NCJ Number
55500
Editor(s)
W E MCCLAIN
Date Published
1978
Length
44 pages
Annotation
THE STATUS OF FREEDOM OF INFORMATION AND INFORMATION PRIVACY LAWS IN THE 50 STATES AND THE DISTRICT OF COLUMBIA AS OF MID-1978 IS REPORTED.
Abstract
FREEDOM OF INFORMATION LAWS ARE THOSE GURANTEEING PUBLIC ACCESS TO GOVERNMENT RECORDS AND MEETINGS. NEARLY ALL STATES HAVE SUCH LAWS. LESS WIDELY ACCEPTED ARE INFORMATION PRIVACY LAWS, WHICH ARE CONCERNED WITH PREVENTING UNWARRANTED USE AND DISCLOSURE OF INFORMATION ON INDIVIDUAL CITIZENS AND WITH LETTING INDIVIDUALS KNOW HOW INFORMATION IS BEING USED. PRIVACY LAWS INCLUDE THOSE PERTAINING TO THE FOLLOWING: PRIVACY STUDY COMMISSIONS; STATE AGENCY INFORMATION SYSTEM REGULATION; CRIMINAL INFORMATION SYSTEM REGULATION; ARREST RECORD EXPUNGEMENT; POLYGRAPHS; NEW REPORTERS' PRIVILEGES; AND FINANCIAL, MEDICAL, AND PERSONNEL RECORDS. THE STATUS OF FREEDOM OF INFORMATION AND PRIVACY LAWS IN EACH STATE IS REPORTED, TOGETHER WITH INFORMATION-RELATED LEGISLATIVE ACTIVITIES DURING 1977 AND 1978. A TABLE SUMMARIZES THE STATUS OF EACH TYPE OF FREEDOM OF INFORMATION AND PRIVACY LAW BY STATE. ALSO INCLUDED IS A BRIEF OVERVIEW OF LEGISLATIVE DEVELOPMENTS IN THE FIELD OF INFORMATION. PARTICULAR ATTENTION IS DIRECTED TO MICHIGAN'S LAW REQUIRING EMPLOYERS TO PERMIT EMPLOYEES TO EXAMINE AND CHALLENGE INFORMATION IN THEIR PERSONNELL FILES. THE LAW ALSO REGULATES THE TYPE OF INFORMATION EMPLOYERS MAY INCLUDE IN PERSONNEL FILES AND RESTRICTS DISSEMINATION OF DEROGATORY INFORMATION TO THIRD PARTIES. CONFLICTS THAT ARISE IN ATTEMPTING TO ASSURE BOTH FREEDOM OF INFORMATION AND PRIVACY ARE DISCUSSED, TOGETHER WITH THE IMPACT OF FREEDOM OF INFORMATION AND PRIVACY LAWS AT THE STATE AND FEDERAL LEVELS. TRENDS IN STATE-LEVEL INFORMATION CONTROL LEGISLATION ARE ALSO NOTED. (LKM)