1 Del. Admin. Code § 1301-2.0
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., ACF2 User 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.
"Agency Coordinator" or "AC" means the staff member of a CGA who manages the agreement between the Contractor and agency.
"Authorized Agency" means any criminal justice agency or governmental agency, as defined by 11 Del.C. § 8502(5) and 11 Del.C. § 8502(10) 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.
"CJIS Security Addendum" means a uniform agreement signed by any Contractor interfacing with DELJIS or maintaining CJI that helps ensure the security and confidentiality of CJI. A copy of the CJIS Security Addendum is available at http://deljis.delaware.gov/policies.
"Contracting Government Agency" or "CGA" means a government agency, whether a Criminal Justice Agency or a Noncriminal Justice Agency, that enters into an agreement with a private contractor.
"Contractor" means a private business, agency or individual that has entered into an agreement for the administration of criminal justice or noncriminal justice functions with a Criminal Justice Agency or a Noncriminal Justice Agency.
"Criminal history record information" or "CHRI" means a subset of CJI, set forth in 11 Del.C. § 8502(4), 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" means all Criminal Justice Information System data. The term includes: criminal history record information; biographic data; biometric data; identity history; person, organization, property, or Division of Motor Vehicles data; case or incident history; and other data necessary for authorized agencies to make hiring decisions, perform their mission, and enforce the laws of this State.
"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.
1 Del. Admin. Code § 1301-2.0
26 DE Reg. 388 (11/1/2022) (Final)