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

Sydney Law School Research Paper No. 15/20

22 Pages Posted: 24 Mar 2015

See all articles by Thomas Crofts

Thomas Crofts

The University of Sydney Law School

Date Written: March 23, 2015

Abstract

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

Crofts, Thomas, Privacy and Young People: Controlling Anti-Social Behaviour Through Loss of Anonymity (March 23, 2015). 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; Sydney Law School Research Paper No. 15/20. Available at SSRN: https://ssrn.com/abstract=2584297

Thomas Crofts (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Register to save articles to
your library

Register

Paper statistics

Downloads
43
Abstract Views
260
PlumX Metrics