NCJ Number
43018
Date Published
1976
Length
91 pages
Annotation
THIS STUDY CONCENTRATESON THE FEDERAL GOVERNMENT, BOTH AS INVADER AND AS PROTECTOR OF PRIVACY, AND OUTLINES A FRAMEWORK OF LAW AND POLICY IN WHICH PRIVACY ISSUES MAY BE RESOLVED.
Abstract
IT ALSO SETS OUT A GREAT NUMBER OF AREAS IN WHICH THE FEDERAL GOVERNMENT CAN ACT TO STOP EXISTING INVASIONS OF PRIVACY AND TO PREVENT NEW ONES. THE CENTRAL SECTION OF THE STUDY ANALYSES THE LEGAL SAFEGUARDS FOR INFORMATIONAL PRIVACY WITHIN A THREE-PART ANALYTICAL FRAMEWORK WHICH EXAMINES HOW A PERSON CAN LOSE CONTROL OF INFORMATION ABOUT HIMSELF. THE FIRST DIVISION FOCUSES ON INFORMATION ABTAINED AGAINST A PERSON'S WISHES. INCLUDED IN THIS CATEGORY ARE THE TRADITIONAL SEARCH AND SEIZURE PROBLEMS AND THE BODY OF CONSTITUTOINAL LAW INTEPRETING THE FOURTH AMENDMENT'S STRICTURES AGAINST UNLAWFUL SEARCH AND SEIZURE; THE FIFTH AMENDMENT'S PROTECTION AGAINST COMPELLED SELF-DISCLOSURE IN CRIMINAL CASES; AND PARTICIPANT MONITORING. THE SECOND ANALYTIC DIVISION EXAMINES THE SITUATION IN WHICH INFORMATION IS ABTAINED FROM THE CUSTODIAN OF THE INFORMTION AGAINST THE WISHES OF BOTH THE CUSTODIAN AND THE ORIGINAL SUBJECT OF THE INFORMATION. THE FINAL DIVISION OF ISSUES ADDRESSED INVOLVES INFORMTION WILLINGLY DISCLOSED BY THE RECIPEINT OR CUSTODIAN BUT AGAINST THE WISHES OF THE SUBJECT. THE STUDY CONCLUDES WITH AN ANAIYSIS OF ISSUES RAISED BY COMPUTERIZED RECORDS SYSTEMS AND LEGISLATION DESIGNED TO PROTECT PRIVACY IN SUCH SYSTEMS. A NUMBER OF EXISTING AND PROPOSED LAWS AFFECTING PROVACY ARE USED AS A VEHICLE FOR FOCUSING ON A CONSENSUS ABOUT THE PROTECTIONS TO BE GIVEN INDIVIDUAL ADMINISTRATIVE RECORDS.