For purposes of this chapter:
(A) "Administration of criminal justice"
means the detection, apprehension, detention, pretrial release, post-trial
release, prosecution, adjudication, correctional supervision, or rehabilitation
of accused persons or criminal offenders. It also includes criminal
identification activities; the collection, storage, and dissemination of
criminal history record information; and criminal justice employment. In
addition, administration of criminal justice includes "crime prevention
programs" to the extent access to criminal history record information is
limited to law enforcement agencies for law enforcement programs (e.g. record
checks of individuals who participate in "Neighborhood Watch" or "safe house"
programs) and the result of such checks will not be disseminated outside the
law enforcement agency.
(B)
"Administrative message" means a criminal justice
related point-to-point free form message.
(B) "Automated fingerprint
identification system (AFIS)" is the system developed to provide identification
services to the nation's law enforcement community and to organizations where
criminal background histories are a critical factor in consideration for
employment. AFIS is a computer based system that can store, process, analyze,
and retrieve millions of fingerprints.
(C) "Audit" means a formal, periodic
examination of records to verify they are current, complete and accurate, and
to verify adherence with LEADS and NCIC rules, policies, and regulations.
(D) "Audit trail" means the recorded
information tracking the responsibility for hard copies of data garnered from
LEADS.
(E)(D) "Bureau of Criminal
Investigation
and Identification
(BCI&I)
(BCI)" is the agency which
receives and files fingerprints, photographs and other information pertaining
to both felony and misdemeanor arrests submitted by law enforcement agencies
throughout the state.
(F) "Bureau of motor vehicles (BMV)
or division of motor vehicles (DMV)" is the state- level agency which provides
vehicle licensing, titling, and registration information.
(G)(E) "Computerized
criminal history (CCH)" means an electronic data processing file which is
accessible using specific data fields. It contains records of arrests and
dispositions of criminal proceedings entered into the system. The repository of
these records is the responsibility of the bureau of criminal identification
and investigation as specified in sections
109.57 and
109.60 of the Revised
Code.
(H)(F) "Criminal justice
Agency administrator" means a person who manages and
directs the affairs of a criminal justice office; i.e., police chief, sheriff, highway patrol post
commander, administrative judge, FBI special agent-in-charge, chief
probation/parole officer, director of intrastate regional system, prosecutor,
chief park ranger, etc.
(I)(G) "Criminal justice
agency" means:
(1) Courts; and
(2) A governmental or non-governmental agency
or any subunit thereof which performs the administration of criminal justice
pursuant to a statute or executive order, and which allocates a substantial
part (more than fifty per cent) of its annual budget to the administration of
criminal justice.
(J)(H) "CJIS systems
agency (CSA)" means
the
a duly authorized state, federal, international, tribal, or
territorial criminal justice agency
on the CJIS
network providing statewide (or equivalent) service to its criminal justice
users with respect to the CJI from various systems managed by the FBI CJIS
divisionwhich maintains management control of
the computer system on which LEADS resides. CSA responsibilities include
planning for necessary hardware and software, funding, training, record
validations, quality control, dissemination of manuals and other publications,
security, audits, and adherence to LEADS rules. The Ohio state highway
patrol is the Ohio CSA.
(K) "CJIS system agency information
security officer (CSA ISO)" means the designated person within the CSA who has
the responsibility to establish and maintain information security policy,
assesses threats and vulnerabilities, performs risk and control assessments,
oversees the governance of security operations, and establishes information
security training and awareness programs.
(L)(I)
"CJIS systems officer (CSO)" means the individual
located within the CJIS systems agency responsible for the administration of
the CJIS network on behalf of the CJIS systems agency
designated person within the CSA supplying a single
contact point for the state of Ohio. This
For the state of Ohio,
this person is appointed by the superintendent of the Ohio state highway
patrol.
(M)(J) "Criminal justice
information (CJI)" is the abstract term used to refer to all of the LEADS
provided data necessary for law enforcement agencies to perform their mission
and enforce the laws, including but not limited to: biometric, identity
history, person (includes driver's license photo, SSN, etc.), organization,
property (when accompanied by any personally identifiable information), and
case/incident history data. The following type of data are exempt from the
protection levels required for CJI: transaction control type numbers (e.g. ORI,
NIC, FNU, etc.) when not accompanied by information that reveals CJI or PII and
BMV driving records.
