Or. Admin. Code § 137-090-0130

Current through Register Vol. 63, No. 12, December 1, 2024

Section 137-090-0130 - Dissemination

Criminal intelligence information is disseminated only to personnel of criminal justice agencies and only on a "right to know" authority and "need to know" responsibility.

(1) Definitions:

(a) "Right to know": Requester agency has official capacity and statutory authority to the information being requested.

(b) "Need to know": Requested information is pertinent and necessary to the requester agency in initiating, furthering, or completing an investigation.

(2) Control:

(a) It is the policy of the Organized Crime Section to account for date, nature and purpose of all disclosures of criminal intelligence by the CIU. The accounting includes names, title, and agency of the person or agency to whom the disclosure is made, what was disclosed and the name, if any, of the person making the disclosure. Disclosures are made in accordance with the security classification designated by the contributor agency, and the contributor agency shall be notified of all disclosures.

(b) The accounting required by (2)(a) of this rule will be electronically completed every time criminal intelligence is accessed

(c) All disclosures of criminal intelligence are logged and the records of the disclosures are retained for the life of disclosed documents.

(d) An accounting will be electronically completed every time the criminal intelligence files are queried. This accounting will be retained for a period of one year, and includes the inquirer's name and agency, the agency phone number, the nature of the inquiry, and the name of the person who is the subject of the inquiry.

(3) Unauthorized Access: The person requesting and receiving criminal intelligence is solely responsible for the security of that information. Any person possessing the disseminated criminal intelligence other than the original requester, except as provided in section (4) of this rule, is deemed to have unauthorized access.

(4) Unauthorized Dissemination: No CJD employee requesting and receiving CIU criminal intelligence will allow access to this information by other individuals except at meetings or during shared project assignments in which the subject of the criminal intelligence is being used and all the participants in these meetings and/or projects meet the dissemination criteria of this chapter.

(5) Dissemination Restriction: Any person accessing CIU criminal intelligence shall disseminate that information only to law enforcement authorities who shall agree to follow procedures regarding information receipt, maintenance, security, and dissemination which are consistent with these rules. This provision shall not limit the dissemination of an assessment of criminal intelligence information to a government official or to any other individual, when necessary, to avoid imminent danger to life or property.

(6) Dissemination Table: Table 3 sets forth the classification level, dissemination criteria and release authority for information stored in CIU files. [Table not included. See ED. NOTE.]

Or. Admin. Code § 137-090-0130

JD 2-1989, f. & cert. ef. 9-13-89; DOJ 11-2000, f. & cert. ef. 8-9-00

Tables referenced are available from the agency.

Stat. Auth.: ORS 180

Stats. Implemented: ORS 180.610(2), ORS 180.610(3) & ORS 180.610(4) & 28 CFR § 23.20