NCJ Number
189175
Journal
European Journal on Criminal Policy and Research Volume: 9 Issue: 1 Dated: Spring 2001 Pages: 95-103
Date Published
2001
Length
9 pages
Annotation
This article explores the exchange of personal information between agencies working with drug users and the "problems" created by confidentiality.
Abstract
Confidentiality may be conceptualized as a form of information privacy, which in turn derives from a wider idea of privacy. The article presents a case study, the "Wintercomfort Case", concerning a day center for drug users in Cambridge, England. The focus is on the legal and practice implications of the case, and the tensions between welfare and justice agencies that may have access to the same information, but may also have different agendas and objectives in taking action. There is constant tension between the right of privacy and confidentiality and the need of criminal justice agencies to intrude upon that area of privacy to prevent, detect, or prosecute crime. The Data Protection Act 1998 lays down the principle that information obtained for one purpose should not be used for another, but allows for exceptions. The article cites Amitai Etzioni's criteria to be met when privacy may have to give way to the greater public good: (1) there is a clear and present danger to society; (2) there is no other way; (3) the intrusion is minimal; and (4) measures are in place to remove undesirable side effects. References