Privacy and Young People: Controlling Anti-Social Behaviour Through Loss of Anonymity
EMERGING CHALLENGES IN PRIVACY LAW: EUROPEAN AND COMPARATIVE PERSPECTIVES, N Witzleb, D Lindsay, M Paterson and S Rodrick, eds., Cambridge University Press:UK, 229–256, 2014
22 Pages Posted: 24 Mar 2015
Date Written: March 23, 2015
This chapter explores the complex privacy issues that arise in establishing an appropriate balance between the privacy rights of young people and other public interests, such as the principle of ‘open justice’. In relation to adults the protection of privacy and confidentiality of persons involved in proceedings is traditionally subordinated to the public interest in open justice. However, in the case of young people it is generally considered that publicity can have lasting harmful effects and therefore publication of details of offending behavior by the young is strictly circumscribed. In recent years there have been challenges to the protection of young people’s privacy where they are involved in criminal and quasi-criminal proceedings. This chapter explores the rationales for, and appropriateness of, weakening the privacy protection afforded young people in relation to antisocial behavior orders (ASBOs) in the United Kingdom and Prohibited Behaviour Orders (PBOs) in Western Australia.
Keywords: Young People, Privacy, Anti-social behaviour, Crime prevention, Pre-crime measures, Labelling
JEL Classification: K10, K30, K14
Suggested Citation: Suggested Citation