privacy & criminal justice information: a primer · 2016-10-17 · 7 ©2006 search, the...
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PRIVACY & CRIMINAL JUSTICE INFORMATION: A PRIMER
SEARCH, The National Consortium for Justice Information and Statistics
© 2006 SEARCH, The National Consortium for Justice Information and Statistics | www.search.org 1
Maximizing the utility of criminal justice
information
PRIVACY & CRIMINAL JUSTICE INFORMATION
Essential for effective law enforcement
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PRIVACY & CRIMINAL JUSTICE INFORMATION
Thoughtful, comprehensive privacy
policies can help
How?
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PRIVACY & CRIMINAL JUSTICE INFORMATION
Majority of Americans concerned about the safety of their personal information …
Zogby/UPI poll, April 2007: 91% of respondents worried about ID theft
When asked in a Fall 2006 MSNBC online poll, “Who do you trust more to protect your privacy, government or private corporations,” 88% of 6,500 respondents said “neither.”
Zogby/UPI poll, Feb. 2007: More than 50% concerned about privacy of medical records
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PRIVACY & CRIMINAL JUSTICE INFORMATION
Justice and homeland security initiatives shot down by poor privacy policy planning …
MN police chiefs DB
MATRIX
Total Information Awareness
Computer Aided Passenger Prescreening II
Carnivore
Yours?
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PRIVACY & CRIMINAL JUSTICE INFORMATION
But what exactly isprivacy?
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WHAT IS PRIVACY?
… the claim of an individual to determine what information about himself or herself should be known to others.
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WHAT IS PRIVACY?
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Westindescribes four basic states of
individual privacy
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COMPLETELY ALONE …
… out of sight and hearing of anyone else; the most complete and relaxed condition of privacy.
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INTIMACY …
… connections with confidants to share sensitive ideas, receive feedback and deepen bonds of mutual self-revelation and connection
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ANONYMITY …
… going into public places and mingling with people who do not recognize you.
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DEFINING WHAT TO SHARE …
… you do not wish certain
sensitive personal
aspects to be
discussed or noticed.
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FINANCES
Spending habits, purchases, lenders, debts, creditors …
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HEALTH
Medical conditions, diagnoses, causes, medications, treatments, prognoses,
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PERSONALLY IDENTIFIABLE INFORMATION
That which can be used to uniquely identify, contact or locate you …
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CRIMINAL JUSTICE
Arrests, dispositions, corrections, supervision
Intelligence, watch lists, field reports
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PRIVACY THROUGH THE AGES
As privacy concept first emerged, it
was perceived as freedom
from scrutiny and intrusion while in your
home
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PRIVACY THROUGH THE AGES
Concept takes root in America –
3rd Amendment
4th Amendment
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PRIVACY THROUGH THE AGES
The Right to Privacy
Samuel D. Warren & Louis D. Brandeis
Harvard Law Review
December 15, 1890
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PRIVACY THROUGH THE AGES
Olmstead
v.
United States
1928
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BRANDEIS DISSENT
The makers of our Constitution … sought to protect Americans in their beliefs, their thoughts, their emotionsand sensations. They conferred, as against the Government,
the most comprehensive of rights, and the right most valued by civilized men.
the right to be left alone …
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BRANDEIS IMPACT
Griswold v. CT (1965)
Estes v. TX (1965)
Miranda v. AZ (1966)
Katz v. U.S. (1967)
Eisenstadt v. Baird (1972)
Roe v. Wade (1973)
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ABOUT THE SAME TIME …
Challenging convention, institutions,
‘the establishment’
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ABOUT THE SAME TIME …
Growing computer use in the workplace …concerns over database-creating capabilities.
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H.E.W. REPORT
Records, Computers, and the Rights of Citizens (1973)No secret personal data record system.
Individual must be able to find out what’s in record and how it is used.
Individual can prevent information collected for one purpose from being used for another.
Individual can correct/amend record of identifiable information.
Data-holding agency must ensure data’s reliability and prevent its misuse.
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PRIVACT ACT OF 1974
Protects against an invasion of
privacy through the misuse of
personal information by
the federal government
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PRIVACY PROTECTION STUDY COMMISSION
‘The real danger is the gradual erosion of individual liberties through the automation, integration, and interconnection of many small, separate record-keeping systems, each of which alone may seem innocuous, even benevolent, and wholly justifiable’ (1977)
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OECD FAIR INFORMATION PRACTICES
Based on core H.E.W. principles
Issued in 1980 to support international trade
Informally known as the “FIPs”
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OECD FAIR INFORMATION PRACTICES
Collection limitation
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OECD FAIR INFORMATION PRACTICES
Data quality
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OECD FAIR INFORMATION PRACTICES
Purpose
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OECD FAIR INFORMATION PRACTICES
Use limitation
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OECD FAIR INFORMATION PRACTICES
Security
Safeguards
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OECD FAIR INFORMATION PRACTICES
Openness
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OECD FAIR INFORMATION PRACTICES
IndividualParticipation
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OECD FAIR INFORMATION PRACTICES
Accountability
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CRIMINAL RECORD PRIVACY
Constitution largely neutral. Handful of landmark US Supreme Court decisions …
Paul v. Davis (1976)
Dept. of Justice v. Reporters Committee for Freedom of the Press (1989)
Arizona v. Evans (1995)
Los Angeles Police Dept. v. United Reporting Publishing Corp. (1999)
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THE STRUGGLE CONTINUES
Information Brokers
Online public records
Biometrics
Surveillance
Data profiling
Background checks
Radio frequency identification (RFID)
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TENSION
PRIVACY ACCESS
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PRIVACY & CRIMINAL JUSTICE INFORMATION
Need help with your privacy policy challenges?
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PRIVACY & CRIMINAL JUSTICE INFORMATION
SEARCH has joined BJA,
IIR, JMI and other agencies
to provide privacy TA, assistance with policy
development, other services.
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PRIVACY IMPACT ASSESSMENT
Analysis of information collected, stored, protected & exchanged in a new or significantly modified IT system.
Examines risks/ ramifications of collecting, maintaining and using information in an identifiable form.
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PRIVACY IMPACT ASSESSMENT
Identifiable form includes …
Name, address, telephone number, fingerprints, blood type, DNA
Identifying numbers
Education, medical, psychiatric, psychological, criminal, financial or employment history
Race, origin, religion, sex, sexual orientation, marital or family status
Also know as personally identifiable information or PII
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PRIVACY IMPACT ASSESSMENT
Should my agency conduct a PIA?Designing or upgrading IT system with PII
IT system using PII for which a PIA has not been conducted
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SEARCH PRIVACY ASSISTANCE
For more information on obtaining assistance with privacy policy
challenges, contact SEARCH at
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QUESTIONS
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SEARCHThe National Consortium for Justice Information and Statistics
http://www.search.org