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Criminal Law vs. Privacy Law: Where Should the Line Be?

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Abstract

This paper examines the conflict between criminal investigation interests and personal privacy rights, using the central question of whether a private investigator or internal auditor may breach privacy regulations to uncover fraud. Drawing on international examples — including Hong Kong's Personal Data (Privacy) Ordinance, the EU's consumer privacy initiatives, and an Italian court's criminal conviction of Google executives — the paper argues that the United States lags behind its international counterparts in protecting personal privacy. The author advocates for stronger U.S. privacy laws aligned with European standards and highlights Ken Anderson's "Privacy by Design" framework as a model for responsible personal information management.

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What makes this paper effective

Uses a concrete, practical question — whether a fraud investigator can legally breach privacy rules — as an entry point into a broader legal and policy debate.
Grounds abstract arguments in real-world examples, including an international conference, an EU regulatory milestone, and a landmark criminal conviction.
Builds toward a clear normative claim: U.S. privacy law should be reformed to match European standards, giving the paper a purposeful argumentative arc.

Key academic technique demonstrated

The paper uses comparative legal analysis to contrast U.S. privacy norms with those of Hong Kong, Italy, Canada, and the European Union. By placing domestic law alongside international frameworks, the author strengthens the argument for domestic reform without relying on opinion alone.

Structure breakdown

The paper opens with a hypothetical framing question, moves through a critique of U.S. privacy norms, surveys international regulatory models (PCPD, Privacy by Design, EU initiatives), presents the Google Italy conviction as a case study, and closes with a policy recommendation. This progression from question to evidence to conclusion is a standard short-essay structure appropriate for introductory law or ethics coursework.

Introduction: The Core Privacy Dilemma

This paper attempts to answer a fundamental question in the intersection of investigative practice and personal rights: Can a private investigator or internal auditor, for the sake of clarifying an allegation or suspicion of fraud, breach privacy regulations in order to access personal information? For the sake of argument, the answer here is no. This leads naturally to a second, broader question: Where should we draw the line between the public interest and the privacy interest?

Privacy in the United States

In the United States, the situation has almost reached a point where there is no meaningful privacy left. Anyone with access to a computer and the funds to pay for it can retrieve virtually any type of information about another person — including criminal records, employment records, driving records, and financial records. Television programs about private investigators and detectives routinely depict characters accessing detailed personal information about individuals at any time, without those individuals' knowledge or consent.

International Privacy Frameworks

In European countries and other common law jurisdictions, the situation is markedly different. In Hong Kong, for example, the Office of the Privacy Commissioner for Personal Data (PCPD) is an independent statutory body established to oversee enforcement of the Personal Data (Privacy) Ordinance (Cap. 486), which came into force on 20 December 1996.

On 13 June 2012, the PCPD held a conference attended by 260 delegates who discussed a range of privacy issues. One keynote speaker was Ken Anderson, Assistant Commissioner (Privacy) from Ontario, Canada, who presented on the topic "Privacy by Design: What's Been Happening?"

2 Locked Sections · 270 words remaining

Privacy by Design · 130 words

"Anderson's framework and international adoption"

The Google Italy Case and Its Implications · 140 words

"Criminal conviction over Italian privacy law"

Conclusion: Realigning U.S. Privacy Law

The Google Italy case sheds light on an even bigger concern: privacy laws in the United States need to be changed to align more closely with those of our European colleagues. People in the United States need to reclaim their right to privacy.

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Key Concepts in This Paper

Privacy by Design Personal Data Protection Fraud Investigation Personally Identifiable Information PCPD Hong Kong Criminal Liability EU Privacy Law Data Accountability Comparative Privacy Law Public vs. Private Interest