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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJanuary 2015

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3. The Proposed Rules were published in the Delaware Register of Regulations on October 1, 2014, and were also placed on the DELJIS website. Written comments from the public were invited.
17. Said Regulations shall be cited as 1 DE Admin. Code 1301 Delaware Criminal Justice Information System Rules and Regulations.
NOW THEREFORE, for the reasons set forth above, IT IS ORDERED this 20th day of November, 2014, by the DELJIS Board of Managers, that having found that the proposed regulations are necessary as outlined herein, the Board finds that the regulations shall be adopted as final in the form as proposed. The exact text of the regulations, as amended, are attached to this order as Exhibit A. These regulations will become effective ten days following publication of this order in the Delaware Register of Regulations on January 1, 2015.
1.1 Authority. These regulations are promulgated pursuant to 11 Del.C. §8605 by the Delaware Criminal Justice Information System (DELJIS) Board of Managers.
The definitions set forth in 11 Del.C. §8602 are hereby adopted and incorporated by reference in these regulations. The following words and terms, when used in these regulations, shall have the following meaning unless the context clearly indicates otherwise.
"Access" means the physical or logical (electronic) privilege to view, modify, or make use of criminal justice information, whether directly or indirectly.
"Direct access" means access to CJIS via authorized and approved DELJIS credentials (i.e., ACF2User ID and password).
"Indirect access" means access to criminal justice information, in oral, online or printed form, by an individual without approved DELJIS credentials for direct access.
"Administrative leave" means a temporary leave from employment, including without limitation, extended leave, [military leave,] family medical leave, or suspension from an agency.
"Authorized Agency" means any criminal justice agency or governmental agency, as defined by 11 Del.C. §8602(3) and 11 Del.C. §8602(7) respectively, having access to the CJIS.
"Authorized User" means any employee, intern, extern, contractor, volunteer, or other individual or group of individuals, acting on behalf of an Authorized Agency, who has been appropriately vetted by DELJIS and has been granted access to criminal justice information.
"Board" means the Delaware Criminal Justice Information System Board of Managers established by 11 Del.C. §8603.
"Criminal history record information” or “CHRI" means a subset of CJI, set forth in 11 Del.C. §8602(2), that includes identifiable descriptions and notations of arrests, detentions, indictments, informations or other formal criminal charges, and any disposition arising therefrom, sentencing, correctional supervision and release.
"Criminal justice information” or “CJI" is an abstract term used to refer to all CJIS data necessary for Authorized Agencies to perform their mission and enforce the laws, including but not limited to: biographic or biometric data, identity history, person, organization, property, division of motor vehicles information, and/or case or incident history. In addition, CJI refers to the CJIS-provided data necessary for Authorized Agencies to make hiring decisions.
"Biographic data" means information about individuals associated with a unique case, and not necessarily connected to identity data. Biographic data does not provide a history of an individual, only information related to a unique case.
"Biometric data" means data derived from one or more intrinsic physical or behavioral traits of humans typically for the purpose of uniquely identifying individuals from within a population. Used to identify individuals, to include: fingerprints, palm prints, iris scans, and facial recognition data.
"Case or incident history" means all relevant information gathered about an individual, organization, incident, or combination thereof, arranged so as to serve as an organized record to provide analytic value for a criminal justice organization. In regard to criminal justice information, it is the information about the history of incidents.
"Identity history" means textual data that corresponds with an individual's biometric data, providing a history of criminal or civil events for the identified individual.
"Property data" means information about vehicles and property associated with a crime.
"Criminal Justice Information System” or “CJIS" means the computer hardware, software and communication network used for the collection, warehousing, and timely dissemination of relevant CJI to qualified law enforcement, criminal justice agencies and the courts, governmental agencies, and other agencies, that is managed, operated and maintained by DELJIS.
"Delaware Criminal Justice Information System” or “DELJIS" means the administrative body created within 11 Del.C. Ch. 86 that manages, operates, and maintains CJIS in the State of Delaware.
"Improper Access or Breach" means any improper dissemination, unauthorized use, or obtaining CJI, directly or indirectly, whether oral, online or printed form, without a specific business reason, and shall include access for the purpose of confirming the existence or non­existence of CJI or CJIS, or the transmission or non­transmission of information improperly obtained.
[Interstate Identification Index (Triple-I or III) means a national index containing automated criminal history record information maintained by the Federal Bureau of Investigation (FBI) at the National Crime Information Center, and accessible by appropriate Federal, state, and local law enforcement and other criminal justice agencies through the same network as NCIC.]
"National Crime Information Center” or “NCIC" means an information system that stores CJI that can be queried by appropriate Federal, state, and local law enforcement and other criminal justice agencies.
