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Sharing Criminal Justice Information with the Public Robert R. Belair Oldaker, Biden & Belair

2006 Symposium on Justice and Public Safety Information Sharing Plenary Session: Privacy: Understanding the Needs, Policy and Approach March 14, 2006. Sharing Criminal Justice Information with the Public Robert R. Belair Oldaker, Biden & Belair rrb@obblaw.com.

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Sharing Criminal Justice Information with the Public Robert R. Belair Oldaker, Biden & Belair

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  1. 2006 Symposium on Justice and Public Safety Information SharingPlenary Session: Privacy: Understanding the Needs, Policy and Approach March 14, 2006 Sharing Criminal Justice Information with the Public Robert R. Belair Oldaker, Biden & Belair rrb@obblaw.com

  2. Sharing CJI with the Public • The law addressing public access has not changed very much, but the technology and the business models have changed dramatically • Court records and arrest blotters were always publicly available – but now are automated • Traditionally, conviction information was publicly available but now easier, faster, cheaper for the public to obtain rap sheet type data

  3. Sharing CJI with the Public • Traditionally, the press publicized at least some arrests and criminal proceedings, but now memorialized and accessible through Internet search engines • And, some legal changes do promote public availability • Sex offender registries • Background check requirements

  4. Sharing CJI with the Public • What societal values are in play? • Interest in confidentiality • Public safety • Disparate impact on minorities • Promoting the meritocracy • Using information availability to punish offenders • Due process and presumption of innocence • Criminal justice efficacy • Criminal justice oversight • Rehabilitation and reentry

  5. Sharing CJI with the Public • What privacy rights can or should be protected? • Fair information practice rights • Relevancy? • Timeliness? • Transparency? • Consent? • Data quality? • Access and correction? • Accountability?

  6. Sharing CJI with the Public • Confidentiality • Make everything public? • Public status depends on type of record? • Public status depends on age of record? • Public status depends on intended use?

  7. Sharing CJI with the Public • When powerful values collide in a democracy, the result is likely to be compromise • Neither complete public availability nor complete confidentiality • Expect a dynamic and persistent debate • Expect technology to push law and policy in the direction of openness

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