HomeMy WebLinkAboutResolutions - 2020.09.23 - 33658MISCELLANEOUS RESOLUTION #20399 September 23, 2020
BY: Commissioner Penny Luebs, Chairperson, Health, Safety and Human Services Committee
IN RE: HEALTH AND HUMAN SERVICES, HOMELAND SECURITY DIVISION AND SHERIFF'S
OFFICE — CREATION OF INTELLIGENCE ANALYST POSITION FUNDED BY 2019 HOMELAND
SECURITY GRANT — GRANT AMENDMENT OVER 15%
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen.
WHEREAS the Oakland County Sheriff's Office and the Oakland County Board of Commissioners are
committed to protection of the privacy, civil rights and civil liberties of all residents, and
WHEREAS per Miscellaneous Resolution (M.R.) #20229, Oakland County accepted the 2019 FEMA
State Homeland Security Grant Program award in the amount of $551,927 for the period of September 1,
2019, through May 31, 2022; and
WHEREAS the Program provides funds to build capabilities to prevent, respond to, and recover from acts
of domestic and foreign terrorism, to address national priorities and target capabilities as they relate to
terrorism, and to support the implementation of the National Preparedness Goal, National Incident
Management System, and National Response Framework; and
WHEREAS the State of Michigan has designated Homeland Security Region 2 in the State which
includes, but is not limited to, the following: City of Detroit and the Counties of Macomb, Monroe,
Oakland, St. Clair, Washtenaw and Wayne; and
WHEREAS the Michigan State Police Homeland Security Division has charged the Regional Homeland
Security Planning Boards to identify and prioritize how regionally awarded grant funds will be used within
the regions; and
WHEREAS the Detroit & Southeast MI Information Center (DSEMIIC) is a regional intelligence fusion
center made up of local jurisdictions; and
WHEREAS the mission of the DSEMIIC is to identify, monitor, analyze and disseminate information using
an all terrorism, all crimes, all hazards, risks -based approach in support of law enforcement, public safety,
and the private sector's efforts to prevent, protect, and prepare for threats to Southeast Michigan; and
WHEREAS since 2012, each of the Region 2 communities had assigned an analyst to the fusion center
until 2020, when Washtenaw and St. Clair Counties elected to give these positions to Macomb & Oakland
Counties respectively; and
WHEREAS the Region 2 Board has assigned funds to operate six (6) Intelligence Analysts within Region
2; and
WHEREAS since 2012, the grant has funded one (1) Intelligence Analyst position in the Oakland County
Sheriff's Office assigned to the research, analysis, evaluation and correlation of high sensitivity
information at the DSEMIIC; and
WHEREAS the County has received a regional allocation of $240,000, with $40,000 in funding for the
Solution Area Planner (SAP) project, and funding of $200,000 for two (2) Intelligence Analyst positions;
and
WHEREAS the Sheriff's Office and Homeland Security are proposing the creation of one (1) full-time
eligible (FTE) Special Revenue (SR) Intelligence Analyst position to provide additional support.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners approves the 2019
Homeland Security Grant Program Interlocal Agreement amendment in the amount of $240,000 with no
local grant match, increasing the grant award amount to $791,927 for the period of September 1, 2019,
through May 21, 2022.
BE IT FURTHER RESOLVED one (1) SR funded FTE Intelligence Analyst position be created in the
Sheriff's Office, Emergency, Response and Preparedness Division, Administration Unit (4030501) to
support the DSEMIIC Fusion Center of Homeland Security of Region 2.
BE IT FURTHER RESOLVED that the Homeland Security Division will utilize a portion of the 2019 FEMA
State Homeland Security Grant Program award and subsequent authorized and accepted awards to fund
this position.
BE IT FURTHER RESOLVED that the Oakland County Board of Commissioners encourages the
Governor, as appropriate and in a manner consistent with state and federal law, to ensure that any
employee performing duties at the DSEMIIC that those employee(s) are performing their official duties in
compliance with the Privacy Policy established for the Michigan Intelligence Operations Center, a copy of
which is attached hereto and incorporated herein. The objective of this cause shall be to help ensure that
any DSEMIIC representative performs their duties in a manner that protects the privacy, civil rights and
civil liberties of Oakland County's residents.
BE IT FURTHER RESOLVED that continuation of this program, including this position, is contingent upon
continued grant funding.
BE IT FURTHER RESOLVED that the FY 2020 — FY 2022 Special Revenue budgets are amended as
follows:
DOMESTIC PREPAREDNESS EQUIPMENT GRANT FUND J#293401
GR0000000932 Budget Ref. 2019 Activity: GLB Analysis: GL
FY 2020 - FY 2022
Revenues
1060601-115125-610313
Federal Operating Grant
$ 40,000
4030501-110110-610313
Federal Operating Grant
200,000
Total Expenditures
240 000
Expenditures
1060601-115125-702010
Salaries Regular
$ 26,000
1060601-115125-722740
Fringe Benefits
14,000
4030501-110110-702010
Salaries Regular
130,000
4030501-110110-722740
Fringe Benefits
70,000
Total Expenditures
240 000
Chairperson on behalf of the Health, Safety and Human Services Committee, I move the adoption of the
foregoing resolution.
P'4Commission r Penny Luebs, District #16
Chairperso , Health, Safety and Human
Services Committee
HEALTH, SAFETY AND HUMAN SERVICES COMMITTEE VOTE;
Motion carried unanimously on a roll call vote with Kochenderfer absent.
GRANT REVIEW SIGN -OFF — Multi Department: Health & Human Services/Homeland
Security Division and Sheriff's Office
GRANT NAME: 2019 Homeland Security Grant Program (HSGP) Interlocal Agreement
FUNDING AGENCY: Macomb County as Fiduciary
DEPARTMENT CONTACT: Thomas Hardesty/(248) 452-9578
STATUS: Grant Amendment 41 (Greater than 15% Variance)
DATE: 09/02/20
Please be advised the captioned grant materials have completed internal grant review. Below are the returned comments.
The Board of Commissioners' liaison committee resolution and grant acceptance package (which should include this sign -
off and the grant agreement/contract with related documentation) may be requested to be placed on the agenda(s) of the
appropriate Board of Commissioners' committee(s) for grant acceptance by Board resolution.
