Is criminal background personally identifiable information?

Is Criminal Background Personally Identifiable Information?

In today’s digital age, the lines between personal and non-personal information have become increasingly blurred. As a result, the concept of personally identifiable information (PII) has undergone significant changes. One question that has sparked debate and controversy is whether criminal background information constitutes PII.

Direct Answer: No, Criminal Background Information is Not Generally Considered Personally Identifiable Information

Under the definition of PII provided by the United States Department of Commerce, personally identifiable information is "information that can be used to identify an individual." This typically includes, but is not limited to, an individual’s name, address, social security number, biometric data, and online identifier.

Criminal background information, on the other hand, is generally considered a non-personally identifiable piece of information. While it may contain identifying information such as a name and address, it is primarily used for law enforcement purposes and does not directly reveal an individual’s unique characteristics, preferences, or biographical data.

However, There Are Exceptions and Considerations

While criminal background information is not generally considered PII, there are exceptions and considerations to keep in mind:

• State laws: Some states have laws that explicitly classify criminal history records as PII. For example, California law defines criminal justice records as PII.
• Privacy laws: The General Data Protection Regulation (GDPR) in the European Union defines sensitive personal data, which includes criminal convictions and offenses.
• Redaction and anonymization: Criminal background information may need to be redacted or anonymized to protect an individual’s privacy. For instance, in some cases, employers may need to remove sensitive information, such as social security numbers or dates of birth, before sharing an individual’s criminal history.

The Role of Law Enforcement and Government Agencies

Law enforcement agencies and government agencies have access to criminal background information, which they use for a variety of purposes, including:

• Background checks: Agencies may conduct background checks on individuals before hiring them or granting them access to sensitive information.
• Crime investigation and prevention: Law enforcement agencies use criminal background information to investigate and prevent crimes.
• Immigration and border control: Government agencies use criminal background information to screen individuals entering the country or applying for visas.

The Implications of Treating Criminal Background Information as PII

If criminal background information were considered PII, it could have significant implications:

• Increased protections: Individuals with criminal records might enjoy stronger privacy protections, such as the right to be notified before their information is shared or accessed.
• Access and disclosure limitations: Law enforcement agencies and government agencies might face limitations on accessing and disclosing criminal background information, potentially hindering their ability to perform their duties.
• Privacy risks: Treating criminal background information as PII could lead to a risk of identity theft, as criminals could use stolen or compromised information to obtain fake identification documents.

Conclusion

In conclusion, criminal background information is generally not considered personally identifiable information under the traditional definition. However, there are exceptions and considerations to keep in mind, particularly in light of state laws, privacy regulations, and the role of law enforcement and government agencies.

While the concept of PII continues to evolve, it is essential to strike a balance between protecting individual privacy and allowing law enforcement agencies and government agencies to access the information they need to perform their duties.

Table: Examples of PII

References

• United States Department of Commerce, "Privacy Framework" (2010)
• California Government Code, § 1798.24
• European Union General Data Protection Regulation, Article 9(1)

Note: The references provided are general references and not specific to the topic of criminal background information as PII.