NCJ Number
43518
Date Published
1977
Length
40 pages
Annotation
APPLICABLE STATUTORY LAW AND SELECTED COURT DECISIONS PERTAINING TO MAINTENANCE AND DISSEMINATION OF CRIMINAL JUSTICE DATA ARE EXAMINED; RECOMMENDATIONS ARE MADE TO MINIMIZE DATA MISUSE AND, THUS, LAWSUITS.
Abstract
THE ROLES OF THE DOCTRINES OF VICARIOUS LIABILITY, SOVEREIGN IMMUNITY, AND CIVIL OR OFFICIAL IMMUNITY IN PROTECTING CRIMINAL JUSTICE AGENCIES FROM LIABILITY ARE EXAMINED. THE CONCEPT OF VICARIOUS LIABILITY MAY ACTUALLY EXTEND LIABILITY WHEN A LOW-LEVEL EMPLOYEE MISUSES CRIMINAL JUSTICE INFORMATION WHILE PERFORMING AN ACT WITHIN THE SCOPE OF HIS DUTIES. THE VARIOUS TYPES OF LAWSUITS WHICH HAVE BEEN FILED FALL UNDER (1) STATUTORY LIABILITY, (2) CONSTITUTIONAL LIABILITY, AND (3) COMMON LAW OR TORT THEORIES. MISUSE OF DATA MAY OCCUR BECAUSE OF EITHER INTENTIONAL OR NEGLIGENT CONDUCT AND MAY INVOLVE ACCURATE AS WELL AS INACCURATE INFORMATION. ACTUAL LAWSUITS HAVE INVOLVED IMPROPER COLLECTION OF INTELLIGENCE INFORMATION, IMPROPER DENIAL OF ACCESS TO THE SUBJECT OF THE FILE, AND FAILURE TO KEEP RECORDS UP TO DATE, AS WELL AS UNAUTHORIZED DISSEMINATION OF BOTH ACCURATE AND INACCURATE RECORDS. ALTHOUGH SEVERE PENALTIES ARE POSSIBLE UNDER SOME STATUTES, THE MOST COMMON RELIEF IS INJUNCTIVE -- EITHER GRANTING ACCESS TO FILES OR PROHIBITING DISCLOSURE OF CERTAIN RECORDS. WHILE THESE INJUNCTIONS USUALLY POSE NO THREAT OF MONETARY DAMAGES, THEY CAN MEAN DRASTIC CHANGES IN INFORMATION-HANDLING PROCEDURES. ADMINISTRATORS SHOULD EXAMINE AN AGENCY'S LIABILITY WITH LEGAL COUNSEL AND PLAN TO AVOID PROBLEMS. TO SAFEGUARD AGAINST USE OF INACCURATE AND INCOMPLETE DATA, INDIVIDUALS SHOULD BE ALLOWED TO REVIEW ANY CRIMINAL HISTORY RECORD INFORMATION CONCERNING THEM AND TO CHALLENGE ENTRIES THAT MAY BE ERRONEOUS. ALL PERSONNEL SHOULD BE ALERTED TO THE POTENTIAL FOR LEGAL LIABILITY; TRAINING PROGRAMS FOR BOTH OPERATORS AND USERS OF MANUAL AND COMPUTERIZED INFORMATION SYSTEMS SHOULD EMPHASIZE THIS POINT. ACCESS TO COMPUTERIZED SYSTEMS SHOULD BE RESTRICTED TO CAREFULLY SCREENED PERSONNEL WHO ARE HELD TO STRICT STANDARDS OF CONFIDENTIALITY. PROCEDURES FOR SEALING AND PURGING DATA MUST BE DEVELOPED, AND PROCEDURES CONSTANTLY REVIEWED IN LIGHT OF CHANGING STATUTES AND COURT DECISIONS. CASES ARE CITED IN THE REPORT. A BIBLIOGRAPHY WITH 207 REFERENCES IS APPENDED.