4501:2-10-06 Dissemination and record keeping.

(A) Access to the LEADS shall be limited to certified operators. Each operator is accountable for all transactions occurring while their assigned password is logged on to a terminal accessing LEADS. An audit trail shall be maintained by participating LEADS agencies across the body of the printout for each dissemination, or receipt, of any printout of information from the LEADS. Each LEADS CCH/III inquiry shall contain the applicable purpose code per the BCI&I training manual information which is provided by the attorney general to all user agencies. All criminal history inquiries are to be logged in the format specified in the BCI&I training manual or an automated CCH log whose format has been approved by BCI&I.

(B) Messages and/or throughput of any kind accessed through LEADS shall be restricted to the use of duly authorized law enforcement and/or criminal justice agencies for the administration of criminal justice. The data shall not be sold, transmitted, or disseminated to any non-law enforcement agency, non-criminal justice agency or unauthorized person; except as provided in rule 4501:2-10-03 of the Administrative Code; road and weather information may be made available to the general public: fatal crash data, when properly designated, is available to the news media and hazardous material files and data is to be available to fire department and emergency management personnel. Also, administrative messages identified by LEADS as information pertaining to homeland security when determined by the CTO or designated agent will contain additional dissemination instructions. These messages may be released outside the criminal justice system as designated. All participating agencies will assume responsibility for, and enforce, system security and integrity.

(C) LEADS staff will advise the administrator of agencies with whom they have a nonterminal agreement of all LEADS rules regarding dissemination and disposition of information accessed through the LEADS; by providing each nonterminal administrator a copy of the LEADS administrative rules, practitioner training lesson plan and a copy of the validation section from the LEADS operating manual.

(D) All terminal, quadrant and out-of-state messages shall be limited to those relating to formal criminal justice duties. Messages prohibited on the NLETS pursuant to rule 4501:2-10-08 of the Administrative Code are also prohibited on the LEADS.

(E) BMV records and wants and warrants records may be accessed by criminal justice agencies for the purpose of providing governmental, non-criminal justice agencies limited criminal background investigations for administrative purposes. A LEADS terminal agency administrator wishing to access data through LEADS for this purpose must petition the superintendent of the Ohio state highway patrol, in writing, for such access. The petition must include, but is not limited to:

(1) Detailed position (job) description the prospective employee will perform.

(2) Written concurrence of the prospective employee’s agency administrator.

(3) Written concurrence of the employing agency chief executive.

(4) Written concurrence of the LEADS terminal agency chief administrator.

This rule does not supersede any existing laws or rules as to access to NCIC, NLETS, III or CCH.

(F) Administrative messages may be directed to specific criminal justice agencies for the purpose of local criminal record checks to complete criminal background investigations for governmental, non-criminal justice agencies, following the same application and approval outlined in rule 4501:2-10-06 of the Administrative Code. This rule does not supersede any existing laws or rules as to access to NCIC, NLETS, III or CCH.

(G) Each terminal user shall make every reasonable effort to assure the accuracy, completeness, conciseness, and timeliness of all data transmitted.

(H) Each terminal user shall respond as promptly as possible to all incoming messages that require a reply. Priority “U” (urgent) hit confirmations must be answered within ten minutes, and priority “R” (routine) hit confirmations requests must be answered within one hour; both with an indication of the current status of any wants. If the current status cannot be verified within the time limit, a message shall be sent within the time limit advising when the record will be verified.

(I) System users must strictly adhere to the standards, procedures, formats, and criteria contained in the NCIC operating manual and the LEADS security policy.

(J) Notice of criminal justice training offered by the Ohio peace officer’s training council approved academies and training offered by a criminal justice agency may be transmitted over the LEADS. Notice of training offered by private concerns is not permitted over the LEADS.

(K) The LEADS operating manual, NCIC manuals, LEADS newsletters, BCI&I CCH training manual, LEADS security policy, LEADS lesson plans, LEADS hardware/software, or other materials necessary to the proper functioning of a terminal shall be maintained in an up-to-date condition readily accessible to those persons charged with terminal operation or control. All LEADS owned hardware and software, LEADS security policy, CJIS security policy and BCI&I CCH training manuals are not for use, or for possession, or release outside the terminal agency except as otherwise provided in these rules, or as specifically authorized by the superintendent.

(L) Hard-copy printouts of information obtained through LEADS must be rendered unreadable when no longer needed.

Effective: 02/15/2008

R.C. 119.032 review dates: 11/29/2007 and 11/29/2012

Promulgated Under: 119.03

Statutory Authority: R.C. 5503.10

Rule Amplifies: R.C. 5503.10

Prior Effective Dates: 10-10-91; 3/28-92; 4-11-94; 9-29-94; 10-10-95; 5-27-96; 7-31-98; 7-1-01; 11-1-03