NCJ Number
87127
Journal
Bewaehrungshilfe Volume: 29 Issue: 2 Dated: (1982) Pages: 174-184
Date Published
1982
Length
11 pages
Annotation
The West German privacy and confidentiality of information law, newly reformulated in 1981, impacts probation and parole officer access to data held by other social service agencies.
Abstract
The statute specifying agencies mutually bound to exchange information does not mention courts and the probation/parole service and forbids issuing certain types of information, specifically 'social secrets' and automated 'data secrets.' These secrets pertain to the kind of information that makes an individual identifiable or provides knowledge about a given individual's private circumstances. Matter-of-course access to such confidential material in the files of their agencies is thus barred for probation/parole officers and can only be achieved through certain exceptions that the law provides. These include permission of the subject, or official duty performed in the interests of the subject by an authorized officer. Together with other exempt conditions, these provisions will enable probation/parole officers to continue accessing information required in their work, although procedures have become more indirect and cumbersome. A total of 44 notes are given.