NCJ Number
52658
Date Published
1978
Length
42 pages
Annotation
NUMEROUS CASE HISTORIES ILLUSTRATE WAYS THE FREEDOM OF INFORMATION AND PRIVACY ACTS HAVE ERODED THE ABILITY OF LAW ENFORCEMENT AGENCIES TO COLLECT AND DISSEMINATE INFORMATION, HINDERING CRIMINAL APPREHENSION.
Abstract
DATA ON THE IMPACT OF THESE TWO ACTS WERE OBTAINED FROM THE BUREAU OF ALCOHOL, TOBACCO, AND FIREARMS (ATF), THE CIVIL SERVICE COMMISSION, THE DRUG ENFORCEMENT ADMINISTRATION (DEA), THE FEDERAL BUREAU OF INVESTIGATION (FBI), THE INTERNAL REVENUE SERVICE, AND THE UNITED STATES SECRET SERVICE. ALL AGREED THAT THEIR OPERATIONS HAD BEEN SERIOUSLY AFFECTED BY BOTH ACTS. THE FBI AND THE SECRET SERVICE BOTH REPORTED TROUBLE RECRUITING INFORMANTS BECAUSE THEIR IDENTITY COULD NO LONGER BE KEPT SECRET. THE SECRET SERVICE COULD NO LONGER GET RECORDS ON PATIENTS FROM MENTAL HOSPITALS WITHOUT A COURT SUBPOENA, WHICH HAMPERED OPERATIONS BECAUSE MOST THREATS TO THE LIFE OF THE PRESIDENT COME FROM PERSONS WITH A HISTORY OF MENTAL PROBLEMS. THE FBI ALSO REPORTED THAT STATE AND LOCAL POLICE OFFICIALS WOULD NO LONGER COOPERATE ON CRIME INVESTIGATIONS BECAUSE INFORMANTS WOULD BE EXPOSED THROUGH THE FREEDOM OF INFORMATION ACT. ANALYSIS OF FREEDOM OF INFORMATION REQUESTS TO THE THE FBI SHOWED THAT 30 PERCENT CONCERN CRIMINAL FILES. DEA OFFICIALS SAID 40 PERCENT OF REQUESTS ARE FROM PRISONERS ASKING NOT ONLY FOR FILES, BUT ALSO FOR AGENT INSTRUCTION MANUALS AND LABORATORY MATERIALS DESCRIBING DRUG MANUFACTURING PROCESSES. ATF REPORTED 50 PERCENT OF ITS REQUESTS ARE FROM PRIOR OFFENDERS. USE OF THESE FILES TO REVEAL INFORMANTS IS DETAILED. MANY CASES ALSO DOCUMENT LACK OF COOPERATION FROM PRIVATE FIRMS DUE TO FEAR OF LAWSUIT UNDER THE PRIVACY ACT. OTHER CASES ILLUSTRATE LACK OF COOPERATION FROM THE SOCIAL SECURITY ADMINISTRATION AND OTHER FEDERAL AGENCIES. THE EXPENSES RESULTING FROM RECORDKEEPING REQUIRED BY THE ACTS ARE ALSO DETAILED. (GLR)