CONSIDERATIONS OF PRIVACY, CONFIDENTIALITY AND JUDICIAL PERSPECTIVE IN THE DEVELOPMENT OF COURT COMPUTER SYSTEMS (FROM PROJECT SEARCH - INTL SYMPOSIUM, 2D - PROCEEDINGS, APRIL 30 - MAY 2, 1974, BY E CRESSWELL - SEE NCJ-25660)

• NCJ Number: 25708
• Author(s): G STERN
• Date Published: 1974
• Length: 7 pages
• Grant Number(s): 73-SS-99-3312; 75-SS-99-6007
• Sponsoring Agency: US Dept of Justice
• Corporate Author: SEARCH Group Inc.
• Publication Format: Document
• Publication Type: Program/Project Description
• Language: English
• Country: United States of America

Annotation

THE DISADVANTAGES AND DANGERS TO CONSTITUTIONAL RIGHTS THAT MAY RESULT FROM COURT INFORMATION SYSTEMS AND FROM COURT PARTICIPATION IN DATA SHARING CRIMINAL JUSTICE INFORMATION SYSTEMS ARE OUTLINED.

Abstract

THE AUTHOR FIRST INDICATES BASIC PRINCIPLES ON COURT COMPUTER USE. HE STATES THAT ONLY ESSENTIAL DATA SHOULD BE COLLECTED, THAT CRIMINAL HISTORY AND SOCIAL INFORMATION SHOULD NOT BE LINKED, THAT PRECAUTIONS SHOULD BE TAKEN TO ENSURE THAT DATA IS ACCURATE AND CURRENT, AND THAT ACCESS TO COMPUTER RECORDS SHOULD BE CAREFULLY RESTRICTED. PROBLEMS IN COURT PARTICIPATION IN COMPREHENSIVE DATA SHARING SYSTEMS ARE ALSO DISCUSSED. THE AUTHOR ARGUES THAT THE COURTS SHOULD MAINTAIN THE ROLE OF THE IMPARTIAL ARBITER, AND THAT THIS IS DIFFICULT TO DO IF CONSTANT RECORDS SHARING WITH OTHER CRIMINAL JUSTICE AGENCIES TAKES PLACE. OTHER PROBLEMS ARE THE LACK OF CONTROL OVER RELEASE OF INFORMATION BY OTHER AGENCIES, THE POSSIBLE DETRIMENTAL EFFECTS TO THE INDIVIDUAL OF WIDESPREAD DISSEMINATION OF INFORMATION, AND THE GREATER POSSIBILITY OF MISINTERPRETATION OF DATA TAKEN OUT OF ITS PROPER CONTEXT. THE DANGERS OF COMPUTER USE IN PREDICTING FUTURE CRIMINAL BEHAVIOR, AND ISSUES IN PUBLIC ACCESS TO COMPUTERIZED COURT RECORDS ARE ALSO EXAMINED.