Directive 5.26 Protected information, Flashcards
According to Directive 5.26 Protected information, It is the policy of the Philadelphia Police Department to conform to the mandates of the______________?
Criminal History Record Information Act 18 Pa. C.S.A. 9101 et seq. (CHRIA) and the
Code of Federal Regulations at 28 CFR Part 23.
According to Directive 5.26 Protected information, This policy establishes guidelines to the Philadelphia Police Department which will
enable the Department to ?
gather, disseminate, and receive intelligence, investigative
and treatment information from other conforming criminal justice agencies. This data being classified as protected information by 18 Pa. C.S.A. §9106.
According to Directive 5.26 Protected information, In compliance with these laws, the Philadelphia Police Department has employed a
computerized intelligence management system to
maintain protected information that it
collects. This system has been registered and approved for use by the Pennsylvania
Attorney General’s Office who is designated by state legislature as the oversight
agency for all intelligence functions that operate in the State of Pennsylvania.
The Department’s intelligence management system meets or exceeds all state and
federal requirements and is subject to audit by ?
Pennsylvania State Police
According to Directive 5.26 Protected information, define Automated Systems
A computer or other internally programmed device capable of
automatically accepting and processing data, including computer programs, data
communication links, input and output data, and data storage devices.
According to Directive 5.26 Protected information, define Criminal Justice Agency
A court, including the minor judiciary, with criminal
jurisdiction or any other governmental agency, or sub-unit thereof, created by statute or
by the State or Federal constitutions, specifically authorized to perform as its principal
function the administration of criminal justice, and which allocates a substantial portion
of its annual budget to such function.
According to Directive 5.26 Protected information, define Protected Information
Protected Information includes three types of information –
Intelligence Information, Investigative Information, and Treatment Information, which are defined as:
According to Directive 5.26 Protected information, define Intelligence information -
Information concerning the habits, practices,
characteristics, possessions, associations or financial status of any individual
compiled in an effort to anticipate, prevent, monitor, investigate or prosecute
criminal activity. Notwithstanding the definition of “treatment information”
contained in this section, intelligence information may include information on
prescribing, dispensing, selling, obtaining or using a controlled substance as
defined in the act of April 14, 1972 (P.L. 233, No. 64), known as the Controlled
Substance, Drug, Device, and Cosmetic Act.
investigative information
Information assembled as a result of the performance of
any inquiry, formal or informal, into a criminal incident or an allegation of criminal
wrongdoing and may include modus operandi information.
Treatment information
- Information concerning medical, psychiatric,
psychological or other rehabilitative treatment provided, suggested
Repository
Any location in which criminal history record information is collected,
compiled, maintained and disseminated by a criminal justice agency.
Central Repository -
The central location for the collection, compilation, maintenance
and dissemination of criminal history record information by the Pennsylvania State
Police.
Criminal History Record Information
Information collected by criminal justice
agencies concerning individuals, and arising from the initiation of a criminal
proceeding, consisting of identifiable descriptions, dates and notations of arrests,
indictments, information or other formal criminal charges and any dispositions arising
there from. The term does not include intelligence information, investigative
information or treatment information, including medical and psychological information,
or information and records specified in Section 9104 (relating to scope).
Physical Infiltration -
An investigation tactic whereby undercover officers use disguise
and deception to become accepted members of an alleged criminal group, organization
or enterprise for the purpose of gathering criminal intelligence information.
Collection of protected information
The department will collect protected
information in its automated system only when the following conditions are met:
Security of Protected Information
The confidentiality of protected information
will be provided for and securely maintained by:
Completely Reliable
No doubt of trustworthiness, authenticity
- The source is competent
- History of the source is completely reliable
Mostly Reliable
Some doubt of trustworthiness, authenticity
- Some doubt about competence
- Majority of the time a reliable source
Somewhat Reliable
- Usually some doubt of authenticity, trust
- Usually some doubt about competence
- Reliable source some of the time
Unreliable
Great doubt about authenticity, trust
- Great doubt about competence
- History of unreliable information
Reliability Unknown
- Cannot be judged
- No information to base decision
Known to be True / Confirmed
Confirmed by other independent sources
- Logical in itself
- Agrees with other information on subject
Probably True
Not confirmed
- Logical in itself
- Agrees with other information on subject
Possibly True
Not confirmed
- Reasonably logical in itself
- Agrees somewhat with other information
Cannot be Judged
No information to base decision
All intelligence information will be evaluated and a recommendation will be made by the contributor to determine the appropriate handling and dissemination of the intelligence information. WHO ? will will review and concur with evaluations prior to final submissions into the system
A supervisor or other personnel trained to review and
supervise intelligence records
Dissemination of Protected Information
Only the Department’s intelligence officer
may disseminate protected information if the following conditions are met:
The requesting criminal justice agency must certify that it has adopted polices and procedures consistent with the ______?
CHRIA Act.
C. Delaware Valley Intelligence Center (DVIC)
1. The Commanding Officer, DVIC shall:
a. Receive information from Federal, State, Local and Tribal Homeland Security
agencies about criminality and homeland security concerns and is responsible
for collecting and forwarding such information to appropriate police personnel
including the Police Department’s Intelligence Officer.
b. Assess, appraise, verify, and determine creditability as well as check for
accuracy on all Suspicious Activity Reports
Computerized Protected Information
1. WILL NOT
be stored in any personal computers and/or portable storage devices
(flash drive) at a district or unit at any time. These files will be maintained in a
secure central location (only at CIU or DVIC) protected from damage, theft and
unauthorized use.
Any Protected Information received by the Philadelphia Police Department from
any other criminal justice agency shall be
safeguarded and treated with the same
level of security required of original source/provider of the information by State
and Federal law.
