Title 9 Part 486

The New York Statewide Police Information Network (NYSPIN)is the computerized system administered by the Division of State Police as authorized by the New York State Executive Law, sections 217, 218, 219 and 220. The system includes the equipment, facilities, procedures, agreements and organizations thereof for the collection, processing, preservation or dissemination of criminal justice information.

The New York State Division of Criminal Justice Services (DCJS) is responsible for the collection, processing, preservation and dissemination of computerized criminal history record information and other information as required by the New York State Executive Law.

The National Crime Information Center (NCIC) is the computer system and facilities maintained by the Federal Bureau of Investigation (FBI), and is located in Washington, D.C.

The National Law Enforcement Telecommunications System, Inc. (NLETS) is the computer system located in Phoenix, Arizona, that is used by all states for the interstate exchange of criminal justice information.

[Title 28 CFR 20.3(b)] Published by the Office of the Federal Register, National Archives and Records Service, General Services Administration, Washington, D.C. Printed by the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. Criminal History Record Information (CHRI) is that information collected by criminal justice agencies on individuals, consisting of identifiable descriptions and notations of arrests, detentions, indictments, information, or other formal criminal charges; and any dispositions arising therefrom such as sentencing, correctional supervision, and release. The term does not include identification information such as fingerprint records, to the extent that such information does not indicate involvement of the individual in the criminal justice system.

Computer material is defined in the New York State Penal Law, section 156.00, subdivision 5.

All data and programming stored in NYSPIN or information accessed through NYSPIN is computer information.

Criminal justice information means all computer information or computer material processed by or through NYSPIN, regardless of the source of the information or material, including material and information from non-criminal justice computer systems such as, but not limited to, the New York State Department of Motor Vehicles and the Truck Mileage Tax data base file.

[Title 28 CFR 20.3(c)] Criminal justice agencies are courts and any government agency or any subunit thereof which performs the administration of criminal justice pursuant to a statute or executive order and which allocates a substantial part of its annual budget to the administration of criminal justice.

[Title 28 CFR 20.3(d)] The administration of criminal justice means the performance of any of the following activities: detection, apprehension, detention, pretrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice shall include criminal identification activities and the collection, storage and dissemination of CHRI.

When obtaining CHRI, criminal justice purpose means accessing information available through NYSPIN as part of an official duty associated with the administration of criminal justice (28 CFR 20.3[d]). When accessing criminal justice information other than CHRI, criminal justice purpose means accessing information available through NYSPIN for an official function, including training, normally performed by criminal justice employees.

The authority for the Federal government to regulate computerized criminal history record information comes from title 28, United States Code (USC), section 534. The procedures, definitions and punitive provisions are found in title 28, Code of Federal Regulations (CFR), part 20, subparts A, B and C.

A NYSPIN participant is any agency or subunit thereof, or a member or employee of that agency, that has been assigned an ORI and that has access to NYSPIN (other than through NLETS, NCIC or DCJS computer systems) by means of a NYSPIN terminal device or through a terminal device that can access information available via NYSPIN through a computer interface.

A non-NYSPIN participant is a criminal justice agency, or a member or employee of that agency, that has been assigned an ORI and who has access to information available via NYSPIN through a NYSPIN participant. NYSPIN participants may require a non-NYSPIN participant to sign a use and dissemination agreement before NYSPIN information or service is provided.

To access NYSPIN means to enter the NYSPIN computer by means of a terminal or other electronic device that enables the information therein to be readable or to make use of information obtained from NYSPIN. Access to NYSPIN is restricted to persons or agencies entitled to obtain, secure or use the criminal justice information properly obtained therefrom.

Unauthorized access of NYSPIN means accessing of NYSPIN by a person or agency not entitled to obtain, secure or use the criminal justice information improperly obtained therefrom. The New York State Penal Law, section 156.00, subsection 6, further defines unauthorized access to computer services, and sets criminal penalties therefor.

A member is a person who is regularly employed by an agency assigned an agency identifier (ORI) and who is sworn to or designated to carry out the administration of criminal justice as defined in the agency's rules and regulations.

The purpose of this rule is to ensure that any information obtained from NYSPIN, but disseminated outside criminal justice, comes from an official report or record to prevent unauthorized persons from accessing criminal justice information by means of fraud or deceit.