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Policing, Databases, and Surveilance

dc.contributor.authorSlobogin, Christopher
dc.identifier.citation13 Actual Problems of Economics & Law 1093 (2019)en_US
dc.descriptionarticle published in a journal of economics and jurisprudenceen_US
dc.description.abstractDatabases are full of personal information that law enforcement might find useful. Government access to these databases can be divided into five categories: suspect-driven; profile-driven; event-driven; program-driven and volunteer-driven. This paper recommends that, in addition to any restrictions imposed by the Fourth Amendment (which currently are minimal), each type of access should be subject to its own regulatory regime. Suspect-driven access should depend on justification proportionate to the intrusion. Profile-driven access should likewise abide by a proportionality principle but should also be subject to transparency, vetting, and universality restrictions. Event-driven access should be cabined by the time and place of the event. Program-driven access should be authorized by legislation and by regulations publicly arrived-at and evenly applied. Information maintained by institutional fiduciaries should not be volunteered unless necessary to forestall an ongoing or imminent serious wrong.en_US
dc.format.extent1 PDF (23 pages)en_US
dc.publisherActual Problems of Economics and Lawen_US
dc.subjectlaw enforcementen_US
dc.subjectFourth Amendmenten_US
dc.subjectpersonal informationen_US
dc.subject.lcshprivacy lawen_US
dc.titlePolicing, Databases, and Surveilanceen_US
dc.title.alternativeFive Regulatory Categoriesen_US

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