RELATES TO:
KRS 17.140,
17.150
NECESSITY, FUNCTION, AND CONFORMITY:
KRS 17.140 requires a centralized criminal
history record information system to be established in the Justice and Public
Safety Cabinet under the direction, control, and supervision of the
commissioner of the Department of Kentucky State Police.
KRS 15A.160 authorizes the secretary of the
cabinet to adopt administrative regulations to administer the cabinet.
KRS 17.150(6) requires the
secretary of the cabinet to promulgate administrative regulations necessary to
implement the criminal history record information system. This administrative
regulation sets specific security standards to preserve the CHRI in an
acceptable state.
Section 1.
Procedures shall be implemented in the centralized criminal history record
information system to insure that access to criminal history record information
is restricted to authorized persons. The ability to access, modify, change,
update, purge, or destroy information shall be limited to authorized criminal
justice personnel, or other authorized persons who provide operational support,
such as programming or maintenance. Technologically advanced software or
hardware designs shall be implemented to prevent unauthorized access to
criminal history record information.
Section
2. Procedures shall be implemented in the centralized criminal
history information system to determine what persons have authority to enter in
areas where criminal history information is stored and implement access control
measures to insure entry is limited to specific areas where authorization is
valid. Further, access control measures shall be implemented to insure
unauthorized persons are totally denied access to areas where criminal history
record information is stored. Access constraints shall include the system
facilities, systems operating environments, data file contents, whether while
in use or when stored in media library, and system documentation.
Section 3. Procedures shall be implemented in
the centralized criminal history information system to insure that computer
operations that support the criminal history record information data base,
whether dedicated or shared, operate in accordance with procedures developed or
approved by the Justice and Public Safety Cabinet, and further insure that:
(1) CHRI is stored by the computer in such a
manner that it cannot be modified, destroyed, accessed, changed, purged, or
overlaid in any fashion by unauthorized persons.
(2) Operational programs shall be used that
will prohibit inquiry, record updates, or destruction of records, from any
terminal other than designated terminals within the Criminal Identification and
Records Branch.
(3) The
destruction, partial deletion, total deletion, or record correction shall be
limited to designated terminals under the direct control of Criminal
Identification and Records Branch.
(4) Operational programs shall be used to
detect and store for the output of designated criminal justice agency
employees, all unauthorized attempts to penetrate any criminal history record
information system, program or file.
(5) The programs specified in subsections (2)
and (4) of this section shall be known only to criminal justice agency
employees responsible for criminal history record information system control or
individuals in agencies pursuant to a specific written agreement with the
Justice and Public Safety Cabinet to provide the programs, and the operational
programs shall be continuously kept under maximum security
conditions.
(6) Procedures shall be
instituted to assure that any individual or agency authorized direct access is
responsible for:
(a) The physical security of
criminal history record information under its control or in its custody;
and
(b) The protections of
information from unauthorized access, disclosure, or dissemination.
Section 4. Procedures
shall be implemented in the centralized criminal history record information
system to protect CHRI from unauthorized access, theft, sabotage, fire, flood,
wind, or other natural or manmade disasters.
Section 5. Emergency Plans Required. Written
plans and instructions dealing with emergencies described in Section 4 of this
administrative regulation shall be developed in manual form and cover all
foreseeable incidents ranging from minor accidents to major disasters causing
the destruction of computer facilities, entire data bases, and CHRI contained
in manual files. Employees of the centralized criminal history record
information system shall be trained in procedures and specifically assigned
responsibilities in case of an emergency. Plans and instructions shall include
emergency shutdown and evacuation procedures, a disaster recovery plan to
restart critical system functions, procedures for backup files for critical
data such as fingerprint cards, and duplicate system designs. The commissioner
of the Department of Kentucky State Police shall make available needed
personnel to reinstitute the centralized criminal history record information
system as soon as feasible after accident or disaster.