Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 81 - Criminal Intelligence Information › Rule 661-81.2 - Iowa Law Enforcement Intelligence Network (LEIN) Information System

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
LEIN
			 information system.
The Iowa law enforcement intelligence network
			 (LEIN) information system is the statewide interjurisdictional intelligence
			 system maintained and operated by the intelligence bureau of the department of
			 public safety, for the regular interagency exchange of criminal intelligence
			 files. Criminal intelligence files contained in the LEIN information system may
			 be disseminated or redisseminated by the intelligence bureau of the department
			 of public safety, consistent with Iowa Code chapter 692.
(2)
Direct computer access.
The commissioner of public safety may authorize a peace officer, criminal
			 justice agency, or state or federal regulatory agency to access the LEIN
			 information system directly via a remote computer terminal, provided that the
			 authorized individual or agency follows approved procedures regarding receipt,
			 maintenance, dissemination, submission and security of information, and related
			 training. Authorization may be provided in writing or electronically.
(3)
Termination of authorization for
			 direct computer access.
The commissioner of public safety may, at any
			 time for good cause, terminate authorization for direct, remote computer access
			 to the LEIN information system which has been previously approved. An
			 individual or agency whose authorization to directly access the LEIN
			 information system via remote computer has been terminated may appeal the
			 termination in accordance with procedures for contested cases established in
			 661-Chapter 10.
(4)
Reinstatement of authorization for direct computer access.
Any
			 user whose authorization for direct, remote computer access to the LEIN
			 information system has been terminated may apply for the authorization for
			 access to be reinstated, provided that the problem which led to the termination
			 has been corrected.
(5)
Applications for direct computer access.
To apply for direct,
			 remote computer access to the LEIN information system or to obtain further
			 information about the LEIN information system, a person shall contact the
			 Intelligence Bureau, Iowa Department of Public Safety, State Public Safety
			 Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319, or by
			 electronic mail via the Internet at
intinfo@dps.state.ia.us
.
(6)
Entry of
			 information-restrictions.
Information about the political, religious,
			 racial, or social views, associations, activities or sexual orientation of any
			 individual shall not be entered into the LEIN information system unless such
			 information constitutes noncriminal identifying information or is relevant to
			 an investigation of criminal conduct or activity involving an identifiable
			 individual.
(7)
Entry of
			 information-conformance with applicable law.
No information that is
			 deemed unreliable because it has been obtained in violation of any applicable
			 federal, state, or local law or ordinance, or these rules, may be entered into
			 the LEIN information system.
(8)
Dissemination.
Intelligence data from the LEIN information
			 system may be disseminated only to peace officers, criminal justice agencies,
			 or state or federal regulatory agencies. Intelligence data from the LEIN
			 information system may be disseminated only when there is a right to know and a
			 need to know in the performance of a law enforcement activity. Intelligence
			 data from the LEIN information system shall not be disseminated to any user
			 whose authorization to access the LEIN information system has been terminated
			 and has not been reinstated.
Exception: Intelligence assessments may be disseminated to any
				agency or organization for an official purpose or to a person in order to
				protect a person or property from the threat of imminent serious harm as
				defined in rule
				661-81.1
				(692).
(9)
Redissemination of intelligence data.
An agency, organization,
			 or person receiving intelligence data from the department pursuant to Iowa Code
			 chapter 692 may redisseminate the intelligence data only if authorized by the
			 agency or peace officer who originally provided the data and if the data is for
			 an official purpose in connection with the prescribed duties of the recipient.
			 If the agency, organization, or person receiving the information is not a peace
			 officer, criminal or juvenile justice agency, or state or federal regulatory
			 agency, redissemination is allowed only if such redissemination is for an
			 official purpose and if the information is redisseminated in order to protect a
			 person or property from the threat of imminent serious harm. The department may
			 also place restrictions on the redissemination by the agency, organization, or
			 person receiving the intelligence data. Any agency, organization, or person who
			 redisseminates intelligence data pursuant to Iowa Code chapter 692 must
			 maintain a list of the agencies, organizations, and persons receiving the
			 intelligence data and the purpose of the redissemination. Intelligence data
			 must be maintained separately from and should not be included in any form in
			 any investigative or prosecutorial files.
(10)
Redissemination of intelligence
			 assessment.
An agency, organization, or person receiving an
			 intelligence assessment from the department pursuant to Iowa Code chapter 692
			 may redisseminate the intelligence assessment only if authorized by the
			 department and only if the redissemination is for an official purpose in
			 connection with the prescribed duties of the recipient. If the agency,
			 organization, or person receiving the intelligence assessment is not a peace
			 officer, criminal or juvenile justice agency, or state or federal regulatory
			 agency, redissemination is allowed only if such redissemination is to protect a
			 person or property from the threat of imminent serious harm. The department may
			 also place restrictions on the redissemination by the agency, organization, or
			 person receiving the intelligence assessment. Any agency, organization, or
			 person who redisseminates an intelligence assessment pursuant to Iowa Code
			 chapter 692 must maintain a list of the agencies, organizations, and persons
			 receiving the intelligence assessment and the purpose of the redissemination.
			 An agency, organization, or person who redisseminates information without
			 proper authorization may be prohibited from receiving further intelligence
			 assessments.
[Editorial change: IAC Supplement 6/17/09]