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COMPILATION OF STATE AND FEDERAL PRIVACY LAWS

NCJ Number
41683
Author(s)
R E SMITH; K D SNYDER
Date Published
1977
Length
222 pages
Annotation
THIS STATE-BY-STATE COMPILATION OF LAWS COVERING VARIOUS ASPECTS OF PRIVACY GIVES TITLE, ARTICLE, CHAPTER AND/OR SECTION CITATION AND A BRIEF SUMMARY OF THE LEGISLATION. FULL TEXTS OF REPRESENTATIVE STATUTES ARE INCLUDED.
Abstract
STATE AND FEDERAL LAWS ARE SUMMARIZED FOR: ARREST RECORDS; CONFIDENTIALITY OF BANK RECORDS; CREDIT REPORTING AND INVESTIGATION; CRIMINAL JUSTICE INFORMATION SYSTEMS; GOVERNMENT DATA BANKS; EMPLOYMENT RECORDS; MEDICAL RECORD; MISCELLANEOUS PROBLEMS SUCH AS SPECIAL LAWS RELATING TO MASSAGE PARLORS, PAWN SHOPS, PRECINCT REGISTERS, ETC.; USE OF POLYGRAPHING IN EMPLOYMENT; PRIVACY STATUTES AND STATE CONSTITUTIONS; PRIVILEGE; SCHOOL RECORDS; SOCIAL SECURITY NUMBERS; TAX RECORDS; AND WIRETAPS. IN ADDITION TO STATUTES GIVEN, IT IS NOTED THAT MANY STATE LAWS RELATING TO DRUG AND ALCOHOL, PSYCHIATRIC, MEDICAL, AND JUVENILE RECORDS HAVE STANDARD LANGUAGE REQUIRING CONFIDENTIALITY. MANY OTHER STATES HAVE 'FREEDOM OF INFORMATION' OR 'SUNSHINE' LAWS WHICH OPEN PUBLIC RECORDS TO SCRUTINY BUT EXEMPT CERTAIN RECORDS SUCH AS PUPIL RECORDS OR WELFARE RECORDS. ONLY A REPRESENTATIVE SAMPLE OF THESE STATUTES HAS BEEN GIVEN. BECAUSE OF THE UNIVERSAL NATURE OF LAWYER-CLIENT AND HUSBAND-WIFE PRIVILEGE, THESE STATUTES WERE NOT INCLUDED IN THE SECTION ON PRIVILEGE. STATE LEGISLATION WHICH IS BASED ON FEDERAL REQUIREMENTS FOR CHILD ABUSE AND PARENT LOCATOR RECORD SYSTEMS WAS NOT INCLUDED.