NCJ Number
56606
Date Published
1978
Length
12 pages
Annotation
LEGAL PROBLEMS ARISE WHEN POLICE COUNSELING FOR FRAUD LEADS TO CONFLICTS BETWEEN NECESSARY DISCLOSURE OF CONFIDENTIAL INFORMATION AND THE LEGAL OBLIGATION TO PROTECT OFFICIAL SECRETS.
Abstract
OFFICIAL INFORMATION WHICH IS CONFIDENTIAL CAN BE PROTECTED BY REFUSAL TO DIVULGE FACTS OR TO PROVIDE ACCESS TO DOCUMENTS BUT SUCH PROTECTION IS ONLY DEEMED NECESSARY AFTER THE MERITS OF DISCLOSURE HAVE BEEN CAREFULLY WEIGHED AGAINST THOSE OF CONFIDENTIALITY. INDIVIDUAL OFFICIALS, HOWEVER, ARE RELIEVED OF THE RESPONSIBILITY OF DECIDING WHAT MATERIAL CAN BE RELEASED; IN THE CASE OF POLICE COUNSELING THE RESPONSIBILITY IS ASSIGNED TO THE DIRECTOR OF THE DIVISION. EVEN WHEN OFFICIAL SECRETS ARE NOT IN JEOPARDY, THE POLICE COUNSELING SERVICE IS OBLIGATED TO PROTECT PERSONAL INFORMATION IF ITS DISCLOSURE MIGHT INTERFERE WITH THE FREE DEVELOPMENT OF THE INDIVIDUAL'S PERSONALITY, FREE COMPETITION OF BUSINESSES, OR THE FREEDOM OF OCCUPATIONAL CHOICE. HOWEVER, SECRETS MUST BE MADE PUBLIC WHEN THERE IS DANGER OF FRAUDULENT CONSPIRACY, BASIC RIGHTS VIOLATION, OR DAMAGE TO PROPERTY. IN WEIGHING DISCLOSURE AGAINST NONDISCLOSURE, VARIOUS FACTORS TO BE CONSIDERED ON BOTH SIDES INCLUDE WHETHER A DANGER OF MINIMUM INTENSITY EXISTS, WHETHER COUNSELING CAN PREVENT THE DAMAGE, WHETHER MEANS OTHER THAN DISCLOSURE CAN AVERT DAMAGES, WHETHER A WARNING OF POSSIBLE FRAUD IS APPROPRIATE, HOW MANY PEOPLE WOULD BE AFFECTED, HOW GREAT THE PROBABILITY OF SUCCESSFUL PREVENTION IS, WHETHER RIGHTS ARE ENDANGERED, HOW GREAT THE POTENTIAL DANGER IS, WHAT SOCIAL EFFECTS MIGHT BE, AND WHAT THE INTENT OF INVOLVED INDIVIDUALS IS. THE DISCLOSURE-NONDISCLOSURE CONFLICT MAY BE AVOIDED BY INFORMING AFFECTED PARTIES IN ADVANCE AND PERMITTING THEM TO CORRECT THEIR BUSINESS PRACTICES. --IN GERMAN. (KMD)