Please Note: The attached Miscellaneous Resolution is subject to further revision once posted to the Board of
Commissioner's SharePoint site.
DEPARTMENT REVIEW
Management and Budget:
Approved by M & B. — Lynn Sonkiss (09/02/20)
Human Resources:
HR Approved — Needs HR Action — Creates New Position — Lori Taylor (09/02/20)
Risk Management:
Approved by Risk Management. — Robert Erlenbeck (09/03/20)
Corporation Counsel:
I reviewed the materials you submitted concerning the FYI Homeland Security Grant amendment to add an
additional position to the Sheriffs Office. There are no outstanding legal issues. — Joellen Shortley (09/02/20)
0
a H moi, EMERGENCY MANAGEMENT & COMMUNICATIONS
117 South Groesbeck Highway • Mount Clemens, Michigan 48043
Phone: 586.469.5270; Fax: 586.469.6439
�'_'410P www.oemc.macombgov.org
Mark A. Heckel
County Executive
MACOMB COUNTY Brandon Lewis, PEM
rA ®MhyWA®r~
L ®`I 1 ® 9wDirector
Communications & Technology
Center Lindsay Schwan
Program Manager
August 27, 2020
Thomas Hardesty, Manager
Oakland County Homeland Security Division
1200 N Telegraph Rd.
Bldg. 47W
Pontiac MI 48341
Dear Mr. Hardesty,
The Urban Area Security Initiative (UASI) Board has approved two 2019 UASI regional projects that
award funding to each of the seven jurisdictions. Oakland County was awarded $40,000 for the Solution
Area Planner (SAP) project and $200,000 to fund two intelligence analyst positions at the Detroit
Southeast Michigan Intelligence and Information Center (DSEMIIC).
These projects are reimbursed from the regional allocation through Macomb County as the fiduciary.
Sincerely,
Michael Curtis
Homeland Security Grant Manager
UD -040 (10/02)
MEMORANDUM
STATE OF MICHIGAN
DEPARTMENT OF STATE POLICE
DATE: August 3, 2015
TO: Michigan Intelligence Operations Center (MIOC) Staff
FROM: D/F/Lt. Brian Budde, Commander, MIOC
SUBJECT: Privacy Policy
MIOC PRIVACY POLICY
A. PURPOSE
The Michigan Department of State Police (MSP) has primary responsibility for the MIOC, for
the overall operation of the MIOC, its justice information systems, operations, information
collection, sharing, and retention procedures, coordination of personnel, and the enforcement
of the policies.
The purpose of the privacy, civil rights, and civil liberties policy is to promote MIOC and user
conduct that complies with the federal, state, local, and tribal laws and assists the MIOC and
its users in
Increasing public safety and improving national security; minimizing the threat and
risk of injury to individuals; minimizing the threat and risk of injury to law enforcement
and others responsible for public protection, safety, or health; minimizing the threat
and risk of damage to real or personal property; protecting individual privacy, civil
rights, civil liberties, and other protected interests; protecting the integrity of the
criminal investigatory, intelligence, and justice system processes and information;
minimizing reluctance of individuals or groups to use or cooperate with the criminal
justice system; supporting the role of the criminal justice system in society; promoting
governmental legitimacy and accountability; not unduly burdening the ongoing
business of the criminal justice system; and making the most effective use of public
resources allocated to public safety agencies.
B. Policy Applicability and Legal Compliance with Laws Regarding Privacy, Civil Rights,
and Civil Liberties
Executive Order 2012-5 Establishing the Michigan Intelligence Operations Center
for Homeland Security.
In support of this Executive Order the MIOC has adopted internal operating policies and procedures that
apply to all personnel, including participating agency personnel, personnel providing information
technology services to the agency, private contractors, agencies that originate information, and other
authorized users. The MIOC is in compliance with applicable laws protecting privacy, civil rights and civil
liberties, including, but not limited to:
U.S. Constitution, 1", 2"d 4m 5th 6th 8th and 14th Amendments
http://topics.law.cornell.edu/constitution
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Michigan Intelligence Operations Center (MIOC) Staff
Page 2
August 3, 2015
Michigan Constitution, Article I, Sections 1 through 23
http://www.leg islatu re. mi.gov/(S(vw4gq (55dlgeilygwpc3gs55))/m ileg.aspx?page=
g etO bj ect&o bj ect N am a=m cl-C o nstitutio n
Interstate Law Enforcement Intelligence Organizations Act, Public Act 201
of 1980, MCL 752.1 through 752.6
http://www.legislature. m i.gov/(S(mx52as55n nceadn ubsd2rxup))/mileg.aspx?page
=getObject&objectName=mcl-Act-201-of-1980&high light=752.1
C.J.I.S. Policy Council Act, Public Act 163 of 1974, MCL 28.211 through
28.216
http://Iegislature.mi.gov/doc.aspx?rncl-act-163-of-1 974
Social Security Number Privacy Act, Public Act 454 of 2004, MCL 445.81
through 445.87
http://www.legislatu re. m i. gov/(S(nma4cg r5wg rixOg4tpue24rg))/m ileg.aspx?page=
getobject&objectname=mcl-Act-454-of-2004&q uery=on&h ighlight=445.81
Bureau of Justice Assistance — Criminal Intelligence Systems Operating
Policies (28 CFR Part 23)
http.//www. iir.com/28cfr/guidel inel . htm
• Protected Critical Infrastructure Information (PCII), 6 CFR Part 29
http,J/Iaw.justia.com/us/cfr/tjtleO6J6-1.0.1.1.9.htm)
PCIIMS Training Link: https://pciims.dhs,gov/pciims/index.aspx
• National Security Classified Documents Executive Order No 13526,
December 29, 2009
http://www.wh itehouse.gov/the-press-office/executive-order-classified-national-
secu rity-i nfo rm atio n
National Crime Prevention and Privacy Compact, 42 U.S.C. § 14616
http:/Ilaw.justia.com/us/codes/title42/42uscl4616.html
Privacy Act of 1974, 5 U.S.C. § 552a
http://www.justice-gov/opcl/privstat.htm
C. GOVERNANCE and OVERSIGHT
Primary responsibility for the operation of the MIOC, its systems, operations, and
coordination of personnel; the receiving, seeking, retention, evaluation, information quality,
analysis destruction, sharing, or disclosure of the information; and the enforcement of this
policy is assigned to the Commander /Director of MIOC within the MSP. The MIOC is guided
by an agency -designated privacy committee that is available to interact with community
privacy advocacy groups to ensure that privacy and civil rights are protected within the
provisions of this policy and within the MIOC's information collection, retention, and
dissemination processes and procedures.
