(a) “Access” means the ability to do one or more of the following: view, query, add, delete, or retrieve records in the CalGang database depending on the User's level of access to the database.

(b) “Agency” means any law enforcement agency, as defined in Penal Code section 186.34(a)(3), only.

(c) “Audit” means the process of objective examination of the CalGang database pertaining to the maintenance of records or designated criminal street gangs, or the objective examination of a sample of randomly-selected records or designated criminal street gangs to determine whether the CalGang database is in compliance with these regulations.

(d) “CGNAC” means the California Gang Node Advisory Committee.

(e) “Contact” between a law enforcement officer and a potential Gang Member or Associate means any lawful observation of a person by a law enforcement officer or any lawful interaction between a person and a law enforcement officer.

(f) “Department” means the California Department of Justice.

(g) “Dissemination” means the sharing of criminal intelligence among law enforcement authorities in any Agency or Agencies on a need to know and a right to know basis.

(h) “Gang Member or Associate” means a person who satisfies the requirements to be designated in the CalGang database set forth in subdivision (c) of section 752.2.

(i) “Juvenile” means a person between the ages of 13 through 17.

(j) “Need to know” means a state of facts that supports the legitimacy of access to specific intelligence by a person or an Agency with a right to know. The “need to know” shall be pertinent to and necessary to the performance of a specific law enforcement activity.

(k) “Node” means a geographically located cluster of participating law enforcement agencies with access to the CalGang database that may exist from time to time.

(l) “Node Administrator” means a person who is appointed by the Node Agency to act as the leader of that Node. The Node Administrator is responsible for organizing, training, providing technical support, and coordinating the information collection activities of User Agencies in the Node.

(m) “Node Administrator's Designee” means a person selected by the Node Administrator to act as the Node Administrator when the Node Administrator is not available.

(n) “Node Agency” means the law enforcement agency where a Node Administrator is located.

(o) “Non-User” means a person or an Agency that does not have access to the CalGang database.

(p) “Offense consistent with gang activity” means those offenses that are listed in subdivision (a) or (e) of Penal Code section 186.22, Penal Code section 186.26, or Penal Code section 186.28, or other offense that is a felony, and where there is reasonable suspicion to believe that the offense was committed for the benefit of, at the direction of, or in association with any criminal street gang, with the specific intent to promote, further, or assist in any criminal conduct by gang members.

(q) “Organization” means an organization, association, or group of people.

(r) “Outreach worker” means a person who would reasonably be able to demonstrate they are employed by, or have a paid or unpaid internship with, an agency or non-profit organization that provides one or more gang prevention, intervention, or community outreach programs.

(s) “Peer Audit” means an audit of a Node's CalGang database records that is conducted by two Node Administrators, or the Node Administrators' Designees, neither of whom represent the Node Agency or User Agency being audited.

(t) “Publish” means to upload, share, post, or repost on the internet including, but not limited to, through a social media account.

(u) “Purge” means the elimination of any record or designated criminal street gang from the CalGang database and any printed form of the record or designated criminal street gang when it is no longer in compliance with these regulations.

(v) “Reasonable suspicion” means that state of known information which establishes sufficient facts to give a trained law enforcement or criminal investigative agency officer, investigator, or employee a basis to believe that there is a reasonable possibility that a person or an organization is involved in a definable criminal activity or enterprise.

(w) “Record” means information contained in the CalGang database that pertains to a Gang Member or Associate within a designated criminal street gang and Node.

(x) “Reliable source” means someone who provides information that the officer reasonably believes is sufficiently reliable based on the totality of circumstances that may include, but is not limited to, the following factors: (1) basis of knowledge; (2) past or present indications of veracity; and (3) past or present indications of reliability.

(y) “Revoked,” as it applies to a User's account, means the account is invalid and the User is permanently prohibited from accessing the account.

(z) “Right to know” means the status of being an Agency or a person engaged in a law enforcement activity that, because of official capacity or statutory authority, may have access to the CalGang database if there is also a need to know.

(aa) “Source documents” means documentation of lawfully obtained information that supports one or more criteria entered into a person's record in the CalGang database. Such documents may include, but are not limited to, arrest reports, field interview cards, photographs, and jail records.

(bb) “Suspended,” as it applies to a User account, means that the User's access to the account is prohibited for a defined period or until satisfaction of conditions under these regulations.

(cc) “Symbol,” as it applies to a criminal street gang, means a criminal street gang's name, initials, numerical representation, slogan, picture, character, or any other adaptation or representation used by that criminal street gang.

(dd) “System misuse” means unauthorized access or use of information in the CalGang database in violation of these regulations.

(ee) “Unauthorized access” means access to the CalGang database by a person who does not have a need to know and a right to know or who is not authorized by these regulations to access the database.

(ff) “User” means authorized employees listed within subdivision (k)(6) of Penal Code section 186.36 whose employment duties warrant access to the CalGang database.

(gg) “User Agency” means an Agency that has access to the CalGang database.