Section 776.4 - System Misuse(a) Information on a person or organization shall be excluded from a shared gang database if the information is collected merely on the basis: (1) Of race, gender, age, or ethnic background.(2) Of religious or political affiliations or beliefs.(3) Of personal habits or predilections that do not violate any criminal law or threaten the safety of others.(4) Of involvement in expressive activity that takes the form of non-violent civil disobedience that amounts, at most, to a misdemeanor offense.(b) A User shall not conduct a query without a right to know and need to know. Additionally, a User shall not perform any of the following actions:(1) Query themselves, a family member, or friend.(2) Query a high-profile individual in the media for unauthorized purposes.(3) Provide information contained in a shared gang database to another person for unauthorized purposes.(4) Share passwords with any other person.(c) Information contained in a shared gang database shall be disclosed only as permitted by these regulations. Without limiting the foregoing, information contained in a shared gang database shall not be disclosed or released under any of the following circumstances:(1) For purposes of enforcing federal immigration law, unless required by California state or federal statute or regulation.(2) For employment, housing, or military screening purposes.(3) For non-criminal internal affairs investigations.(4) To the members of the general public or media.(5) To another person who does not possess a right to know and need to know.(6) In any official reports.(d) Any violation of these regulations shall be reported to the System Administrator and the Department within five working days. (1) Any violation of these regulations shall be investigated by the head of the User Agency or their designee. The head of the User Agency or their designee shall review the Agency's internal processes and documentation to determine the absence or presence of negligence on the part of the User(s). Pending the results of the investigation, the System Administrator may suspend access to the shared gang database for any User being investigated.(2) The Department shall instruct the System Administrator to revoke access to the shared gang database for any User who provides unauthorized access to the shared gang database or discloses information from the shared gang database for unauthorized purposes. Such an account, if suspended, may only be reinstated at the direction of the System Administrator or System Administrator's Designee.(3) Upon completion of the User Agency's review, the head of the User Agency or their designee shall forward the results of the investigation and any corrective actions taken to the System Administrator and the Department. If the reported results and/or corrective actions do not resolve the problem to the satisfaction of the Department, the Department shall take action pursuant to section 776.6.(e) By September 1 of each year, the System Administrator shall communicate in writing to the Department the following information:(1) Total number of investigations performed related to shared gang database misuse in the immediately preceding 12 calendar months.(2) Total number of misuse investigations with no misuse found in the immediately preceding 12 calendar months.(3) Total number of misuse investigations still pending.(4) Total number of founded misuse violations from investigations in the immediately preceding 12 calendar months.(5) Total number of each type of administrative action taken in the immediately preceding 12 calendar months on founded misuse violation(s) as follows: (6) Total number of misuse investigations in the immediately preceding 12 calendar months originating from each of the following: (A) Private citizen complaints.(B) Internal within agency.(D) Department of Justice.Cal. Code Regs. Tit. 11, § 776.4
1. New article 13 (sections 776.4-776.6) and section filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20. Note: Authority cited: Section 186.36, Penal Code. Reference: Section 186.36, Penal Code.
1. New article 13 (sections 776.4-776.6) and section filed 10-22-2020; operative 10/22/2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.