NCJ Number
47049
Date Published
1978
Length
143 pages
Annotation
RESULTS OF A 1977 LEAA SURVEY OF STATE LAWS PERTAINING TO THE PRIVACY AND SECURITY OF RESEARCH AND STATISTICAL INFORMATION ARE SUMMARIZED.
Abstract
THE PRODUCTION OF RESEARCH AND STATISTICAL INFORMATION HAS BECOME A MAJOR GOVERNMENTAL ACTIVITY IN THE UNITED STATES. DATA ARE COLLECTED FOR THE PURPOSE OF KNOWLEDGE OF PREVAILING SOCIETAL CONDITIONS, EVALUATION PUBLIC POLICIES, AND PREDICTION OF EVOLVING TRENDS. INFORMATION ABOUT PRIVATE CITIZENS IS OBTAINED FROM PERSONAL INTERVIEWS AND QUESTIONNAIRES, OBSERVATION OF BEHAVIOR, AND THE RETRIEVAL OF INFORMATION FROM CRIMINAL, MEDICAL, AND SOCIAL WELFARE RECORDS. THE MISUSE OF THIS INFORMATION FOR NONRESEARCH PURPOSES HAS BECOME A MAJOR CONCERN. REMEDIES HAVE BEEN SOUGHT TO INSURE THAT PERSONAL PRIVACY IS NOT SACRIFICED FOR THE SAKE OF RESEARCH AND ALSO THAT PRIVACY SAFEGUARDS DO NOT BECOME SO STRICT THAT STATISTICAL PRODUCTION BECOMES IMPOSSIBLE. A LARGE NUMBER OF FEDERAL AND STATE STATUTES GOVERNING THE PRIVACY AND SECURITY OF RESEARCH AND STATISTICAL INFORMATION HAVE BEEN ENACTED IN RECENT YEARS. THIS REPORT PROVIDES A SUMMARY OF RELEVANT STATE STATUTES IN THIS AREA. THREE TABLES ARE INCLUDED WHICH PROVIDE EXAMPLES OF LEGISLATION FALLING WITHIN SPECIFIC CATEGORIES. ONE CONTAINS EXAMPLES OF STATUTES WHICH PERMIT SPECIAL ACCESS BY RESEARCHERS TO ADMINISTRATIVE INFORMATION, SUBJECT TO LIMITATIONS ON WHAT THE RESEARCHER MAY DO WITH THE DATA. THE SECOND IDENTIFIES EXAMPLES OF LAWS THAT PLACE RESTRICTIONS DIRECTLY ON A GOVERNMENTAL AGENCY MAINTAINING RECORDS, USUALLY RESTRICTING THE AGENCY'S ABILITY TO RELEASE THE INFORMATION IN IDENTIFIABLE FORM OR FOR CERTAIN SPECIFIED PURPOSES. THE THIRD CONTAINS EXAMPLES OF STATUTES PROVIDING FOR RESEARCHER IMMUNITY AGAINST FORCED RELEASE OF IDENTIFIABLE DATA. EXCERPTS FROM APPLICABLE LAWS OF EACH OF THE FIFTY STATES ARE REPRODUCED. (VDA)