NCJ Number
47909
Date Published
1978
Length
5 pages
Annotation
THE STRENGHTS AND WEAKNESSES OF THE ACT ARE EXAMINED IN TERMS OF INFORMATION ACQUISITION, RETENTION, AND DISSEMINATION.
Abstract
THE RIGHT TO PRIVACY EXISTS ON BOTH THE STATE AND FEDERAL LEVEL. THEREFORE, THE RIGHT TO PRIVACY MAY BE OF CONSTITUTIONAL OR STATUTORY ORIGIN, THE DIFFERENCE BETWEEN THE TWO BEING THAT THE CONSTITUTIONAL RIGHT OF PRIVACY IS USUALLY THE FREEDOM FROM GOVERNMENT INVASIONS OF PRIVACY, WHILE THE STATE-ORIENTED RIGHT IS THE FREEDOM FROM INVASIONS BY PRIVATE PARTIES. ANOTHER RELATED CONCERN IS THAT SOME LAWS REGULATE OR PROHIBIT DISSEMINATION OF INFORMATION, THE ACQUISITION OF WHICH IS NOT CONSIDERED AN INTRUSION OR UNLAWFUL. THE PRIVACY ACT PROVIDES FOR CIVIL AND CRIMINAL LIABILITY FOR CERTAIN VIOLATIONS OF ITS PROVISIONS. AN INDIVIDUAL MAY SEEK A COURT ORDER ENJOINING A REFUSAL TO GRANT ACCESS FOR THE PURPOSE OF AMENDING A RECORD AND MAY RECOVER DAMAGES FOR AN INTENTIONAL OR WILLFUL RETENTION OF INACCURATE OR IRRELEVANT INFORMATION. CRIMINAL FINES MAY BE IMPOSED ON ANYONE WILLFULLY MAINTAINING A SYSTEM OF RECORDS WITHOUT COMPLYING WITH THE NOTICE REQUIREMENTS OF THE ACT, WILLFULLY DISSEMINATING INFORMATION IN VIOLATION OF THE ACT, OR REQUESTING OR OBTAINING INFORMATION UNDER FALSE PRETENSES. PROTECTION AGAINST UNWARRANTED ACQUISITION OF INFORMATION IS ONLY MINIMAL. THE PROBLEMS INVOLVED IN COMPLYING WITH THE ACT MAY DETER ADMINISTRATORS FROM ACQUIRING SENSITIVE NONESSENTIAL INFORMATION, EVEN IF THE ACT DOES NOT IN ITSELF FORBID ACQUISITION. (JSP)