The MIOC privacy committee is led by a trained privacy officer who is appointed by the
commander/director of the MIOC. The MIOC Privacy Officer receives reports regarding
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Page 3
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alleged errors and violations of the provision of this policy, receives and coordinates
complaint resolution under the MIOC's redress policy and is the liaison to the Information
Sharing Environment (ISE), ensuring that privacy protections are implemented through efforts
such as training, business process changes, and system designs that incorporate privacy
enhancing technologies. The MIOC's Privacy Officer, working through the Commander
ensures that enforcement procedures and sanctions outlined in Section N.3, Enforcement,
are adequate and enforced.
The contact information for the MIOC Privacy Officer is as follows:
MIOC Privacy Officer
Michigan State Police
333 S. Grand Avenue
P.O. Box 30634
Lansing, MI 48909-0634
Email: MSP-MIOC-PrivacvOfficer(cr..michiaan.aov
D. DEFINITIONS
Refer to Appendix A, Terms and Definitions.
E. INFORMATION
The MIOC will seek or retain information that is based on criminal predicate or possible threat
to public safety; or is based on reasonable suspicion that an identifiable individual or
organization has committed a criminal offense or is involved in or planning criminal (including
terrorist) conduct or activity that presents a threat to any individual, the community, or the
nation and that the information is relevant to the criminal (including terrorist) conduct or
activity; or is relevant to the investigation and prosecution of suspected criminal (including
terrorist) incidents; the resulting criminal justice system response; the enforcement of
sanctions, orders, or sentences; or the prevention of crime; or, is useful in crime analysis or
in the administration of criminal justice and public safety (including topical searches); and the
source of the information is reliable and verifiable or limitations on the quality of the
information are identified, and was collected lawfully.
The MIOC may retain information that is based on a level of suspicion that is less than
reasonable suspicion such as tips and leads or official documentation of observed behavior
reasonably indicative of preoperational planning or activity related to terrorism or other
criminal activity (suspicious activity reporting (SAR)).
The MIOC will not seek or retain, and information -originating agencies will agree not to
submit, information about individuals or organizations solely on the basis of their religious,
political, or social views or activities; their participation in a particular non -criminal
organization or lawful event; or their race, ethnicity, citizenship, place of origin, age,
disabilities, gender, or sexual orientation.
The MIOC will ensure standardized labeling is applied to center and agency -originated
information (or will ensure that the originating agency has applied labels) to indicate to the
accessing authorized user that:
The information pertains to all individuals and organizations (as expressly
provided herein).
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The information is subject to Michigan and Federal laws restricting access, use,
or disclosure.
The MIOC personnel will, upon receipt of information, assess the information to determine or
review its nature, usability, and quality. Personnel will assign categories to the information
(or ensure that the originating agency assigns categories to the information) to reflect the
assessment, such as:
Whether the information consists of tips and leads data, suspicious activity
reports, criminal history or intelligence information, case records, conditions of
supervision, or case progress, etc.
The nature of the source as it affects veracity (e.g. anonymous tip, trained
interviewer or investigator, public record, private sector).
The reliability of the source (e.g. confirmed, probable, doubtful, cannot be
judged).
The validity of the content (e.g. confirmed, probable, doubtful, cannot be judged)
At the time the decision is made to retain information, it will be labeled (by record, data set, or
system of records), to the maximum extent feasible, pursuant to applicable limitations on
access and sensitivity of disclosure to:
Protect confidential sources and police undercover techniques and methods
Does not interfere with or compromise pending criminal investigations.
Protect individual's right of privacy, civil rights, and civil liberties.
Provide legally required protection based on the individual's status as a child,
sexual abuse victim, crime victim, resident of a substance abuse treatment
program, resident of a mental health treatment program, or resident of a
domestic abuse shelter.
Existing information will be re-evaluated whenever:
New information is added that has an impact on access limitations or the
sensitivity of disclosure of the information; required by statue or MIOC
policy; or there is a change in the use of the information affecting access or
disclosure limitations; for example, the information becomes part of court
proceedings for which there are different public access laws.
MIOC personnel are required to adhere to the following practices and procedures for the
receipt, collection, assessment, storage, access, dissemination, retention, and security of
tips, leads, and SAR information.
The nature of the information may indicate an imminent or developing threat to the safety of
persons and property and may require immediate dissemination without the opportunity to
assess or validate this information. Information released under these circumstances must be
identified as being based on initial reporting or developing information.
Except as provided in the above paragraph, MIOC personnel will:
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prior to allowing access to or dissemination of the information, ensure that
attempts to validate or refute the information have taken place and that the
information has been assessed for sensitivity and confidence by subjecting it to
an evaluation or screening process to determine its credibility and value and
categorize the information as unsubstantiated or uncorroborated if attempts to
validate or determine the reliability of the information have been unsuccessful;
use a standard reporting format and data collection codes for SAR information;
store the information using the same storage method used for data that rises to
the level of reasonable suspicion and includes an audit and inspection process,
supporting documentation, and labeling of the data to delineate it from other
information;
• allow access to or disseminate the information using the same (or a more
restrictive) access or dissemination standard that is used for data that rises to the
level of reasonable suspicion (for example, "need -to -know" and "right -to -know"
access or dissemination for personally identifiable information);
• regularly provide access to or disseminate the information in response to an
inter -agency inquiry for law enforcement, homeland security, public safety and
analytical purposes, or provide an assessment of the information to any agency,
entity, individual, or the public when credible information indicates potential
imminent danger to life or property;
• retain information for 90 days in order to work an un -validated tip, lead, or SAR
information to determine its credibility and value, assign a "disposition" label (i.e.,
undetermined, unresolved, cleared or unfounded, or under active investigation)
so that a subsequent authorized user knows that status and purpose for the
retention and will retain the information based on the retention period associated
with the disposition label; and
adhere to and follow the MIOC's physical, administrative, and technical security
measures that are in place for the protection and security of tips and leads
information. Tips, leads, and SAR information will be secured in a system that is
the same or similar to the system that secures data that rises to the level of
reasonable suspicion.
