NCJ Number
210760
Date Published
January 2005
Length
57 pages
Annotation
This report offers guidance to Australian criminologists in their attempt to navigate and manage the impact of laws that relate to the protection and disclosure of confidential and personal information that they gather in the course of their research.
Abstract
Criminological research typically involves handling information relating to illegal or sensitive activities. Researchers may need to negotiate the way they use the information with a range of parties. They navigate in an uncertain legal environment and with considerable change in statute and common law. This report, offered as an overview and guide, provides Australian criminologists and their institutions the ability to reach better informed decisions about legal risks. The report is presented in four sections. Section 1 reviews the occasions when criminologists and other researchers have faced legal difficulties as they attempted to protect confidentiality, gain access to, or release data. In section 2, a general overview of laws affecting the gathering, storage, use, and dissemination of research material reviewing laws relating to confidentiality, privacy, compelled disclosure, freedom of information, archives, and mandatory notification is provided. Section 3 identifies common issues of concern for researchers and the specific impact of key legal obligations and attendant risks. The final section concludes by considering some of the likely future legal developments. References