9 CRR-NY 6193.2NY-CRR
STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 9. EXECUTIVE DEPARTMENT
SUBTITLE U. DIVISION OF CRIMINAL JUSTICE SERVICES
CHAPTER VIII. FORENSIC SERVICES
PART 6193. USE AND DISSEMINATION AGREEMENT FOR ACCESS TO STATE DNA DATABANK; RIGHT OF SUBJECTS TO ACCESS RECORDS, AND EXPUNGEMENT
9 CRR-NY 6193.2
9 CRR-NY 6193.2
6193.2 Use and dissemination agreements.
Access to the DNA databank shall be granted to an agency authorized by article 49-B of the Executive Law, to have such access, pursuant only to a written use and dissemination agreement. A copy of each current use and dissemination agreement shall be filed with the commission and maintained in a division file for each participant laboratory at all times. The format of the agreements shall be determined by the division. The use and dissemination agreement shall specify:
(a) duties of the division to provide the requested access and information to authorized parties;
(b) duties of the user agency to receive, store and use all information covered by the agreement in compliance with all applicable State and Federal laws and regulations;
(c) duties of the user agency to familiarize all personnel and adhere to all regulations governing the receipt, storage and use of all information covered in the agreement;
(d) duties of the user agency to maintain records that support and justify inquiries and requests for DNA databank searches, and make these records available to the division during periodic audits performed by the division;
(e) prohibitions on the redisclosure by the user agency of any information obtained from the DNA databank to any unauthorized agency or person;
(f) specific policy for suspension of access, cancellation of access and/or fines for any violations of the terms and conditions of the use and dissemination agreement by a user agency, its employees or agents, and a policy for reinstating access or service by the division only after the division is satisfied that the causes of all violations have been eliminated;
(g) specific instructions allowing termination by either party of the agreement for any reason, with 30 days' notice.
9 CRR-NY 6193.2
Current through July 31, 2021
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