The MIOC incorporates the gathering, processing, reporting, analyzing, and sharing of
terrorism -related suspicious activities and incidents (SAR process) into existing processes
and systems used to manage other crime -related information and criminal intelligence, thus
leveraging existing policies and protocols utilized to protect the information, as well as
constitutional rights, including personal privacy and other civil liberties and civil rights.
The MIOC will identify and review protected information that is originated by the MIOC prior
to sharing that information through the ISE. Further, the MIOC will provide notice
mechanisms including, but not limited to, metadata or data field labels that will enable ISE
authorized users to determine the nature of the protected information and how to handle the
information in accordance with applicable legal requirements. The MIOC requires certain,
basic descriptive information to be entered and electronically associated with the data (or
content) for which there are special laws, rules, or policies regarding access, use, and
disclosure. The types of information should include:
The name of the originating department, component, and subcomponent.
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The name of the agency's justice information system from which the information
is disseminated.
The date the information was collected and, where feasible, the date its accuracy
was last verified.
The title and contact information for the person to whom questions regarding the
information should be directed.
The MICC will attach (or ensure that the originating agency has attached) specific labels and
descriptive metadata (Which is information about the information- origins, nature, validity and
such See App A) to information that will be used, accessed, or disseminated, to clearly
indicate any legal restrictions on information sharing based on information sensitivity or
classification. The MIOC will keep a record of the source of all information retained by the
agency.
Acquiring and Receiving Information
Information gathering (acquisition and access) and investigative techniques used by the
MIOC and information -originating agencies are in compliance with and will adhere to
applicable regulations and guidelines, including, but not limited to:
28 CFR Part 23 regarding criminal intelligence information;
Organization for Economic Co-operation and Development's (OECD) Fair
Information Practices (under certain circumstances, there may be exceptions to
the Fair Information Practices, based, for example, on authorities paralleling
those provided in the Federal Privacy Act; state, local, and tribal laws; or MIOC
policy);
applicable criminal intelligence information guidelines established under the U.S.
Department of Justice's (DOJ) National Criminal Intelligence Sharing Plan
(NCISP); and
applicable constitutional provisions as described in Section B of this policy and
the applicable administrative rules as well as any other regulations that apply to
multi -jurisdictional criminal intelligence information databases.
The MIOC's SAR process provides for human review and vetting to ensure that information is
both gathered legally and, where applicable, determined to have a potential terrorism or
criminal nexus. Law enforcement officers and MIOC staff will be trained to recognize those
actions and incidents that are indicative of criminal activity related to terrorism. The MIOC's
SAR process includes safeguards to ensure, to the greatest degree possible, that only
information regarding individuals involved in activities that have been determined to be
consistent with criminal activities associated with terrorism will be documented and shared
through the ISE. These safeguards are intended to ensure that information that could violate
civil rights and civil liberties will not be intentionally or inadvertently gathered, documented,
processed, or shared.
Information gathering and investigative techniques used by the MIOC shall be the least
intrusive means necessary in the particular circumstances to gather information it is
authorized to seek or retain. External agencies that access and share information with the
MIOC are governed by the laws and rules governing those individual agencies, as well as by
applicable federal and state laws. The MIOC will contract only with commercial database
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entities that provide an assurance that their methods for gathering personally identifiable
information comply with applicable local, state, tribal, territorial, and federal laws, statutes,
and regulations and that these methods are not based on misleading information collection
practices.
The MIOC will not directly or indirectly receive, seek, accept, or retain information from an
individual or information provider that is legally prohibited from obtaining or disclosing the
information. The MIOC may receive information from an individual or nongovernmental entity
that may receive a fee or benefit for providing the information as provided by law, MIOC and
MSP policy.
G. INFORMATION QUALITY ASSURANCE
The MIOC will make every reasonable effort to ensure that information sought or retained is
derived from dependable and trustworthy sources of information, accurate; current; complete,
including the relevant context in which it was sought or received and other related
information; and merged with other information about the same individual or organization only
when the applicable standard has been met. At the time of retention in the system, the
information will be labeled regarding this level of quality (accurate, complete, current,
verifiable and reliable). The MIOC investigates, in a timely manner, alleged errors and
deficiencies (or refers them to the originating agency) and corrects, deletes, or refrains from
using protected information found to be erroneous or deficient.
The labeling of retained information will be re-evaluated when new information is gathered
that has impact on the confidence (validity and reliability) in previously retained information.
The MIOC will conduct periodic data quality reviews of information it originates and will make
every reasonable effort to ensure that information will be corrected, deleted from the system,
or not used when the agency (MIOC) learns that the information is erroneous, misleading,
obsolete, or otherwise unreliable; the source of the information did not have authority to
gather the information or to provide the information to the agency; or the source used
prohibited means to gather the information, except when the source did not act as an agent
to a bona fide law enforcement officer. Originating agencies external to the MIOC are
responsible for the quality and accuracy of the data accessed by or provided to the MIOC.
The MIOC will advise the appropriate contact person in the originating agency, in writing, if
its data is alleged, suspected, or found to be inaccurate, incomplete, out of date, or
unverifiable.
The MIOC will use written or documented electronic notification to inform recipient agencies
when information previously provided to the recipient agency is deleted or changed by the
MIOC (i.e., when information is determined to be erroneous, includes incorrectly merged
information, is out of date, cannot be verified, or lacks adequate context such that the rights
of the individual may be affected).
H. COLLATION and ANALYSIS
Information acquired or received by the MIOC (as identified in Section E) or accessed from
other sources will be analyzed only by qualified individuals who have successfully completed
a background check and appropriate security clearance, if applicable, and have been
selected, approved, and trained accordingly. Information acquired or received by the MIOC
or accessed from other sources is analyzed according to priorities and needs, and will be
analyzed only to:
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further crime prevention (including terrorism), enforcement, force deployment, or
prosecution objectives and priorities established by the MIOC, and
provide tactical and/or strategic intelligence on the existence, identification, and
capability of individuals and organizations suspected of having engaged in or are
engaging in criminal activities (including terrorism).
