Protecting Civil Liberties and Privacy
In addition to combating terrorism and fighting traditional crime, the Department of Justice (DOJ) is responsible for ensuring the fair administration of justice by protecting civil rights and civil liberties across all of its missions and functions. In some cases, the department has had long-standing obligations, such as fighting discrimination in voting and housing. In other cases in a post 9/11 environment, it has faced new responsibilities in protecting civil rights and civil liberties while implementing new counterterrorism tools and authorities. All of these responsibilities have posed a variety of challenges, such as the following:
- Concerns have been raised about the way in which DOJ’s Civil Rights
Division develops, implements, and communicates its investigative and enforcement
priorities as it meets its charge to enforce a broad range of laws prohibiting
discrimination on the basis of race, sex, disability, religion, and national
origin. We assessed the division’s priorities and investigations in
2000 and are now taking a current snapshot of similar issues.
GGD-00-192 (PDF)
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Individuals advocating on behalf of crime victims have raised concerns that the criminal justice system has overlooked the individual interests and needs of victims and has limited victims’ access to and participation in the prosecution of their cases, and Congress passed the Crime Victims’ Rights Act in 2004 to address some of these issues. Our ongoing work, among other things, is identifying challenges DOJ and the courts have faced in implementing the provisions of this act.
- For example, given the increase in the number of crime victims and indications of the DOJ’s lack of accurate victim contact information, the department has experienced some challenges in affording all crime victims their rights, such as the right to be notified in time about court proceedings in order to be able to participate in them.
- Concerns have been raised about the extent to which the department and
components have accounted for privacy and civil liberties protections in
utilizing sophisticated analytical techniques—such as data mining and
analysis to uncover hidden patterns and relationships—that support
the detection, identification, and tracking of individuals or entities that
pose threats to the United States.
Highlights of GAO-06-777T (PDF), Highlights of GAO-05-866 (PDF), and DOJ/OIG Federal Bureau of Investigation-s08-03b (PDF, 199 pages)
- DOJ has made strides in combating the crime of human trafficking as part
of its efforts to uphold the civil and constitutional rights of all Americans.
However, more collaborative and proactive strategies are needed to advance
and expand U.S. efforts to investigate and prosecute trafficking.
Highlights of GAO-07-915 (PDF)
^ Back to topWhat Needs to Be Done
- Congress and the administration will need to be vigilant to ensure that
the department maintains privacy and civil liberties protections within its
long-standing and traditional missions and builds in protections as it addresses
21st century challenges with new tools and authorities.
Highlights of GAO-08-603 (PDF), Highlights of GAO-06-777T (PDF), and Highlights of GAO-05-325SP (PDF)
- DOJ could better ensure crime victims are afforded their rights—for example, by taking steps to improve its ability to inform victims of court proceedings and other developments.
- With respect to combating the crime of human trafficking, a strategic framework
will be necessary to ensure DOJ resources are being expended with the greatest
return on investment and to sustain and expand a coordinated effort to investigate
and prosecute these crimes.
Highlights of GAO-07-915 (PDF)
^ Back to topKey Reports
- Privacy: Agencies Should Ensure That Designated Senior Officials Have Oversight of Key Functions
- GAO-08-603, May 30, 2008
- Summary (HTML) Highlights Page (PDF) Full Report (PDF, 42 pages) Accessible Text Recommendations (HTML)
- Human Trafficking: A Strategic Framework Could Help Enhance the Interagency Collaboration Needed to Effectively Combat Trafficking Crimes
- GAO-07-915, July 26, 2007
- Summary (HTML) Highlights Page (PDF) Full Report (PDF, 74 pages) Accessible Text Recommendations (HTML)
- Privacy: Key Challenges Facing Federal Agencies
- GAO-06-777T, May 17, 2006
- Summary (HTML) Highlights Page (PDF) Full Report (PDF, 26 pages) Accessible Text
- Data Mining: Agencies Have Taken Key Steps to Protect Privacy in Selected Efforts, but Significant Compliance Issues Remain
- GAO-05-866, August 15, 2005
- Summary (HTML) Highlights Page (PDF) Full Report (PDF, 82 pages) Accessible Text Recommendations (HTML)
- 21st Century Challenges: Reexamining the Base of the Federal Government
- GAO-05-325SP, February 1, 2005
- Summary (HTML) Full Report (PDF, 94 pages) Accessible Text
- Civil Rights Division: Selection of Cases and Reasons Matters Were Closed
- GGD-00-192, September 27, 2000
- Summary (HTML) Full Report (PDF, 124 pages)
- Department of Justice, Office of the Inspector General, A Review of the FBI's Use of National Security Letters: Assessment of Corrective Actions and Examination of NSL Usage in 2006,
- (Washington, D.C.: March 2008).
- DOJ Inspector General Report 08-03b (PDF, 187 pages)
- Department of Justice, Office of the Inspector General, A Review of the Federal Bureau of Investigation's Use of National Security Letters,
- (Washington, D.C.: March 2007).
- Department of Justice, Office of the Inspector General, The Department of Justice's Victim Notification System, 08-04
- (Washington, D.C.: January 2008).
- DOJ Inspector General Report 08-04
