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Proposed revision to Law Enforcement standard 40.2.3 relating to criminal intelligence.

At the May 2019 Huntsville, AL meeting of the Standards Review and Interpretation Committee (SRIC) the committee directed staff to post the following standard and requested changes to the clients for comments.  The SRIC discussion was that all agencies, regardless of size or function, had the responsibility to receive and share information that may be considered criminal intelligence.  Please post your comments or send correspondence to CALEA by Friday, July 5th, 2019.

 

40.2.3 (LE1)(M M M M) (LE1) Criminal Intelligence Procedures

If the agency collects criminal intelligence, A written directive addresses its processing receiving and sharing of criminal intelligence information with appropriate entities, to include:

    1. purpose and responsibility of personnel;

    2. procedures for safeguarding, securing, and storing information;

    3. requirements and procedures for the distribution of information;

    4. procedures for purging information; and

    5. annual review of procedures and processes.

The intent of this standard is to document agency accountability for the collection and sharing of information and events qualifying as criminal intelligence information.

Intelligence-gathering activities are important in all agencies. All agencies, regardless of size, should have a criminal intelligence function. The need to develop and share information and criminal intelligence across all levels of government is imperative. Each agency has a stake in the development and exchange of suspicious incidents, information, and criminal intelligence.

Law enforcement agencies should operate under specific guidelines to ensure that no abuses occur. The sensitive nature of criminal intelligence files requires that they be maintained separately from other agency records to prevent compromise and protect the integrity of the file system. If the intelligence function is performed by an individual with other responsibilities (e.g., CEO, deputy chief) or as an activity of a larger function (criminal investigations), the separation and security intentions of this standard still apply. It is recommended that agencies utilize specific file procedures as a check and balance against inappropriate activities. The collection/submission, access, storage, and dissemination of criminal intelligence information must respect the privacy and rights of individuals, groups, and organizations.

Law enforcement personnel should be trained and encouraged to document information gleaned from a variety of sources. Training should emphasize that all personnel, regardless of their jobs, have a role in criminal intelligence and the sharing of information. Training can range from roll-call to more advanced training.

When intelligence has no further informational value and/or meets the criteria of any applicable law, it should be destroyed. Out-of-date or incorrect information should be amended to correct the original information. Intelligence files should be purged on an annual basis in accordance with federal regulations.

Agencies should leverage national and international information sharing initiatives including INTERPOL. Time sensitive standard. (M M M M) (LE1)

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