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10/01/2022 <br />CJISD-ITS-DOC-08140-5.9.1 <br />H-3 <br />addendum would specifically authorize access to CHRI, limit the use of the <br />information to the specific purposes for which it is being provided, ensure the <br />security and confidentiality of the information consistent with applicable laws <br />and regulations, provide for sanctions, and contain such other provisions as the <br />Director of the FBI (acting for the Attorney General) may require. The security <br />addendum, buttressed by ongoing audit programs of both the FBI and the <br />sponsoring governmental agency, will provide an appropriate balance between <br />the benefits of privatization, protection of individual privacy interests, and <br />preservation of the security of the FBI’s CHRI systems. <br /> The FBI will develop a security addendum to be made available to <br />interested governmental agencies. We anticipate that the security addendum <br />will include physical and personnel security constraints historically required <br />by NCIC security practices and other programmatic requirements, together <br />with personal integrity and electronic security provisions comparable to those <br />in NCIC User Agreements between the FBI and criminal justice agencies, and <br />in existing Management Control Agreements between criminal justice <br />agencies and noncriminal justice governmental entities. The security <br />addendum will make clear that access to CHRI will be limited to those officers <br />and employees of the private contractor or its subcontractor who require the <br />information to properly perform services for the sponsoring governmental <br />agency, and that the service provider may not access, modify, use, or <br />disseminate such information for inconsistent or unauthorized purposes. <br /> Consistent with such intent, Title 28 of the Code of Federal Regulations (C.F.R.) was <br />amended to read: <br />§ 20.33 Dissemination of criminal history record information. <br />a) Criminal history record information contained in the Interstate <br />Identification Index (III) System and the Fingerprint Identification Records <br />System (FIRS) may be made available: <br />1) To criminal justice agencies for criminal justice purposes, which <br />purposes include the screening of employees or applicants for <br />employment hired by criminal justice agencies. <br />2) To noncriminal justice governmental agencies performing criminal <br />justice dispatching functions or data processing/information services <br />for criminal justice agencies; and <br />3) To private contractors pursuant to a specific agreement with an agency <br />identified in paragraphs (a)(1) or (a)(6) of this section and for the <br />purpose of providing services for the administration of criminal justice <br />pursuant to that agreement. The agreement must incorporate a security <br />addendum approved by the Attorney General of the United States, <br />which shall specifically authorize access to criminal history record <br />information, limit the use of the information to the purposes for which <br />it is provided, ensure the security and confidentiality of the information <br />consistent with these regulations, provide for sanctions, and contain <br />such other provisions as the Attorney General may require. The power <br />Docusign Envelope ID: D040EFAB-2D80-498F-8058-E854C6400347