NCJ Number
67572
Journal
REVISTA DEL COLEGIA DE ABOG A DOS DE PUERTO RICO Volume: 39 Issue: 3 Dated: (AUGUST 1978) Pages: 469-486
Date Published
1978
Length
18 pages
Annotation
THE ENACTMENT OF A NEW LAW IN PUERTO RICO ESTABLISHING A COMPUTERIZED CRIMINAL JUSTICE INFORMATION SYSTEM STILL UNRESOLVED CONFLICTS OF INTERESTS BETWEEN THE RIGHTS OF PRIVACY AND INFORMATION.
Abstract
IN 1977 THE COMMONWEALTH OF PUERTO RICO PASSED A LAW ESTABLISHING A NEW COMPUTERIZED SYSTEM OF CRIMINAL JUSTICE INFORMATION. ACCESSIBLE TO ALL GOVERNMENT AGENCIES WHICH COMPRISE THE CRIMINAL JUSTICE SYSTEM (POLICE, THE JUSTICE DEPARTMENT, THE CORRECTIONS ADMINISTRATION, AND THE EXECUTIVE BRANCH) THE SYSTEM STORES DATA ON INDIVIDUALS WHO HAVE BEEN TRIED AS ADULTS THEIR PAST AND PRESENT CRIMINAL HISTORIES, PAST AND PENDING COURT PROCEEDINGS, ARRESTS, CONVICTIONS, SENTENCES, AND PRISON TERMS SERVED. AMONG THE SAFEGUARDS TO THE RIGHT OF PRIVACY BUILT INTO THE NEW CRIMINAL JUSTICE INFORMATION SYSTEM ARE A COMBINED SOFTWARE AND HARDWARE CONFIGURATION SOPHISTICATED ENOUGH TO PREVENT UNAUTHORIZED RETRIEVAL OF THE DATA STORED, AS WELL AS STRICT SECURITY CHECKS AND CONTROLS ON THE PERSONNEL AUTHORIZED TO USE THE SYSTEM. THE LAW PROVIDES FOR THE CIRCUMSTANCES UNDER WHICH PERSONS WHO CAN SATISFACTORILY PROVE THEIR RIGHT TO KNOW INFORMATION STORED IN THE SYSTEM ABOUT THEM ARE ALLOWED ACCESS TO IT. FURTHER PROVISIONS REGARD THE EXTENT OF AND PROCEDURES FOR INFORMATION EXCHANGES BETWEEN PUERTO RICAN CRIMINAL JUSTICE AGENCIES AND THE FBI IN CONNECTION WITH THE NEW SYSTEM. HOWEVER, AN EVALUATION OF HOW WELL THE SYSTEM SERVES AND RECONCILES THE CONFLICT BETWEEN PRIVATE AND PUBLIC INTERESTS WITH REGARD TO GOVERNMENT-HELD INFORMATION WILL ONLY BE POSSIBLE AFTER THE SYSTEM HAS BEEN IN OPERATION FOR SOME TIME. RELEVANT STATE LEGISLATION ON THE RIGHTS OF PRIVACY AND FREEDOM OF INFORMATION IS CITED. EXCERPTS OF THE PROVISIONS ON PRIVACY AND SECURITY GUARANTEES CONTAINED IN THE LAW ARE GIVEN. --IN SPANISH.