A bill to protect the constitutional rights and privacy of individuals upon whom criminal justice information has been collected and to control the collection and dissemination of criminal justice information, and for other purposes.
Criminal Justice Information Control and Protection of Privacy Act - Title I: Purpose and Scope - Declares it to be the finding of Congress that effective law enforcement requires the dissemination of complete and accurate criminal justice information, but the irresponsible use of inaccurate information may infringe on individual rights. Defines terms used in this Act. Lists the criminal justice agencies to which this Act applies, including: (1) agencies which exchange information interstate; and (2) information obtained from a foreign government or international agency to the extent it is comingled with information obtained from domestic sources. Lists the records and proceedings to which this Act does not apply, including original books of entry or police blotters, and court records of public criminal proceedings.
Title II: Collection and Dissemination of Criminal Justice Information; Criminal Justice Investigative Information; and Criminal Justice Intelligence Information - Prescribes the procedures for: (1) dissemination, access, and use of criminal justice information by criminal justice agencies; (2) dissemination of identification record and wanted persons record information; (3) dissemination, access, and use of criminal justice information by noncriminal justice agencies; and (4) dissemination, access, and use of criminal justice information with respect to appointments and employment investigations.
Prohibits agencies having access to criminal justice information from disseminating it to others not authorized to have it or from using it for a purpose not authorized by this Act, with limited exceptions with regard to correctional officials.
Requires requests for information to identify the individual to whom the information relates by name except when the information is requested in connection with research related to the administration of criminal justice or in developing investigative leads for a particular offense.
Directs each criminal justice agency to adopt procedures providing: (1) for the security, accuracy, and updating of criminal justice information; and (2) for the sealing and purging of criminal justice information. Provides for access to criminal justice information by an individual or his attorney for purposes of challenging the accuracy, completeness, or legality of such information. Requires criminal justice agencies to adopt rules to implement the granting of such access.
Places limitations' on the collection and dissemination of intelligence information. Prohibits direct remote terminal access to criminal justice information except for specified types of information. Enumerates the conditions under which criminal justice investigative information may be disclosed.
Title III: Administrative Provisions; Regulations; Civil Remedies; Criminal Penalties - Establishes the Commission on Criminal Justice Information. States that the Commission shall have overall responsibility for the administration and enforcement of this Act. States that the Commission shall be composed of 13 members, including the Attorney General and nine members appointed by the President with the advice and consent of the Senate. Sets five years as the duration of the Commission.
Sets forth the powers and duties of the Commission, including the issuance of such regulations, interpretations and procedures as are necessary to effectuate the provisions of this Act. Authorizes the Commission to conduct hearings, and to exercise subpena powers to insure the presence of witnesses or evidence. Directs the Commission to encourage the formation of State agencies to carry out the provisions of this Act.
Provides judicial remedies to persons aggrieved by a violation of this Act or regulation issued pursuant to this Act. Provides for both injunctive relief and damages of not less than $100 per violation and reasonable attorneys' fees and costs. Directs that any Government employee who willfully violates this Act shall be fined not more than $10,000.
Authorizes the appropriation of such funds as the Congress deems necessary for the purposes of this Act.
Referred to Senate Committee on the Judiciary.
Introduced in House
Introduced in House
Referred to House Committee on the Judiciary.
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