MERGING RECORDS
The set of identifying information sufficient to allow merging will utilize reasonable steps to
identify the subject and may include the name (full or partial) and, in most cases, one or more
of the following: date of birth; law enforcement or corrections system identification number;
individual identifiers, such as fingerprints, photographs, physical description, height, weight,
eye or hair color, race, ethnicity, tattoos, or scars; social security number; driver's license
number, or other biometrics, such as DNA, retinal scan, or facial recognition. The identifiers
or characteristics that, when combined, could clearly establish that the information from
multiple records is about the same organization may include the name, federal or state tax ID
number, office address, and telephone number.
If the matching requirements are not fully met but there is an identified partial match, the
information may be associated if accompanied by a clear statement that it has not been
adequately established that the information related to the same individual or organization.
SHARING and DISCLOSURE
Credentialed, role -based access criteria will be used by the MIOC, as appropriate, to control:
the information to which a particular group or class of users can have access
based on the group or class;
the information a class of users can add, change, delete, or print; and
to whom, individually, the information can be disclosed and under what
circumstances.
The MIOC adheres to national standards for the ISE-SAR process, including the use of a
standard reporting format and commonly accepted data collection codes and a sharing
process that complies with the ISE-SAR Functional Standard for SAR potentially related to
terrorism.
Access to or disclosure of records retained by the MIOC will be provided to persons within
the center or in other governmental agencies for legitimate law enforcement, public
protection, public prosecution, public health, or criminal justice purposes, and in accordance
with law and procedures applicable to the agency for which the person is employed. An
electronic, data based audit trail sufficient to allow the identification of each individual who
accessed information retained by the MIOC will be kept by the MIOC. The MIOC Security
officer will maintain records of MIOC visitors who access information as part of their
authorized visits.
Agencies external to the MIOC may not disseminate information accessed, received, or
disseminated from the center without documented approval from the center or other
originator of the information. MIOC products include an advisory statement informing
external agencies of this proviso.
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Information gathered and records retained by the MIOC may be accessed or disseminated
for specific purposes upon request by persons authorized by law to have such access and
only for those users and purposes specified in the law. An audit trail SHALL be kept for a
minimum of five (5) years of requests for access to information for specific purposes including
what information is disseminated to each person in response to the request.
Information gathered and records retained by the MIOC may be accessed or disclosed to
members of the public only if the information is defined by law to be a public record or
otherwise appropriate for release to further the agency's mission and is not exempt from
disclosure by law. Such information may be disclosed only in accordance with the law and
procedures applicable to the MIOC for the type of information involved, or when there is a
legitimate need. An audit trail SHALL be kept by the MIOC Privacy Officer of all requests
including what information is disclosed to a member of the public.
Information gathered and records retained by the MIOC SHALL NOT be:
sold, published, exchanged, accessed or disclosed for commercial or personal
purposes;
disclosed or published without prior notice to the originating agency that such
information is subject to re -disclosure or publication, unless disclosure is agreed
to as part of the normal operations of the agency; or
disseminated to persons or agencies not authorized to access or use the
information.
There are several categories of records that will not ordinarily be provided to the public and
are exempt from disclosure requirements including the following.
Records required to be kept confidential by law MCL 15.243 (13) (d)
Investigatory records of law enforcement agencies. However, certain records
must be made available for inspection and copying under Michigan Law, i.e.,
Michigan Compiled Laws (MCL) 15.231, et seq. commonly referred to as
"Freedom of Information Act (FOIA)", Public Act 442 of 1976, as amended.
These Freedom of Information (FOI) requests will be addressed with coordination
between the MIOC Privacy Officer and the Michigan State Police, Reporting and
Analysis Division, Freedom of Information Unit.
A record or part of a record the public disclosure of which would have a
reasonable likelihood of threatening public safety by exposing a vulnerability to
terrorist attack is exempt from disclosure under MCL 15.231 at seq. These FOI
requests will be addressed with coordination between the MIOC Privacy Officer
and the Michigan State Police, Reporting and Analysis Division, Freedom of
Information Unit. This includes a record assembled, prepared, or maintained to
prevent, mitigate, or respond to an act of terrorism, an act of agricultural
terrorism, vulnerability assessments, risk planning documents, needs
assessments, and threat assessments.
Protected federal, state, local, or tribal records, which may include records
originated and controlled by another agency that cannot be shared without
permission MCL 15.243 (13) (d).
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The MIOC shall not confirm the existence or non-existence of information to any person or
agency that would not be eligible to receive the information itself except as otherwise
required by law
K. REDRESS
K.1. Disclosure
Upon satisfactory verification (fingerprints, driver's license, or other specified
identifying documentation) of his or her identity and subject to the conditions
specified in K.2 (below), an individual is entitled to know the existence of, and
review the information about, him or her that has been gathered and retained by
the MIOC. The individual may obtain a copy of the information for the purpose of
challenging the accuracy or completeness of the information. The MIOC's
response to the request for information will be made within a reasonable time
and in a form that is readily intelligible to the individual. A record will be kept of all
requests and including what information is disclosed to an individual.
The existence, content, investigative methods, and source of the information will
NOT be made available to an individual when:
disclosure would interfere with, compromise, or delay an ongoing
investigation or prosecution (MCL 15.243(1)(b);
disclosure would endanger the health or safety of an individual,
organization, or community; (MCL 15.243, sec 13);
the information is in a criminal intelligence system; (MCL 15.243
sec 13 (d));
the information source does not reside within the MIOC (when
information is not disclosed because it did not originate within the
MIOC, the request will be referred to the originating agency, if
appropriate) (Michigan Freedom of Information Act, Act 442 of
1976);
the MIOC did not originate or does not have a right to disclose
the information; (Michigan Freedom of Information Act, Act 442
of 1976);
• other authorized basis for denial under MCL 15.243; or
disclosure would violate state or federal law or regulation.
K.2. Complaints and Corrections
If an individual objects to the accuracy or completeness of information about him
or her originating with the agency that has been disclosed, the MIOC will inform
the individual of the procedure for requesting corrections.
