California Code of Regulations › Title 11 - Law › Division 1 - Attorney General › Chapter 7.5 - Department of Justice Regulations for the Fair and Accurate Governance of the Calgang Database › Article 3 - Access to the Calgang Database, Admission, and Dissemination of Intelligence › Section 751.4 - Proxy Query to the Information Contained in the Calgang Database

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) A User shall not
				  permit any other person access to their CalGang account. However, a User may
				  disseminate information from the CalGang database by utilizing the proxy query
				  feature within the CalGang database to conduct a search for a Non-User who
				  demonstrates a right to know and a need to know.
(1) The Non-User requesting a proxy query shall
				  complete the CalGang Proxy Query Agreement form CJIS 9007 (orig. November 2019),
				  incorporated by reference herein, prior to receiving any data or information from
				  the CalGang database. Once the Non-User completes the CalGang Proxy Query Agreement
				  form, the Non-User shall send it to the User. A copy of each CalGang Proxy Query
				  Agreement form shall be kept on file by the User. The User shall provide the
				  Department with a copy of each completed CalGang Proxy Query Agreement form within
				  30 calendar days of conducting a proxy query.
(2) When conducting a proxy query, the User shall
				  enter into the CalGang database the information the Non-User provided in the CalGang
				  Proxy Query Agreement form as the reason for conducting the proxy query.
(3) If a Non-User has an urgent need to request a
				  proxy query while in the field and is unable to complete the CalGang Proxy Query
				  Agreement form, a proxy query may be conducted by a User utilizing the proxy query
				  feature within the CalGang database 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 CalGang Proxy Query Agreement form and retain that information
				  until a completed CalGang Proxy Query Agreement form is received from the
				  Non-User.
(B) The User shall read the
				  following statement to the Non-User:
1. All
				  information from the CalGang database is protected criminal intelligence data. Under
				  no circumstances shall information from the CalGang database be released to the
				  public or the media. Information in the CalGang database is confidential and shall
				  not be referred to in official reports. Information from the CalGang 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 CalGang 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 CalGang Proxy Query Agreement form within 10 working
				  days of the query.
(D) The requesting
				  Non-User shall agree to sign the CalGang Proxy Query Agreement form, 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 CalGang Proxy Query Agreement form is provided. If a
				  User conducted a proxy query and a signed CalGang Proxy Query Agreement form has not
				  been received by the User within 15 working days of the query:
1. The User shall contact the Non-User to retrieve
				  a signed CalGang Proxy Query Agreement form. The Department shall suspend or revoke
				  the User's access unless the User can demonstrate that they attempted to contact the
				  Non-User on the 15th working day after the proxy query was conducted.
2. A notation shall be made in the CalGang
				  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 CalGang Proxy Query Agreement form is received by the original User for the
				  non-compliant Non-User.