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
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