U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Perspectives on the Evolution of Criminal Justice Informational Privacy Issues

NCJ Number
79689
Date Published
1977
Length
42 pages
Annotation
The three papers in this document address criminal justice information privacy issues from differing perspectives, including governmental regulation and court decisions.
Abstract
The first paper examines efforts to support individual privacy in terms of restricting access to and limiting the use of dissemination of personal information in governmental files. Following a discussion of approaches to these matters in Great Britain and Canada, the paper focuses on judicial, legislative, and executive activities regarding privacy rights in the United States. Major court decisions that affect practices of law enforcement agencies who maintain and disseminate criminal records are described in the second article, with particular attention to the Supreme Court ruling that developed the privacy concepts in Paul v. Davis. State court and lower Federal court cases that have applied this interpretation in dealing with constitutional implications of criminal record dissemination practices are reviewed. The author concludes that the scope of Paul v. Davis may be limited, and its impact on privacy rights may not be a great as originally feared. The final paper explores the relationship between criminal justice privacy questions and policies concerning constraints on information management. Principles to guide and limit information collection and dissemination are outlined. Major policy issues are also identified, including relationships between societal responsibility and individual accountability and the role of the private sector's security and investigative businesses. Footnotes accompany each paper.