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 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.
Chris Slobogin has authored more than 100 articles, books and chapters on topics relating to criminal law and procedure, mental health law and evidence. Named director of Vanderbilt Law School’s Criminal Justice Program in 2009, Professor Slobogin is one of the five most cited criminal law and procedure law professors in the country over the past five years, according to the Leiter Report, and one of the top 50 most cited law professors overall from 2005-2015, according to Hein Online. Particularly influential has been his work on the Fourth Amendment and technology and his writing on mental disability and criminal law, appearing in books published by the University of Chicago, Harvard University and Oxford University presses and in journals such as the Chicago Law Review, Georgetown Law Journal, Northwestern Law Review, Pennsylvania Law Review, Stanford Law Review and Virginia Law Review. Professor Slobogin has served as reporter for three American Bar Association task forces (on Law Enforcement and Technology; the Insanity Defense; and Mental Disability and the Death Penalty) and as chair of both the ABA’s task force charged with revising the Criminal Justice Mental Health Standards and the ABA’s Florida Assessment team for the Death Penalty Moratorium Implementation Project. He is currently an Associate Reporter for the American Law Institute's Principles of Police Investigation Project. In recognition for his work in mental health law, in 2016 Professor Slobogin received both the American Board of Forensic Psychology's Distinguished Contribution Award and the American Psychology-Law Society’s Distinguished Contribution of Psychology and Law Award; only a total of five law professors have received either of these awards in their 30-year history, and none has received both awards. Before joining Vanderbilt's law faculty, Professor Slobogin held the Stephen C. O'Connell chair at the University of Florida's Fredric G. Levin College of Law. He has also been a visiting professor at Stanford Law School, where he was the Edwin A. Heafey Visiting Scholar, as well as at Hastings, Southern California and Virginia law schools and at the University of Frankfurt Law School in Germany, the Montpellier Law School in France, and the University of Kiev, Ukraine, where he was a Fulbright Scholar. He has appeared on Good Morning America, Nightline, the Today Show, National Public Radio, and many other media outlets, and has been cited in almost 3,000 law review articles and treatises and more than 100 judicial opinions, including three U.S. Supreme Court decisions. Professor Slobogin holds a secondary appointment as a professor in the Vanderbilt School of Medicine's Department of Psychiatry.
Paper available here.
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