2019 Delaware Code
Title 11 - Crimes and Criminal Procedure
Chapter 85. State Bureau of Identification
Subchapter XI The National Crime Prevention and Privacy Compact Act
§ 8599A Authorized record disclosures.
(a) State criminal history record repositories. To the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974” ), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history record repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General and that authorizes national indices checks.
(b) Criminal justice agencies and other governmental or nongovernmental agencies. The FBI, to the extent authorized by 5 U.S.C. § 552a (commonly known as the “Privacy Act of 1974” ), and state criminal history record repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General that authorizes national indices checks.
(c) Procedures. Any record obtained under this Compact may be used only for the official purposes for which the records was requested. Each compact officer shall establish procedures consistent with this Compact and with rules, procedures, and standards established by the Council under § 8599C of this title, which procedures shall protect the accuracy and privacy of the records, and shall:
(1) Ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;
(2) Require that subsequent record checks are requested to obtain current information whenever a new need arises; and
(3) Ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.
82 Del. Laws, c. 97, § 1.
