Criminal Information Sharing: Federal Law And The Dod

The sharing of criminal information between federal law enforcement agencies and the Department of Defense (DoD) is a complex issue that involves legal, ethical, and practical considerations. The Privacy Act, enacted by Congress, limits the sharing of private information among government agencies to protect individuals' privacy rights. However, information sharing is crucial for effective law enforcement and public safety. Federal law enforcement agencies, such as the FBI, maintain extensive crime databases like CJIS, which includes NCIC, N-DEx, and LEEP, enabling the sharing of data between various criminal justice agencies. The Tribal Law and Order Act of 2010 also allows tribal criminal justice agencies to access and share information through FBI CJIS systems. Additionally, fusion centers facilitate information sharing between tribal, federal, state, and local criminal justice agencies to enhance public safety. The Law Enforcement Information Sharing Initiative (LEISI) within ICE and HSI aims to improve information sharing within DHS and externally with FSLTT and international partners. While data sharing is essential, it must be done sensitively to maintain a balance between public safety and individual privacy rights.

Privacy Act and FOIA exemption

The Privacy Act of 1974 provides safeguards against an invasion of privacy through the misuse of records by federal agencies. The Act prohibits the disclosure of records about an individual maintained in a system of records without the individual's written consent. However, the Act does not prohibit the disclosure of information obtained from sources other than records, such as through conversations or observations.

The Freedom of Information Act (FOIA) is a separate mechanism for obtaining government information. It allows individuals to request access to records from federal agencies, and agencies are required to disclose information unless it falls under one of the nine specific exemptions. These exemptions include protecting personal privacy, maintaining law enforcement investigations, and preventing harm to individuals or the government.

When an agency receives a FOIA request for information about an individual that is contained in a system of records and not exempt under FOIA, they are required to disclose the information. However, if a Privacy Act-protected record falls under a FOIA exemption, the Privacy Act prohibits the agency from making a discretionary FOIA release.

In some cases, courts have found that information may be withheld under the Privacy Act, but it must also be processed under FOIA. This is because an exemption under one Act does not necessarily bar release under the other. For example, in Espinoza v. DOJ, it was found that the Privacy Act specifically exempts documents that are required to be disclosed under FOIA.

In summary, the Privacy Act and FOIA have distinct roles in governing the disclosure of information by federal agencies. While the Privacy Act focuses on protecting individual privacy, FOIA provides a framework for requesting and releasing information while considering specific exemptions. The interaction between the two laws can be complex, and courts play a role in interpreting their application in specific cases.

FBI CJIS systems

The FBI's Criminal Justice Information Services Division, or CJIS, is a high-tech hub located in West Virginia that offers cutting-edge tools and services to law enforcement, national security and intelligence community partners, and the general public. The CJIS Division has a wide range of responsibilities and services, including:

• The National Crime Prevention and Privacy Compact Act of 1998 established a Council to create rules and procedures for criminal justice information sharing.
• The FBI's Bioterrorism Risk Assessment Group evaluates individuals or entities seeking access to biological select agents and toxins, emphasising the importance of information sharing and record-keeping.
• The CJIS Security Policy ensures the lawful use and protection of criminal justice information.
• The Biometric Identification Award was presented to the San Diego Police Department.
• The National Fingerprint Repository celebrated its 100th anniversary.
• New rules allow Federal Firearms Licensees to access records of stolen firearms.
• Enhanced background checks have stopped over 500 illegal firearm purchases.
• Hate crime data collection is being improved through collaboration with state and local law enforcement partners.
• Statistics on law enforcement officers killed and assaulted in the line of duty are regularly released.
• The CJIS Division hosts bipartisan congressional visits and provides various services to law enforcement on the FBI's law enforcement site.

The Privacy Act of 1974 establishes guidelines for information disclosure by federal agencies. It states that records about an individual maintained in a system of records cannot be disclosed without their written consent. However, it does not prohibit disclosure of information obtained from sources other than records, such as through conversations or non-record-based knowledge. Additionally, under the Freedom of Information Act (FOIA), agencies are required to disclose information in response to requests unless it is properly withholdable under a FOIA exemption.

Data sharing between police agencies

The first US effort to share data between law enforcement organizations was in 1967, with the implementation of the National Crime Information Center (NCIC) by the Federal Bureau of Investigation. The NCIC is an example of a macro-level, national data-sharing platform. A micro-level platform could be a Computer-Aided Dispatch (CAD) and Records Management System (RMS) that shares information through CAD-to-CAD integration or an RMS data query option between agencies using the same RMS.

