575-007-0340 Record Keeping, Confidentiality (1) LEDS Reports. (a) Confidentiality. All LEDS reports are confidential and must be maintained by the authorized designee in accordance with applicable Oregon State Police requirements in ORS chapter 181 and the rules adopted pursuant thereto. (NOTE: See OAR chapter 257, division 15). (A) Authorized Designee Access. LEDS reports are confidential and may only be shared with another authorized designee if there is a need to know consistent with these rules. (B) Subject Individual Access. (i) The subject individual must be allowed to inspect the LEDS report if the subject individual requests to see it. The LEDS report, and photocopies of the LEDS report, must not be given to the subject individual, with the following exception: (ii) If a fingerprint-based criminal records check was conducted on the subject individual, then the subject individual shall not only be permitted to inspect the individual's own state and national criminal offender records, but if requested by the subject individual, be provided with a copy of those same records. (b) Retention. LEDS reports must be retained and destroyed in accordance with records retention schedules published by Oregon State Archives. (2) National (FBI) Information. (a) Confidentiality and Dissemination. (A) National criminal information provided by the FBI is confidential and may not be disseminated by the Commission, with the following exception: (B) If a fingerprint-based criminal records check was conducted on the subject individual, then the subject individual shall not only be permitted to inspect the individual's own state and national criminal offender records, but if requested by the subject individual, be provided with a copy of those same records. (b) Retention. FBI reports must be retained and destroyed in accordance with records retention schedules published by Oregon State Archives and in accordance with federal law. (3) Fingerprint Cards: (a) The Federal Bureau of Investigation (FBI) shall return or destroy the fingerprint cards used to conduct the criminal records check and may not keep any record of the fingerprints. If the FBI policy authorizing return or destruction of the fingerprint cards is changed, the Department of State Police shall cease to send the cards to the FBI but shall continue to process the information through other available resources. (b) If the FBI returns the fingerprint cards to the Department of State Police, the Commission shall destroy the fingerprint cards and shall retain no facsimiles or other material from which a fingerprint can be reproduced. (c) If only a state criminal records check is conducted, the Department of State Police shall destroy the fingerprint cards after the criminal records check is completed and the results of the criminal records check are provided to the Commission and shall retain no facsimiles or other material from which a fingerprint can be reproduced. (4) OSAC Criminal Records Request Forms and Other Documentation. (a) Confidentiality. All completed OSAC Criminal Records Request forms must be kept confidential and disseminated only on a need-to-know basis. (b) Retention. OSAC Criminal Records Request forms and other records documenting the criminal records check and used in the fitness determination must be retained and destroyed in accordance with records retention schedules published by Oregon State Archives and implemented by Department of Administrative Services, Human Resources Division. (5) OSAC History Database. Commission maintains a database regarding criminal records checks. (a) Data. The authorized designee will maintain a system of information regarding criminal records checks for volunteers and contractor who have been active within the past three years. (b) Confidentiality. Records maintained under section (4) of this rule are confidential and are only disseminated by the Commission as allowed by these rules and in accordance with the rules of the Oregon State Police (OSP). (c) Retention. Information maintained in the database must be retained and destroyed in accordance with records retention schedules published by Oregon State Archives and in accordance with federal law. Statutory/Other Authority: ORS 348; Ch. 730 2005 OL & HB. 2157 2005 OL Statutes/Other Implemented: Ch. 730 2005 OL History: OSAC 1-2015, f. & cert. ef. 12-18-15 OSAC 4-2006, f. & cert. ef. 11-1-06