Ga. Comp. R. & Regs. R. 140-2-.04 - Criminal Justice Information Exchange and Dissemination

Current through Rules and Regulations filed through April 4, 2022

(1) Exchange and dissemination of criminal justice information by criminal justice agencies:
(a) Criminal justice agencies shall exchange criminal justice information with other criminal justice agencies and authorized private contractors to facilitate the administration of criminal justice and criminal justice employment. Dissemination of criminal justice information to such agencies will follow the provisions of user agreements executed between GCIC and criminal justice agency heads. If there is a question as to whether an agency is a criminal justice agency as defined by these Rules, the Director will determine the agency's status.
1. Local criminal justice agencies must refer private attorneys requesting CHRI in criminal cases to GCIC.
2. Local criminal justice agencies may process CHRI requests from a Public Defender's Office when that Office has a State assigned ORI (ends in S). When processing these CHRI requests, the local agency must use the Public Defender's ORI and purpose code L. Consent of the individual (criminal defendant or witness) is not required.
3. Local criminal justice agencies may process private attorney requests for CHRI in civil cases when provided the signed consent of the persons whose records are sought utilizing the appropriate purpose code.
4. Criminal records containing information on arrest charges disposed of under provisions of the Georgia First Offender Act may be disseminated by Georgia criminal justice agencies as described in subparagraph (2)(a)3. of this Rule.
(b) Criminal justice agencies may disseminate CHRI to private persons, businesses, public agencies, political subdivisions, authorities and other entities, including state or federal licensing and regulatory agencies or their designated representatives. In these cases, CHRI shall contain only Georgia or local criminal justice agency information, excluding information relating to any arrest disposed of under provisions of the Georgia First Offender Act after the person's successful discharge from First Offender status. The exchange of CHRI obtained from NCIC, or the III for a non-criminal justice purpose is prohibited except when permitted by federal law.
1. Requesters must provide the fingerprints or signed consent of persons whose criminal history records they are seeking at the time of each request. The signed consent must be in a format approved by GCIC and include the person's full name, address, social security number, race, sex and date of birth. When the requester represents a county Board of Voter Registrars or a county Board of Voter Registration and Elections, neither the fingerprints nor signed consent of persons whose records are sought shall be required, if the sole purpose is to verify information provided on a voter registration card by a voter registration applicant. In addition, criminal justice agencies may disseminate Georgia felony conviction records to any requester, without the person's consent, as provided for by Georgia law.
2. Criminal justice agencies may charge fees for disseminating criminal history records or "no record" reports to private individuals, public and private agencies or their designated representatives. Fees should approximate as nearly as possible the direct and indirect costs associated with providing such information services.
3. Criminal justice agencies that disseminate CHRI to private individuals and public and private agencies shall advise all requesters that if an adverse employment, licensing, housing or other decision is made, the individual or agency making the adverse decision must inform the applicant of all information pertinent to that decision. This disclosure must include that a CHRI check was made, the specific contents of the record and the effect it had on the decision. Failure to provide all such information to the applicant is a misdemeanor under Georgia law.
(c) Federal law exempts the FBI, State Department, Defense Investigative Service, Central Intelligence Agency and Office of Personnel Management from these provisions of Georgia law. Authorized representatives of these agencies are not required to provide the fingerprints or signed consent of persons whose CHRI is sought. All criminal justice agencies are required by federal law to provide these agencies with CHRI, as described in subparagraph (1) (b) of this Rule, on security clearance applicants and applicants for employment in sensitive national security jobs. However, the Office of Personnel Management (OPM) contracts with companies that perform its background investigations. OPM contractors with Georgia offices have NCIC assigned ORIs, which end in R (GAOPM010R) and access Georgia's CJIS network to run background investigations under purpose code S (Security Clearance Information Act).
(d) Pursuant to signed GCIC user agreements and management control agreements, criminal justice agencies may provide criminal justice information and CHRI to individuals and agencies to provide for the development and operation of computerized information systems or for the operation of consolidated governmental communications centers supporting the administration of criminal justice. These individuals and agencies shall be under the management control of the criminal justice agencies they support. These agreements shall authorize specific access to information, limit the use of information to purposes for which it was disseminated, require the review and signing of Awareness Statements and ensure the security and confidentiality of information consistent with the Rules of the GCIC Council.