(N)(K) "Criminal justice
information services division (CJIS)"
serves as the focal point and central repository for
criminal justice information services in
is the FBI division
responsible for the collection, warehousing, and timely dissemination of
relevant CJI to the FBI and to qualified law enforcement, criminal justice,
civilian, academic, employment and licensing agencies.
This division provides identification and
information services to local, state, federal and international criminal
justice communities. The CJIS division includes the fingerprint identification
program, national crime information center program, uniform crime reporting
program, and the development of the integrated fingerprint identification
system.
(O)(L) "Dynamic Multipoint
Virtual Private Network (DMVPN)" is a "Cisco Systems, Inc." solution for
building scalable virtual private networks.
(P) "Electronic mail," also known as
e-mail, is the capability of sending messages and data between
individuals.
(Q) "Encryption" means an
application of a specific algorithm of data so as to alter the appearance of
the data making it incomprehensible to those who are not authorized to see the
information.
(R) "Firewall" means a system
designed to prevent unauthorized access to or from a private network. Firewalls
can be implemented in both hardware and software, or a combination of both.
Firewalls are frequently used to prevent unauthorized internet users from
accessing private networks connected to the internet, especially
intranets.
(S) "INTERPOL (the international
criminal police organization)," located in Lyon, France, is the world's largest
international police organization. It was created to support and assist all
organizations, authorities and services whose mission is to prevent or combat
international crime.
(T)(M) "Interstate
identification index (III)" means the CJIS service that
manages automated submission and requests for criminal history record
information that is warehoused subsequent to the submission of fingerprint
information. Subsequent requests are directed to the originating state as
neededa computerized pointer system maintained
in the NCIC that identifies the repository of criminal history records.
Inquiries against the III may result in responses from the FBI identification
division as well as from one or more states holding records.
(U)(N)
"Intrastate regional system" means a governmental computer system which serves
as a cooperative between political subdivisions in a particular region for the
purpose of providing a consolidated computerized information system for
criminal justice agencies. An application for
regional status will be reviewed by the LEADS steering committee (LSC), and
recommended to the superintendent of the Ohio state highway patrol for
approval.
(O)
"Organizational personnel with security
responsibilities" means personnel with the responsibility to ensure the
confidentiality, integrity, and availability of CJI and the implementation of
technology in a manner compliant with the CJIS security policy.
(V) "Local agency security officer
(LASO)" means the person designated as the primary information security contact
between a local law enforcement agency and the CSA. The LASO actively
represents their agency in all matters pertaining to information security,
disseminates information security alerts and other material to their
constituents, maintains information security documentation (including system
configuration data), assists with information security audits of hardware and
procedures, and keeps the CSA informed as to any information security needs and
problems.
(W)(P) "Law enforcement
automated data system (LEADS)" means the statewide computerized network which
provides
computerized data and
communications for criminal justice agencies within the state of Ohio. LEADS is
administered by the Ohio state highway patrol superintendent.
LEADS does not include data and files separately
collected and maintained by intrastate regional systems or other individual
user systems.
(X) "LEADS data" is the abstract
term used to refer to all of the LEADS provided data necessary for law
enforcement agencies to perform their mission and enforce the laws, including
but not limited to: biometric, identity, history, person, organization,
property, and case/incident history data.
(Y)(Q)
"LEADS Mobile" is an application that provides web-based access to LEADS
for law enforcement officers operating in a mobile
environment.
(Z)(R) "LEADS owned
equipment" means any network connectivity equipment owned or leased by
LEADS.
(AA)(S) "LEADS steering
committee" is established to provide advice to the superintendent of the Ohio
state highway patrol concerning the governing of LEADS.
(BB) "LEADS trap" means the system
used to protect officers involved in high-risk investigations, who have been
verbally threatened with physical harm, or have reason to believe physical harm
could occur as a result of performing their duties.
(CC) "LEADS access device" means a
personal computer with monitor, central processing unit (CPU), operating
system, any printers, and LEADS approved software.
(DD) "Managed security services"
means network security services performed by a private company or contractor.
Selecting a managed security service includes but is not limited to the set up,
configuration, operations, maintenance and monitoring of your security
infrastructure. This applies to firewalls, intrusions detection systems, syslog
servers, and network monitoring equipment.
