Current through Register Vol. 6, March 22, 2024
(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.
Sec.
44-5-105,
44-5-504,
MCA; IMP, Sec.
44-5-503,
44-5-504,
MCA;