(e) Criminal justice agencies may disseminate criminal justice information and CHRI to individuals and agencies for the express purpose of research when the Director has approved the research project in advance. In each case, GCIC shall execute a special user agreement with requesters prior to the dissemination of such information. The agreement shall provide for non-identification of specific individuals in published research reports and that information furnished by criminal justice agencies shall be immune from legal process and shall not, without consent of the criminal justice agency providing the information, be admitted as evidence for any purpose in any action, suit or other judicial or administrative proceedings.
(f) Criminal justice agencies must advise recipients of CHRI that use of this information shall be limited to the intended purpose and may not be secondarily disseminated.
(g) Criminal justice agencies have authority to access the FBI's III files for criminal justice administration and criminal justice employment. In addition, this information may be used in civil or criminal courts in domestic violence or stalking cases and other purposes authorized by federal law. Criminal justice agencies shall not access III files for information pursuant to state license/permit applications or for non-criminal justice employment purposes, unless specifically provided for by federal law or regulation.
(h) The FBI CJIS Security Policy documents the minimum level of Information Technology (IT) security requirements determined acceptable for the transmission, processing and storage of the nation's CJIS data. It further stipulates that III CHRI may be accessed only for an authorized purpose. Dissemination to another agency is permissible if the other agency is an authorized recipient of such information. This policy also identifies the requirements for methods of disseminating III CHRI data.
1. Transmitting III CHRI via the internet and associated electronic media such as email facilities, remote access file transfers and any other file modifications is allowed, provided all technical security requirements have been met.
2. Transmitting III CHRI via electronic devices using wireless or radio technology is allowed when an officer determines there is an immediate need for this information to further an investigation or there is a situation affecting the safety of an officer or the public.
3. Transmitting III CHRI via a facsimile device not connected to a CJIS system is allowed when both agencies involved in the transmission have an authorized NCIC ORI number. Prior to the transmission, the sending agency shall verify the receiving agency's authenticity.
4. Georgia CHRI may be disseminated via the internet, wireless or radio technology, or facsimile to authorized agencies as described in the FBI CJIS Security Policy.
5. Additionally, a criminal justice agency may only disseminate Georgia CHRI via facsimile to a non-criminal justice or entity provided the receiving facsimile is located in an area not readily accessible by persons other than the individual authorized to receive the CHRI.
(i) Private contractors are permitted access to GCIC and FBI CJIS systems pursuant to a specific agreement/contract to provide services for the administration of criminal justice. The agreement/contract between the government agency and the private contractor must incorporate the Security Addendum approved by the Director of the FBI (acting for the U.S. Attorney General), as referenced in Title 28 CFR 20.33(a)(7). Private entities performing the administration of criminal justice must meet the same training and certification criteria required by governmental agencies performing a similar function. All private entities performing criminal justice functions, including administration of private correctional facilities, police crime labs and the administration of probation services are included.
(j) No criminal justice information shall be disseminated except as provided by law and these Rules.
(2) Exchange and dissemination of criminal justice information by GCIC.
(a) GCIC shall exchange criminal justice information with criminal justice agencies and those non-criminal justice agencies under a specific contract to a criminal justice agency to serve the administration of criminal justice and to facilitate criminal justice employment, based on the following criteria:
1. GCIC shall execute appropriate user agreements with all criminal justice agencies.
2. GCIC shall provide any information in its files or in files available to GCIC, which may aid these agencies in the performance of their duties.
3. Use of information relating to any arrest disposed of under provisions of the Georgia First Offender Act is unauthorized for licensing or employment purposes after successful discharge of an individual from First Offender status, except as specifically authorized by Georgia law and these Rules.
4. When requested electronically, GCIC may electronically disseminate CHRI of in-state felony convictions, pleas and sentences provided there is sufficient identifying information.
(b) GCIC shall exchange criminal justice information with:
1. The Governor, when acting as Chief Law Enforcement Officer of the State.
2. The Attorney General, when performing activities relating to the apprehension or prosecution of criminal offenders.
3. The Supreme Court, when the Court's administrative arm is evaluating candidates for the Georgia bar.
(c) GCIC shall exchange CHRI with public agencies and officials, private businesses and individuals.
1. Public agencies, private individuals and businesses requesting fingerprint-based criminal history record checks shall submit applicant fingerprints using GCIC approved means and pay the prescribed fees for each criminal history record or "No Record" report disseminated by GCIC.
