Download this Paper Open PDF in Browser

Policing, Databases and Surveillance: Five Regulatory Categories

National Constitution White Paper Series (2017, Forthcoming)

Academy for Justice: A Report on Scholarship and Criminal Justice (Erik Luna ed., 2017, Forthcoming)

Vanderbilt Law Research Paper No. 17-23

23 Pages Posted: 10 Apr 2017 Last revised: 30 Aug 2017

Christopher Slobogin

Vanderbilt University - Law School

Date Written: April 6, 2017

Abstract

Databases are full of personal information that law enforcement might find useful. Government access to these databases can be divided into five categories: suspect-driven; profile-driven; event-driven; program-driven and volunteer-driven. This paper recommends that, in addition to any restrictions imposed by the Fourth Amendment (which currently are minimal), each type of access should be subject to its own regulatory regime. Suspect-driven access should depend on justification proportionate to the intrusion. Profile-driven access should likewise abide by a proportionality principle but should also be subject to transparency, vetting, and universality restrictions. Event-driven access should be cabined by the time and place of the event. Program-driven access should be authorized by legislation and by regulations publicly arrived-at and evenly applied. Information maintained by institutional fiduciaries should not be volunteered unless necessary to forestall an ongoing or imminent serious wrong.

Suggested Citation

Slobogin, Christopher, Policing, Databases and Surveillance: Five Regulatory Categories (April 6, 2017). National Constitution White Paper Series (2017, Forthcoming); Academy for Justice: A Report on Scholarship and Criminal Justice (Erik Luna ed., 2017, Forthcoming) ; Vanderbilt Law Research Paper No. 17-23. Available at SSRN: https://ssrn.com/abstract=2947948

Christopher Slobogin (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

Paper statistics

Downloads
115
Rank
204,529
Abstract Views
371