Ala. Admin. Code r. 265-X-2-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 265-X-2-.02 - Criminal Justice Information Dissemination Policies And Procedures

(1) Criminal-History Record Information (CHRI).

(a) Criminal Justice Agencies. Criminal justice agencies, upon completion of a privacy and security agreement as specified in this rule, shall be authorized direct access to criminal history record information for the following purposes:

1. Functions related to the administration of criminal justice.

2. Criminal justice agency pre-employment screening and job assignment decisions.

3. Criminal history record information may be disseminated directly to federal agencies and agencies of other states only if they are criminal justice agencies within the meaning of these rules.

(b) Non-criminal Justice Agencies. The following types of non-criminal justice agencies may be authorized indirect access to criminal history record information upon approval by the appropriate authority and completion of a privacy and security agreement:

1. Agencies authorized by state or federal statute or court order to have access to criminal history information may be granted indirect access to such information. Dissemination will be through the ACJIC or designated criminal justice agencies. Application for access to criminal history information under this paragraph shall be addressed to the ACJIC director.

2. Agencies or individuals may be authorized access to criminal history record information for the express purpose of research, evaluative, or statistical activities pursuant to a specific agreement with the ACJIC and with the approval of the ACJIC director. Individuals or agencies seeking access under this paragraph shall submit to the ACJIC a completed research design that assures the security and confidentiality of the data. Dissemination of criminal records pursuant to this paragraph will be through the ACJIC.

3. Employers may be granted a subscription to access the Alabama Background Check (ABC) System in order to receive ABC reports pertaining to employees or prospective employees or other purposes as allowed by law. (See Appendix E.) Employers may also designate a third party to receive this information on their behalf by entering into a "third party users' agreement" with ACJIC. (See Appendix F.) Employers and/or the employer's "Third Party User" may only request ABC reports for employees or prospective employees once a "right to know" has been established. Third Party Users may not provide and/or share ABC reports with any external agent or entity other than the "employer" for which the reports were requested.

4. The use of the criminal history information provided by ACJIC through the Alabama Background Check (ABC) System shall be limited to the purposes for which it was released. Dissemination will be through the ACJIC and application for records under this section shall be in writing to the ACJIC Director or through the Alabama Background Check (ABC) System administered by ACJIC. Fees shall be charged for disseminating such records. Such fees shall be set from time to time by resolution of the Commission as deemed appropriate.

(2) Privacy and Security Agreements. Each agency or individual authorized access to criminal history record information, whether directly or through any intermediary, shall enter into a privacy and security agreement with the ACJIC.

(a) Criminal justice agencies shall agree to the following:

1. To receive, store, use, and disseminate criminal history record information in strict compliance with state and federal statutes and regulations governing criminal history record information.

2. To make its records available to the ACJIC for the purpose of conducting periodic audits to determine compliance with statutes and regulations governing criminal history record information.

3. To keep such records as the ACJIC may require to facilitate such audits.

(b) Non-criminal justice agencies shall agree to the following:

1. To receive, store, and use criminal history record information in strict compliance with state and federal statutes and regulations governing criminal history record information.

2. To restrict the use of criminal history record information to the purposes for which it was provided and disseminate it no further.

3. To keep such records as the ACJIC may require and to make those records available for audit to determine compliance with appropriate statutes and regulations.

4. To familiarize personnel working with or having access to criminal history record information with the appropriate statutes and regulations governing such information.

(3) General Policies on the Use and Dissemination of Criminal History-Record Information.

(a) Criminal history records obtained from the National Crime Information Center (NCIC) through the ACJIC are subject to the policies promulgated by the NCIC Advisory Policy Board.

(b) No agency or individual having access to criminal history record information maintained by the ACJIC, whether directly or through any intermediary, shall confirm the existence or nonexistence of such information to any person or agency that would not be eligible to receive the information itself.

(4) System Logs. The dissemination of system logs, as defined herein, shall be limited to the following:

(a) The ACJIC staff, as authorized by the Director, when necessary for the performance of their duties;

(b) The director of the department, agency, or other entity whose activity the report concerns;

(c) To any other person or entity upon order of a court of competent jurisdiction; or

(d) Upon formal, written request to the ACJIC director, to a criminal justice agency conducting an official investigation of alleged or suspected criminal activity in which said records may be useful to the investigating authority.

(5) Information Contained in the Law Enforcement Data Systems (LEDS). Records and information contained in the computerized files of the ACJIC's Law Enforcement Data system may be disseminated to non-criminal justice agencies and individuals pursuant to the following restrictions:

(a) Individually identifiable information may be released by an agency having direct access to LEDS information if a responsible official of that agency determines that it would be in the best interest of law enforcement to release the information.

(b) Data not individually identifiable may be released to any non-criminal justice agency or individual.

(c) The information is released to an employer as defined in this administrative rule (or its third party designee), with a valid subscription to ACJIC's Alabama Background Check (ABC) System.

Ala. Admin. Code r. 265-X-2-.02

Filed June 24, 1987. Amended: Filed July 25, 2006; effective August 29, 2006. Amended: Filed July 29, 2008; effective September 2, 2008.

Author: Becki R. Goggins

Statutory Authority:Code of Ala. 1975, §§ 41-9-621, 41-9-636, 41-9-642.