NCJ Number
45734
Date Published
1977
Length
55 pages
Annotation
THE FORUM MEMBERS DEVELOPED RECOMMENDATIONS INTENDED TO BALANCE THE INDIVIDUAL'S RIGHT TO PRIVACY AND DUE PROCESS OF LAW WITH THE PUBLIC'S NEED FOR ACCESS TO PERSONAL DATA IN CRIMINAL JUSTICE RECORDS.
Abstract
CONVENING ON JUNE 22, 1977, THE CENTRAL PURPOSE OF THE FORUM WAS TO GIVE PARTICIPANTS THE OPPORTUNITY TO DEVELOP RECOMMENDATIONS TO BE SENT TO FEDERAL AND STATE POLICY MAKERS, INCLUDING COMMITTEES OF CONGRESS AND STATE LEGISLATURES. THE VIEWS EXPRESSED FROM THE FORUM ARE STRICTLY THOSE OF FORUM MEMBERS, AND DO NOT NECESSARILY REPRESENT THE VIEWS OF THEIR ORGANIZATIONS, THE CONVENERS OF THE FORUM, NOR OF LEAA, THE FUNDING AGENCY. FORUM MEMBERS INCLUDED REPRESENTATIVES FROM NONCRIMINAL JUSTICE ORGANIZATIONS AS WELL AS CRIMINAL JUSTICE PERSONNEL. FORUM PARTICIPANTS WERE DIVIDED INTO FOUR WORKSHOPS REPRESENTING THE FOLLOWING CONCERNS: ACCESS BY NONCRIMINAL JUSTICE AGENCIES TO CRIMINAL JUSTICE INFORMATION; ACCESS BY CRIMINAL JUSTICE AGENCIES TO NONCRIMINAL JUSTICE INFORMATION; ACCESS BY THE MEDIA TO CRIMINAL JUSTICE INFORMATION; AND ACCESS BY PRIVATE SECURITY SERVICES TO CRIMINAL JUSTICE INFORMATION. VARIOUS RECOMMENDATIONS PROPOSED BY THESE WORKSHOPS WERE ADOPTED BY THE ENTIRE FORUM MEMBERSHIP. THE WORKSHOP DEALING WITH ACCESS BY NONCRIMINAL JUSTICE AGENCIES TO CRIMINAL JUSTICE INFORMATION DEFINED ITS BASIC SUBJECT MATTER AND FOCUSED ITS RECOMMENDATIONS ON (1) THE PURPOSES SERVED BY GOVERNMENT ACCESS, AND (2) THE TYPE OF CRIMINAL JUSTICE INFORMATION THAT COULD REASONABLY BE THE SUBJECT OF ACCESS UNDER EACH PURPOSE. CERTAIN ASSUMPTIONS WERE MADE CONCERNING THE GROUP'S RECOMMENDATIONS, SUCH AS THAT THE SUBJECT OF ANY INFORMATION-GATHERING WOULD BE NOTIFIED. THE WORKGROUP CONSIDERING ACCESS BY CRIMINAL JUSTICE AGENCIES TO NONCRIMINAL JUSTICE INFORMATION IDENTIFIED TWO PURPOSES FOR WHICH NONCRIMINAL JUSTICE RECORDS ARE SOUGHT BY CRIMINAL JUSTICE AGENCIES: INVESTIGATIONS RELATING TO EMPLOYMENT, PROMOTION, AND ASSIGNMENTS WITHIN CRIMINAL JUSTICE AGENCIES; AND INVESTIGATIVE AND INTELLIGENCE ACTIVITIES RELATING TO CRIME. THE GROUP RECOMMENDED THAT NONCRIMINAL RECORDS BE ACCESSIBLE PROVIDING THE SUBJECT UNDERSTANDS THAT THE INVESTIGATION IS A CONDITION OF EMPLOYMENT. THE WORKSHOP CONSIDERING ACCESS BY THE NEWS MEDIA TO CRIMINAL JUSTICE INFORMATION CONCENTRATED ON FOUR MAJOR ISSUES: NEWS MEDIA ACCESS TO POLICE OPERATIONS INVOLVING CRIMES OF A VIOLENT OR POTENTIALLY VIOLENT NATURE; MEDIA ACCESS TO INFORMATION ABOUT AN ONGOING CRIMINAL INVESTIGATION; MEDIA ACCESS TO ARREST/CONVICTION RECORD; AND MEDIA ACCESS TO CRIMINAL INVESTIGATORY INFORMATION. A SIGNIFICANT FINDING OF THE WORKSHOP DEALING WITH ACCESS BY PRIVATE SECURITY SERVICES TO CRIMINAL JUSTICE INFORMATION WAS THAT ALL PRIVATE ENTERPRISE ORGANIZATIONS, WHETHER INVOLVED IN SECURITY SERVICES OR NOT, SHOULD HAVE EQUAL RIGHT OF ACCESS TO CRIMINAL JUSTICE INFORMATION. ALL RECOMMENDATIONS APPROVED BY THE FORUM ARE PRESENTED. THE APPENDICES CONTAIN CBS NEWS GUIDELINES AND BIOGRAPHIES OF FORUM PARTICIPANTS. (RCB)