Sign Up Now
Get instant access to over 1 million+ study documents
OR
Already registered? click here to login
By creating your account, you agree to our terms of service, privacy policy and student honor code.
Criminal Laws vs. Privacy Laws
This paper will attempt to answer the question, "Can a private investigator or internal auditor, for the sake of clarifying an allegation/suspicion of fraud, breach the privacy regulations in order to access some personal information?" For the sake of argument, we will say that the answer is "No." This leads to another question, "Where should we draw the line between public interest and privacy interest?"
Here in the United States, it has almost gotten to the point where there is no privacy anymore. Anyone with access to a computer and the money to pay for it can pull up any type of information wanted or needed about another person. This includes criminal records, employment records, driving records and monetary records. If you watch television shows about private investigators or detectives, you see that they can access any information about an individual at any time, without the person's permission.
In European countries and other "common law" countries, there is a big difference. For example, in Hong Kong, "the Office of the Privacy Commissioner for Personal Data (PCPD)...
486) which came into force on the 20th December, 1996." (PCPD)
PCPD had a conference on 13th June, 2012 which was attended by 260 delegates and they discussed different types of privacy issues. One of the keynote speakers was Ken Anderson, Assistant Commissioner (Privacy) from Ontario (Canada) who spoke on Privacy by Design: What's Been Happening? In his presentation he stated the following definition:
Personally-identifiable information ("PII") can be biographical, biological, genealogical, historical, transactional, locational, relational, computational, vocational or reputational, and is the stuff that makes up our modern identity
Personal information must be managed responsibly. When it is not, accountability is undermined and confidence in our evolving information society is eroded.
He also stated facts about how the international community is working towards embracing his "Privacy By Design" pardigm. For example, in December 2010, the U.S. Federal Trade…
References
Anderson, K. Privacy by Design, Retrieved from http://privacybydesign.ca/content/uploads/2011/11/PbRD-framework.pdf July 9, 2012.
Office of the Privacy Commissioner, Hong Kong; Retrieved from http://www.pcpd.org.hk/english/about/role.html July 9, 2012.
Gordon, P.L., What Does the Criminal Conviction for Privacy Law Violations of Three Google Executives in Italy Mean for Multi-National Employers in the U.S.
March 9, 2010, Privacy and Data Protection Practice Group . Retrieved from http://privacyblog.littler.com/2010/03/articles/international-privacy-law/what-does-the-criminal-conviction-for-privacy-law-violations-of-three-google-executives-in-italy-mean-for-multinational-employers-in-the-us / July 9, 2012.
Criminal Law Foundations Evaluation Criminal Law Foundations Paper Constitution signifies different political contexts safeguarding the well-being of the citizens, as well as, the convicts in the state. The constitution gives an integrated model of a republic that dictates the roles, responsibilities of different arms of the legal and criminal justice system that ensure social equity and coercion. It is recognizable that each state has a unique political system characterized by "checks and
However, even if they had a warrant, the entering would still in all likelihood be considered an illegal search and seizure. All warrants must be proper. In order to be proper it must be based on probable cause. There is no probable cause that the embezzlement was occurring inside the home, thus the entering of the home lacks probable cause and the warrant is not proper. However, even if a
criminal law. A comprehensive research, primary and secondary, was conducted in order to gather relevant information about crime, criminal law and crimes against a person. This study can help understanding the mechanism that deals with the criminal law. Crime is an integral part of the everyday life and is a salient fact in today's world. In the opinion of public as well as the scholars, crime is usually linked with
Criminal Proceedings -- Probable Cause The Law information site provided by Cornell University defines probable cause as the requirement that is found in the Fourth Amendment to the Constitution that "…must usually be met before police make an arrest" or conduct a search or get a warrant from a judge (www.law.cornell.edu). Most courts find probably cause a justifiable reason to issue a warrant when there is "…a reasonable basis for believing
Criminal Justice Gaetz, S. (July 2004). Safe streets for whom? Homeless youth, social exclusion, and criminal victimization. Canadian Journal of Criminology & Criminal Justice. This journal article reports the researcher's survey findings regarding the prevalence of victimization among street youths compared to domiciled youths. Gaetz defines the street youth operatively as "people up to the age of 24 who are 'absolutely periodically, or temporarily without shelter, as well as those who are
Criminal Justice System Ever since gaining independence status, both Mozambique and Zimbabwe have come under the scanner for violation of human rights incidences and extrajudicial excesses. The under trials, often arrested without formal sanctions have been continually processed through undemocratic norms and subjected to undue treatment when in confinement and under the control of policing authorities in spite of the fact that statutory provisions in the constitution provide assured guarantee