NCJ Number
61449
Journal
Villanova Law Review Volume: 22 Issue: 6 Dated: (OCTOBER 1977) Pages: 1172-1180
Date Published
1977
Length
9 pages
Annotation
IN THE DEBATE ON WHAT DATA SHOULD BE COMPUTERIZED IN A LARGE MULTIAGENCY CRIMINAL JUSTICE INFORMATION SYSTEM, A BALANCE SHOULD BE REACHED BETWEEN THE COMPETING INTERESTS OF PERSONAL PRIVACY AND SOCIAL ORDER.
Abstract
DISCUSSION CONCERNING THE RIGHT OF PRIVACY, THE PUBLIC'S RIGHT TO KNOW, AND THE NEEDS OF GOVERNMENT FOR GREATER EFFICIENCY WILL CONTINUE. THE INTERLOCKING OF VAST COMPUTER BANKS REQUIRES JUSTIFICATION, AS DOES THE FORMATION OF INDIVIDUAL CRIMINAL JUSTICE FILES, BECAUSE OF THE POTENTIAL FOR THE DISSEMINATION OF INACCURATE INFORMATION. THE EASE OF DISSEMINATING FALSE DATA IS A MAJOR HAZARD WHEN INFORMATION IS STORED IN AN AUTOMATED LAW ENFORCEMENT FILE. IN THE PAST, THESE SYSTEMS' CAPACITY TO COLLECT, STORE, AND DISSEMINATE INFORMATION WAS LIMITED. THEIR INEFFICIENCY WAS ONE OF THE CHIEF PROTECTIONS OF INDIVIDUAL PRIVACY. HOWEVER, THE IMPROVEMENT AND CENTRALIZATION OF FILES HAS RADICALLY CHANGED THE FILING SYSTEM, PROVIDING IT WITH THE CAPABILITY OF AGGREGATING DATA AND PRODUCING NEW INFORMATION THROUGH CROSS-CORRELATIONS. THESE IMPROVEMENTS CAN LEAD TO ABUSES AND INVASIONS OF PRIVACY, ESPECIALLY WHEN INFORMATION FROM LOCAL POLICE AGENCIES CONCERNING INNOCENT PERSONS IS DISTRIBUTED TO NATIONAL OR STATE DATA BANKS. A PROGRAM SUCH AS THE FEDERAL DRUG ABUSE WARNING NETWORK (DAWN) WOULD HAVE RESULTED IN THE INTENSIVE SURVEILLANCE OF ALL PERSONS WITH DRUG PROBLEMS, IF NOT FOR PROTESTS AGAINST ITS CAPACITY TO TRACK SPECIFIC PATIENTS REGARDLESS OF THEIR CONTACT WITH THE POLICE. THE INTERESTS OF INDIVIDUAL PRIVACY AND GOVERNMENT EFFICIENCY AND ACCOUNTABILITY INVOLVE COMPROMISES THAT MUST BE MADE IN THE DEVELOPMENT OF GUIDELINES FOR LAW ENFORCEMENT AGENCIES. FOOTNOTES AND REFERENCES ARE PROVIDED. (TWK)