Section 28.5209. Audit information; dissemination

A user agency's message transactions may be released to another agency under any of the following conditions:

(a)        Upon written request from a local, county, state, or federal prosecuting attorney who shall specify that the information required is for a valid criminal justice purpose.

(b)   A search warrant or subpoena authorized by a judge.

(c)   Upon approval of the agency which initiated the messages.

(d)    The CSO may release audit information to facilitate investigations of misuse.

(2) A user agency's message transactions may be released for noncriminal justice purposes if either of the following conditions is satisfied:

(a)   The records are essential to issues raised in an administrative hearing related to the misuse of LEIN, AFIS, or other information systems.

(b)         The records are essential information in a civil action to demonstrate the accuracy of LEIN, AFIS, or other information systems, and the records are sought pursuant to a valid court order.

(c)      In either subdivision (a) or (b) of this subrule, the person requesting the information must agree to limit dissemination of information from LEIN, AFIS, or other information systems for the purposes of the hearing or civil action.

History: 1981 AACS; 2009 AACS.