Iowa Admin. Code r. 661-81.2

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 661-81.2 - Iowa law enforcement intelligence network (LEIN) information system

(1)LEIN information system. The Iowa law enforcement intelligence network (LEIN) information system is the statewide interjurisdictional intelligence system maintained and operated by the intelligence bureau of the department of public safety, for the regular interagency exchange of criminal intelligence files. Criminal intelligence files contained in the LEIN information system may be disseminated or redisseminated by the intelligence bureau of the department of public safety, consistent with Iowa Code chapter 692.

(2)Direct computer access. The commissioner of public safety may authorize a peace officer, criminal justice agency, or state or federal regulatory agency to access the LEIN information system directly via a remote computer terminal, provided that the authorized individual or agency follows approved procedures regarding receipt, maintenance, dissemination, submission and security of information, and related training. Authorization may be provided in writing or electronically.

(3)Termination of authorization for direct computer access. The commissioner of public safety may, at any time for good cause, terminate authorization for direct, remote computer access to the LEIN information system which has been previously approved. An individual or agency whose authorization to directly access the LEIN information system via remote computer has been terminated may appeal the termination in accordance with procedures for contested cases established in 661-Chapter 10.

(4)Reinstatement of authorization for direct computer access. Any user whose authorization for direct, remote computer access to the LEIN information system has been terminated may apply for the authorization for access to be reinstated, provided that the problem which led to the termination has been corrected.

(5)Applications for direct computer access. To apply for direct, remote computer access to the LEIN information system or to obtain further information about the LEIN information system, a person shall contact the Intelligence Bureau, Iowa Department of Public Safety, State Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319, or by electronic mail via the Internet at intinfo@dps.state.ia.us.

(6)Entry of information-restrictions. Information about the political, religious, racial, or social views, associations, activities or sexual orientation of any individual shall not be entered into the LEIN information system unless such information constitutes noncriminal identifying information or is relevant to an investigation of criminal conduct or activity involving an identifiable individual.

(7)Entry of information-conformance with applicable law. No information that is deemed unreliable because it has been obtained in violation of any applicable federal, state, or local law or ordinance, or these rules, may be entered into the LEIN information system.

(8)Dissemination. Intelligence data from the LEIN information system may be disseminated only to peace officers, criminal justice agencies, or state or federal regulatory agencies. Intelligence data from the LEIN information system may be disseminated only when there is a right to know and a need to know in the performance of a law enforcement activity. Intelligence data from the LEIN information system shall not be disseminated to any user whose authorization to access the LEIN information system has been terminated and has not been reinstated.

Exception: Intelligence assessments may be disseminated to any agency or organization for an official purpose or to a person in order to protect a person or property from the threat of imminent serious harm as defined in rule 661-81.1 (692).

(9)Redissemination of intelligence data. An agency, organization, or person receiving intelligence data from the department pursuant to Iowa Code chapter 692 may redisseminate the intelligence data only if authorized by the agency or peace officer who originally provided the data and if the data is for an official purpose in connection with the prescribed duties of the recipient. If the agency, organization, or person receiving the information is not a peace officer, criminal or juvenile justice agency, or state or federal regulatory agency, redissemination is allowed only if such redissemination is for an official purpose and if the information is redisseminated in order to protect a person or property from the threat of imminent serious harm. The department may also place restrictions on the redissemination by the agency, organization, or person receiving the intelligence data. Any agency, organization, or person who redisseminates intelligence data pursuant to Iowa Code chapter 692 must maintain a list of the agencies, organizations, and persons receiving the intelligence data and the purpose of the redissemination. Intelligence data must be maintained separately from and should not be included in any form in any investigative or prosecutorial files.

(10)Redissemination of intelligence assessment. An agency, organization, or person receiving an intelligence assessment from the department pursuant to Iowa Code chapter 692 may redisseminate the intelligence assessment only if authorized by the department and only if the redissemination is for an official purpose in connection with the prescribed duties of the recipient. If the agency, organization, or person receiving the intelligence assessment is not a peace officer, criminal or juvenile justice agency, or state or federal regulatory agency, redissemination is allowed only if such redissemination is to protect a person or property from the threat of imminent serious harm. The department may also place restrictions on the redissemination by the agency, organization, or person receiving the intelligence assessment. Any agency, organization, or person who redisseminates an intelligence assessment pursuant to Iowa Code chapter 692 must maintain a list of the agencies, organizations, and persons receiving the intelligence assessment and the purpose of the redissemination. An agency, organization, or person who redisseminates information without proper authorization may be prohibited from receiving further intelligence assessments.

[Editorial change: IAC Supplement 6/17/09]

Iowa Admin. Code r. 661-81.2