as a defens...