Iowa Admin. Code r. 661-81.2 - Iowa law enforcement intelligence network (LEIN) information system
(1)
LEIN
information system. The Iowa law enforcement intelligence network
(LEIN) information system is the statewide interjurisdictional intelligence
system maintained and operated by the intelligence bureau of the department of
public safety, for the regular interagency exchange of criminal intelligence
files. Criminal intelligence files contained in the LEIN information system may
be disseminated or redisseminated by the intelligence bureau of the department
of public safety, consistent with Iowa Code chapter 692.
(2)
Direct computer access.
The commissioner of public safety may authorize a peace officer, criminal
justice agency, or state or federal regulatory agency to access the LEIN
information system directly via a remote computer terminal, provided that the
authorized individual or agency follows approved procedures regarding receipt,
maintenance, dissemination, submission and security of information, and related
training. Authorization may be provided in writing or electronically.
(3)
Termination of authorization for
direct computer access. The commissioner of public safety may, at any
time for good cause, terminate authorization for direct, remote computer access
to the LEIN information system which has been previously approved. An
individual or agency whose authorization to directly access the LEIN
information system via remote computer has been terminated may appeal the
termination in accordance with procedures for contested cases established in
661-Chapter 10.
(4)
Reinstatement of authorization for direct computer access. Any
user whose authorization for direct, remote computer access to the LEIN
information system has been terminated may apply for the authorization for
access to be reinstated, provided that the problem which led to the termination
has been corrected.
(5)
Applications for direct computer access. To apply for direct,
remote computer access to the LEIN information system or to obtain further
information about the LEIN information system, a person shall contact the
Intelligence Bureau, Iowa Department of Public Safety, State Public Safety
Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319, or by
electronic mail via the Internet at
intinfo@dps.state.ia.us.
(6)
Entry of
information-restrictions. Information about the political, religious,
racial, or social views, associations, activities or sexual orientation of any
individual shall not be entered into the LEIN information system unless such
information constitutes noncriminal identifying information or is relevant to
an investigation of criminal conduct or activity involving an identifiable
individual.
(7)
Entry of
information-conformance with applicable law. No information that is
deemed unreliable because it has been obtained in violation of any applicable
federal, state, or local law or ordinance, or these rules, may be entered into
the LEIN information system.
(8)
Dissemination. Intelligence data from the LEIN information
system may be disseminated only to peace officers, criminal justice agencies,
or state or federal regulatory agencies. Intelligence data from the LEIN
information system may be disseminated only when there is a right to know and a
need to know in the performance of a law enforcement activity. Intelligence
data from the LEIN information system shall not be disseminated to any user
whose authorization to access the LEIN information system has been terminated
and has not been reinstated.
Exception: Intelligence assessments may be disseminated to any
agency or organization for an official purpose or to a person in order to
protect a person or property from the
(9)
Redissemination of
intelligence data. An agency, organization, or person receiving
intelligence data from the department pursuant to Iowa Code chapter 692 may
redisseminate the intelligence data only if authorized by the agency or peace
officer who originally provided the data and if the data is for an official
purpose in connection with the prescribed duties of the recipient. If the
agency, organization, or person receiving the information is not a peace
officer, criminal or juvenile justice agency, or state or federal regulatory
agency, redissemination is allowed only if such redissemination is for an
official purpose and if the information is redisseminated in order to protect a
person or property from the threat of imminent serious harm . The department may
also place restrictions on the redissemination by the agency, organization, or
person receiving the intelligence data. Any agency, organization, or person who
redisseminates intelligence data pursuant to Iowa Code chapter 692 must
maintain a list of the agencies, organizations, and persons receiving the
intelligence data and the purpose of the redissemination. Intelligence data
must be maintained separately from and should not be included in any form in
any investigative or prosecutorial files.
(10)
Redissemination of intelligence
assessment. An agency, organization, or person receiving an
intelligence assessment from the department pursuant to Iowa Code chapter 692
may redisseminate the intelligence assessment only if authorized by the
department and only if the redissemination is for an official purpose in
connection with the prescribed duties of the recipient. If the agency,
organization, or person receiving the intelligence assessment is not a peace
officer, criminal or juvenile justice agency, or state or federal regulatory
agency, redissemination is allowed only if such redissemination is to protect a
person or property from the threat of imminent serious harm . The department may
also place restrictions on the redissemination by the agency, organization, or
person receiving the intelligence assessment. Any agency, organization, or
person who redisseminates an intelligence assessment pursuant to Iowa Code
chapter 692 must maintain a list of the agencies, organizations, and persons
receiving the intelligence assessment and the purpose of the redissemination.
An agency, organization, or person who redisseminates information without
proper authorization may be prohibited from receiving further intelligence
assessments.
[Editorial change: IAC Supplement 6/17/09]
Notes
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