NCJ Number
54071
Journal
Case and Comment Volume: 84 Issue: 1 Dated: (JANUARY-FEBRUARY 1979) Pages: 32-40
Date Published
1979
Length
5 pages
Annotation
PRIVATE PROSECUTION IS SUGGESTED AS AN APPROACH TO ENSURING THAT PRIVACY LAWS ARE ENFORCED.
Abstract
CONVENTIONAL LEGAL REMEDIES FAIL TO PROTECT AGAINST INVASIONS OF PRIVACY BECAUSE ENFORCEMENT IS ENTRUSTED TO THE MAJOR VIOLATORS. THE U.S. DEPARTMENT OF JUSTICE HAS PRIMARY RESPONSIBILITY BOTH FOR ENFORCING FEDERAL PRIVACY LAWS AND FOR DEFENDING FEDERAL AGENCIES, INCLUDING ITSELF, AGAINST CHARGES STEMMING FROM ALLEGED VIOLATIONS OF THE SAME LAWS. THE FEDERAL BUREAU OF INVESTIGATION, THE DEPARTMENT'S ENFORCEMENT ARM, IS A MAJOR ABUSER OF THE PRIVACY LAWS IT IS SUPPOSED TO ENFORCE. THIS CONFLICT OF INTEREST PERSISTS WITHOUT ANY ATTEMPT TO FIND AN ALTERNATIVE MEANS OF APPLYING SANCTIONS FOR PRIVACY VIOLATIONS. A SOLUTION MAY LIE IN THE IDEA OF PERMITTING PRIVATE CITIZENS TO INITIATE CRIMINAL ACTIONS. THE IDEA IS NOT NEW. A 19TH-CENTURY STUDY OF THE HISTORY OF CRIMINAL LAW OF ENGLAND NOTES THAT PROSECUTION OF OFFENSES COMMONLY WAS INSTITUTED BY PRIVATE PERSONS. PRIVATE PROSECUTION AFFORDS AN OPPORTUNITY FOR CITIZENS TO BECOME MORE INVOLVED IN THEIR CRIMINAL JUSTICE SYSTEM. TO IMPLEMENT THE IDEA, THE FOLLOWING MEASURES WOULD BE REQUIRED: PROVISIONS FOR AWARDING ATTORNEY FEES, LITIGATION COSTS, AND BOUNTIES TO SUCCESSFUL COMPLAINANTS IN PRIVACY LITIGATION; SPECIFIC STATUTORY AUTHORIZATION FOR PARTIES NOT DIRECTLY AFFECTED TO BRING ACTION FOR VIOLATION OF PRIVACY LAWS; PROVISIONS TO ASSURE THAT PRIVATE CITIZENS HAVE ADEQUATE INVESTIGATIVE RESOURCES WITHIN THEIR REACH; AND RESOLUTION OF THE QUESTION OF WHETHER OFFENDING PARTIES IN PRIVACY LITIGATION SHOULD BE SUBJECT TO TRADITIONAL CRIMINAL SANCTIONS, INCLUDING IMPRISONMENT. (LKM)