NCJ Number
54035
Date Published
1977
Length
121 pages
Annotation
COMPLAINTS RECEIVED BY THE PRIVACY COMMITTEE IN NEW SOUTH WALES ABOUT VARIOUS USES OF CRIMINAL RECORDS ARE DISCUSSED.
Abstract
ALMOST WITHOUT EXCEPTION, COMPLAINTS INVOLVE EITHER THE USE OF RECORDS BY GOVERNMENT INSTRUMENTALITIES OR QUESTIONS ASKED BY PRIVATE SECTOR EMPLOYERS AND INSURERS ON APPLICATION FORMS. ACCESS TO A PERSON'S CRIMINAL RECORD IS AN INVASION OF PRIVACY; THE RELEVANCE OF RECORDS TO OTHER COMPETING COMMUNITY INTERESTS, HOWEVER, MAKES SUCH ACCESS JUSTIFIABLE IN SOME CASES. THE PRIVACY COMMITTEE HAS ATTEMPTED TO FIND WAYS TO ALLOW ORGANIZATIONS TO ACHIEVE THEIR LEGITIMATE AIMS WITHOUT UNDUE INTRUSION INTO PEOPLE'S LIVES. RESEARCH INTO COMPLAINTS INDICATES THE FOLLOWING: THERE IS CONSIDERABLE MISUNDERSTANDING CONCERNING WHAT CONSTITUTES A PERSON'S CRIMINAL RECORD; SOMETIMES THE CHECK AND THE DECISION TAKE PLACE WITHOUT THE PERSON'S KNOWLEDGE; THE INSTRUMENTALITY DOES NOT ALWAYS UNDERSTAND THE TECHNICAL SIGNIFICANCE OF TERMS USED IN A REPORT; ERRORS OF FACT OCCUR IN REPORTS; THE INSTRUMENTALITY CAN ACT UNFAIRLY IF IT DOES NOT FIRST DISCUSS THE INFORMATION WITH THE INDIVIDUAL; AND INDIVIDUALS DO NOT APPLY FOR EMPLOYMENT, LICENSING, ADOPTION, AND OTHER MATTERS BECAUSE OF UNJUSTIFIED FEARS THAT A RECORD WILL PREJUDICE THEM. TOPICS OF INTEREST INVOLVING USE OF CRIMINAL RECORDS AND PRIVACY ARE PUBLIC SECTOR USES OF CRIMINAL RECORDS, THE EFFECT OF USING CRIMINAL RECORDS, STATUTORY AND DE FACTO PROHIBITIONS, MECHANISMS FOR THE USE OF CRIMINAL RECORDS, QUESTIONS ASKED ON APPLICATIONS, POLICE CHECKS ON APPLICANTS, AND SURVEILLANCE OF BENEFIT HOLDERS. DATA ON THE USE OF POLICE RECORDS BY GOVERNMENT INSTRUMENTALITIES IN 1976 ARE PROVIDED. ADDITIONAL INFORMATION ON CRIMINAL RECORD USAGE IN THE PUBLIC SECTOR IS PROVIDED IN APPENDIXES AND SCHEDULES. (DEP)