Alabama Administrative Code › Title 265 - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER › Chapter 265-X-2 - SECURITY AND CONFIDENTIALITY OF CRIMINAL JUSTICE INFORMATION › Appendix F - ALABAMA CRIMINAL JUSTICE INFORMATION CENTER (ACJIC) MEMORANDUM OF AGREEMENT FOR THIRD PARTY USERS OF THE ALABAMA BACKGROUND CHECK (ABC) SYSTEM

Current through Register Vol. 42, No. 9, June 28, 2024
This "Memorandum of Agreement for Third Party Use of the
				Alabama Background Check (ABC) System" (Third Party Agreement) may be submitted
				to the Alabama Criminal Justice Information Center (ACJIC), which administers
				the Alabama Background Check (ABC) System, by an active ABC System Subscriber /
				employer
This Memorandum of Agreement must be read and signed by
				an authorized representative of the Subscriber (employer) and by an authorized
				representative of the Third-Party User entity the subscriber seeks
				approval
to
request and/or obtain ABC reports on its
				behalf.
After a determination is made approving and/or disapproving the
				"Third Party User" access by the Alabama Criminal Justice Information Center,
				the ABC System Subscriber and the "Third Party User" will be notified of the
				status of this request by ACJIC.
Eligibility
Subscribers to the ABC system may request that another entity
				be permitted to search and/or obtain ABC reports only for employees or
				prospective employees who have provided the Subscriber with the "right to know"
				through a signed ABC System Report waiver. This practice is only allowable when
				the Subscriber has outsourced its personnel recruiting and screening activities
				to the Third Party User business entity, therefore making it necessary for that
				entity to access the ABC system and/or view the ABC Reports on the Subscriber's
				behalf.
In order to request that a "third party user" be allowed to
				receive ABC reports, the subscriber must have a valid ABC System subscription
				agreement in place with ACJIC. Additionally, the subscriber must provide ACJIC
				with documentation stating that the specified third party will search and/or
				obtain ABC Reports only on the behalf of the subscriber while conducting the
				Subscriber's employment recruitment and screening services.
The Subscriber must sign this agreement, must verify that the
				information included in this Memorandum of Agreement is accurate, and must
				ensure that that the original, signed Memorandum of Agreement is sent to the
				Alabama Criminal Justice Information Center at its current mailing address. The
				Subscriber must also retain a copy of this signed "Memorandum of Agreement for
				Third Party Use of the Alabama Background Check (ABC) System".
Third Party User Agreement
ABC System Third Party Users must provide the name of the
				authorized ABC System Subscriber when requesting and/or obtaining any
				information through the Alabama Background Check (ABC) system. Prior to
				conducting any search, the Third Party User must poses a copy of the waiver
				signed by the employee or prospective employee of the subscribing agency or
				entity on whose behalf the search is conducted. ABC System Waivers must be sent
				to ACJIC electronically in a form prescribed by ACJIC.
By signing this agreement, the Subscriber and the Third Party
				User both agrees that the data obtained from the ABC system will
not
be used for any unlawful purposes, including violations of
				state or federal employment laws or regulations. The Subscriber and the Third
				Party User certify that all information obtained through the ABC system is for
				the express use of those who have established a "right to know", which is
				defined as having a signed waiver from the employee or prospective employee
				whose criminal history is being requested.
By signing this document, the
				Subscriber and the Third Party User also certify that the information requested
				and/or obtained through the ABC System will not be shared with any external
				agent or entity other than the subscriber agency for which the ABC System
				report was requested. The Subscriber and the Third Party User also certify that
				information obtained through the ABC system will not be compiled into a
				database, spreadsheet or other document intended to aggregate the criminal
				history records of multiple individuals into a single electronic
				file.
