1 Del. Admin. Code § 1301-15.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 1301-15.0 - CJI Records Retention and Destruction

15.1 All information retrieved via CJIS, NCIC, 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.

15.2 Printed information shall be destroyed by shredding as follows:

15.2.1 In-state information, including CJIS information, may be shredded onsite or delivered to the Delaware Public Archives for 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).

15.2.2 Out-of-state information, including NCIC, 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).

15.3 Electronic information shall be destroyed as follows:

15.3.1 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.

15.3.2 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.

15.3.3 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,

15.3.4 Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS) Security Policy at § 5.8 (Media Protection).

1 Del. Admin. Code § 1301-15.0

18 DE Reg. 552 (1/1/2015)
25 DE Reg. 270 (9/1/2021) (Final)