§846-9 - Limitations on dissemination.
§846-9 Limitations on dissemination.
Dissemination of nonconviction data shall be limited, whether directly or
through any intermediary, only to:
(1) Criminal justice agencies, for purposes of the
administration of criminal justice and criminal justice agency employment;
(2) Individuals and agencies specified in section
846-10;
(3) Individuals and agencies pursuant to a specific
agreement with a criminal justice agency to provide services required for the
administration of criminal justice pursuant to that agreement; provided that
such agreement shall specifically authorize access to data, limit the use of
data to purposes for which given, and insure the security and confidentiality
of the data consistent with the provisions of this chapter;
(4) Individuals and agencies for the express purpose
of research, evaluative, or statistical activities pursuant to an agreement
with a criminal justice agency; provided that such agreement shall specifically
authorize access to data, limit the use of data to research, evaluative, or
statistical purposes, and insure the confidentiality and security of the data
consistent with the purposes of this chapter;
(5) Individuals and agencies for any purpose
authorized by statute, ordinance, executive order, or court rule, decision, or
order, as construed by appropriate state or local officials or agencies; and
(6) Agencies of state or federal government which are
authorized by statute or executive order to conduct investigations determining
employment suitability or eligibility for security clearances allowing access
to classified information.
These dissemination limitations do not apply to
conviction data. These dissemination limitations also do not apply to data
relating to cases in which the defendant is acquitted, or charges are
dismissed, by reason of physical or mental disease, disorder, or defect under
chapter 704.
Criminal history record information
disseminated to noncriminal justice agencies shall be used only for the
purposes for which it was given.
No agency or individual shall confirm the
existence or nonexistence of criminal history record information to any person
or agency that would not be eligible to receive the information itself. [L
1979, c 129, pt of §2; am L 1996, c 116, §2]