The Subscriber and the Third Party User also agree to notify
				ACJIC in the event their agreement and/or relationship involving the
				outsourcing of the personnel recruiting and screening activities is terminated
				and/or no longer exists. Once a Third Party User ceases to provide personnel
				services for the Subscriber, the Third Part User agrees to immediately cease
				any attempt to access to the ABC system under username(s) and password(s)
				associated with the subscriber, and the Subscriber agrees to immediately
				contact ACJIC to terminate this Memorandum of Agreement and to request that the
				Third Party User's access to the ABC System on the Subscriber's behalf be
				terminated.
The Subscriber and the Third Party User agree to indemnify and
				hold harmless ACJIC, the State of Alabama, its officers, directors and
				employees for any claim of damages (including attorneys' fees and expenses
				incurred by ACJIC and/or the State of Alabama in defending any claim for
				damages) resulting from information obtained through the ABC system.
By signing this agreement, the Subscriber and the Third Party
				User both acknowledge ACJIC's right to audit queries made through the ABC
				system and all penalties associated with misuse of the system as described in
				the next section.
Audit Requirements and Penalties for Misuse of the ABC
				System
ACJIC retains the right to inspect (audit) the Third Party
				User's agreement and any and/or all of the authorizing employee/prospective
				employee waivers at any time during the subscription agreement or within three
				years of termination of service. In the event it is determined an ABC report
				was obtained by an third party user without a valid third party user's
				agreement and/or employee waiver, the receiving entity may be subject to
				criminal prosecution for misuse of criminal history data as defined in §
								41-9-601, Code of Alabama 1975.
Third party users may be required to have the audit copies of
				user's agreements and waivers available to ACJIC in (1) a single location to be
				determined by ACJIC; and (2) on a specific date or dates to be determined by
				ACJIC.
§
										41-9-601 - Obtaining, etc., of criminal
				offender record information under false pretenses, falsification of
				information, etc.
Any person who willfully requests, obtains or seeks to
				obtain criminal offender record information under false pretenses or who
				willfully communicates or seeks to communicate criminal offender record
				information to any agency or person except in accordance with this article, or
				any member, officer, employee or agent of the ACJIC, the ACJIC or any
				participating agency who willfully falsifies criminal offender record
				information or any records relating thereto shall, for each offense, be fined
				not less than $5,000.00 nor more than $10,000.00 or imprisoned in the state
				penitentiary for not more than five years or both.
Additional penalties that may apply in the event criminal
				history information is unlawfully obtained include, but are not limited
				to:
§
										13A-8-100 - Offenses against intellectual
				property.
(a)
Whoever willfully, knowingly, and without authorization or without reasonable
			 grounds to believe that he or she has such authorization, attempts or achieves
			 access, communication, examination, or modification of data, computer programs,
			 or supporting documentation residing or existing internal or external to a
			 computer, computer system, or computer network commits an offense against
			 intellectual property.
(b)
Whoever willfully, knowingly, and without authorization or without
			 reasonable grounds to believe that he or she has such authorization, destroys
			 data, computer programs, or supporting documentation residing or existing
			 internal or external to a computer, computer system, or computer network
			 commits an offense against intellectual property.
(c)
Whoever willfully, knowingly,
			 and without authorization or without reasonable grounds to believe that he or
			 she has such authorization, discloses, uses, or takes data, computer programs,
			 or supporting documentation residing or existing internal or external to a
			 computer, computer system, or computer network commits an offense against
			 intellectual property.
(d)
(1)
Except as otherwise provided in
			 this subsection, an offense against intellectual property is a Class A
			 misdemeanor, punishable as provided by law.
(2)
If the offense is committed for
			 the purpose of devising or executing any scheme or artifice to defraud or to
			 obtain any property, then the offender is guilty of a Class C felony,
			 punishable as provided by law.
(3)
If the damage to such
			 intellectual property is greater than two thousand five hundred dollars
			 ($2,500), or if there is an interruption or impairment of governmental
			 operation or public communication, transportation, or supply of water, gas, or
			 other public or utility service, then the offender is guilty of a Class B
			 felony, punishable as provided by law.
(4)
Whoever willfully, knowingly,
			 and without authorization alters or removes data causing physical injury to any
			 person who is not involved in said act shall be guilty of a Class A felony,
			 punishable as provided by law.