NCJ Number
56566
Date Published
1977
Length
186 pages
Annotation
THIS STUDY WAS UNDERTAKEN TO EXPLORE THE RIGHT OF PRIVACY FROM PUBLIC DISCLOSURE OF POTENTIALLY DAMAGING ADULT CRIMINAL RECORDS AND ACCESS OF THE NEWS MEDIA TO THESE RECORDS, PARTICULARLY GOVERNMENT-HELD INFORMATION.
Abstract
INHERENT IN CRIMINAL RECORDS AND IN THEIR COMPILATION ARE SEVERAL DANGERS, INCLUDING FACTUALLY INACCURATE RECORDS, INCOMPLETE RECORDS, AND THE CREATION OF AN INACCURATE PICTURE OF THE INDIVIDUAL IF RECORDS ARE TAKEN OUT OF CONTEXT. FACTORS AFFECTING ACCESS TO CRIMINAL RECORDS CONCERN WHETHER RECORDS ARE FORMAL OR INFORMAL, SEPARATE OR MIXED WITH CONFIDENTIAL INFORMATION, CURRENT OR NONCURRENT, ORIGINAL OR SECONDARY, ABOUT CONVICTIONS OR ABOUT NONCONVICTIONS, SEALED OR OPEN, AND EXPUNGED OR STILL IN EXISTENCE. JOURNALISTS TEND TO ARGUE THAT CRIMINAL HISTORY INFORMATION IS PART OF AN ESTABLISHED JUDICIAL OR POLICE RECORD AND SHOULD BE OPEN. PUBLIC OFFICIALS AND PRIVACY ADVOCATES, ON THE OTHER HAND, FEEL THAT THE ISSUE IS FAR MORE COMPLEX. THE RIGHT TO INFORMATION ABOUT THE GOVERNMENT HAS LONG BEEN RECOGNIZED AS A BASIC RIGHT OF U.S. CITIZENS WHICH FULFILLS BOTH SOCIAL AND POLITICAL NEEDS. THIS RIGHT IS SUPPORTED BY A DEVELOPING LAW OF ACCESS, ESPECIALLY SINCE THE ENACTMENT OF THE FREEDOM OF INFORMATION ACT IN 1967. WHILE THE ACT DOES NOT INCLUDE A SPECIAL RIGHT OF ACCESS FOR JOURNALISTS, IT APPEARS TO LEAVE THE POSSIBILITY OPEN. THE RIGHT OF ACCESS MUST ULTIMATELY BE BALANCED AGAINST THE RIGHT OF PRIVACY. THE RIGHT OF PRIVACY IS RELATED TO POLITICAL, PSYCHOLOGICAL, AND SOCIOLOGICAL NEEDS. IF THE PRESS OBTAINS AND PUBLISHES INDIVIDUAL CRIMINAL RECORDS, IT MAY FACE PRIVACY LITIGATION UNDER TWO TORTS: PUBLICATION OF PRIVATE MATTERS, OR PUTTING AN INDIVIDUAL IN A FALSE LIGHT. THE THREE USUAL DEFENSES IN PRIVACY CASES (NEWSWORTHINESS, CONSENT, AND LACK OF MALICE) HAVE POTENTIAL APPLICABILITY TO PRIVACY SUITS INVOLVING THE PUBLICATION OF CRIMINAL RECORDS. AS MORE CRIMINAL RECORDS HAVE BEEN CENTRALIZED BY LAW ENFORCEMENT COMPUTERS, DEMANDS FOR ACCESS BY JOURNALISTS AND OTHERS HAVE INCREASED, AND FEARS OF PRIVACY ADVOCATES HAVE PROPORTIONATELY INCREASED. LEGISLATIVE AND REGULATORY ATTEMPTS TO RESOLVE THE RIGHT OF PRIVACY ISSUE ARE REVIEWED. ADDITIONAL INFORMATION PERTINENT TO THE STUDY ARE APPENDED, AND A LIST OF SOURCES CONSULTED IS INCLUDED. (DEP)