California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.6 - Department of Justice Regulations for the Fair and Accurate Governance of Shared Gang Databases › Article 3 - Access to a Shared Gang Database and Dissemination of Intelligence › Section 770.8 - Proxy Query to the Information Contained in a Shared Gang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A User shall not
				  permit any other person access to their account. However, a User may disseminate
				  information from a shared gang database via proxy query to conduct a search for a
				  Non-User who demonstrates a right to know and a need to know.
(1) The System Administrator shall either create a
				  form that collects the information set forth in subdivision (a)(2) of this section
				  or create a proxy query feature within the shared gang database and require that the
				  information in subdivision (a)(2) be directly input into the shared gang database.
				  If the information is directly input into the shared gang database, there shall be a
				  way to print this information so that a copy of each proxy query request can be
				  provided to the Department. The User shall provide the Department with a copy of
				  each completed form or a copy of each proxy query request within 30 calendar days of
				  conducting a proxy query.
(2) The User
				  shall require the Non-User to provide the following information:
(A) First and last name of the
				  requestor.
(B) ID number (badge number
				  or other identifier unique to this requestor only).
(C) Email address of the requestor.
(D) Agency the requestor represents.
(E) Telephone number of the requestor.
(F) The reason for the proxy query.
(G) The direct report number, report number,
				  incident number, or any corresponding number that would identify which source
				  document the person who the record pertains to was referenced
				  within.
(3) If the System
				  Administrator creates a form that collects the information set forth in subdivision
				  (a)(2) of this section, and a Non-User has an urgent need to request a proxy query
				  while in the field and is unable to complete the form, a proxy query may be
				  conducted by a User if the following requirements are met:
(A) The User receiving the urgent proxy query
				  request from the Non-User shall request the same information from the Non-User that
				  is contained in the form and retain that information until a completed form is
				  received from the Non-User.
(B) The User
				  shall read the following statement to the Non-User:
1. All information from the shared gang database
				  is protected criminal intelligence data. Under no circumstances shall information
				  from the shared gang database be released to the public or the media. Information in
				  the shared gang database is confidential and shall not be referred to in official
				  reports. Information from the shared gang database shall not be accessed or used for
				  any reason other than investigative purposes and shall not be used for the purposes
				  of documenting immigration status or any other unlawful purpose. The database shall
				  not be used for the purposes of enforcing federal immigration law, unless required
				  by California state or federal statute or regulation; for military or employment
				  screening purposes; or for non-criminal internal affairs investigations. However,
				  this restriction does not prohibit the exchange of any information regarding a
				  person's immigration or citizenship status pursuant to sections
				  1373 and
				  1644 of title 8 of the United States
				  Code. Misuse of the shared gang database, or any information within it, may result
				  in penalties, pursuant to Penal Code section
				  186.36.
(C) The User shall notify the Non-User of the
				  requirement to sign and send a form within 10 working days of the query.
(D) The requesting Non-User shall agree to sign
				  the form pursuant to subdivision (a)(3)(C), and shall send the signed form within 10
				  working days of the query.
(E) The User
				  is responsible for following up with the Non-User to ensure a signed form is
				  provided. If a User is found to have conducted a proxy query and a signed form has
				  not been sent by the Non-User within 10 working days of the query:
1. The System Administrator shall suspend or
				  revoke the User's access unless the User can demonstrate that they attempted to
				  contact the Non-User to retrieve a signed form if a signed form was not received
				  within 15 working days of conducting the proxy query.
2. A notation shall be made in the shared gang
				  database for the non-compliant Non-User and the Non-User's agency, and future proxy
				  query requests made by the Non-User and the Non-User's agency shall be denied until
				  a signed form is received by the original User for the non-compliant
				  Non-User.