Problems of Access to Data and of the Right to Privacy in Criminological Research (From Crime Prevention and Intervention: Legal and Ethical Problems P 217-226, 1989, Peter-Alexis Albrecht and Otto Backes, eds.)

• NCJ Number: 120330
• Author(s): K F Schumann
• Date Published: 1989
• Length: 10 pages
• Sale Source: Walter de Gruyter & Co
• Publication Type: Issue Overview
• Language: English
• Country: West Germany (Former)

Annotation

An appropriate balance must be achieved between research interests and personal data privacy interests.

Abstract

Recent German laws have been implemented that make access to personal data by criminological researchers more difficult. Access was formerly granted with preference to State supported researchers and discrimination against universities, but currently all criminologists face difficulty. They must obtain statements of consent from persons on sought files. Access can also be denied for the following reasons: 1) the results might be used within the antagonistic structure of the criminal justice system e.g., by offenders or prisoners; 2) the results might destroy or contradict the legitimation of social control agencies; 3) there is no guarantee that the expectation of confidentiality about unlawful practices of the staff will be honored; 4) results might prove inefficient; and 5) results are not predictable and their risks and usefulness for the criminological justice system not calculable. Rather than granting unlimited access to data or requiring consent in all cases, a double-standard regulation should be enforced which grants access to control agency research without consent, but does require consent for etiological research. 14 references.