(EE)(T)
"Management control"
of security requirements for
information systems which process, store, or transmit criminal justice
information means
the criminal justice agency
hashaving the authority to set and
enforce:
(1) Priorities;
(2)(1)
Standards for the selection, supervision, and termination of
personnel
access to
criminal justice information; and
(3)(2) Policy governing
the operation of computer
networks, circuits, servers,
storage, and computers
and telecommunications
terminals used to access, store or transmit
criminal justice information
LEADS
;.
and
(3)
The guaranteed
priority of service.
(FF) "Mobile access device" is a
portable/wireless terminal owned/leased by a criminal justice agency and whose
operator is under the management control of the LEADS user
agency.
(GG)(U) "Message" refers
to any information communicated from terminal to terminal through the LEADS
communication network.
(HH) "National Data Exchange (NDEx)"
is the "FBI" system developed to provide criminal justice agencies with a
mechanism for sharing, searching, linking, and analyzing information across
jurisdictional boundaries.
(II)(V) "National crime
information center (NCIC)" is an information system
which stores CJI which can be queried by apprpriate federal, state, and local
law enforcement and other criminal justice agenciesmeans the nationwide computerized filing system established
for criminal justice agencies at the local, state, and federal levels and is
managed by the federal bureau of investigation (FBI).
(W)
"National Data
Exchange (N-DEx)" means the FBI information sharing system that enables
criminal justice agencies to search, link, analyze, and share local, state,
tribal, and federal records. The N-DEx system contains criminal justice
information obtained by agencies in connection with their official
duties.
(X)
"N-DEx agency coordinator (NAC)" means the designated
person that serves as the point of contact at agencies with N-DEx access. The
NAC administers agency access and oversees compliance with N-DEx
policies.
(JJ)(Y) "NLETS
(International Justice and Public Safety Information Sharing Network)" means
the computerized message switching and filing system linking local, state,
federal, and international criminal justice agencies for information exchange.
This system is operated as a cooperative of the states.
(KK)(Z)
"Nonterminal agency" means a criminal justice agency qualifying for an
originating agency identifier which has indirect
accessbut not having a direct
connection to LEADS.
(AA)
"Nonterminal agency coordinator (NTAC)" means the
designated person that serves as the point-of-contact at indirect access
agencies for matters relating to LEADS. A NTAC administers LEADS systems
programs within the local agency and oversees the agency's compliance with
LEADS policies.
(LL)(BB) "Originating
agency identifier (ORI)" means a unique, nine character identifier assigned
by the CJIS division to an agency which has met the
established criteria. by
The ORI provides the correct level of access to LEADS
and NCIC
CJIS
to electronically address each
and will identify the agency in transactions on the NCIC systemand terminals within the agency.
(MM)(CC)
"Practitioner" is any person authorized to receive
LEADS data
CJI who is
"not" a certified terminal operator.
(NN) "Secondary dissemination" is
when criminal history record information is released to another authorized
agency, and that agency was not part of the releasing agency's primary
information exchange agreement(s).
(OO) "Serious misdemeanors," for the
purpose of being a terminal operator, include but are not limited to the
following:
(1) Any offense classified by the
Ohio Revised Code as a misdemeanor of the first degree;
(2) Any offense which involves a
crime against a person in which physical harm or the threat of physical harm
occurred;
(3) Any offense involving the
use/misuse of a computer or computer system;
(4) Any offense involving theft,
identity theft, fraud, or other similar offense;
(5) Any offense involving the
impersonation of a law enforcement officer;
(6) Any offense where the use of
LEADS information was instrumental in the commission of the
offense.
(PP)(DD) "Terminal" means
a workstation, wireless
mobile device, or intrastate regional device from
which LEADS, NCIC or NLETS data
system may be directly
accessed.
(QQ)(EE) "Terminal agency"
means a criminal justice agency qualifying for an originating agency identifier
which has a terminal accessing
direct access to LEADS.
(RR)(FF) "Terminal agency
coordinator (TAC)" means the designated person that serves as the
point-of-contact at
the local agency
direct access agencies for matters relating to LEADS
information access. A TAC administers LEADS
systems programs within the local agency and oversees the agency's compliance
with LEADS systems policies.
(SS) "USNCB (United States national
central bureau)" is a component of the department of justice serving as the
point of contact to INTERPOL for United States law enforcement
agencies.
(TT)(GG) "Validation"
means the act of reviewing records to ensure the accuracy, completeness and
continued interest of the data therein.