Section 770.4 - Access to a Shared Gang Database(a) Prior to creating a new shared gang database, the Agency creating such a database shall notify the Department in writing, and provide contact information for the System Administrator.(b) Access to a shared gang database is not automatically granted to all employees of a User Agency; rather, access shall be limited to employees meeting the definition of User. (1) With the approval of the Department, only the System Administrator may grant access to a shared gang database to a User from an out-of-state agency or a federal agency.(c) Prior to being granted access to a shared gang database, all Users shall undergo the training prescribed in subdivision (b) of section 771.(d) User Agencies shall enter into a written memorandum of understanding or user agency agreement, consistent with these regulations, with the System Administrator before a person employed by the User Agency may receive access to the shared gang database. System Administrators shall provide a copy of any such agreement to the Department upon request.(e) An Agency that is interested in accessing a shared gang database shall submit a written request to the System Administrator on the Agency's letterhead. The written request shall provide the following: (1) A reason for its need to access the shared gang database. (A) The Agency shall demonstrate a need to know and a right to know to satisfy subdivision (e)(1).(2) The number of Users who will be accessing the shared gang database at that Agency and the level of access that is requested for each User.(3) The addresses of the facilities within the Agency where Users will access the shared gang database.(4) The name and contact information for the person(s) designated by the Agency as the point of contact and training coordinator. If the Agency's point of contact and training coordinator are two different persons, the Agency shall identify both.(5) If data entry access is requested, the Agency shall identify the classification(s), rank(s), and related expertise of the person(s) who will be responsible for performing the supervisory review required by sections 772.2 and 772.8; and describe the organizational structure and process through which the supervisory review process required by sections 772.2 and 772.8 will occur. (A) No User from an out-of-state agency or a federal agency shall have the ability to add, edit, or delete any records or designated criminal street gangs in a shared gang database.(f) The System Administrator shall determine whether written requests submitted pursuant to subdivision (e) shall be approved. (1) For requests submitted by an out-of-state agency or a federal agency, only the Department has the authority to approve those requests and to determine if the System Administrator will enter into a memorandum of understanding with that agency consistent with these regulations. Such memorandum shall be kept on file by the System Administrator and provided to the Department upon request.(g) A Non-User may request information contained within a shared gang database from a User via a proxy query, conducted pursuant to section 770.8.Cal. Code Regs. Tit. 11, § 770.4
1. New article 3 (sections 770.4-770.8) 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 3 (sections 770.4-770.8) 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.