2. If CHRI provided by GCIC is for employment, licensing or other decisions, GCIC shall provide guidance to requesters as contained in subparagraph (1)(b)3. of this Rule.
3. Public agencies and officials requesting criminal history record checks shall be subject to periodic audits by GCIC to assure compliance with the relevant provisions of Georgia law and these Rules.
4. Georgia law authorizes GCIC to conduct certain criminal history record checks for criminal defense purposes based on personal identifiers supplied by authorized requesters. All such record checks are conducted in a manner determined by the Director. Criminal history records provided by GCIC pursuant to this subparagraph shall contain the entire Georgia criminal history record to include completed first offender records. Authorized requesters shall pay prescribed fees.
(d) GCIC will perform criminal history record checks for non-criminal justice purposes only after fulfilling its duties and obligations to criminal justice agencies as required by law.
(e) GCIC may allow access to the CJIS network and other computerized files containing criminal justice information and/or CHRI, pursuant to special user agreements and management control agreements with governmental computerized information systems and governmental dispatch centers in support of criminal justice agencies. These governmental agencies shall be under the management control of the criminal justice agencies they support. User agreements and management control agreements shall authorize access to information, limit the use of information to purposes for which it was disseminated, require the signing of Awareness Statements and ensure the security and confidentiality of data consistent with these Rules.
(f) The commercial dissemination of state or federal hot file records obtained from NCIC is prohibited. Information derived for other than criminal justice purposes from national hot file records can be used by authorized criminal justice personnel only to confirm the status of a person or article, e.g. wanted or stolen. Any advertising of services providing "data for dollars" is prohibited. Authorized agencies are allowed to charge a processing fee for disseminating data for authorized purposes. The wholesale marketing of data for profit is not permitted, as in the example of a pre-employment screening or background check company requesting that wanted person checks from NCIC be conducted on individuals for various non-criminal justice employments.
(g) Use of information disseminated by GCIC shall be limited to the purposes for which it was disseminated. Recipients shall be so advised.
(h) No information shall be disseminated by GCIC except as provided by Georgia law or these Rules.

Notes

Ga. Comp. R. & Regs. R. 140-2-.04
O.C.G.A. Secs. 3-3-2, 7-1-682, 7-1-702, 7-1-1004, 10-9-9, 15-16-1, 16-11-129, 17-6-50, 19-8-16, 20-1A-34, 20-2-211, 25-4-8, 31-7-254, 35-3-33, 35-3-34, 35-3-34.2, 35-3-35, 35-8-8, 38-3-27, 40-5-2, 40-5-82, 42-8-60, 42-8-62, 42-8-63, 42-8-63.1, 42-8-65, 43-12A-4, 43-38-6, 43-38-7, 43-38-7.1, 43-39A-22.1, 43-40-27.1, 43-47-6, 47-5-90, 49-2-14, 49-5-64, 49-5-69.1, 42-5-91 to 49-5-94, 42 U.S.C. 3771, 5 U.S.C. 9101, 28 C.F.R. 20.21, Pub. L. 92-544, FBI Security Policy.
Original Rule entitled "Criminal Justice Information Exchange and Dissemination" adopted. F. Feb. 25, 1976; eff. Mar. 16, 1976. Amended: F. June 11, 1976; eff. July 1, 1976. Amended: F. July 29, 1976; eff. August 18, 1976. Amended: F. Aug. 25, 1976; eff. Sept. 14, 1976. Amended: F. June 10, 1977; eff. June 30, 1977. Amended: F. May 26, 1978; eff. July 1, 1978, as specified by the Agency. 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. Repealed: New Rule of same title adopted. F. Jan. 6, 1988; eff. Jan. 27, 1988, as specified by the Agency. Repealed: New Rule of same title adopted. F. July 7, 1988; eff. July 27, 1988. Repealed: New Rule of same title adopted. F. Nov. 7, 1990; eff. Nov. 27, 1990. Amended: F. Dec. 4, 1991; eff. Dec. 24, 1991. Amended: F. Mar. 4, 1992; eff. Mar. 24, 1992. Amended: F. Dec. 2, 1992; eff. Dec. 22, 1992. Repealed: New Rule of same title adopted. F. Mar. 4, 1998; eff. Mar. 24, 1998. Amended: F. Oct. 13, 1999; eff. Nov. 2, 1999. Amended: F. Oct. 12, 2000; eff. Nov. 1, 2000. 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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