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Originally Posted by arch13
While this never happens in practice, that safeguard exists for a reason, to prevent abuse to the system. The FBI or other federal agencies do not have unfettered access for this reason. Federal access is considered "In good faith" and is not enshrined in laws requiring said access. In other words, crime databases are shared at will because it is in the best interest of everyone to do so.
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When the government decides it's in the best interest to share information, they do it, unless there are criminal penalties for doing so, such as with tax information. Even with tax information, they often get around the restrictions if they really want to.
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Only fingerprints of those convicted (who through conviction abdicate some rights) or those that "donate" their fingerprints (for example to help prove innocence) may be kept indefinatly.
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Heh. I've never been criminally fingerprinted. I have been "voluntarily" fingerprinted dozens, if not hundreds, of times, for reasons as diverse as getting a CCW permit to getting a job.
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FOIA may only be exercised (freely) by citizens and NGO's. Federal agency's most get departmental approval to file an FOIA.
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Lots of agencies people think of as being governmental are technically not. For example, NPR and Public broadcasting are not considered to be governmental organizations. Strange, but true. And they CAN make FOIA requests, which the government must comply with.
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As I cannot legaly be compelled to provide a fingerprint for access to governmental functions as a citizen, I suspect that these will be defeated on the basis that these peices of information can also be defined as personal information not subject to government requirement.
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Try and buy a firearm regulated by the National Firearms Act. No fingerprints, no approval. Hell, try and cash a friggin CHECK with a value over a couple of thousand dollars, and you'll most likely be required to provide the bank a fingerprint, which they can and do GIVE to the government. Also, locally, the CLEO has "asked" (but actually requires) all pharmacies in town to get a fingerprint of people who have certain perscriptions filled. Those fingerprints are "voluntarily" turned over to the police every week. Pretty fucking scary, eh?
BTW, I'm not saying I SUPPORT ANY of this. I'm just telling you how things actually are already.