scholarly journals Digitizing and Disclosing Personal Data: The Proliferation of State Criminal Records on the Internet

2021 ◽  
pp. 1-31
Author(s):  
Sarah E. Lageson ◽  
Elizabeth Webster ◽  
Juan R. Sandoval
Keyword(s):  
Personal Data ◽  
The United States ◽  
Criminal Court ◽  
The Internet ◽  
Criminal Record ◽  
Criminal Records ◽  
Public Records ◽  
Internet Privacy ◽  
Court Proceedings ◽  
Public Disclosures

Digitization and the release of public records on the Internet have expanded the reach and uses of criminal record data in the United States. This study analyzes the types and volume of personally identifiable data released on the Internet via two hundred public governmental websites for law enforcement, criminal courts, corrections, and criminal record repositories in each state. We find that public disclosures often include information valuable to the personal data economy, including the full name, birthdate, home address, and physical characteristics of arrestees, detainees, and defendants. Using administrative data, we also estimate the volume of data disclosed online. Our findings highlight the mass dissemination of pre-conviction data: every year, over ten million arrests, 4.5 million mug shots, and 14.7 million criminal court proceedings are digitally released at no cost. Post-conviction, approximately 6.5 million current and former prisoners and 12.5 million people with a felony conviction have a record on the Internet. While justified through public records laws, such broad disclosures reveal an imbalance between the “transparency” of data releases that facilitate monitoring of state action and those that facilitate monitoring individual people. The results show how the criminal legal system increasingly distributes Internet privacy violations and community surveillance as part of contemporary punishment.

Cross Cultural Perceptions on Privacy in the United States, Vietnam, Indonesia, and Taiwan

2009 ◽  
pp. 284-299 ◽  
Author(s):  
Andy Chiou
Keyword(s):  
United States ◽  
Focus Groups ◽  
The United States ◽  
Cross Cultural ◽  
Future Research ◽  
The Internet ◽  
Single System ◽  
Cultural Perceptions ◽  
Internet Privacy ◽  
Different Cultures

In this chapter, the authors will briefly discuss some cross cultural concerns regarding Internet privacy. The authors believe that due to the cross cultural nature of the Internet itself, different cultures will tend to result in different concerns regarding Internet privacy. As such, there is no single system of protecting Internet privacy that may be suitable for all cultures. The authors also utilize focus groups from various countries spanning Asia and the United States to discover the differences between cultures. Hopefully an understanding of such differences will aid in future research on Internet privacy to take a more culture sensitive approach.

Internet Privacy from the Individual and Business Perspectives

2008 ◽  
pp. 1360-1365
Author(s):  
Tziporah Stern
Keyword(s):  
Personal Information ◽  
Personal Data ◽  
The Internet ◽  
Right To Privacy ◽  
Internet Privacy ◽  
Data Files ◽  
Community Networking ◽  
The Individual

People have always been concerned about protecting personal information and their right to privacy. It is an age-old concern that is not unique to the Internet. People are concerned with protecting their privacy in various environments, including healthcare, the workplace and e-commerce. However, advances in technology, the Internet, and community networking are bringing this issue to the forefront. With computerized personal data files: a. retrieval of specific records is more rapid; b. personal information can be integrated into a number of different data files; and c. copying, transporting, collecting, storing, and processing large amounts of information are easier.

Internet Privacy from the Individual and Business Perspectives

2011 ◽  
pp. 475-479
Author(s):  
Tziporah Stern
Keyword(s):  
Personal Information ◽  
Personal Data ◽  
The Internet ◽  
Right To Privacy ◽  
Internet Privacy ◽  
Data Files ◽  
Community Networking ◽  
The Individual

People have always been concerned about protecting personal information and their right to privacy. It is an age-old concern that is not unique to the Internet. People are concerned with protecting their privacy in various environments, including healthcare, the workplace and e-commerce. However, advances in technology, the Internet, and community networking are bringing this issue to the forefront. With computerized personal data files: a. retrieval of specific records is more rapid; b. personal information can be integrated into a number of different data files; and c. copying, transporting, collecting, storing, and processing large amounts of information are easier.

