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§ 751.4. Proxy Query to the Information Contained in the CalGang Database.

11 CA ADC § 751.4Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 11. Law
Division 1. Attorney General
Chapter 7.5. Department of Justice Regulations for the Fair and Accurate Governance of the Calgang Database
Article 3. Access to the Calgang Database, Admission, and Dissemination of Intelligence
11 CCR § 751.4
§ 751.4. Proxy Query to the Information Contained in the CalGang Database.
Currentness
(a) A User shall not permit any other person access to their CalGang account. However, a User may disseminate information from the CalGang database by utilizing the proxy query feature within the CalGang database to conduct a search for a Non-User who demonstrates a right to know and a need to know.
(1) The Non-User requesting a proxy query shall complete the CalGang Proxy Query Agreement form CJIS 9007 (orig. November 2019), incorporated by reference herein, prior to receiving any data or information from the CalGang database. Once the Non-User completes the CalGang Proxy Query Agreement form, the Non-User shall send it to the User. A copy of each CalGang Proxy Query Agreement form shall be kept on file by the User. The User shall provide the Department with a copy of each completed CalGang Proxy Query Agreement form within 30 calendar days of conducting a proxy query.
(2) When conducting a proxy query, the User shall enter into the CalGang database the information the Non-User provided in the CalGang Proxy Query Agreement form as the reason for conducting the proxy query.
(3) If a Non-User has an urgent need to request a proxy query while in the field and is unable to complete the CalGang Proxy Query Agreement form, a proxy query may be conducted by a User utilizing the proxy query feature within the CalGang database if the following requirements are met:
(A) The User receiving the urgent proxy query request from the Non-User shall request the same information from the Non-User that is contained in the CalGang Proxy Query Agreement form and retain that information until a completed CalGang Proxy Query Agreement form is received from the Non-User.
(B) The User shall read the following statement to the Non-User:
1. All information from the CalGang database is protected criminal intelligence data. Under no circumstances shall information from the CalGang database be released to the public or the media. Information in the CalGang database is confidential and shall not be referred to in official reports. Information from the CalGang database shall not be accessed or used for any reason other than investigative purposes and shall not be used for the purposes of documenting immigration status or any other unlawful purpose. The database shall not be used for the purposes of enforcing federal immigration law, unless required by California state or federal statute or regulation; for military or employment screening purposes; or for non-criminal internal affairs investigations. However, this restriction does not prohibit the exchange of any information regarding a person's immigration or citizenship status pursuant to sections 1373 and 1644 of title 8 of the United States Code. Misuse of the CalGang database, or any information within it, may result in penalties, pursuant to Penal Code section 186.36.
(C) The User shall notify the Non-User of the requirement to sign and send a CalGang Proxy Query Agreement form within 10 working days of the query.
(D) The requesting Non-User shall agree to sign the CalGang Proxy Query Agreement form, and shall send the signed form within 10 working days of the query.
(E) The User is responsible for following up with the Non-User to ensure a signed CalGang Proxy Query Agreement form is provided. If a User conducted a proxy query and a signed CalGang Proxy Query Agreement form has not been received by the User within 15 working days of the query:
1. The User shall contact the Non-User to retrieve a signed CalGang Proxy Query Agreement form. The Department shall suspend or revoke the User's access unless the User can demonstrate that they attempted to contact the Non-User on the 15th working day after the proxy query was conducted.
2. A notation shall be made in the CalGang database for the non-compliant Non-User and the Non-User's agency, and future proxy query requests made by the Non-User and the Non-User's agency shall be denied until a signed CalGang Proxy Query Agreement form is received by the original User for the non-compliant Non-User.
(b) A User shall not disseminate information to a Non-User through the proxy query feature on a regular basis. If the same Non-User requests information through a proxy query more than 12 times per year, the User shall refer the Non-User to its Node Administrator or the Department to inquire about gaining access to the CalGang database pursuant to Article 3.
(1) The Department shall audit proxy query usage annually and track the number of proxy query requests made by each Non-User. The Department shall suspend or revoke the access of a User, User Agency, and/or a Node Agency that allows more than 12 queries to be conducted by the same Non-User in a year.
(c) Nothing in subdivision (a) limits the sharing of information in the CalGang database if permitted under Article 8 or Penal Code section 186.34 or 186.35.

Credits

Note: Authority cited: Section 186.36, Penal Code. Reference: Sections 186.34, 186.35 and 186.36, Penal Code.
History
1. New section filed 10-22-2020; operative 10-22-2020 pursuant to Government Code section 11343.4(b)(3) (Register 2020, No. 43). Transmission deadline specified in Government Code section 11346.4(b) extended 60 calendar days pursuant to Executive Order N-40-20. Filing deadline specified in Government Code section 11349.3(a) extended 60 calendar days pursuant to Executive Order N-40-20 and an additional 60 calendar days pursuant to Executive Order N-66-20.
This database is current through 6/21/24 Register 2024, No. 25.
Cal. Admin. Code tit. 11, § 751.4, 11 CA ADC § 751.4
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