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Rule Title: PARTICIPATION OF AUTHORIZED AGENCIES WITH THE CRIMINAL INTELLIGENCE INFORMATION SECTION AND ACCESS BY AUTHORIZED AGENCIES TO CENTRAL CRIMINAL INTELLIGENCE FILES
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Department: JUSTICE, DEPARTMENT OF
Chapter: DIVISION OF CRIMINAL INVESTIGATION
Subchapter: Criminal Intelligence Information
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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23.12.305    PARTICIPATION OF AUTHORIZED AGENCIES WITH THE CRIMINAL INTELLIGENCE INFORMATION SECTION AND ACCESS BY AUTHORIZED AGENCIES TO CENTRAL CRIMINAL INTELLIGENCE FILES

(1) No participating agency shall be granted access to information maintained by the criminal intelligence information section prior to approval of the agency's application by the criminal intelligence advisory council.

(2) The application of a participating agency shall include an executed criminal intelligence security agreement wherein the participating agency must agree to the following terms in consideration for information provided by the criminal intelligence information section:

(a) access to information provided by the criminal intelligence information section must be limited to persons within the participating agency demonstrating both a right-to-know and need-to-know;

(b) the participating agency must protect and preserve security of information provided and prevent unauthorized disclosure of information;

(c) the participating agency must agree to destroy any information at the request of the criminal intelligence information section determined by the criminal intelligence information section to be unreliable, misleading or obsolete;

(d) the participating agency shall maintain complete and accurate records of any request for information, receipt of information and use of information provided by the criminal intelligence information section to a degree where any transaction involving a request for, or exchange of, information may be audited at any time by the Montana department of justice;

(e) the participating agency shall provide to the criminal intelligence information section a complete list of the names, official assignments, birth dates and social security numbers of all persons within a participating agency who will be authorized to request or receive information from the criminal intelligence information section;

(f) the participating agency shall agree to compliance with the complete provisions of United States Code of Federal Regulations (CFR) Title 28, part 23, and Title 44, chapter 5, MCA, and any administrative rule regarding criminal intelligence or criminal justice information promulgated by the Montana department of justice.

(3) Any person within a participating agency who shall request information or be authorized to receive information from the criminal intelligence information section shall complete in full and execute a security control form, wherein the person must disclose the following:

(a) first, middle and last name;

(b) the participating agency by which the person is employed;

(c) title or rank within a participating agency;

(d) any current assignment relevant to requests for or receipt of information;

(e) address, telephone number, facsimile number and electronic mail address of the participating agency;

(f) date of birth;

(g) place of birth;

(h) social security number; and

(i) mother's maiden name.

(4) The application of a participating agency shall include an executed statement of understanding wherein the participating agency must attest to the following terms in consideration for information provided by the criminal intelligence information section:

(a) that the participating agency may be the recipient of confidential information;

(b) that disclosure of information may not occur without the express approval of the Montana division of criminal investigation administrator;

(c) that no person within a participating agency, authorized to request or receive information, shall retain or use information for any purpose other than the investigation of criminal acts, including but not limited to personal, economic or political purposes;

(d) that the participating agency is responsible for the security, safekeeping and storage of all information received from the criminal intelligence information section in a manner approved by the criminal intelligence information section;

(e) that no authorized person within the participating agency or the participating agency itself shall compile or attempt to compile information exclusively regarding a citizen's political or religious affiliations, sexual orientation, or acceptance or advocacy of any cause which could conceivably be considered unpopular;

(f) that no authorized person within the participating agency or the participating agency itself shall engage in illegal activity in the collection of information or direct another to use illegal means to collect information;

(g) that no authorized person within a participating agency, upon termination or any change in employment or assignment status, shall disclose or disseminate information obtained by participation with the criminal intelligence information section;

(h) that all requests for or receipt of information must be predicated on investigation of a specific crime enumerated in the Montana Code Annotated; and

(i) that the participating agency and all authorized persons within that agency have been instructed as to the necessity of preserving the security of information contained in databases maintained by the criminal intelligence information section and that any breach of agreements or statements of understanding will subject the participating agency and members of that agency to termination of participation with the criminal intelligence information section, and possible civil action or criminal prosecution.

History: Sec. 44-5-105, 44-5-504, MCA; IMP, Sec. 44-5-503, 44-5-504, MCA; NEW, 2005 MAR p. 740, Eff. 5/13/05.


 

 
MAR Notices Effective From Effective To History Notes
5/13/2005 Current History: Sec. 44-5-105, 44-5-504, MCA; IMP, Sec. 44-5-503, 44-5-504, MCA; NEW, 2005 MAR p. 740, Eff. 5/13/05.
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