NCJ Number
58291
Date Published
1978
Length
10 pages
Annotation
THE REMARKS OF THREE PANELISTS IN AN INTERNATIONAL ASSOCIATION OF CHIEFS OF POLICE WORKSHOP ON THE IMPACT OF THE FEDERAL FREEDOM OF INFORMATION ACT (FOIA) AND PRIVACY ACT ON LAW ENFORCEMENT ARE DOCUMENTED.
Abstract
A REPRESENTATIVE OF THE BALTIMORE, MD., POLICE FORCE REVIEWS BRIEFLY THE INTENT AND PROVISIONS OF THE FOIA AND THE PRIVACY ACT, WITH PARTICULAR ATTENTION TO INVESTIGATORY RECORDS EXEMPTIONS CONTAINED IN BOTH ACTS AND TO THE IMPACT OF THE LAWS ON POLICE OPERATIONS. CONFUSION IN INTERPRETATION OF THE LAWS IS POINTED OUT, AS IS THE NEED FOR A BETTER BALANCE BETWEEN THE RIGHT TO PRIVACY AND THE NEED TO MAINTAIN THE SECURITY, CONFIDENTIALITY, AND INTEGRITY OF CRIMINAL INVESTIGATIONS. A REPRESENTATIVE OF THE LOS ANGELES, CALIF., POLICE FORCE DISCUSSES THE ESSENTIALLY NEGATIVE IMPACT OF INFORMATION STATUTES ON LAW ENFORCEMENT, PARTICULARLY AT THE LOCAL LEVEL. LIMITATIONS THAT THE STATUTES IMPOSE ON THE FLOW OF INFORMATION BETWEEN FEDERAL AND LOCAL LAW ENFORCEMENT AGENCIES ARE NOTED, AS ARE CONFLICTS BETWEEN THE FOIA AND THE PRIVACY ACT. IT IS CONCLUDED THAT PRIVACY LEGISLATION HAS DIVERTED SIGNIFICANT AMOUNTS OF POLICE RESOURCES AWAY FROM THE FURTHERANCE OF LAW ENFORCEMENT OBJECTIVES WITHOUT SUBSTANTIALLY INCREASING THE PRIVACY OF INDIVIDUALS. THE NEED FOR THE ENTIRE CRIMINAL JUSTICE COMMUNITY TO WORK TOWARD REMEDYING THE SITUATION IS EMPHASIZED. A REPRESENTATIVE OF THE FEDERAL BUREAU OF INVESTIGATION (FBI) DESCRIBES THE IMPACT OF PRIVACY AND DISCLOSURE LAWS ON HIS AGENCY'S RECORDS AND INFORMATION SYSTEMS, NOTING THAT CONGRESS VASTLY UNDERESTIMATED THE RESOURCES (BOTH PERSONNEL AND FUNDS) THAT WOULD BE REQUIRED TO HANDLE THE LARGE VOLUME OF REQUESTS FOR INFORMATION RECEIVED BY THE FBI UNDER THE FOIA. THE PROBLEM OF MEETING DISCLOSURE REQUIREMENTS WITHOUT VIOLATING PRIVACY REQUIREMENTS IS BROUGHT OUT. (LKM)