If an individual has a complaint with regard to the accuracy or completeness of
terrorism related protected information that
(a) is exempt from disclosure,
(b) has been or may be shared through the ISE,
(1) is held by the MIOC and
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(2) allegedly has resulted in demonstrable harm to the
complainant.
The individual shall be informed of the procedure for submitting (if needed) and
resolving such complaints. Complaints will be received by the MIOC's Privacy
Officer. Please refer to Section C of this policy for the Privacy Officer's contact
information.
The Privacy Officer or MIOC Commander will acknowledge the complaint and
state that it will be reviewed but will not confirm the existence or nonexistence of
the information to the complainant unless otherwise required by law. If the
information did not originate within the MIOC, the Privacy Officer or MIOC
Commander will notify the originating agency in writing or electronically within 10
days and, upon request, assist such agency to correct any identified data or
record deficiencies, purge the information, or verify that the record is accurate.
All information held by the MIOC that is the subject of a complaint will be
reviewed within 30 days and confirmed, corrected, or purged if determined to be
inaccurate or incomplete, including incorrectly merged information or information
that is out of date. If there is no resolution within 30 days, the MIOC will not
share the information until such time as the complaint has been resolved. A
record will be kept by the MIOC Privacy Officer of all complaints and the resulting
action taken in response to the complaint.
To delineate protected information shared through the ISE from other data, the
MIOC maintains records of the source or originating agencies to which the MIOC
has access, as well as audit logs, and employs system mechanisms whereby the
source (or originating agency, including source or originating agencies) is
identified within the information.
The individual to whom information has been disclosed will be given reasons if
requests for correction(s) are denied by the MIOC. The individual will also be
informed of the procedure for appeal when the MIOC has declined to correct the
challenged information to the satisfaction of the individual to whom the
information relates.
MIOC personnel will not investigate a request for correction or any complaint
made by any person other than the subject of the record or alleged record in
question.
K.3 Appeal
Upon notice of denial of a request for the release of information or complaint
made under section K or subsection K.2 of this policy, the requester may file a
request for information under the Michigan Freedom of Information Act, Public
Act, 442 of 1976. If the Freedom of Information request is denied, the requester
shall follow the process for appealing this decision as required by MCL 15.240.
L. SECURITY SAFEGUARDS
The MIOC Director will designate an individual who will be properly trained and will serve as
the MIOC's Security Officer.
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The MIOC will operate in a secure facility protected from external intrusion. The MIOC will
utilize secure internal and external safeguards against network intrusions. Access to MIOC
databases from outside the facility will be allowed only over secure networks.
The MIOC will secure tips, leads, and SAR information in a separate repository system with
security that is the same as, or similar to, the system that secures data rising to the level of
reasonable suspicion. In order to prevent disclosure to the public, risk and vulnerability
assessments shall not be stored with publicly available data. The MIOC will store information
in a manner such that it cannot be added to, modified, accessed, destroyed, or purged except
by personnel authorized to take such action.
Access to MIOC information will be granted only to MIOC personnel whose positions and job
duties require such access; who have successfully completed a background check and
appropriate security clearance, if applicable; and who have been selected, approved, and
trained accordingly.
Queries made to the MIOC data applications will be logged into the data system identifying
the user initiating the query. The MIOC will utilize watch logs to maintain audit trails of
requested and disseminated information.
The MIOC will notify an individual whose personal information or sensitive personally
identifiable information was or is reasonably believed to have been breached or obtained by
an unauthorized person and access to which threatens physical, reputation, or financial harm
to the person. The notice will be made promptly and without unreasonable delay following
discovery or notification of the access to the information, consistent with the legitimate needs
of law enforcement to investigate the release or any measures necessary to determine the
scope of the release of information and, if necessary, to reasonably restore the integrity of
any information system affected by this release, or the MIOC will follow the guidance set forth
in the Identity Theft Protection Act, MCL 445.63, et seq.
M. INFORMATION RETENTION and DESTRUCTION
All applicable criminal intelligence information will be reviewed for record retention (validate
or purge) at least every five (5) years, as provided by 28 CFR Part 23.
SAR data will be maintained and purged as provided by this policy, MIOC retention policy, or
as required by law.
The MIOC will delete information or return it to the originating agency, or both, once the
retention period has expired as provided by this policy or as otherwise agreed upon with the
originating agency in a participation or membership agreement.
When information has no further value or meets the criteria for removal according to the
MIOC's retention and destruction policy or according to applicable law, it will be purged,
destroyed, deleted or returned to the submitting (originating) agency.
The procedure contained in the MIOC Policy and Procedures Manual will be followed for
notification to appropriate parties including the originating agency, before information is
deleted or returned in accordance with this policy or as otherwise agreed upon with the
originating agency in participation or membership agreement.. The notification of proposed
destruction or return of records may be provided to the source agency, depending on the
relevance of the information and any agreement with the providing agency. A record of
information to be reviewed for retention will be maintained by the MIOC, and, for appropriate
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systems, notice will be given to the submitter at least 30 days prior to the required review and
validation or purge date.
N. ACCOUNTABILITY and ENFORCEMENT
NA. Information System Transparency
The MIOC will be open with the public in regard to information and intelligence
collection practices. The MIOC's privacy policy will be provided to the public for
review, made available upon request, and posted on the MIOC's Web site at
htti)://www.michician.aov/mioc
The MIOC's Privacy Officer will be responsible for receiving and responding to
inquiries and complaints about privacy, civil rights, and civil liberties protections
in the information systems maintained or accessed by the 11410C. Please refer to
Section C of this policy for the Privacy Officer's contact information.
N.2. Accountability
The audit log of queries made to the MIOC's Criminal Intelligence Information
System will identify the user initiating the query. The MIOC will maintain an audit
trail of accessed, requested, or disseminated information. An audit trail will be
kept for a minimum of five (5) years of requests for access to information for
specific purposes and what information is disseminated to each person in
response to the request.
The MIOC will adopt and follow procedures and practices by which it can ensure
and evaluate the compliance of users with provisions of this policy and applicable
law. This will include logging access of these systems and periodic auditing of
these systems so as to not establish a pattern of the audits. These audits will be
mandated at least quarterly, and a record of the audits will be maintained by the
Director of the MIOC.
