2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 91 - Criminal History Record Information
9106 - Information in central repository or automated systems.

     § 9106.  Information in central repository or automated systems.
        (a)  General rule.--Intelligence information, investigative
     information and treatment information shall not be collected in
     the central repository. This prohibition shall not preclude the
     collection in the central repository of names, words, numbers,
     phrases or other similar index keys to serve as indices to
     investigative reports.
        (b)  Collection of protected information.--
            (1)  Intelligence information may be placed in an
        automated or electronic criminal justice system only if the
        following apply:
                (i)  The criminal justice agency has reasonable
            suspicion of criminal activity.
                (ii)  Access to the intelligence information
            contained in the automated or electronic criminal justice
            system is restricted to the authorized employees of the
            criminal justice agency and cannot be accessed by any
            other individuals inside or outside of the agency.
                (iii)  The intelligence information is related to
            criminal activity that would give rise to prosecution for
            a State offense graded a misdemeanor or felony, or for a
            Federal offense for which the penalty is imprisonment for
            more than one year. Intelligence information shall be
            categorized based upon subject matter.
                (iv)  The intelligence information is not collected
            in violation of State law.
            (2)  Intelligence information may not be collected or
        maintained in an automated or electronic criminal justice
        system concerning participation in a political, religious or
        social organization, or in the organization or support of any
        nonviolent demonstration, assembly, protest, rally or similar
        form of public speech, unless there is a reasonable suspicion
        that the participation by the subject of the information is
        related to criminal activity or prison rule violation.
            (3)  Investigative information and treatment information
        contained in files of any criminal justice agency may be
        placed within an automated or electronic criminal justice
        information system, provided that access to the investigative
        information and treatment information contained in the
        automated or electronic criminal justice information system
        is restricted to authorized employees of that agency and
        cannot be accessed by individuals outside of the agency.
        (c)  Dissemination of protected information.--
            (1)  Intelligence information may be placed within an
        automated or electronic criminal justice information system
        and disseminated only if the following apply:
                (i)  The information is reliable as determined by an
            authorized intelligence officer.
                (ii)  The department, agency or individual requesting
            the information is a criminal justice agency which has
            policies and procedures adopted by the Office of Attorney
            General in consultation with the Pennsylvania State
            Police which are consistent with this act and include:
                    (A)  Designation of an intelligence officer or
                officers by the head of the criminal justice agency
                or his designee.
                    (B)  Adoption of administrative, technical and
                physical safeguards, including audit trails, to
                insure against unauthorized access and against
                intentional or unintentional damages.
                    (C)  Labeling information to indicate levels of
                sensitivity and levels of confidence in the
                information.
                (iii)  The information is requested in connection
            with the duties of the criminal justice agency requesting
            the information, and the request for information is based
            upon a name, fingerprints, modus operandi, genetic
            typing, voice print or other identifying characteristic.
            (2)  If an intelligence officer of a disseminating agency
        is notified that intelligence information which has been
        previously disseminated to another criminal justice agency is
        materially misleading, obsolete or otherwise unreliable, the
        information shall be corrected and the recipient agency
        notified of the change within a reasonable period of time.
            (3)  Criminal justice agencies shall establish retention
        schedules for intelligence information. Intelligence
        information shall be purged under the following conditions:
                (i)  The data is no longer relevant or necessary to
            the goals and objectives of the criminal justice agency.
                (ii)  The data has become obsolete, making it
            unreliable for present purposes and the utility of
            updating the data would be worthless.
                (iii)  The data cannot be utilized for strategic or
            tactical intelligence studies.
            (4)  Investigative and treatment information shall not be
        disseminated to any department, agency or individual unless
        the department, agency or individual requesting the
        information is a criminal justice agency which requests the
        information in connection with its duties, and the request is
        based upon a name, fingerprints, modus operandi, genetic
        typing, voice print or other identifying characteristic.
            (5)  Each municipal police department accessing automated
        information shall file a copy of its procedures with the
        Pennsylvania State Police for approval. Such plan shall be
        reviewed within 60 days.
            (6)  Each district attorney accessing automated
        information shall file a copy of its procedures with the
        Office of Attorney General for approval. Such plan shall be
        reviewed within 60 days.
        (d)  Secondary dissemination prohibited.--A criminal justice
     agency which possesses information protected by this section,
     but which is not the source of the information, shall not
     disseminate or disclose the information to another criminal
     justice agency but shall refer the requesting agency to the
     agency which was the source of the information. This prohibition
     shall not apply if the agency receiving the information is
     investigating or prosecuting a criminal incident in conjunction
     with the agency possessing the information. Agencies receiving
     information protected by this section assume the same level of
     responsibility for the security of such information as the
     agency which was the source of the information.
        (e)  Notations of the record.--Criminal justice agencies
     maintaining intelligence information, investigative information
     or treatment information must enter, as a permanent part of an
     individual's information file, a listing of all persons and
     agencies to whom they have disseminated that particular
     information, the date of the dissemination and the purpose for
     which the information was disseminated. This listing shall be
     maintained separate from the record itself.
        (f)  Security requirements.--Every criminal justice agency
     collecting, storing or disseminating intelligence information,
     investigative information or treatment information shall insure
     the confidentiality and security of such information by
     providing that, wherever such information is maintained, a
     criminal justice agency must:
            (1)  institute procedures to reasonably protect any
        repository from theft, fire, sabotage, flood, wind or other
        natural or manmade disasters;
            (2)  select, supervise and train all personnel authorized
        to have access to intelligence information, investigative
        information or treatment information;
            (3)  insure that, where computerized data processing is
        employed, the equipment utilized for maintaining intelligence
        information, investigative information or treatment
        information is dedicated solely to purposes related to the
        administration of criminal justice or, if the equipment is
        not used solely for the administration of criminal justice,
        the criminal justice agency is accorded equal management
        participation in computer operations used to maintain the
        intelligence information, investigative information or
        treatment information.
        (g)  Penalties.--Any person, including any agency or
     organization, who violates the provisions of this section shall
     be subject to the administrative penalties provided in section
     9181 (relating to general administrative sanctions) and the
     civil penalties provided in section 9183 (relating to civil
     actions) in addition to any other civil or criminal penalty
     provided by law.
     (Dec. 14, 1979, P.L.556, No.127, eff. imd.; Dec. 19, 1990,
     P.L.1332, No.207, eff. 60 days)

        Cross References.  Section 9106 is referred to in section
     9141 of this title.

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