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4.2.2.2 Restrictions of data collection Crime data constitute a highly sensitive category of personal information. For this reason, their collection and processing by any private or public body other than the criminal justice agency of the State is usually prohibited in those countries who have adopted data protection laws. Exceptions are only made, if it can be shown that there are special or extraordinary reasons for gathering data about persons who have committed crimes(e. g. for the purpose of scientific research). This implies, inter-alia, that any authorisation may not be given to private investigators or trade companies for setting up data banks on lawbreakers or shoplifters, since the maintenance of such registers outside the criminal justice system has no legal reasoning 4.2.2.3 Data matching According to the principle of purpose specification, the use or disclosure of personal data for purposes other than originally specified is not allowed unless the data subject consents. This requirement reflects the essence of the right to self-determination. It may, however, be exempted in the public interest, such as the prevention and investigation of crime. As the United States Guidelines stress, such departures should be expressly specified in a law or equivalent regulation promulgated in accordance with the internal legal system which expressly states their limits and sets forth appropriate safeguards"(guideline 6) Consequently, the police on-line access to personal databases set up in other sectors of public administration should met this condition. This is the case in some Western European countries (e.g. Denmark, Germany, the Netherlands) where the integration of police files into a network and their combination with existing files of public nstitutions is expressly permitted by the law. Moreover, in most of these countries police investigation by computer screening is subject to supervision and approval of administrative (e.g. Denmark) or judicial (e.g. Germany 4.2.2. 4 Third party access to criminal recor a disclosure of personal data to the third party-not embraced by the original purpose of the data controller is an important issue in the context of third party access to criminal records. The criminal record system is not only intended to assist the judicial authorities in decision-making in individual cases, but also provide information for statistical and research purposes. Furthermore, it may serve as a source of useful information for other parties. The press, professional organisations, licensing authorities and employers are among those parties who most frequently seek to take advantage of information contained in this record. In a number of countries all of these parties are entitled to ask to be given extracts from criminal records, while in other countries only few of them are authorised to do so with a strong emphasis upon rehabilitation of offenders in the modern criminal policy, a visible tendency towards limiting the access of the third parties to the criminal records has occurred in many legal systems. The disabilities flowing from a record of conviction or arrest have been well documented by criminological research. A social stigma involved in these records makes it difficult for the convicted or arrested person to find a job, and this in turn prevents rehabilitation and may lead to recidivisT See: "Special Methods of Investigation for Combating Organised Crime,w. Gropp. European Journal of Crime, Criminal Law and Criminal Justice. no. 1. 1995 By the criminal records is meant any register of criminal decisions made in individual cases in the course of criminal proceedings, espective of what criminal justice authority is responsible for keeping it.4.2.2.2 Restrictions of data collection Crime data constitute a highly sensitive category of personal information. For this reason, their collection and processing by any private or public body other than the criminal justice agency of the State is usually prohibited in those countries who have adopted data protection laws. Exceptions are only made, if it can be shown that there are special or extraordinary reasons for gathering data about persons who have committed crimes (e.g. for the purpose of scientific research). This implies, inter-alia, that any authorisation may not be given to private investigators or trade companies for setting up data banks on lawbreakers or shoplifters, since the maintenance of such registers outside the criminal justice system has no legal reasoning. 4.2.2.3 Data matching According to the principle of purpose specification, the use or disclosure of personal data for purposes other than originally specified is not allowed unless the data subject consents. This requirement reflects the essence of the right to self-determination. It may, however, be exempted in the public interest, such as the prevention and investigation of crime. As the United States Guidelines stress, such departures should be `expressly specified in a law or equivalent regulation promulgated in accordance with the internal legal system which expressly states their limits and sets forth appropriate safeguards@ (guideline 6). Consequently, the police on-line access to personal databases set up in other sectors of public administration should met this condition. This is the case in some Western European countries (e.g. Denmark, Germany, the Netherlands) where the integration of police files into a network and their combination with existing files of public institutions is expressly permitted by the law. Moreover, in most of these countries police investigation by computer￾screening is subject to supervision and approval of administrative (e.g. Denmark) or judicial (e.g. Germany) authorities10 . 4.2.2.4 Third party access to criminal records A disclosure of personal data to the third party - not embraced by the original purpose of the data controller - is an important issue in the context of third party access to criminal records11. The criminal record system is not only intended to assist the judicial authorities in decision-making in individual cases, but also provide information for statistical and research purposes. Furthermore, it may serve as a source of useful information for other parties. The press, professional organisations, licensing authorities and employers are among those parties who most frequently seek to take advantage of information contained in this record. In a number of countries all of these parties are entitled to ask to be given extracts from criminal records, while in other countries only few of them are authorised to do so. With a strong emphasis upon rehabilitation of offenders in the modern criminal policy, a visible tendency towards limiting the access of the third parties to the criminal records has occurred in many legal systems. The disabilities flowing from a record of conviction or arrest have been well documented by criminological research. A social stigma involved in these records makes it difficult for the convicted or arrested person to find a job, and this in turn prevents rehabilitation and may lead to recidivism. 10 See: "Special Methods of Investigation for Combating Organised Crime", W. Gropp. European Journal of Crime, Criminal Law and Criminal Justice, no.1, 1995. _ 11 _ By the criminal records is meant any register of criminal decisions made in individual cases in the course of criminal proceedings, irrespective of what criminal justice authority is responsible for keeping it
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