082 - Policy 082

D.A.V.I.D. SYSTEM USAGE/MEMORANDUM UNDERSTANDING OF EFFECTIVE DATE: 08/21/09 STANDARD NO. 082 REVISED: 08/17/15 REPLACES: SOP #082 – D.A.V.I.D. SYSTEM/MEMORANDUM OF UNDERSTANDING – Rev. 08/24/11 OBJECTIVE: To establish guidelines regarding the use and security of the Driver and Vehicle Information Database (DAVID) System. POLICY: It is the policy of the Homestead Police Department (HPD) to comply with the Memorandum of Understanding (MOU) we have with the Department of Highway Safety and Motor Vehicles (DHSMV) for data exchange and use which requires the confidentiality of the information received from the system and rules related to the Drivers Privacy Protection Act (DPPA) as well as Chapter 119 of the Florida Statutes. SCOPE: All employees of this Department shall be governed by the procedures set forth below. I. DRIVER AND VEHICLE INFORMATION DATABASE (DAVID) SYSTEM: DAVID is a multifaceted database that affords immediate retrieval of person’s driver A. license, motor vehicle and traffic crash information. It provides accurate, concise, and up-to-date information that is indispensable for law enforcement and criminal justice officials. The information is available only to certified users. B. To access this information, Homestead Police Department (HPD) has entered into a Memorandum of Understanding (MOU) agreement with the Department of Highway Safety and Motor Vehicles (DHSMV). C. The purpose of the MOU is to establish conditions under which DHSMV agrees to provide electronic access to information relating to driver license, motor vehicle, or traffic crash data to HPD. HPD is performing as a government entity accessing data through one of the Driver License and Vehicle Information Database systems with access to driver license photographs and signatures, as authorized by Section 322.142(4), Florida Statutes. In addition, the MOU describes HPD’s responsibilities related to the use and security of driver and vehicle data and to ensure that the information exchanged under the MOU is appropriately used. D. Information Security: 1. All data contained within the DAVID system is sensitive and privileged information and shall be handled accordingly. To maintain the integrity of this information, the records will be accorded proper management and security, and will only be accessed and used by authorized personnel in accordance with state and federal law. 2. Activity associated with any aspect of the DAVID system is subject to detailed monitoring and audits to protect against improper or unauthorized use. D.A.V.I.D. System Usage/Memorandum of Understanding – SOP# 082 E. Unauthorized Uses: 1. Unauthorized use includes, but is not limited to, queries not related to an official law enforcement purpose, personal use, negligent use, improper use, unauthorized dissemination, sharing, copying, or passing of DAVID information to unauthorized users. Any unauthorized use may result in civil proceedings against the offending agency, as well as criminal proceedings against any user and/or other person involved. 2. Violations or misuse may also subject the user and the user’s agency to administrative sanctions and possible disciplinary action by their agency, and could result in DAVID access termination. 3. Accessing the DAVID system by any individual or agency constitutes their consent to the monitoring of all activities, as well as consent to the suspension or termination of their access privileges during or following any audit that determines misuse of the system. 4. Examples of Misuse: a. Looking up addresses for Christmas card mailing list. b. Checking yours’ or a family member’s driving record. c. Checking out photos of friends, relatives or yourself. d. Looking up celebrities, politicians, or other law enforcement personnel that are not a part of an official investigation. e. Copying information to supply to friends, family, or the public. f. Posting information on information boards or blogs where it is exposed to the public. F. Penalties for Misuse: 1. Misuse of the DAVID system constitutes a violation of Public Records Chapter 119 of Florida Statutes, which is a misdemeanor in the first degree.