Policy Text
Policy
812Mountain View Police Department
Mountain View PD Policy Manual
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentProtected Information - 1Protected Information
812.1 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 Mountain View 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.
812.1.1 DEFINITIONS
Definitions related to this policy include:
Protected information - Any information or data that is collected, stored or accessed by members
of the Mountain View 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.
812.2 POLICY
Members of the Mountain View 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.
812.3 RESPONSIBILITIES
The Police Chief 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.
Mountain View Police Department
Mountain View PD Policy Manual
Protected Information
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentProtected Information - 2812.4 ACCESS TO PROTECTED INFORMATION
Protected information shall not be accessed in violation of any law, order, regulation, user
agreement, Mountain View 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.
812.4.1 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).
812.5 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 Supervisor 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).
Protected information, such as Criminal Justice Information (CJI), which includes Criminal History
Record Information (CHRI), should generally not be transmitted by radio, cellular telephone or any
other type of wireless transmission to members in the field or in vehicles through any computer or
electronic device, except in cases where there is an immediate need for the information to further
an investigation or where circumstances reasonably indicate that the immediate safety of officers,
other department members or the public is at risk.
Nothing in this policy is intended to prohibit broadcasting warrant information.
812.5.1 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).
Mountain View Police Department
Mountain View PD Policy Manual
Protected Information
Copyright Lexipol, LLC 2019/12/16, All Rights Reserved.
Published with permission by Mountain View Police
DepartmentProtected Information - 3Individuals shall be allowed to review their arrest or conviction record on file with the Santa Clara
County Sheriff's Department after complying with all legal requirements regarding authority and
procedures in Penal Code § 11120 through Penal Code § 11127 (Penal Code § 13321).
812.6 SECURITY OF PROTECTED INFORMATION
The Police Chief will select a member of the Department to oversee the security of protected
information.
The responsibilities of this position include, but are not limited to:
(a)Developing and maintaining security practices