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Fusion Center Privacy, Civil Rights, and Civil Liberties Policy Development Template, Version

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Fusion Center Privacy, Civil Rights, and Civil Liberties Policy Development Template, Version To request a Word version of this template, please submit your request to [email protected]. About Global The U.S. Department of Justice’s Global Justice Information Sharing Initiative (Global) serves as a Federal Advisory Committee to the U.S. Attorney General on critical justice information sharing initiatives. Global promotes standards-based electronic information exchange to provide justice and public safety communities with timely, accurate, complete, and accessible information in a secure and trusted environment. Global is administered by the U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance. This project was supported by Grant Number 2014-DB-BX-K004 awarded by the Bureau of Justice Assistance, in collaboration with the U.S. Department of Homeland Security. The Bureau of Justice Assistance is a component of the U.S. Department of Justice’s Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking (SMART). Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice or the U.S. Department of Homeland Security. Fusion Center Privacy, Civil Rights, and Civil Liberties Policy Development, Version 3.0 Table of Contents I. Introduction ............................................................................................................................................. 1 A. What Is a Privacy, Civil Rights, and Civil Liberties (P/CRCL) Policy? ............................................. 1 B. Benefits of a P/CRCL Policy ............................................................................................................ 2 C. Template Purposes .......................................................................................................................... 2 D. How to Use This Template ............................................................................................................... 2 E. Template Modifications .................................................................................................................... 3 F. The Information Sharing Environment (ISE) .................................................................................... 4 G. The ISE and Fusion Centers ............................................................................................................ 4 H. Reference List .................................................................................................................................. 4 II. Policy Development Template ................................................................................................................ 7 A. Purpose Statement .......................................................................................................................... 7 B. Policy Applicability and Legal Compliance....................................................................................... 7 C. Governance and Oversight .............................................................................................................. 9 D. Definitions ...................................................................................................................................... 10 E. Information ..................................................................................................................................... 10 F. Acquiring and Receiving Information ............................................................................................. 15 G. Data Quality Assurance ................................................................................................................. 17 H. Collation and Analysis .................................................................................................................... 19 I. Merging Records ............................................................................................................................ 19 J. Sharing and Disclosure .................................................................................................................. 20 K. Redress .......................................................................................................................................... 23 K.1 Disclosure .............................................................................................................................. 23 K.2 Corrections ............................................................................................................................. 24 K.3 Appeals .................................................................................................................................. 24 K.4 Complaints ............................................................................................................................. 25 L. Security Safeguards ....................................................................................................................... 26 M. Information Retention and Destruction .......................................................................................... 29 N. Accountability and Enforcement .................................................................................................... 31 N.1 Information System Transparency ....................................................................................... 31 N.2 Accountability ....................................................................................................................... 31 N.3 Enforcement ......................................................................................................................... 32 O. Training .......................................................................................................................................... 33 Appendix A—Terms and Definitions ........................................................................................................... 35 Appendix B—Federal and SLTT Laws, Regulations, and Guidance Relevant to Seeking, Retaining, and Disseminating Justice Information ................................................................................................. 45 Appendix C—Fair Information Practice Principles (FIPPs) ......................................................................... 54 i Fusion Center Privacy, Civil Rights, and Civil Liberties Policy Development, Version 3.0 Appendix D—Sample Fusion Center Privacy, Civil Rights, and Civil Liberties (P/CRCL) Policy ............... 58 Appendix E—Technology-Related P/CRCL Policies of [Name of Center] ................................................. 74 Appendix F—Resources ............................................................................................................................. 75 Addendum A—Summary of Major Changes Incorporated in the Fusion Center Privacy, Civil Rights, and Civil Liberties (P/CRCL) Policy Template, Version 3.0 ................................................................. 77 Addendum B—Acronyms ............................................................................................................................ 79 ii Fusion Center Privacy, Civil Rights, and Civil Liberties Policy Development, Version 3.0 I. Introduction An intelligence fusion center is an effective and efficient mechanism to exchange information and intelligence, maximize resources, streamline operations, and improve the ability to fight crime and terrorism by analyzing data from a variety of sources. Today’s increased security needs not only dictate enhanced information sharing but also highlight the need to balance the sharing of information with the rights of persons in the United States. Ethical and legal obligations compel personnel, authorized users, and participating entities to protect constitutional rights, including privacy and other civil liberties, and civil rights throughout the information sharing process. To accomplish this, appropriate privacy, civil rights, and civil liberties protection policies must be in place. This document was therefore developed to provide a template and supporting information to help fusion center policy personnel develop and update policies for their respective centers. A. What Is a Privacy, Civil Rights, and Civil Liberties (P/CRCL) Policy? A privacy, civil rights, and civil liberties policy (P/CRCL policy) is a written, published statement that articulates the fusion center’s position on how it handles the personally identifiable information (PII) and other personal, sensitive information it seeks, receives, or uses in the normal course of business (see the definition of “personally identifiable information” in Appendix A, Terms and Definitions). Civil rights and civil liberties protections are clearly expressed in the P/CRCL policy (see the definitions of “civil rights” and “civil liberties” in Appendix A, Terms and Definitions). The purpose of a P/CRCL policy is to articulate within the center, to external agencies that access and share information with the center, to other entities, and publicly that the center will adhere to legal requirements and policy and procedural provisions that enable gathering and sharing of information to occur in a manner that protects constitutional rights, including personal
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