For Your Eyes-Only: United States Internet Privacy Laws Play Catch-Up With The European Union Data Directive

2011 ◽  
Vol 1 (2) ◽  
Author(s):  
Peter L. Banfe ◽  
Dexter R. Woods
Keyword(s):  
United States ◽  
European Union ◽  
Self Regulation ◽  
Personal Data ◽  
The United States ◽  
Current Approach ◽  
The European Union ◽  
Internet Privacy ◽  
Critical Issues ◽  
European Union Data

Global electronic commerce, driven by the development of the Internet, promises to be a key engine of growth in this century. One of the most contentious issues facing businesses today is the ownership and use of personal data. Europe has taken the lead in this area with a comprehensive approach, the European Union Data Directive, that became effective in 1998. This paper compares the European Union approach to Internet privacy with that of the United States. In comparing the two, the paper includes a brief discussion of current legislation under both approaches and also discusses critical issues in the debate for Internet privacy, including state-directed legislation vs. self-regulation, corporate privacy statements, and the opt-in versus opt-out approaches to consumer protection. The paper offers perspectives on whether the United States will adopt new Internet privacy legislation, and on the feasibility and repercussions of maintaining the current approach.

scholarly journals The application of the right to be forgotten in the context of criminal records expungement: the case law of the European Court of Human Rights and the case law of the us courts

1970 ◽  
pp. 379-389
Author(s):  
Anatoliy Lytvynenko
Keyword(s):  
Human Rights ◽  
Case Law ◽  
The United States ◽  
Criminal Record ◽  
Court Order ◽  
Right To Privacy ◽  
Criminal Records ◽  
Right To Be Forgotten ◽  
European Court ◽  
The Subject

The personal right to privacy, which had been elaborated in the jurisprudence of Anglo-American and Continental law states, has rapidly transmuted into modern forms owing to technological advancement of data maintenance and data processing which gradually involved photographing, fingerprints and various DNA data. At the dawn of the 20th century, a multitude of lawsuits concerning criminal records expungement broke out – therein, the plaintiffs tried to obtain a court order for destroying their criminal record data, as well as data relating to a suspicion in committing crimes. The mode of data dissemination to, e.g. employers, educational institutions, banking and credit institutions has repeatedly had a negative effect on plaintiffs’ lives. The United States case law has not once shown that even in the pre-computer era the maintenance of such personal data for an unlimited time period could frequently bring to deplorable consequences – for instance, the plaintiff lost his job or business, or was unable to take a loan, which brought to new lawsuits wherein the plaintiffs applied for a court order either to expunge, or to restrict the dissemination of their respective criminal records by the law enforcement agencies. However, the case law hints that such data was also disposed by banks and various governmental institutions. Similar actions were also lodged to the European Court of Human Rights since 1990s which brought the issue at an international level. Bearing in mind a series of various “right to privacy” interpretations, especially a “right to be forgotten”, the author suggests relating the aforesaid actions to the said category. This paper is stringently devoted to the “criminal record expungement” aspect of this right. The paper is subdivided into two parts. The first part deals with the jurisprudence of the European Court of Human Rights on the subject. Quite a few decisions have been delivered by the said Court. The majority of the described judgments were delivered after the actions had been commenced against the government of France for introducing the plaintiffs into digital offender databases with an extremely vague legal possibility of criminal data expungement, and only in one of the trials the plaintiff succeeded. The second part of the paper is devoted to an analysis of US case law on the subject. The author discusses several notable judgements delivered by courts of state and federal jurisdictions as well as conducts a generalization of a) conjectural negative consequences to plaintiff in case his data is maintained indefinitely; b) groups of judgments where the courts adher either to order to expunge criminal records, to return the folder with them to plaintiff, or to restrict their dissemination, or not to expunge them at all.

Rehabilitation in the internet age

2017 ◽  
Vol 64 (3) ◽  
pp. 269-275 ◽  
Author(s):  
Christopher Stacey
Keyword(s):  
Search Engines ◽  
The Internet ◽  
Criminal Record ◽  
Internet Search ◽  
Criminal Records ◽  
Search Results ◽  
Internet Age ◽  
Right To Be Forgotten ◽  
Media Reports

The Rehabilitation of Offenders Act 1974 provides people with criminal records protection from discrimination once their criminal record becomes ‘spent’. In this article, I highlight how media reports are increasingly available online and often mean spent convictions continue to be accessible to employers and others. However, I also look at a landmark case in 2014 that established a ‘right to be forgotten’, which enables people to ask for search results to be delisted from internet search engines. I examine to what extent this helps people with convictions.

