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“In camera” means private proceedings in law. While public trials are preferred, certain situations require confidentiality. Justifications for closed hearings include national security, trade secrets, and witness protection. The judge decides based on arguments presented by both parties and considers the best interests of the case.
In camera is a Latin phrase meaning “in private” or “in chambers” and is used in law to refer to proceedings conducted without public access. While many legal systems place emphasis on conducting court proceedings in public whenever possible, there may be special situations where proceedings need to be held confidentially. A judge may decide to hear an entire trial behind closed doors or to review certain arguments, documents and evidence in private, while leaving other parts of the trial open to the public.
When the legal system generally requires trials to be held in public, clear justifications must be provided for moving the proceedings to a private location. A common argument is a national security concern in cases where evidence was broadcast before the public could pose a security threat. Companies can also request closed hearings to protect trade secrets, with the argument that being forced to disclose such information in public is harmful and unfair. Confidentiality can also be extended to protect witnesses, including people at risk for their testimony, and young children who might be upset by being in a crowded courtroom with strangers.
Often, a closed hearing or review is held in the judge’s chambers. This setting is less formal and more comfortable for a small group, which includes the judge, attorneys, and witness or subject under discussion. In other cases, a judge may request that the court be cleared of all members of the public and press, who are conducting proceedings in the courtroom.
Either party in a case can make a request to have an entire trial or part of a trial held in camera, presenting arguments in support of the request. The other party may respond if it believes the request is unreasonable. The judge will review the arguments presented and make a decision, taking into account the law, precedent and the concerns raised by the litigants. If the proceedings take place behind closed doors, they are usually still recorded and can be consulted later.
The press and the public sometimes protest confidentiality moves in a trial, arguing that the public has a right to know. Privacy-related decisions are sometimes viewed controversially, and judges may consider the potential for public outrage when weighing calls for closed hearings and reviews. Ultimately, the judge must consider the best interests of the case and the parties involved when making a decision.
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