Section 770.8 - Proxy Query to the Information Contained in a Shared Gang Database(a) A User shall not permit any other person access to their account. However, a User may disseminate information from a shared gang database via proxy query to conduct a search for a Non-User who demonstrates a right to know and a need to know. (1) The System Administrator shall either create a form that collects the information set forth in subdivision (a)(2) of this section or create a proxy query feature within the shared gang database and require that the information in subdivision (a)(2) be directly input into the shared gang database. If the information is directly input into the shared gang database, there shall be a way to print this information so that a copy of each proxy query request can be provided to the Department. The User shall provide the Department with a copy of each completed form or a copy of each proxy query request within 30 calendar days of conducting a proxy query.(2) The User shall require the Non-User to provide the following information: (A) First and last name of the requestor.(B) ID number (badge number or other identifier unique to this requestor only).(C) Email address of the requestor.(D) Agency the requestor represents.(E) Telephone number of the requestor.(F) The reason for the proxy query.(G) The direct report number, report number, incident number, or any corresponding number that would identify which source document the person who the record pertains to was referenced within.(3) If the System Administrator creates a form that collects the information set forth in subdivision (a)(2) of this section, and a Non-User has an urgent need to request a proxy query while in the field and is unable to complete the form, a proxy query may be conducted by a User if the following requirements are met: (A) The User receiving the urgent proxy query request from the Non-User shall request the same information from the Non-User that is contained in the form and retain that information until a completed form is received from the Non-User.(B) The User shall read the following statement to the Non-User: 1. All information from the shared gang database is protected criminal intelligence data. Under no circumstances shall information from the shared gang database be released to the public or the media. Information in the shared gang database is confidential and shall not be referred to in official reports. Information from the shared gang database shall not be accessed or used for any reason other than investigative purposes and shall not be used for the purposes of documenting immigration status or any other unlawful purpose. The database shall not be used for the purposes of enforcing federal immigration law, unless required by California state or federal statute or regulation; for military or employment screening purposes; or for non-criminal internal affairs investigations. However, this restriction does not prohibit the exchange of any information regarding a person's immigration or citizenship status pursuant to sections 1373 and 1644 of title 8 of the United States Code. Misuse of the shared gang database, or any information within it, may result in penalties, pursuant to Penal Code section 186.36.(C) The User shall notify the Non-User of the requirement to sign and send a form within 10 working days of the query.(D) The requesting Non-User shall agree to sign the form pursuant to subdivision (a)(3)(C), and shall send the signed form within 10 working days of the query.(E) The User is responsible for following up with the Non-User to ensure a signed form is provided. If a User is found to have conducted a proxy query and a signed form has not been sent by the Non-User within 10 working days of the query: 1. The System Administrator shall suspend or revoke the User's access unless the User can demonstrate that they attempted to contact the Non-User to retrieve a signed form if a signed form was not received within 15 working days of conducting the proxy query.2. A notation shall be made in the shared gang database for the non-compliant Non-User and the Non-User's agency, and future proxy query requests made by the Non-User and the Non-User's agency shall be denied until a signed form is received by the original User for the non-compliant Non-User.(b) A User shall not disseminate information to a Non-User through proxy query on a regular basis. If the same Non-User requests information through a proxy query more than 12 times per year, the User shall refer the Non-User to its System Administrator to inquire about gaining access to the shared gang database pursuant to Article 3 of this chapter. (1) The System Administrator shall audit proxy query usage annually and track the number of proxy query requests made by each Non-User. The System Administrator shall suspend or revoke the access of a User and/or a User Agency that allows more than 12 queries to be conducted by the same Non-User in a year.(2) Each calendar year, the System Administrator shall provide a copy of the proxy query audits to the Department. Each calendar year, the Department shall review the proxy query audits to ensure that those requesting information through proxy query have a need to know and a right to know.(c) Nothing in subdivision (a) limits the sharing of information in the shared gang database if permitted under Article 8 or Penal Code section 186.34 or 186.35.Cal. Code Regs. Tit. 11, § 770.8
1. New section filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20. Note: Authority cited: Section 186.36, Penal Code. Reference: Sections 186.34, 186.35 and 186.36, Penal Code.
1. New section filed 10-22-2020; operative 10/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.