Policy Text
Policy
806Garden Grove Police Department
Policy Manual
Copyright Lexipol, LLC 2022/05/20, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentProtected Information - 1Protected Information
806.1 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 Garden Grove 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 Maintenance and Release Policy.
806.1.1 DEFINITIONS
Definitions related to this policy include:
Protected information - Any information or data that is collected, stored or accessed by members
of the Garden Grove 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.
806.2 POLICY
Members of the Garden Grove 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.
806.3 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 Vehicle (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.
(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.
Garden Grove Police Department
Policy Manual
Protected Information
Copyright Lexipol, LLC 2022/05/20, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentProtected Information - 2806.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, user
agreement, Garden Grove 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.
806.4.1 ACCESS TO DEPARTMENT OF MOTOR VEHICLE RECORDS
California Vehicle Code Section 1808.21 specifies that any residence address in any record of
the Department of Motor Vehicles is confidential and shall not be disclosed to any person except
court, law enforcement agencies or other government agency.
It is a misdemeanor to release Department of Motor Vehicle records and information to any
person for a purpose other than law enforcement related queries, per Section 1808.45 of the
Vehicle Code. Any employee who is responsible for misuse of Department of Motor Vehicle record
information is subject to immediate dismissal. Violations of this law may also result in criminal
and/or civil action.
806.4.2 MISUSE OF CONFIDENTIAL INFORMATION POLICY FORM
It is the policy of the Garden Grove Police Department that each employee will sign a document
upon employment which states the policy of the department regarding confidentiality and
restrictions of release of all records pertaining to Criminal Justice Information and Department of
Motor Vehicle Records.
806.4.3 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).
806.5 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, and are unable to access the information at their own agency.
Personnel authorized to release criminal offender record information are:
(a)Chief of Police
(b)Bureau Commanders
(c)Records Manager
Garden Grove Police Department
Policy Manual
Protected Information
Copyright Lexipol, LLC 2022/05/20, All Rights Reserved.
Published with permission by Garden Grove Police
DepartmentProtected Information - 3(d)Records personnel
Personnel requesting criminal offender rap sheets for purposes OTHER THAN routine department
operations must complete form number 316K in order to request the information. The form will be
completed in full prior to the requester turning it into Records for processing. Completed forms
will be retained in Records in month/date order if no Incident number is assigned for a period not
less than three years as required in regulations of the Department of Justice Criminal Records
Security Unit.
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 Manager for information regarding a formal