Policy Text
Policy
810Fremont Police Department
Protected Information
810.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidelines for the access, transmission, release and
security of protected information by members of the Fremont Police Department. This policy
addresses the protected information that is used in the day-to-day operation of the Department
and not the public records information covered in the Records Release and Security Policy.
810.1.1 DEFINITIONS
Definitions related to this policy include:
Protected information - Any information or data that is collected, stored or accessed by members
of the Fremont Police Department and is subject to any access or release restrictions imposed by
law, regulation, order or use agreement. This includes all information contained in federal, state
or local law enforcement databases that is not accessible to the public.
810.2 POLICY
Members of the Fremont Police Department will adhere to all applicable laws, orders, regulations,
use agreements and training related to the access, use, dissemination and release of protected
information.
810.3 RESPONSIBILITIES
The Chief of Police shall select a member of the Department to coordinate the use of protected
information.
The responsibilities of this position include but are not limited to:
(a)Ensuring member compliance with this policy and with requirements applicable to
protected information, including requirements for the National Crime Information
Center (NCIC) system, National Law Enforcement Telecommunications System
(NLETS), Department of Motor Vehicles (DMV) records, and California Law
Enforcement Telecommunications System (CLETS).
(b)Developing, disseminating, and maintaining procedures that adopt or comply with
the U.S. Department of Justice's current Criminal Justice Information Services (CJIS)
Security Policy. See the Fremont Police Department CJIS Access, Maintenance, and
Security Policy for additional guidance.
(c)Developing, disseminating, and maintaining any other procedures necessary to
comply with any other requirements for the access, use, dissemination, release, and
security of protected information.
(d)Developing procedures to ensure training and certification requirements are met.
(e)Resolving specific questions that arise regarding authorized recipients of protected
information.
(f)Ensuring security practices and procedures are in place to comply with requirements
applicable to protected information.
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Protected Information
810.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, user
agreement, Fremont Police Department policy, or training. Only those members who have
completed applicable training and met any applicable requirements, such as a background check,
may access protected information, and only when the member has a legitimate work-related
reason for such access.
Unauthorized access, including access for other than a legitimate work-related purpose, is
prohibited and may subject a member to administrative action pursuant to the Personnel
Complaints Policy and/or criminal prosecution. See the CJIS Access, Maintenance, and Security
Policy for additional guidance.
810.4.1 PENALTIES FOR MISUSE OF RECORDS
It is a misdemeanor to furnish, buy, receive or possess Department of Justice criminal history
information without authorization by law (Penal Code § 11143).
Authorized persons or agencies violating state regulations regarding the security of Criminal
Offender Record Information (CORI) maintained by the California Department of Justice may lose
direct access to CORI (11 CCR 702).
810.5 RELEASE OR DISSEMINATION OF PROTECTED INFORMATION
Protected information may be released only to authorized recipients who have both a right to know
and a need to know.
A member who is asked to release protected information that should not be released should refer
the requesting person to a supervisor or to the Records Administrator for information regarding
a formal request.
Unless otherwise ordered or when an investigation would be jeopardized, protected information
maintained by the Department may generally be shared with authorized persons from other
law enforcement agencies who are assisting in the investigation or conducting a related
investigation. Any such information should be released through the Records Unit to ensure proper
documentation of the release (see the Records Maintenance and Release Policy).
810.5.1 REVIEW OF CRIMINAL OFFENDER RECORD
Individuals requesting to review their own California criminal history information shall be referred
to the Department of Justice (Penal Code § 11121).
Individuals shall be allowed to review their arrest or conviction record on file with the Department
after complying with all legal requirements regarding authority and procedures in Penal Code §
11120 through Penal Code § 11127 (Penal Code § 13321).
810.5.2 TRANSMISSION GUIDELINES
Protected information, such as restricted Criminal Justice Information (CJI), which includes
Criminal History Record Information (CHRI), should not be transmitted via unencrypted radio.
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Protected Information
When circumstances reasonably indicate that the immediate safety of officers, other department
members, or the public is at risk, only summary information may be transmitted.
In cases where the transmission of protected information, such as Personally Identifiable
Information, is necessary to accomplish a legitimate law enforcement purpose, and utilization of
an encrypted radio channel is infeasible, a MDC or department-issued cellular telephone should
be utilized when practicable. If neither are available, unencrypted radio transmissions shall be
subject to the following:
•Elements of protected information should be broken up into multiple transmissions,
to minimally separate an individual’s combined last name