Can the names of individuals or organizations not reasonably suspected of involvement in criminal activity be included in a criminal intelligence database?
Yes. The 1998 Policy Clarification of 28 CFR Part 23 allows for the inclusion of such information as “noncriminal identifying information” if it is relevant to the identification of a criminal subject or the criminal activity. However, this type of information can only be included under the following circumstances: • Appropriate disclaimers or labels must accompany the information noting that it is strictly identifying information carrying no criminal connotation; • Identifying information may not be used as an independent basis to meet the requirement of reasonable suspicion of involvement in criminal activity necessary to create a record in a criminal intelligence system; and • The individual who is the criminal subject identified by this information must meet all requirements of 28 CFR Part 23. The noncriminal identifying information may be added to an existing or new record of a criminal subject in the database. Also, note that noncriminal identifying information that pertains to a
Related Questions
- Can the names of individuals or organizations not reasonably suspected of involvement in criminal activity be included in a criminal intelligence database?
- Why do some individuals who have Business Activity Codes of M or C have Inc or PC after their names?
- Is etro-cycling a good activity for individuals with knee problems?