Law enforcement databases tend to be siloed, with information residing in indexes that don't interact with one another and are only accessible within the agency that creates and stores the data. This can lead to duplication of effort and unproductive investigative leads as adjacent jurisdictions may be working to find the same offender without knowing of each other's efforts.

To address this issue, police departments are changing the way they manage and share data outside their agency. Data-management software can accelerate investigations by allowing agencies to search information from outside their agency. However, finding the right way to share data can be challenging from a technical and budgetary standpoint.

When selecting data-sharing software, it is important to choose a platform that is approved by the state's criminal justice commission, capable of collecting data from different sources, and allows each agency to control its own information while making it available for other agencies to search and retrieve. Agencies should be able to decide what information is shared, restricted, and redacted.

Law Enforcement Information Sharing Initiative (LEISI)

The Law Enforcement Information Sharing Initiative (LEISI) is a program within the U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI). Its mission is to transform the DHS Law Enforcement Information Sharing Environment by integrating cultures, governance, business processes, and technologies with external partners. LEISI's goal is to ensure that the right information is delivered to the right person(s) at the right time in the right way.

LEISI coordinates with the law enforcement community to improve the understanding of information needs, provide leadership in resolving policy issues that may inhibit information sharing, and develop approaches to overcome traditional barriers to information sharing. It also provides oversight and administration of the DHS Law Enforcement Information Sharing Service, which is a non-public-facing web service that functions as a back-end data-sharing superhighway.

The LEIS Service enables domestic law enforcement agencies outside of DHS to query certain information contained in DHS systems. It also permits authorized DHS law enforcement officials and analysts to query data from other law enforcement entities that have signed agreements with DHS to use the service. All entities querying the LEIS Service must have a signed agreement.

LEISI, in conjunction with DHS Policy, serves as the lead facilitator for international information sharing. Utilizing a OneDHS approach, LEISI aims to enhance the capabilities of foreign partners to vet visitors, applicants, claimants, and immigrants entering or applying for benefits within the country. The current focus is on international information sharing in coordination with HSI International Operations for initiatives such as Preventing and Combating Serious Crimes (PCSC) and the Five Country Ministerial (FCM).

Public Alert Systems

Federal law enforcement agencies have access to various public alert systems to share information with the public, law enforcement agencies, and the media. One example is the Amber Alert system, which sends alert messages about abducted children in imminent danger of serious harm or death. Amber Alerts are commonly transmitted to television and radio stations, cellphones, wireless devices, and overhead highway message signs. The National Blue Alert Network is another system that disseminates information to apprehend violent criminals who have killed or seriously injured law enforcement officers. Blue Alerts can also be issued when a suspect poses a credible threat to law enforcement or when an officer is missing. The Blue Alert plans are currently active in 37 states, with the COPS Office providing resources and technical assistance to enhance their implementation.

The Emergency Alert System (EAS) is another crucial public alert system used by state and local authorities to deliver emergency information, such as weather alerts and Amber Alerts, to affected communities. The EAS participants include radio and television broadcasters, cable systems, satellite radio and television providers, and wireline video providers. The Federal Emergency Management Agency (FEMA), the Federal Communications Commission (FCC), and the National Oceanic and Atmospheric Administration's National Weather Service (NWS) collaboratively maintain the EAS and Wireless Emergency Alerts (WEA). The WEA system is designed to send alerts to cellphones and wireless devices, while the EAS primarily focuses on radio and television broadcasts.

Additionally, the Department of Homeland Security (DHS) operates the Integrated Public Alert & Warning System (IPAWS), which tribes can utilize to provide a diverse range of alerts to the public. IPAWS serves as a conduit to the national emergency alerting infrastructure, including the EAS and WEA systems. The FCC plays a pivotal role in establishing technical requirements and rules for broadcasters, cable system operators, and mobile commercial service providers to ensure the effective transmission of alerts.

These public alert systems serve as vital tools for federal law enforcement to disseminate time-sensitive information to the public, coordinate with other law enforcement agencies, and seek assistance from the public and the media in apprehending dangerous criminals or locating missing persons. By leveraging these alert mechanisms, federal law enforcement agencies can enhance public safety, protect officers, and mitigate potential threats.

Frequently asked questions