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Privacy, Civil Rights, and Civil Liberties Policy Development Guide

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Privacy, Civil Rights, and Civil Liberties Policy Development Guide NT O E F M JU T S R Global Justice T A I P C E E Information D Sharing Initiative United States Department of Justice Privacy, Civil Rights, and Civil Liberties Policy Development Guide For State, Local, and Tribal Justice Entities April 2012 Privacy, Civil Rights, and Civil Liberties Policy Development Guide for State, Local, and Tribal Justice Entities Where to Locate These Resources The Global Privacy Resources featured within this guide and others are available online at www.it.ojp.gov/privacy. To request printed copies, send requests to [email protected]. About Global www.it.ojp.gov/global 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 (DOJ), Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA). Global supports the initiatives of DOJ and aids Global member organizations and the people they serve through a series of important collaborative efforts. These include the facilitation of Global working groups. About GPIQWG www.it.ojp.gov/gpiqwg The Global Privacy and Information Quality Working Group (GPIQWG) is one of five Global working groups. GPIQWG is a cross-functional, multidisciplinary working group of Global and is composed of privacy and local, state, tribal, and federal justice entity representatives covering critical topics such as intelligence, biometrics, information quality, privacy, civil rights, and civil liberties. GPIQWG assists government entities, institutions, and other justice agencies in ensuring that personally identifiable information is appropriately collected, maintained, used, and disseminated within evolving integrated justice information systems. GPIQWG, on behalf of DOJ’s Global, developed this overview to support justice agencies in their efforts to balance the interests of law enforcement and public safety with the privacy rights and concerns of affected persons. For more information on GPIQWG, refer to: www.it.ojp.gov/gpiqwg. This project was supported by Grant No. 2010-MU-BX-K019 awarded by the Bureau of Justice Assistance, Office of Justice Programs, in collaboration with the U.S. Department of Justice’s Global Justice Information Sharing Initiative. The opinions, findings, and conclusions or recommendations expressed in this publication are those of the author(s) and do not necessarily reflect the views of the U.S. Department of Justice. ii Privacy, Civil Rights, and Civil Liberties Policy Development Guide for State, Local, and Tribal Justice Entities Table of Contents Section 1 Acknowledgments .......................................................................................................................................1 Section 2 Foreword ......................................................................................................................................................3 2.1 Global Privacy Resources .............................................................................................................................4 Section 3 Introduction ..................................................................................................................................................7 Section 4 Understanding Foundational Concepts ....................................................................................................9 4.1 What Is Privacy? ............................................................................................................................................9 4.1.1 What is Personally Identifiable Information? ...................................................................................10 4.1.2 Contextual Privacy ........................................................................................................................... 11 4.1.3 How Do Privacy Issues Arise? ......................................................................................................... 11 4.1.4 Factors Influencing Whether Information Sharing Implicates Privacy Interests ..............................12 4.2 What Are Civil Rights and Civil Liberties? ................................................................................................... 13 4.2.1 How Do Civil Rights and Civil Liberties Issues Arise? .....................................................................13 4.3 What Is Information Quality (IQ)? ................................................................................................................ 14 4.3.1 How Do Information Quality Issues Arise? ......................................................................................14 4.3.2 Privacy and Information Quality .......................................................................................................15 4.4 What Is Security? ........................................................................................................................................15 4.4.1 How Do Security Issues Arise? .......................................................................................................15 4.4.2 Privacy and Security ........................................................................................................................16 4.5 Relationship Among Privacy, Information Quality, and Security ..................................................................16 4.6 What Is a Privacy Policy? ............................................................................................................................16 4.6.1 When Should an Entity Develop a Privacy Policy? .........................................................................17 4.7 Preparation for a Privacy Policy—the Privacy Impact Assessment (PIA) ....................................................17 Privacy, Civil Rights, and Civil Liberties Policy Development Guide for State, Local, and Tribal Justice Entities iii 4.7.1 When to Perform a PIA? ..................................................................................................................17 4.7.2 PIA Template ....................................................................................................................................17 4.8 Resources ...................................................................................................................................................17 4.8.1 Privacy Resources ...........................................................................................................................17 4.8.2 Information Quality Resources ........................................................................................................18 4.8.3 Security Resources .........................................................................................................................19 Section 5 Assembling the Project Team ..................................................................................................................21 5.1 Identifying the Project Champion or Sponsor .............................................................................................. 21 5.2 Securing Support and Justifying Resources ................................................................................................ 22 5.2.1 Securing Agency Head Support ......................................................................................................22 5.2.1.1 Executive Summary for Justice Decision Makers: Privacy, Civil Rights, and Civil Liberties Program Development ........................................................................................22 5.2.1.2 7 Steps to a Privacy, Civil Rights, and Civil Liberties Policy .............................................. 22 5.2.1.3 The Importance of Privacy, Civil Rights, and Civil Liberties Protections in American Law Enforcement and Public Safety: Line Officer Training Video .................... 22 5.2.2 Justifying Resources .......................................................................................................................23 5.3 Identifying the Project Team Leader ............................................................................................................ 23 5.4 Building the Project Team and Stakeholder Contacts .................................................................................24 5.4.1 Project Team ....................................................................................................................................24 5.4.2 Stakeholder Contacts ......................................................................................................................24 5.5 Continuing Roles Within the Entity .............................................................................................................. 25 5.5.1 Privacy Officer .................................................................................................................................25 5.5.2 Security Officer ................................................................................................................................25 5.6 Resources ...................................................................................................................................................26 Section 6 Establishing a Charter ..............................................................................................................................29
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