Section 78-10-009 - Access and UseAccess to NCJIS is restricted to an authorized CJA. Access to NDEN is authorized for NCJA.
009.01 NCJIS/NDEN Agency (CJA/NCJA) access will be submitted to the NCJIS Project Manager via an application process.009.01A The NCJIS Project Manager may require additional information or explanation when it has questions about the CJA/NCJA's qualifications or application materials. An application is not complete or in proper form until the NCJIS Project Manager has received all required and requested documents, materials, and information.009.01B A CJA/NCJA requesting access to CJIS must demonstrate statutory authority or specific reasons authorized by this chapter.009.01C Approval of the CJA/NCJA application, which may be in whole, in part, or as modified by the Committee, requires a two-thirds majority vote of the Committee.009.01D The NCJIS Project Manager will notify the Authorized Agency head or designee of the Committee's decision to approve or deny the application in writing.009.01E Upon approval of the CJA/NCJA application, which may be in whole, in part, or as modified by the Committee, the CJA/NCJA enters into a memorandum of understanding (MOU) with the Commission.009.01E1 Changes to the NCJIS/NDEN MOU are drafted by the NCJIS Project Manager, and approved by the Committee.009.01E2 The NCJIS/NDEN MOU explains all responsibilities and expectations regarding the use and dissemination of information relative to the NCJIS.009.01F The Committee's decision to approve, modify, or deny the CJA/NCJA application is final and is not subject to appeal or further review.009.01G CJA/NCJA access to NCJIS/NDEN is granted upon a fully executed MOU between the CJIS Project Manager and the authorized agency designee.009.02 Except as permitted in these rules and/or authorized by statute or MOU, information from NCJIS/NDEN or other information systems will not be disseminated to an unauthorized agency, entity, or person.009.03 Improper Access/Use Disclosure or Dissemination009.03A An Authorized User will not access, use, disclose or disseminate nonpublic information or CJI from NCJIS/NDEN or other information systems which is not in the furtherance of criminal justice. Examples of reasons not in the furtherance of criminal justice, includes, but is not limited, personal benefit or profit, benefit other persons, nonprofit business dealings, any political (e.g. lobbying or campaigning) party candidate or issue or for any illegal activity.009.03B An Authorized User will not access NCJIS/NDEN or other information systems to confirm the existence or non-existence of nonpublic information, which is not considered to be CJI.009.03C An Authorized User will not access, use, disclose, or disseminate nonpublic information or CJI from NCJIS/NDEN or other information systems without a connection to the user's official duties related to criminal justice or specific statutory authorization.009.04 By acknowledging the responsibilities of an Authorized User pursuant to Section 011, all Authorized Users are required to acknowledge relevant data owner's privacy protection laws including the state and federal criminal and civil penalties associated to misuse of records. An authorized user who violates specified data owner privacy protection laws is subject to the corresponding state and federal criminal and civil penalties associated with the data owner.78 Neb. Admin. Code, ch. 10, § 009
Adopted effective 12/8/2020Amended effective 11/13/2021