Ga. Comp. R. & Regs. R. 140-1-.02 - General Definitions

Current through Rules and Regulations filed through April 4, 2022

(1) All words defined in O.C.G.A. § 35-3-30 have the same meaning for these Rules.
(2) The following definitions apply generally to all Rules of the GCIC Council.
(a) Administration of criminal justice - Activities involving the detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision or rehabilitation of accused persons or criminal offenders. It also includes criminal identification activities; the collection, storage and dissemination of criminal history record information; and, criminal justice employment.
(b) Criminal justice agency - Courts, a governmental agency, or any subunit thereof that performs the administration of criminal justice pursuant to a statute or executive order and that allocates a substantial part of its annual budget to the administration of criminal justice. State and federal Inspectors General Offices are included.
(c) Criminal justice information - Includes the following classes:
1. Criminal History Record Information (CHRI) - 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 disposition arising there from including acquittal, sentencing, correctional supervision and release. Such term also includes the age and sex of each victim as provided by criminal justice agencies. The term does not include identification information, such as fingerprint records not related to an arrest, to the extent that such information does not indicate involvement of the individual in the criminal justice system.
2. Restricteddata - CJIS network operational procedures, manuals, forms and data gathering techniques.
3. Secret data - Information dealing with those operational and programming elements, which prevent unlawful intrusion into the GCIC/CJIS, the communications network and satellite computer systems handling criminal justice information.
4. Sensitive data - Statistical information in the form of reports, lists and documents that may identify a group characteristic. It may apply to a group of persons, articles, vehicles, etc. such as white males or stolen guns.
(d) Criminal Justice Information System (CJIS) - All agencies, procedures, mechanisms, media and forms, as well as the information itself, which are or become involved in the organization, transmission, storage, retrieval and dissemination of information related to reported offenses, offenders and the subsequent actions related to such events or persons.
(e) Designated representative - The person specifically named to receive CHRI from GCIC on behalf of any private person, business and commercial establishment or authorized public agency eligible to request such information.
(f) Disposition - The result of criminal proceedings including information disclosing that arresting agencies elected not to refer the matter to a prosecutor or that a prosecutor elected not to commence criminal proceedings and disclosing the nature of the termination in proceedings or, information disclosing the reason for such postponement.
(g) FBI CJIS and NCIC - The FBI's Criminal Justice Information Services Division (CJIS), which includes the National Crime Information Center (NCIC). The terms FBI CJIS and NCIC may be used interchangeably throughout the Rules.
(h) GCIC CJIS Security Policy - The Information Technology (IT) security program established by GCIC in conformance with the FBI CJIS Security Policy, as amended, which governs the operation of computers, access devices, circuits, hubs, routers, firewalls and other components that make up and support a telecommunications network and related CJIS systems used to process, store or transmit criminal justice information guaranteeing the priority, integrity and availability of service needed by the criminal justice community.
(i) Georgia Crime Information Center (GCIC) as created by O.C.G.A. § 35-3-31.
(j) Governmental dispatch center - A non-criminal justice agency established by an act of local government to provide communications support services to local government agencies, including criminal justice agencies.
(k) Hearing - A right of GCIC and parties affected by any GCIC action to present formally or informally, relevant information, testimony, documents, evidence and arguments as to why specified actions should or should not be taken.
(l) Hot files - Computerized files maintained by the FBI's CJIS division. These files contain accurate and timely documents related to vehicles, license plates, boats, guns, articles, securities, wanted persons, foreign fugitives, United States Secret Service protective, missing persons, unidentified persons, violent gang and terrorist organizations, deported felons, protective orders, convicted sex offender registries, convicted persons on supervised release and vehicle/boat parts.
(m) Information Security Officer (ISO) - The person designated to administer GCIC's information security program. The ISO is the internal and external point of contact (POC) for all information security matters and ensures that each local agency having access to a criminal justice network has a security POC. (See Local Agency Security Officer (LASO)).
(n) Interface - A computer system independent of the State system that transactions must travel through to access the GCIC and FBI CJIS networks, including the NCIC.
(o) Local Agency Security Officer (LASO) - The local agency security POC for agencies that access the GCIC CJIS network.
(p) Management control - The authority to set and enforce priorities; standards for selection, supervision and termination of personnel; and, policy governing the operation of computers, circuits and telecommunications terminals used to process, store or transmit CHRI and/or other criminal justice information.
(q) National Crime Prevention and Privacy Compact - Allows a party state to disseminate its CHRI to other states for non-criminal justice purposes in accordance with the laws of the receiving state. Georgia became a compact state in 1999.
(r) Non-criminal justice agency - Any agency that does not meet the definition of a criminal justice agency.
(s) Non-criminal justice purpose - Using CHRI for purposes authorized by state or federal law other than the administration of criminal justice. Authorized purposes include employment suitability, licensing determinations, immigration and naturalization matters and national security clearances.
(t) Practitioner - An agency employee who accesses the Georgia CJIS network, the FBI CJIS system and other CJIS network databases needed to perform official duties and responsibilities.
(u) Public network - A telecommunications infrastructure consisting of network components not owned, operated and managed solely by a criminal justice agency. This includes, but is not limited to, a common carrier ATM or Frame Relay network where, by design, the redundancy provided is through use of shared public switches within the network cloud. Dedicated criminal justice local or wide area networks (LAN/WAN) that contain no public network component are not considered public networks.
(v) Secondary dissemination - The re-dissemination of CHRI other than for the intended purpose by an authorized recipient to someone unauthorized to receive the CHRI.
(w) Terminal Agency Coordinator (TAC) - An agency employee designated by the agency head to be responsible for ensuring compliance with state and federal policies, regulations and laws established by GCIC, the FBI's CJIS Division and Nlets. Responsibilities include adherence to GCIC/FBI CJIS validation program procedures for specified Georgia and FBI CJIS records.
(x) Terminal operator - An agency employee whose primary job function includes accessing the CJIS network.
(y) The International Justice & Public Safety Information Sharing Network (Nlets) - A message switching network owned by the states that links local, state and federal agencies together to provide the exchange of criminal justice and public safety related information.
(z) User Agreement - A current, signed written agreement between the appropriate signatory authority of the user agency and the Director authorizing the provision of said access set forth within the agreement. The agreement refers to the necessary security-related provisions therein.

Notes

Ga. Comp. R. & Regs. R. 140-1-.02
O.C.G.A. Sec. 35-3-30, 28 C.F.R. 20.3, FBI CJIS Security Policy.
Original Rule entitled "General Definitions" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976. Repealed: New Rule of same title adopted. F. Jan. 7, 1983; eff. Feb. 1, 1983, as specified by the Agency. Repealed: New Rule of same title adopted. F. Sept. 6, 1984; eff. Oct. 8, 1984; as specified by the Agency. Repealed: New Rule of same title adopted. F. July 2, 1986; eff. July 22, 1986. Amended: F. Jan. 6, 1988; eff. Jan. 27, 1988, as specified by the Agency. Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990. Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998. Amended: F. Sept. 5, 2002; eff. Sept. 25, 2002. Repealed: New Rule of same title adopted. F. Sept. 25, 2007, eff. Oct. 15, 2007.

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