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PRIVACY AND POLICE INTELLIGENCE DATA BANKS - A PROPOSAL TO CREATE A STATE ORGANIZED CRIME INTELLIGENCE SYSTEM AND TO REGULATE THE USE OF CRIMINAL INTELLIGENCE INFORMATION

NCJ Number
48597
Journal
Harvard Journal on Legislation Volume: 14 Issue: 1 Dated: (DECEMBER 1976) Pages: 1-110
Author(s)
H L DRAPER
Date Published
1976
Length
111 pages
Annotation
THE ADVANTAGES OF ORGANIZED CRIME INTELLIGENCE SYSTEMS ARE DISCUSSED, AND A COMPREHENSIVE MODEL ACT IS PROPOSED, CREATING A STATE-LEVEL ORGANIZED CRIME INTELLIGENCE UNIT AND REGULATING THE USE OF ITS INFORMATION.
Abstract
AN OVERVIEW OF POLICE INFORMATION SYSTEMS IS PRESENTED, WITH PARTICULAR ATTENTION PAID TO THE GENERAL AND SPECIFIC CHARACTERISTICS OF INTELLIGENCE SYSTEMS. ORGANIZED CRIME IS IDENTIFIED AS HAVING METHODS OF OPERATION THAT MAKE IT ESPECIALLY DIFFICULT TO THWART WITHOUT EFFECTIVE INTELLIGENCE UNITS. PRIVACY PROBLEMS ARE CATEGORIZED AND DISCUSSED, AND AN EXAMINATION SHOWS THAT PRESENT LEGAL CONTROLS ON INTELLIGENCE SYSTEMS ARE INADEQUATE, WITH THE CHIEF SAFEGUARD AGAINST ABUSE BEING ADMINISTRATIVE SELF-RESTRAINT. IT IS CONTENDED THAT THE EXISTING LEGAL VACUUM CAN BE FILLED BY STATES ENACTING LEGISLATION SETTING STANDARDS AND PROCEDURES FOR REGULATING ALL INFORMATION CONNECTED WITH SUCH SYSTEMS. AREAS OF PRIMARY IMPORTANCE IN THE DESIGN OF A STATE ORGANIZED CRIME INTELLIGENCE SYSTEM MENTIONED ARE: MAKING POLICE AWARE OF PRIVACY CONCERNS; REGULATING INFORMATION INPUT; REGULATING COMPUTERIZATION AND SYSTEM SECURITY; SETTING DISSEMINATION STANDARDS; AND DETERMINING THE ROLE OF COURTS IN ENFORCEMENT. THE MODEL LAW PROPOSED ATTEMPTS TO COVER ALL THESE AREAS. THE VARIOUS SECTIONS OF THE MODEL LAW ARE FOLLOWED BY AUTHOR COMMENTS. (RCB)