NCJ Number
53829
Date Published
1978
Length
6 pages
Annotation
PRIVACY AND INFORMATION ACCESS ISSUES IN THE HANDLING OF LAW ENFORCEMENT RECORDS ARE DISCUSSED, AND PRIVACY CONCERNS ASSOCIATED WITH PERSONAL BANK RECORDS ARE TREATED.
Abstract
THERE ARE MANY CONFUSIONS ASSOCIATED WITH PRIVACY AND FREEDOM OF INFORMATION STATUTES AND JUDICIAL DECISIONS THAT PRESENT PROBLEMS FOR LAW ENFORCEMENT OFFICIALS. THE FREEDOM OF INFORMATION ACT, WHILE PROVIDING FOR ACCESS TO LAW ENFORCEMENT INFORMATION, SPECIFIES THAT 'UNWARRANTED' INVASIONS OF PERSONAL PRIVACY ARE PROHIBITED WHERE RECORDS ARE OF AN INVESTIGATORY NATURE AND WERE COMPILED SPECIFICALLY FOR LAW ENFORCEMENT PURPOSES. WHERE OTHER KINDS OF RECORDS ARE CONCERNED, THE ACT ONLY PROTECTS AGAINST 'CLEARLY UNWARRANTED' INVASIONS OF PRIVACY. IT IS LEFT TO LAW ENFORCEMENT OFFICIALS TO DECIDE WHETHER PARTICULAR REQUESTS FOR INFORMATION ARE WARRANTED OR UNWARRANTED INVASIONS OF PRIVACY. SHOULD THE COURTS DETERMINE LAW ENFORCEMENT OFFICIALS DECIDED WRONGLY IN SPECIFIC INSTANCES, THEY ARE LIABLE FOR SANCTIONS. REQUESTS FOR THE NAMES AND ADDRESSES OF PERSONS ARE CITED AS POSSIBLE INVASIONS OF PRIVACY UNDER EXISTING JUDICIAL INTERPRETATIONS, DEPENDING ON THE CONTEXT. IN INSTANCES WHERE STATES ARE DEVELOPING PRIVACY AND FREEDOM OF INFORMATION STATUTES, LAW ENFORCEMENT OFFICIALS SHOULD BECOME INVOLVED IN THE DRAFTING OF THE LEGISLATION IN ORDER TO RESOLVE POTENTIAL PROBLEMS THAT MIGHT BE CREATED FOR LAW ENFORCEMENT. IN UNITED STATES VERSUS MILLER (1976), IT WAS HELD THAT INDIVIDUAL BANK RECORDS BELONG TO THE BANK AND NOT THE INDIVIDUAL, THUS MAKING THEM OPEN TO SUBPOENA. THERE ARE BILLS PENDING IN CONGRESS DESIGNED TO UNDERMINE THE MILLER DECISION BY LIMITING ACCESS TO PERSONAL BANK INFORMATION. THIS WOULD SEVERELY LIMIT LAW ENFORCEMENT ACCESS TO FINANCIAL RECORDS. IN ITS FIGHT TO MAINTAIN SORELY NEEDED CHANNELS FOR INVESTIGATION, LAW ENFORCEMENT SHOULD CLEARLY TAKE A POSITIVE STAND ON RIGHT TO PRIVACY ISSUES WHILE CLEARLY SPECIFYING THOSE LIMITED CIRCUMSTANCES WHERE SECRETIVE CRIMINAL ACTIVITY CAN BE MADE VULNERABLE TO EFFECTIVE INVESTIGATION SUFFICIENT TO GAIN EVIDENCE FOR PROSECUTION. OTHERWISE, PRIVACY ISSUES CAN BECOME THE CLOAK UNDER WHICH CRIME, PARTICULARLY ORGANIZED CRIME, CAN THRIVE AND UNDERMINE THE ECONOMIC FABRIC OF SOCIETY. (RCB)