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NCJ Number: 120331 Find in a Library
Title: Data Protection and Prevention (From Crime Prevention and Intervention: Legal and Ethical Problems P 227-236, 1989, Peter-Alexis Albrecht and Otto Backes, eds.)
Author(s): A Bullesbach
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: The right of informational self-determination demands that researchers, in order to gain access to data files, must explain to the person on the sought file in writing the intended use of the data and obtain their consent.
Abstract: The "Census Decision" by the German Federal Constitutional Court in 1983 guarantees the individual right to solely decide upon the disclosure and application of personal data. Exceptions are made only in the predominant general interest and require a legal basis in accordance with the constitutional principle of the clarity of norms. Until that decision, prevailing opinion held that discretion for data access should be left up to the agency in charge of the files. The new data protection must also take up the entire connection of social structural and societal-political information processing to minimize misuse by individuals and by misdirected societal crime prevention strategies. 21 notes, list of 5 selected references.
Main Term(s): Confidential records access; Right of privacy
Index Term(s): Consensus theory; Consent search; Germany
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