Pennsylvania Code
Title 37 - LAW
Part VIII - Automated Criminal Justice Information Systems
Chapter 601 - AUTOMATED CRIMINAL JUSTICE INFORMATION SYSTEMS- STATEMENT OF POLICY
Section 601.5 - Collection of protected information in automated systems
Universal Citation: 37 PA Code ยง 601.5
Current through Register Vol. 54, No. 44, November 2, 2024
(a) Intelligence information . A criminal justice agency may collect intelligence information in an automated system only if the following conditions are met:
(1) The intelligence information concerns an
individual or group which the criminal justice agency reasonably suspects of
criminal activity.
(2) The
intelligence information is related to criminal activity that would give rise
to prosecution for a State offense graded a misdemeanor or felony or for a
Federal offense for which the penalty is imprisonment for more than 1
year.
(3) The intelligence
information is categorized based upon subject matter.
(4) The intelligence information does not
concern participation in a political, religious or social organization, or in
the organization or support of a nonviolent demonstration, assembly, protest,
rally or similar form of public speech, unless there is a reasonable suspicion
that the participation by the subject of the information is related to criminal
activity or prison rule violation.
(5) The intelligence information is not
collected in violation of State law.
(b) Investigative and treatment information. Investigative information and treatment information may be placed within an automated or electronic criminal justice information system.
(c) Central repository. Protected information may not be collected in the central repository.
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