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PENNSYLVANIA CONSOLIDATED STATUTES
TITLE 18. CRIMES AND OFFENSES
PART III. MISCELLANEOUS PROVISIONS
CHAPTER 91. CRIMINAL HISTORY RECORD INFORMATION
SUBCHAPTER A. GENERAL PROVISIONS
Date:
08/31/2009
Document:
§ 9106. Information in central repository or automated systems
(a) GENERAL RULE.--
Intelligence information, investigative information and treatment information shall not be collected in the central repository. This prohibition shall not preclude the collection in the central repository of names, words, numbers, phrases or other similar index keys to serve as indices to investigative reports.
(b) COLLECTION OF PROTECTED INFORMATION.--
(1) Intelligence information may be placed in an automated or
electronic criminal justice system only if the following apply:
(i) The criminal justice agency has reasonable suspicion of criminal
activity.
(ii) Access to the intelligence information contained in the
automated or electronic criminal justice system is restricted to the
authorized employees of the criminal justice agency and cannot be
accessed by any other individuals inside or outside of the agency.
(iii) 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 one year. Intelligence information
shall be categorized based upon subject matter.
(iv) The intelligence information is not collected in violation of
State law.
(2) Intelligence information may not be collected or maintained in an
automated or electronic criminal justice system concerning
participation in a political, religious or social organization, or in
the organization or support of any 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.
(3) Investigative information and treatment information contained in
files of any criminal justice agency may be placed within an automated
or electronic criminal justice information system, provided that access
to the investigative information and treatment information contained in
the automated or electronic criminal justice information system is
restricted to authorized employees of that agency and cannot be
accessed by individuals outside of the agency.
(c) DISSEMINATION OF PROTECTED INFORMATION.--
(1) Intelligence information may be placed within an automated or
electronic criminal justice information system and disseminated only if
the following apply:
(i) The information is reliable as determined by an authorized
intelligence officer.
(ii) The department, agency or individual requesting the information
is a criminal justice agency which has policies and procedures
adopted by the Office of Attorney General in consultation with the
Pennsylvania State Police which are consistent with this act and
include:
(A) Designation of an intelligence officer or officers by the head
of the criminal justice agency or his designee.
(B) Adoption of administrative, technical and physical safeguards,
including audit trails, to insure against unauthorized access and
against intentional or unintentional damages.
(C) Labeling information to indicate levels of sensitivity and
levels of confidence in the information.
(iii) The information is requested in connection with the duties of
the criminal justice agency requesting the information, and the
request for information is based upon a name, fingerprints, modus
operandi, genetic typing, voice print or other identifying
characteristic.
(2) If an intelligence officer of a disseminating agency is notified
that intelligence information which has been previously disseminated to
another criminal justice agency is materially misleading, obsolete or
otherwise unreliable, the information shall be corrected and the
recipient agency notified of the change within a reasonable period of
time.
(3) Criminal justice agencies shall establish retention schedules for
intelligence information. Intelligence information shall be purged
under the following conditions:
(i) The data is no longer relevant or necessary to the goals and
objectives of the criminal justice agency.
(ii) The data has become obsolete, making it unreliable for present
purposes and the utility of updating the data would be worthless.
(iii) The data cannot be utilized for strategic or tactical
intelligence studies.
(4) Investigative and treatment information shall not be disseminated
to any department, agency or individual unless the department, agency
or individual requesting the information is a criminal justice agency
which requests the information in connection with its duties, and the
request is based upon a name, fingerprints, modus operandi, genetic
typing, voice print or other identifying characteristic.
(5) Each municipal police department accessing automated information
shall file a copy of its procedures with the Pennsylvania State Police
for approval. Such plan shall be reviewed within 60 days.
(6) Each district attorney accessing automated information shall file a
copy of its procedures with the Office of Attorney General for
approval. Such plan shall be reviewed within 60 days.
(d) SECONDARY DISSEMINATION PROHIBITED.-- A criminal justice agency which possesses information protected by this section, but which is not the source of the information, shall not disseminate or disclose the information to another criminal justice agency but shall refer the requesting agency to the agency which was the source of the information. This prohibition shall not apply if the agency receiving the information is investigating or prosecuting a criminal incident in conjunction with the agency possessing the information. Agencies receiving information protected by this section assume the same level of responsibility for the security of such information as the agency which was the source of the information.
(e) NOTATIONS OF THE RECORD.-- Criminal justice agencies maintaining intelligence information, investigative information or treatment information must enter, as a permanent part of an individual's information file, a listing of all persons and agencies to whom they have disseminated that particular information, the date of the dissemination and the purpose for which the information was disseminated. This listing shall be maintained separate from the record itself.
(f) SECURITY REQUIREMENTS.-- Every criminal justice agency collecting, storing or disseminating intelligence information, investigative information or treatment information shall insure the confidentiality and security of such information by providing that, wherever such information is maintained, a criminal justice agency must:
(1) institute procedures to reasonably protect any repository from
theft, fire, sabotage, flood, wind or other natural or manmade
disasters;
(2) select, supervise and train all personnel authorized to have access
to intelligence information, investigative information or treatment
information;
(3) insure that, where computerized data processing is employed, the
equipment utilized for maintaining intelligence information,
investigative information or treatment information is dedicated solely
to purposes related to the administration of criminal justice or, if
the equipment is not used solely for the administration of criminal
justice, the criminal justice agency is accorded equal management
participation in computer operations used to maintain the intelligence
information, investigative information or treatment information.
(g) PENALTIES.-- Any person, including any agency or organization, who violates the provisions of this section shall be subject to the administrative penalties provided in section 9181 (relating to general administrative sanctions) and the civil penalties provided in section 9183 (relating to civil actions) in addition to any other civil or criminal penalty provided by law.
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