14B NCAC 18B .0407       RESEARCH USE AND ACCESS OF CCH RECORDS

(a)  Researchers who wish to use criminal justice information maintained by CIIS shall first submit to the North Carolina CJIS System Officer (CSO) a completed research design that guarantees protection of security and privacy. Authorization to use computerized criminal history records shall be given after the CSO has approved the research design.

(b)  In making a determination to approve the submitted research design, the CSO must ensure that:

(1)           an individual's right to privacy will not be violated by the research program;

(2)           the program is calculated to prevent injury or embarrassment to any individual;

(3)           the results outweigh any disadvantages that are created for the North Carolina criminal justice system if the research information is provided;

(4)           the criminal justice community will benefit from the research and use; and

(5)           the requestor is responsible for cost.

(c)  For purposes of this Rule, a researcher is defined as a non-criminal justice or private agency or a criminal justice agency wishing to access criminal history data for a statistical purpose.

History Note:        Authority G.S. 114-10; 114-10.1; 114-19.1;

Eff. August 1, 2014;

Transferred and Recodified from 12 NCAC 04I .0407 Eff. November 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.