Current through Register Vol. XLI, No. 50, December 13, 2024
Section 81-9-8 - The Monitoring, Inspection, and Prohibition on the Exchange of InformationIn order to safeguard the donor's personal privacy, the following standards shall apply to the gathering and exchange of information:
8.1. Only the information required to generate investigative leads shall be entered into CODIS. Names, addresses, criminal histories or other personally identifiable information shall not be included.8.2. The Biochemistry Section shall restrict access to DNA analysis records to criminal justice DNA laboratories participating in NDIS. The Biochemistry Section shall release a DNA record to other laboratories only when a potential DNA match is discovered. The Biochemistry Section may release identifying information only upon the verified request of an investigating law enforcement or governmental agency for limited purposes including law enforcement identification, judicial proceedings and identification of human remains or missing persons.8.3. Samples, stripped of all identifying information, may be used by the West Virginia State Police Forensic Laboratory for identification research, protocol development, quality control purposes and population statistics databases. These samples may also be provided to MUFSC for similar purposes.8.4. The West Virginia DNA Databank computer software shall employ user authentication and access control. The software shall uniquely identify each user and all activity by a user shall be monitored. Transaction activities shall be monitored by the computer system to record when and by whom a deletion is made, who adds a file or who edited a file last. User authority shall be segregated to limit the activities that one user may perform as opposed to other users.8.5. The computer housing the CODIS software shall employ user authentication and access control. The software shall uniquely identify each user. The CODIS Administrator or designee shall be responsible for limiting the activities one user may perform as opposed to other users.8.6. Confirmation of in-state searches of CODIS shall be limited to open criminal cases or cases that are being actively investigated by a law enforcement agency. If a potential DNA match is identified, authorized Biochemistry Section personnel shall generate a match report. The match report maybe used to establish probable cause by the investigating agency to obtain a court order for the collection of a fresh reference sample.8.7. The CODIS Administrator or designee shall ensure that all data entered into the Databank shall comply with the approved quality assurance guidelines of the State Police Crime Laboratory. Data from all points of entry, collection, storage, and testing shall be routinely monitored to insure its integrity.8.8. A defendant is entitled only to his or her own DNA sample for the purposes of criminal defense or appeal.