The MIOC will annually conduct an audit and inspection of the information
contained in its criminal intelligence system. The audit will be conducted by an
independent entity designated by the Director of the MSP. This independent
entity has the option of conducting a random audit, without announcement, at
any time and without prior notice to the MIOC. This audit will be conducted in
such a manner as to protect the confidentiality, sensitivity, and privacy or the
MIOC's criminal intelligence system.
The MIOC's privacy committee, guided by an appointed and trained Privacy
Officer, will review and update the provisions protecting privacy, civil rights, and
civil liberties contained within this policy annually and will make appropriate
changes in response to changes in applicable law, technology, the purpose and
use of the information systems, and public expectations.
The MIOC's personnel or other authorized users shall report violations or
suspected violations of MIOC policies relating to protected information to the
MIOC's Privacy Officer.
N.3 Enforcement
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If MIOC personnel, a participating agency, or any authorized user is found to be
in noncompliance with the provisions of this policy regarding the collection, use,
retention, destruction, sharing, classification, access or disclosure of information,
the Director or the MIOC will:
• suspend or discontinue access to information by the user;
suspend, demote, transfer, or terminate the person, as permitted
by applicable personnel policies;
apply administrative actions or sanctions as provided by MSP
rules and regulations or as provided in MIOC personnel policies;
if the user is from an agency external to the MSP, request that
the relevant agency, organization, contractor, or service provider
employing the user initiate proceedings to discipline the user or
enforce the policy's provisions;
• refer the matter to appropriate authorities for criminal
prosecution, as necessary, to effectuate the purposes of the
policy; or
• brief the MIOC Advisory Board of any violations of this policy and
actions taken.
The MIOC reserves the right to restrict the qualifications and number of
personnel having access to MIOC information and to deny access to any
participating agency or individual user who fails to comply with the applicable
restrictions and limitations of the MIOC's privacy policy.
O. TRAINING
The MIOC will require all of the following individuals to participate in training programs
regarding implementation of, and adherence to, the privacy, civil rights, and civil liberties
policy:
all assigned personnel of the MIOC;
• personnel providing information technology services to the MIOC;
• staff in other public agencies or private contractors providing services to the
agency; and
• users who are not employed by the MSP or a contractor.
The MIOC will provide special training to personnel authorized to share protected information
through the ISE regarding the MIOC's requirements and policies for collection, use, access,
and disclosure of protected information.
The MIOC's privacy policy training program will cover
• purposes of the privacy, civil rights, and civil liberties protection policy;
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• substance and intent of the provision of the policy relating to the collection, use,
analysis, retention, destruction, sharing, and disclosure of information retained by
the MIOC;
how to implement the policy in the day-to-day work of the user, whether a paper
or systems user;
the impact of improper activities associated with the infractions within or through
the agency;
• mechanisms for reporting violations of MIOC privacy -protection policies; and
the nature and possible penalties for policy violations including, but not limited to,
possible transfer, dismissal, criminal liability, and immunity, if any.
• originating and participating agency responsibilities and obligations under
applicable law and policy.
Training programs developed or provided by the MIOC will be submitted to the MIOC
Advisory Board for review upon request.
P. POLICY ENFORCEMENT
Any individual who is deemed in violation of this policy may be subject to documentation in their
annual
performance appraisal &/or disciplinary action in accordance with civil service and department
rules.
Q. REVISION RESPONSIBILITY
The responsibility for revision of this policy lies with the Section Manager, MIOC Training and
Development Unit with the approval of the MIOC Commander.
APPLICABILITY
This policy applies to ALL MIOC personnel and partners
This policy is incorporated into the MIOC's standard operating procedures and complies with the State of
Michigan's Information Sharing Environment Base Policy and Procedures, and the MIOC Intrastate
Coordination Plan. It is the MIOC Commander's responsibility to ensure compliance with this policy and
procedure(s). This plan was created on 10/13/2011 and is updated on an "as needed basis' and is
audited annually on the creation anniversary date. All changes are reflected in the REVISION section of
this policy.
POLICY ENFORCEMENT
Any individual who is deemed in violation of this policy may be subject to documentation in their annual
performance appraisal and/or disciplinary action in accordance with Civil Service and department rules.
REVISION RESPONSIBILITY
The responsibility for revision of this policy lies with the MIOC Training and Development Unit Policy
Officer and approved by the MIOC Commander.
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Appendix A to MIOC Privacy Policy
TERMS and DEFINITIONS
Actionable Information:
Information that results in an intelligence analytical product or dissemination based on immediate action
(where there is imminent danger); or action where there is need for follow-up but is non -imminent or is
for informational purposes only.
Analysis:
That activity whereby meaning, actual or suggested, is derived through organizing and systematically
examining diverse information and applying inductive or deductive logic for the purposes of criminal
investigation or assessment. (Source: Baseline Capabilities for State and Major Urban Area Fusion
Centers --Sep. 2008)
Baseline Capability:
A capability provides the means to accomplish a mission or function resulting from the performance of
one or more critical tasks, under specified conditions, to target levels of performance. A capability may be
delivered with any combination of properly planned, organized, equipped, trained, and exercised
personnel that achieves the desired outcome. (Source: National Preparedness Guidelines, pg. 40) Within
the context of this document, Baseline capabilities for Fusion Centers is a capability necessary for the
fusion center to perform its core functions of gathering, processing, analyzing, and disseminating
terrorism, homeland security, and law enforcement information. (Source: Baseline Capabilities for State
and Major Urban Area Fusion Centers -Sep. 2008)
Baseline Capabilities Assessment:
A formal nationwide assessment of Fusion Centers- baseline capabilities in order to better understand the
strength and maturity of the National Network of Fusion Centers. The 2010 inaugural assessment was
conducted by the Program Manager for the Information Sharing Environment, in coordination with Fusion
Center Directors, the Department of Homeland Security, the Federal Bureau of Investigation, and other
federal interagency partners.