"National Instant Criminal Background Check System” or “NICS" means a system mandated by the Brady Handgun Violence Prevention Act of 1993 that is used by Federal Firearms Licensees to instantly determine via telephone or other electronic means whether the transfer of a firearm would be in violation of Section 922 (g) or (n) of Title 18, United States Code, or state law, by evaluating the prospective buyer's criminal history.
"Secondary dissemination" means the promulgation of CJI from an Authorized Agency to an agency or individual not authorized by Chapters 85 and 86 of Title 11 of the Delaware Code or these regulations.
"Serious motor vehicle violation" means any violation of the motor vehicle code that is classified as a felony or driving while under the influence
"Victim's copy" means the automated Victim's copy of a police report created pursuant to 11 Del.C. §9410. For purposes of these regulations, a Victim's copy includes all police report details up to but not including the police narrative or statement.
5.2 An application for [new or enhanced] access to CJIS shall be submitted to the DELJIS Security Manager on forms approved by the Board.
6.6 Authorized Agencies are responsible for notifying the DELJIS Security Manager or designee immediately [or as soon as practical] upon an Authorized User's departure (transfer, termination, resignation, or retirement) from the agency.
6.7 Authorized Agencies are responsible for notifying the DELJIS Security Manager or designee immediately [or as soon as practical] upon an Authorized User's administrative leave from the agency, if the administrative leave exceeds 24 hours or results in loss of agency privileges, identification credentials, or departmental weapon.
6.8 Authorized Agencies are responsible for notifying the DELJIS Security Manager or designee immediately [or as soon as practical] upon an Authorized User's arrest, charge, or conviction of a criminal violation or offense in any jurisdiction immediately upon receiving notification of the same.
6.9 Authorized Agencies are responsible for notifying the DELJIS Security Manager or designee immediately [or as soon as practical] upon discovery of an Authorized User's Improper Access or Breach.
6.10 Authorized Agencies are required to follow the Records Retention and Destruction procedures provided in Section 7.0, that require CJIS, NCIC[, or] NICS[, or Triple-I] information be [disposed of] securely [disposed of]. Whether the information is in a physical form (printout) or an electronic form (hard drive, flash drive, etc.) the information must be disposed of in such a way that unauthorized people cannot retrieve it. For most agencies, this means ensuring printed information is shredded onsite by the user.
7.1 All information retrieved via CJIS, NCIC[, or] NICS[, or Triple-I] is highly confidential and shall be afforded security to prevent unauthorized access to or use of that data. To prevent the misuse or improper dissemination of information, any printed information must be immediately destroyed after its intended use. Documents stored in electronic form (hard drive, flash drive, etc.) must be disposed of in such a way that unauthorized people cannot retrieve it. [Under no circumstances should printed information be maintained in any agency files or records, including, without limitation, in personnel files.]
7.2 [Under no circumstances should printed information be maintained in personnel files by any Authorized Agency or in court records by any Delaware court.
7.3] Printed information shall be destroyed by shredding as follows:
7.[32].1 In-state information, including CJIS information, may be shredded onsite or [added to the purge list and] delivered to the Delaware Public Archives for shredding[, and must follow the destruction protocols used by Delaware Public Archives in accordance with 29 Del.C. §504(b)]. [Regardless of who destroys the records, they must follow the destruction protocols used by Delaware Public Archives in accordance with 29 Del.C. §504(b) and U.S. Department of Justice, Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy at §5.8 (Media Protection).]
7.[32].2 Out-of-state information, including NCIC[, or] NICS[, or Triple-I] information, must be shredded onsite and witnessed or carried out by authorized personnel. Paper shredding service providers are prohibited from shredding printed information offsite, but may conduct agency supervised onsite shredding. Regardless of who destroys the records, they must follow the destruction protocols used by Delaware Public Archives in accordance with 29 Del.C. §504(b) [and U.S. Department of Justice, Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy at §5.8 (Media Protection)].
7.[43] Electronic information shall be destroyed as follows:
7.[43].1 The agency shall sanitize, that is, overwrite at least three times or degauss electronic media prior to disposal or release for reuse by unauthorized individuals. Inoperable electronic media shall be destroyed (cut up, shredded, etc.). The agency shall maintain written documentation of the steps taken to sanitize or destroy electronic media. Agencies shall ensure the sanitization or destruction is witnessed or carried out by authorized personnel and follow the destruction protocols used by Delaware Public Archives in accordance with 29 Del.C. §504(b) [and U.S. Department of Justice, Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy at §5.8 (Media Protection)].
13.3 At any hearing, a party may appear pro se or be represented by an attorney-at-law duly admitted to practice law in the State of Delaware or [by appear with] a union representative at his or her own expense. The appellant will have the right to appear and testify at the hearing; the right to call witnesses and to present other evidence in the form of testimony and/or documents; and the right to cross-examine any witnesses who may testify at the hearing.
Last Updated: December 31 1969 19:00:00.
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