Megan's Law and other sexual predator laws are statutes promulgated in most states that require sex offenders to register with police authorities when they move into a neighborhood. Furthermore, many such statutes require that specific notice be given to occupants in the neighborhood naming the offender and providing his or her picture and address. Discuss the legality of these mandatory

Question

disclosure laws with regard to the FOIA and the Privacy Act.

What will be an ideal response?

Answer 1

The FOIA requires that the government disclose information in its possession subject to nine exemptions. One such exemption addresses law enforcement records. Because the offender's trial and conviction have already occurred, there is no danger that a proceeding will be impeded nor would the information disclosed identify sources or disclose techniques. This exemption would therefore not apply. The Privacy Act requires that the government not disclose private information about an individual unless one of eleven exemptions applies or consent to disclosure is given. It is arguable that the exemption pertains to compelling circumstances where the health and safety of a person is at issue. Because many sexual offenders exhibit recidivism, it is easily argued that the public, particularly children, are at risk when in contact, or even proximity, with such offenders. The balancing of the offender's interests to privacy is outweighed by the public's legitimate interest in being informed. A second argument permitting disclosure is that because the trial is a public record, there is not a privacy right for the offender to protect.