Criminals, Data Protection and the Right to a Second Chance

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Title: Criminals, Data Protection and the Right to a Second Chance
Authors: McIntyre, T.J.O'Donnell, Ian
Permanent link: http://hdl.handle.net/10197/9350
Date: Nov-2017
Online since: 2018-04-25T17:09:32Z
Abstract: In 2016 Ireland adopted its first legislation to allow for expungement of adult criminal records and, in doing so, highlighted a changing technological and legal context which challenges the assumptions underlying rehabilitation laws. The potential impact of convictions on individuals' life chances has increased as mandatory vetting has become more widespread. Even where vetting is not required, the practical obscurity of old convictions has been undermined by internet search engines which render criminal histories easily accessible. In the other direction, the European Court of Human Rights and the Court of Justice of the European Union have developed privacy and data protection principles which require states to limit the availability of information about old convictions. This article outlines the Irish legislation and use it as a case study to consider these wider issues, examining its legal context and how it illustrates the growing importance of European privacy and data protection norms in national criminal justice and rehabilitation systems.
Type of material: Journal Article
Publisher: The Irish Jurist
Journal: The Irish Jurist
Volume: 58
Start page: 27
End page: 55
Keywords: RehabilitationOffendersCrimeData protectionPrivacySpent convictions
Other versions: http://www.irishjurist.com/
Language: en
Status of Item: Peer reviewed
This item is made available under a Creative Commons License: https://creativecommons.org/licenses/by-nc-nd/3.0/ie/
Appears in Collections:Law Research Collection

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