N.Y. Comp. Codes R. & Regs. tit. 9 § 486.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 486.4 - Nyspin security

(a) The terminal must be attended or secured 24 hours of each day.

(b) The terminal must be housed in a duly authorized structure such as one owned, operated or leased by a Federal, State, county, city, town or other recognized governmental organization.

(c) Thorough background screening of personnel by the employing agency is required. National and State record checks through submission of applicant fingerprint cards must be conducted for terminal operators, programmers, and other persons employed or utilized to effectuate access to, or initiate transmission of all information on NYSPIN. This shall be completed as authorized by section 837(c) of the New York State Executive Law, section 50 (4) of the Civil Service Law, and other applicable New York State laws. This rule does not apply to terminal operators accessing SEMO and NWS related information only. Good management practices dictate that record checks should be completed prior to employment. Appropriate background investigations must be conducted on all NYSPIN terminal operators, including submission of a complete applicant fingerprint card to the Division of Criminal Justice Services (DCJS) and to the FBI Identification Division through DCJS. Before an operator is given access through basic certification, the following conditions must be met:

(1) The employing agency staff must check the State fugitive file and national arrest and fugitive files. If a record of any kind is found, access will not be granted pending review of the arrest and fugitive records.

(2) When identification of the applicant has been established by fingerprint comparison and he/she appears to be a fugitive or have an arrest history for a felony or serious misdemeanor, an agency head or designee will review the matter. If the applicant is found to be a fugitive from justice, or to have been convicted of a felony or serious misdemeanor and the agency head still considers the candidate worthy of consideration for employment, the matter will be referred, with the agency head's written recommendation, to the Superintendent of State Police for a final determination.

(3) If a determination is made that NYSPIN access (other than SEMO and NWS) by the applicant would not be in the public interest, such access will be denied and the applicant's appointing authority will be notified in writing of the access denial.

(4) Each criminal justice agency authorized to access NYSPIN must have appropriate written standards for discipline of NYSPIN policy violations.

(d) The computer site and/or terminal area must have adequate physical security to protect against any unauthorized personnel gaining access to the computer equipment or to any of the stored data. The terminal device must be out of the view of unauthorized persons when not in use and visitors to computer centers and/or terminal areas must be accompanied by staff personnel at all times.

(e) Dissemination of criminal justice information (other than CHRI) by phone to non-NYSPIN participants or out-of-state criminal justice agencies is authorized, but only after the requesting agency's ORI is confirmed (OTST) and the identity of the caller is validated. Dissemination of CHRI to out-of-state agencies by phone is prohibited under the terms of the use and dissemination agreement between the NYSPIN participants authorized to access CHRI and DCJS pursuant to section 837 (6) of the Executive Law.

(f) The New York State Vehicle and Traffic Law, section 504, provides that the record of conviction stub of the driver's license shall not be subject to inspection by any motor vehicle inspection officer, peace officer, police officer or any other person. Therefore, in compliance with the intent of the law and except as described below, transmission of Vehicle and Traffic Law conviction information obtained via NYSPIN by two-way radio is prohibited. Previous vehicle and traffic conviction data may be transmitted via two-way radio whenever the degree of offense for an arrest in progress is affected by a previous conviction. For example, when a person is under arrest for driving while intoxicated or driving while ability is impaired by the use of drugs, to advise the officer that the person under arrest may have committed a felony pursuant to the Vehicle and Traffic Law, section 1192, subdivision 5.

(g) All printed matter from the NYSPIN terminal that must be disposed of should be destroyed by shredding, burning (consistent with local ordinances), or in another manner that renders the material unreadable.

(h) Each NYSPIN participant must designate and file with the Division of State Police a NYSPIN security officer who is responsible for insuring compliance with this Part (rule) and the rules contained within the NYSPIN Operating Manual. Any change of such NYSPIN security officer must be reported immediately to SP Albany by terminal message.

(i) Every NYSPIN participant must consent to an annual audit or special audit as approved by the NYSPIN Advisory Committee.

(j) The Superintendent of State Police shall establish administrative procedures relating to system security by conducting audits and security and confidentiality investigations which could result in suspension or termination of NYSPIN service, if warranted.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 486.4