GGPDE_2020-24_CLETS_Misuse_2087910

JACKIE LACEY DISTRICT ATTORNEY LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE ONEMINUTE BRIEF COPYRIGHT © 2020 LOS ANGELES COUNTY DISTRICT ATTORNEY’S OFFICE. ALL RIGHTS RESERVED. MAY BE REPRODUCED FOR NON -COMMERCIA L PROSECUTORIAL, LAW ENFORCEMENT AND EDUCATIONAL PURPOSES ONLY . 1MB@da.lacounty.gov NUMBER : 2020-24 DATE : 07-28-20 BY: Devallis Rutledge TOPIC : CLETS Misuse ISSUE : What restrictions apply to the use of CLETS ? The California Law Enforcement Telecommunications System , under direction of the California Department of Justice, allows prosecutors, law enforcement officers and other specified officials to access datab ases containing criminal history in formation, restraining orders and other official records, “exclusively ” to perform their official functions . GC § 15153. Various stat utes limit access to official databases and impose restrictions on the uses to which information may be put, and on those wh o are , or ar e not , authorized to receive such information. These statutes include the following: • GC § 19990 (c)—state officers who divulge confidential information to any unauthorized persons may be charged with a misdemeanor (per GC § 1222). • PC § 502 —unauth orized access to computer databases may be punished as a felony or a misdemeanor, in a variety of circumstances. • PC §§ 11142, 13302, 13303 ; VC § 1808.45—an official who is authorized to access official databases who furnishes information from the database to an unau thorized pers on generally commits a misdemeanor. • PC §§ 11143, 13304 —an unau thorized person (except a journalist ) who knowingly buys, receives or possesses controlled official information commits a misdemeanor. Sanctions for violation of these p rovision s may include the following: • Criminal Prosecution. “Violations of the law regarding dissemination of confidential records are sanctionable and may result in criminal prosecution and punishment .” Hollywood v. Superior Court (2008) 43 Cal.4th 721, 730. This information was current as of publication date. It is not intended as legal advice. It is recommended that readers check for subsequen t developments, and consult legal advisors to ensure currency after publication. Local policies and procedures r egarding application should be observed. LADA ONE -MINUTE BRIEF NO. 20 20-24 PAGE 2 • Administr ative discipli ne. Ellins v. Sierra Madre (2016) 244 Cal.App.4th 445 (police officer was fired for mak ing 12 person al CLETS inquiries on his ex -girlfriend and her family); Richardson v. San Francisco (2013) 214 Cal.App.4th 671 (police offi cer was fired for running 48 personal CLETS inquiries on her friends and acqua intances); Bellizzi v. San Diego County , No. D052021, unpublished decision of the Court of Appeal at 2008 WL 4383076 (DA investigator was fired for making a n unofficial CLETS inq uiry and furnishing the results to a retired ju dge, who had requested the information “as a personal favor ”). • Civil Liability. Art. l, § 1, of the California Constitution , protects against invasion of privacy. Violations are actionable. Hill v. NCA A (1994) 7 Ca l.4th 1. The Information Practices Act, Civ. C § 1798.53 , creates a specific cause of action for unauthorized disclosure of private information obtained fro m official records, and mandates award of at least $2500 punitive damages to prevailing plai ntiffs , in addition to proven damages and attorney ’s fees . When punitive damages are assessed against a n official, the employing agency is not required to indemnify the employee for this amount. GC § 825 (a). • Recusal. A prosecutor or his or her office ma y be subjec t to recusal from prosecuting a criminal c ase. PC § 1424; Hollywood v. Superior Court, supra , at 730 (“…recusal may be available in cases where there has been an illegal disclosure of confidential docu ments….). • CLETS Interruption or Removal. Misuse of CLETS may res ult in the DOJ issuing a letter of censure, or suspending access for a specified period, or removing a CLETS terminal. See DOJ “Policies , Practices and Procedures ” manual , § 1.10.1 B. Th is CLETS manual is at https://oag.ca.gov/sites/default/fil es/clets -ppp.pdf (LADA office policy is at LPM § 26.13 ). BOTTOM LINE : CLETS is for official use only . Violations may have a broad range of adverse consequences for an offend ing officia l or agency.