Locked Out of College: When Admissions Bureaucrats Do and Do Not Discriminate

2021 ◽  
pp. 1-11
Author(s):  
Jacob R. Brown ◽  
Hanno Hilbig
Keyword(s):  
Private Colleges ◽  
The United States ◽  
Criminal Record ◽  
Criminal Records ◽  
Formerly Incarcerated ◽  
Black And White ◽  
College Selectivity ◽  
State And Society ◽  
School Finances ◽  
To Receive

AbstractHow does an individual's criminal record shape interactions with the state and society? This article presents evidence from a nationwide field experiment in the United States, which shows that prospective applicants with criminal records are about 5 percentage points less likely to receive information from college admission offices. However, this bias does not extend to race: there is no difference in response rates to Black and White applicants. The authors further show that bias is all but absent in public bureaucracies, as discrimination against formerly incarcerated applicants is driven by private schools. Examining why bias is stronger for private colleges, the study demonstrates that the private–public difference persists even after accounting for college selectivity, socio-economic composition and school finances. Moving beyond the measurement of bias, an intervention designed to reduce discrimination is evaluated: whether an email from an advocate mitigates bias associated with a criminal record. No evidence is found that advocate endorsements decrease bureaucratic bias.

Cross Cultural Perceptions on Privacy in the United States, Vietnam, Indonesia, and Taiwan

Cyber Crime ◽  
2013 ◽  
pp. 727-741
Author(s):  
Andy Chiou ◽  
Jeng-Chung Victor Chen ◽  
Craig Bisset
Keyword(s):  
United States ◽  
Focus Groups ◽  
The United States ◽  
Cross Cultural ◽  
Future Research ◽  
The Internet ◽  
Single System ◽  
Cultural Perceptions ◽  
Internet Privacy ◽  
Different Cultures

In this chapter, the authors will briefly discuss some cross cultural concerns regarding Internet privacy. The authors believe that due to the cross cultural nature of the Internet itself, different cultures will tend to result in different concerns regarding Internet privacy. As such, there is no single system of protecting Internet privacy that may be suitable for all cultures. The authors also utilize focus groups from various countries spanning Asia and the United States to discover the differences between cultures. Hopefully an understanding of such differences will aid in future research on Internet privacy to take a more culture sensitive approach.

Internet Users' Privacy Concerns and Beliefs About Government Surveillance

2010 ◽  
pp. 229-257
Author(s):  
Tamara Dinev ◽  
Massimo Bellotto ◽  
Paul Hart ◽  
Vincenzo Russo ◽  
Ilaria Serra ◽  
...  
Keyword(s):  
Structural Equation ◽  
The United States ◽  
Relative Magnitude ◽  
Equation Modeling ◽  
The Internet ◽  
Privacy Concerns ◽  
Internet Privacy ◽  
Perceived Need ◽  
Internet Users ◽  
Government Surveillance

The study examines differences in individual’s privacy concerns and beliefs about government surveillance in Italy and the United States. By incorporating aspects of multiple cultural theories, we argue that for both countries, the user’s decision to conduct e-commerce transactions on the Internet is influenced by privacy concerns, perceived need for government surveillance that would secure the Internet environment from fraud, crime and terrorism, and balancing concerns about government intrusion. An empirical model was tested using LISREL structural equation modeling and multigroup analysis. The results support the hypotheses with regard to direction and relative magnitude of the relationships. Italians exhibit lower Internet privacy concerns than individuals in the U.S., lower perceived need for government surveillance, and higher concerns about government intrusion. The relationships among the model constructs are also different across the two countries. Implications of the findings and directions for future work are discussed.

scholarly journals Disordered Punishment: Workaround Technologies of Criminal Records Disclosure and the Rise of a New Penal Entrepreneurialism

2019 ◽  
Vol 60 (2) ◽  
pp. 245-264 ◽  
Author(s):  
Alessandro Corda ◽  
Sarah E Lageson
Keyword(s):  
United States ◽  
Decision Making ◽  
The United States ◽  
Third Parties ◽  
Criminal Record ◽  
Criminal Records ◽  
Record Data ◽  
Decision Making Processes ◽  
Private Actors

Abstract The privatization of punishment is a well-established phenomenon in modern criminal justice operations. Less understood are the market and technological forces that have dramatically reshaped the creation and sharing of criminal record data in recent years. Analysing trends in both the United States and Europe, we argue that this massive shift is cause to reconceptualize theories of penal entrepreneurialism to more directly address the role of technology and commercial interests. Criminal records, or proxies for them, are now actively produced and managed by third parties via corporate decision-making processes, rather than government dictating boundaries or outsourcing duties to private actors. This has led to what we term ‘disordered punishment’, imposed unevenly and inconsistently across multiple platforms, increasingly difficult for both government and individuals to control.

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