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Dissemination Provisions of the LEAA Security and Privacy Regulations - Background and Scope

NCJ Number
79633
Date Published
Unknown
Length
28 pages
Annotation
This document discusses the background and content of the LEAA regulations on privacy and security of criminal history information, particularly the provisions on dissemination of criminal records.
Abstract
Project SEARCH was created in 1969 to provide coordination and technical assistance to criminal justice information systems funded by LEAA. In response to pressure from rights groups and Congressional committees, Congress inserted Section 524(b) in the 1973 amendments to the LEAA enabling legislation requiring that criminal record systems funded by LEAA in corporate security and confidentiality safeguards. Because Congress was unable to agree on specific legislation, LEAA promulgated regulations in May 1975 which required each State to develop a plan for implementing procedures to govern the security, accuracy, and dissemination of criminal records. As a result of widespread criticism, amendments in 1976 revised the strict limits on dissemination of criminal records. The original deadline for implementation of the regulations was suspended because of budgetary limitations, lack of statewide cooperation, and the difficulty of obtaining State legislative action. The LEAA regulations apply only to criminal history information, but they exclude certain types of data, including wanted posters, police blotters, court records, traffic records for licensing purposes, and intelligence reports. A discussion of the dissemination provisions emphasizes that no limits are imposed on criminal justice agency access and use of any types of records and on the dissemination of conviction records to any persons or information about pending cases. Limits on nonconviction records are to be implemented at a later fixed date. An outline of this report is appended, along with a chart identifying the types of criminal justice records covered or not covered by the regulations.