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NCJ Number: 120330 Find in a Library
Title: 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.)
Author(s): K F Schumann
Date Published: 1989
Page Count: 10
Sponsoring Agency: Walter de Gruyter & Co
1 Berlin 30, Germany United
Sale Source: Walter de Gruyter & Co
Genthiner Str 13
1 Berlin 30,
Germany (Unified)
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.
Main Term(s): Confidential records access; Right of privacy
Index Term(s): Consent search; Germany
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