NCJ Number
6390
Journal
Cornell Law Review Volume: 57 Issue: 4 Dated: (APRIL 1972) Pages: 571-620
Date Published
1972
Length
50 pages
Annotation
LEGAL RESTRICTIONS SHOULD BE PLACED ON THE MAINTENANCE AND DISSEMINATION OF PERSONAL DATA WHEN THE STATE IS THE RECORD CUSTODIAN.
Abstract
NEW YORK CITY USES THE YOUTH DIVISION PROCEDURE BY WHICH A YOUTH IS DETAINED, FOR ANY VARIETY OF REASONS BUT NEVER FORMALLY ARRESTED. ALTHOUGH NO PROSECUTION RESULTS, THE YOUTH IS REGISTERED AS A JUVENILE DELINQUENT AND THIS BECOMES PART OF A PERMANENT POLICE RECORD. A STATISTICAL STUDY CONCLUDED THAT HALF OF THE 1969 YOUTH DIVISION REPORTS WERE ISSUED FOR BEHAVIOR WHICH, EXERCISING DISCRETION DIFFERENTLY, MIGHT NOT HAVE BEEN ADMINISTRATIVELY ACTED UPON. THE MAJOR PROBLEM IN NEW YORK, AS WELL AS NATIONALLY, IS THAT POLICE DISCRETION HAS BECOME THE CRITICAL FACTOR IN DETERMINING HOW A JUVENILE WILL BE TREATED. MISUSE OF DISCRETION TOO OFTEN RESULTS IN A RECORD WHICH FOLLOWS THE YOUTH THE REST OF HIS LIFE. RECOMMENDATIONS ARE MADE CONCERNING COLLECTION AND DISSEMINATION OF PERSONAL DATA, LIMITS SHOULD BE PLACED ON ACCESS, CRITERIA OF RELEVANCY TO GOVERN DISSEMINATION AND THE AUTHORIZED SCOPE OF INQUIRY SHOULD BE ESTABLISHED AND A METHODOLOGY TO ASSURE OBJECTIVITY SHOULD BE FORMALIZED.