N.Y. Comp. Codes R. & Regs. tit. 9 § 486.2

Current through Register Vol. 46, No. 50, December 11, 2024

Section 486.2 - Definitions

(a) New York Statewide Police Information Network - NYSPIN; "The System." The New York Statewide Police Information Network (NYSPIN)is the computerized system administered by the Division of State Police as authorized by the New York State Executive Law, sections 217, 218, 219 and 220. T he system includes the equipment, facilities, procedures, agreements and organizations thereof for the collection, processing, preservation or dissemination of criminal justice information.

(b) Division of Criminal Justice Services - DCJS. The New York State Division of Criminal Justice Services (DCJS) is responsible for the collection, processing, preservation and dissemination of computerized criminal history record information and other information as required by the New York State Executive Law.

(c) National Crime Information Center - NCIC. The National Crime Information Center (NCIC) is the computer system and facilities maintained by the Federal Bureau of Investigation (FBI), and is located in Washington, D.C.

(d) National Law Enforcement Telecommunications System - NLETS. The National Law Enforcement Telecommunications System, Inc. (NLETS) is the computer system located in Phoenix, Arizona, that is used by all states for the interstate exchange of criminal justice information.

(e) Criminal History Record Information - CHRI. [Title 28 CFR 20.3(b) ] Published by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. Printed by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. Criminal History Record Information (CHRI) is that information collected by criminal justice agencies on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges; and any dispositions arising therefrom such as sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system.

(f) Computer material. Computer material is defined in the New York State Penal Law, section 156.00, subdivision 5.

(g) Computer information. All data and programming stored in NYSPIN or information accessed through NYSPIN is computer information.

(h) Criminal justice information. Criminal justice information means all computer information or computer material processed by or through NYSPIN, regardless of the source of the information or material, including material and information from non-criminal justice computer systems such as, but not limited to, the New York State Department of Motor Vehicles and the Truck Mileage Tax data base file.

(i) Criminal justice agency. [Title 28 CFR 20.3(c) ] Criminal justice agencies are courts and any government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.

(j) An agency identifier (ORI) is a nine-character alphanumeric code assigned to criminal justice, law enforcement and non-criminal justice agencies by NCIC in accord with NCIC rules and regulations, and to State Emergency Management Office (SEMO) associated agencies by the Division of State Police. There are four types of ORI:

(1) A criminal justice ORI is an agency identifier assigned to a governmental agency or subunit thereof performing a criminal justice function other than apprehension of suspected violators of the law. Agencies with criminal justice ORI's may access all information available via NYSPIN, providing a use and dissemination agreement has been entered into with the Division of State Police.

(2) A law enforcement ORI is an agency identifier assigned to a governmental agency or subunit thereof having statutory powers of arrest and whose primary function is that of apprehension and detection of suspected violators of the law. Law enforcement agencies may access all information available via NYSPIN, providing a use and dissemination agreement has been entered into with the Division of State Police.

(3) A non-criminal justice ORI is a limited-access ORI assigned to a nongovernmental agency or subunit thereof which allocates a substantial part of its annual budget to the administration of criminal justice, whose regularly employed peace officers have full police powers pursuant to State law and have complied with the minimum employment standards of governmentally employed police officers as specified by State statutes and regulations. A non- criminal justice agency may access only that information available through NYSPIN consistent with the agency's administration of criminal justice, but never criminal history record information, providing a use and dissemination agreement has been entered into with the Division of State Police.

(4) A SEMO ORI is a restricted agency identifier assigned by the Division of State Police to the New York State Emergency Management Office (SEMO), the Disaster Preparedness Commission (DPC) and the Federal Emergency Management Agency (FEMA), as described in Executive Order Number 32, dated December 29, 1983, and the Disaster Relief Act of 1974, P.L. 93-228, and includes primary and secondary warning points, as well as the National Weather Service. These ORI's, except in time of State or National Emergency, are restricted to sending and receiving messages associated with weather information, in conjunction with the National Weather Service, and direction and control messages associated with SEMO, DPC or FEMA directives, emergencies or drills. All such authorized messages may be disseminated to public safety agencies and organizations, including but not limited to fire companies, rescue teams, emergency medical services and other providers of emergency assistance, as required, in accord with SEMO/DPC/FEMA procedures for coordinating emergencies or alerting the public to potential emergencies. Under no circumstance will a SEMO ORI be permitted to access CHRI.

(k) Administration of criminal justice. [Title 28 CFR 20.3(d) ] The administration of criminal justice means the performance of any of the following activities: detection, apprehension, detention, pretrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage and dissemination of CHRI.

(l) Criminal justice purpose. When obtaining CHRI, criminal justice purpose means accessing information available through NYSPIN as part of an official duty associated with the administration of criminal justice ( 28 CFR 20.3 [d]). When accessing criminal justice information other than CHRI, criminal justice purpose means accessing information available through NYSPIN for an official function, including training, normally performed by criminal justice employees.

(m) Title 28 CFR. The authority for the Federal government to regulate computerized criminal history record information comes from title 28, United States Code (USC), section 534. The procedures, definitions and punitive provisions are found in title 28, Code of Federal Regulations (CFR), part 20, subparts A, B and C.

(n) NYSPIN participant. A NYSPIN participant is any agency or subunit thereof, or a member or employee of that agency, that has been assigned an ORI and that has access to NYSPIN (other than through NLETS, NCIC or DCJS computer systems) by means of a NYSPIN terminal device or through a terminal device that can access information available via NYSPIN through a computer interface.

(o) Non-NYSPIN participant. A non-NYSPIN participant is a criminal justice agency, or a member or employee of that agency, that has been assigned an ORI and who has access to information available via NYSPIN through a NYSPIN participant. NYSPIN participants may require a non-NYSPIN participant to sign a use and dissemination agreement before NYSPIN information or service is provided.

(p) Access NYSPIN. To access NYSPIN means to enter the NYSPIN computer by means of a terminal or other electronic device that enables the information therein to be readable or to make use of information obtained from NYSPIN. Access to NYSPIN is restricted to persons or agencies entitled to obtain, secure or use the criminal justice information properly obtained therefrom.

(q) Unauthorized access of NYSPIN. Unauthorized access of NYSPIN means accessing of NYSPIN by a person or agency not entitled to obtain, secure or use the criminal justice information improperly obtained therefrom. The New York State Penal Law, section 156.00, subsection 6, further defines unauthorized access to computer services, and sets criminal penalties therefor.

(r) Member. A member is a person who is regularly employed by an agency assigned an agency identifier (ORI) and who is sworn to or designated to carry out the administration of criminal justice as defined in the agency's rules and regulations.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 486.2