Policy Text
1Santa Clara County Office of the Sheriff
Surveillance Use Policy for Live Scan Machines & Mobile ID Fingerprint Machines
Purpose
Cal-ID AFIS Criminal Live Scan Machines (MorphoTrak LSS4000R), Applicant Live
Scan Machines (MorphoTrust ED/HD 5000), and Mobile Identification Fingerprint
Machines ("Mobile ID Machines" - Honeywell Intermec CN4) shall only be used to obtain
fingerprints, 1O-print and palm print documentation, or identification information and
assistance regarding individual persons, for the purpose of identification.
2. Authorized and Prohibited Uses
The following shall be the authorized and prohibited uses of Cal-ID AFIS Criminal Live
Scan Machines, Applicant Live Scan Machines, and Mobile ID Machines:
A. Ca1-ID AFIS Criminal Live Scan Machines are located on Sheriff s Office property and
shall be used to obtain finger and palm print documentation for individuals for booking,
pre-booking, pre-processing, or to assist in the proper identification of individuals.
Cal-ID AFIS Criminal Live Scan Machines shall also be used to verify and document
court-mandated registration compliance (e.g., sex offender registration, narcotics
offender registration, arson offender registration).
B. Applicant Live Scan Machines shall be used to provide a public service on a voluntary
basis for applicants, as required, for the purposes of employment, licensing, or
volunteering. Applicant Live Scan Machines shall remain separate and distinct in
location and purpose from Cal-ID AFIS Criminal Live Scan Machines.
C. The Santa Clara County Sheriff s Office coordinates a local law enforcement Mobile
ID program in which local police agencies utilize Mobile ID Machines. Local law
enforcement agencies shall be subject to their own policies governing the use of Mobile
ID Machines. Santa ClaruCounty Sheriff s Office personnel shall be subject to this
Surveillance Use Policy.
D. Mobile ID Machines are portable devices that may be used by Sheriff s sworn
personnel during the course of their duties to assist in documenting contact with an
individual or individuals, or for assistance in identifyrng an individual or individuals.
Mobile ID Machines may, on occasion, be used to assist in determining the identity of a
decedent under special or unique circumstances, including a mass casualty incident,
and only with expressed permission or authorization from the Santa Clara County
Medical-Examiner Coroner' s Offi ce.
E. Cal-ID AFIS Criminal Live Scan Machines and Mobile ID Machines may be used for
other law enforcement or first responder purposes not prohibited by law.
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Live Scan Machines and Mobile ID Fingerprint MachinesPage I of3
August 2018
Approved: 08/28/2018
F. All other uses for Cal-ID AFIS Criminal Live Scan Machines, Applicant Live Scan
Machines, and Mobile ID Machines not referenced above shall be prohibited; and such
technology shall not be used for personal or non-law-enforcement purposes.
3.Data Collection
Cal-ID AFIS Criminal Live Scan Machines, Applicant Live Scan Machines, and Mobile
ID Machines collect digital images of an individual's fingerprints and/or palm prints.
4. Data Access
Access to Sheriff s Office collected Cal-ID AFIS Criminal Live Scan Machine, Applicant
Live Scan Machine, and Mobile ID Machine data shall be limited to authorized Sherifls
Office personnel (including supervisors and administrators), Investigative staff Records
staff, authorized Information Systems staff and Sheriff s Identification Unit staff, as well as
County personnel designated by the Sheriff or the SherifPs designee to the extent that the
Sheriff or Sheriff s designee determines that access is reasonably necessary for a specific
criminal, civil, or administrative investigation or action.
5.Data Protection
Data on Cal-ID AFIS Criminal Live Scan Machines, Applicant Live Scan Machines, and
Mobile ID Machines shall be password protected. Usernames and passwords shall be
required to utilize the equipment. Storage of data from the Cal ID AFIS Criminal and
Applicant Live Scan Machines and Mobile ID Machines shall be maintained and retained
in secure locations with access restricted to authorized personnel.
6.Data Retention
Data compiled by the Sheriff s Office Cal-ID AFIS Criminal Live Scan Machines shall be
maintained indefinitely as a criminal offender record as mandated under 28 U.S. Code
section 534 and Penal Code section 11075. Data compiled by Applicant Live Scan
Machines shall be deleted from the Machines no longer than 180 days from the date of
collection, and shall not be retained on a server. Data compiled by Mobile ID Machines
shall not be retained on the Mobile ID Machines and shall be deleted from the seryer no
longer than 180 days from date of collection.
Public Access
Data from Live Scan and Mobile ID Machines shall be made public or deemed exempt
from public disclosure pursuant to state or federal law. For public requests for data, the
Sheriff s Office shall confer with County Counsel to determine whether the requested data
is exempt from disclosure pursuant to the Califomia Public Records Act, or is legally
required to be disclosed, and shall respond to requests in compliance with applicable law.
8.Third-Party Data-Sharing
Data-sharing from the Cal-ID AFIS Criminal Live Scan Machines, Applicant Live Scan
Machines, and Mobile ID Machines shall be limited to only the following:7
Santa Clara County Office of the Sheriff
Surveillance Use Policy - Live Scan Machines and Mobile ID Fingerprint MachinesPage 2 of 3
August 2018
9o Department of Justice;
o Automated Fingerprint Identification System database, which outside law enforcement
agencies may access;
o The District Attorney's Office;
o The Public Defender's Office or criminal defense attorney via the District Attorney's
Office in accordance with Califomia discovery laws;
o Other law enforcern