Classified Informationlintelligence:
A uniform system for classifying, safeguarding, and declassifying national security information, including
information relating to defense against transnational terrorism, to ensure that certain information is
maintained in confidence in order to protect citizens, U.S. democratic institutions, U.S. homeland security,
and U.S. interactions with foreign nations and entities. (Source: Baseline Capabilities for State and Major
Urban Area fusion centers)
Critical Operational Capability (COC) Gap Mitigation Maturity Model:
The scale against which fusion center's progress toward the achievement of the COC is being assessed
as part of the Baseline Capabilities Assessment. The three levels include:
1. Defined and Above: The fusion center has documented plans, policies, and processes in place to
achieve the COC
2. Below Defined/Refinement: The fusion center has processes in place, but need additional
resources to help document their processes; and
3. Below Defined/Fundamentals: The fusion center needs resources to help develop and document
plans, policies, and processes.
Confidentiality Agreement:
A written agreement between the fusion center and the recipient of information produced by that fusion
center, for appropriate confidentiality of the information shared.
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Critical Operational Capability (COC):
During the 2010 National Fusion Center Conference, Fusion Center partners distilled the Baseline
Capabilities for State and Major Urban Area Fusion Centers into eight key priority areas for Fusion
Centers: four COCs and four enabling capabilities. Maturing the CDCs is essential to building an
integrated National Network of Fusion Centers The four COCs include:
1. Receive: Ability to receive classified and unclassified information from federal partners
2. Analyze: Ability to assess the local implications of threat information through the use of a formal
risk assessment process
3. Disseminate: Ability to further disseminate threat information to other state, local, tribal, and
territorial and private sector entities within the MIOC's jurisdiction; and
4. Gather. Ability to gather locally -generated information, aggregate it, analyze it, and share it with
federal partners, as appropriate.
Federally -Generated Information:
Time -sensitive threat information that may take the form of alerts, warnings, notifications, or other
products that should be accessed, reviewed, and appropriately disseminated in a timely manner.
For Official Use Only (FOUO):
A term used to identify unclassified information of a sensitive nature, not otherwise categorized by statue
or regulation, the unauthorized disclosure of which could adversely impact a person's privacy or welfare,
the conduct of federal programs, or other programs or operations essential to the national interest. FOUO
is not to be considered classified information. FOUO material should be stored in a closed container when
not in use and disposed of by shredding or burning when no longer useful. Disseminated FOLIO material
must include proper handling instructions.
Fusion Process:
The overarching process of managing the flow of information and intelligence across levels and sectors of
government and private industry. It goes beyond establishing an information/intelligence center or
creating a computer network. The Fusion Process supports the implementation of risk-based, information -
driven prevention, response, and consequence management programs. The Fusion Process turns
information and intelligence into actionable knowledge. (Source: Fusion Center Guidelines, August 2006)
Fusion Process Capabilities:
The Fusion Process Capabilities identify those capabilities and standards necessary to perform the steps
of the Intelligence Process within a fusion center including the gathering, analysis, and dissemination of
information and intelligence. Though the steps and actions of the Fusion Process do not comprehensively
mirror the steps of the Intelligence Process, the Intelligence Process provides the foundation to carry out
the Fusion Process and assist in the identification of the capabilities needed to successfully complete the
Fusion Process. (Source: Baseline Capabilities for State and Major Urban Area fusion centers- Sep.
2008)
Homeland Security — State and Local Intelligence Communities of Interest (HS—SLIC):
A secure information network platform that supports the sharing of non -classified information between
fusion centers and the Federal Government.
Information:
Pieces of raw, unanalyzed data that identify persons, evidence, or events or illustrate processes that
indicate the incidence of a criminal event or witnesses or evidence of a criminal event. (Source: Baseline
Capabilities for State and Major Urban Area fusion center's Sep. 2008)
Information Sharing Environment (ISE):
A trusted partnership among all levels of government, the private sector, and foreign partners to detect,
prevent, preempt, and mitigate the effects of terrorism against territory, people, and interests of the United
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States of America. This partnership enables the trusted, secure, and appropriate exchange of terrorism
information, in the first instance, across the five federal communities; to and from state, local, and tribal
governments, foreign allies, and the private sector; and at all levels of security classifications. (Source:
Baseline Capabilities for State and Major Urban Area fusion centers, Sep. 2008)
Intelligence (Criminal):
The product of the analysis of raw information related to crimes or crime patterns with respect to an
identifiable person or group of persons in an effort to anticipate, prevent, or monitor possible criminal
activity (or investigate or prosecute). (Source: Baseline Capabilities for State and Major Urban Area fusion
centers- Sep. 2008)
Intelligence Analyst:
A professional position in which the incumbent is responsible for taking the varied facts, documentation of
circumstances, evidence, interviews, and any other material related to a crime and organizing them into a
logical and related framework for the purposes of developing a criminal case, explaining a criminal
phenomenon, describing crime and crime trends, and/or preparing materials for court and prosecution, or
arriving at an assessment of a crime problem or crime group. (Source. Baseline Capabilities for State and
Major Urban Area Fusion Centers -Sep. 2008)
Intelligence Community:
Agencies of the U.S. Government identified by statute and Executive Order, including intelligence
elements of the U.S. Department of Defense, that have the responsibility to conduct intelligence activities
necessary for the conduct of foreign relations and the protection of the national and homeland security of
the United States. These activities include, in part, the collection of information and the production and
dissemination of intelligence. (50 U.S.C. § 401a; Section 3 of the National Security Act of 1947, as
amended).
Intelligence Products:
Reports or documents that contain assessments, forecasts, associations, links, and other outputs from
the analytic process that may be disseminated for use by law enforcement agencies for the prevention of
crimes, target hardening, apprehension of offenders, and prosecution. (Source: Baseline Capabilities for
State and Major Urban Area Fusion Centers- Sep. 2008)
ISE Shared Spaces Concept or Shared Spaces:
The ISE Shared Spaces concept is a key element of the ISE Enterprise Architecture Framework and
helps resolve the information-processing and usage problems identified by the 9/11 Commission. ISE
Shared Spaces are networked data and information repositories used by ISE participants to make their
standardized terrorism -related information, applications, and services accessible to other ISE participants.
ISE Shared Spaces also provide an infrastructure solution for those ISE participants with national security
system (NSS) network assets, historically sequestered with only other NSS systems, to interface with ISE
participants having only civil network assets. Additionally, ISE Shared Spaces provide the means for
foreign partners to interface and share terrorism information with their U.S. counterparts. For more
information about the ISE Shared Spaces concept, reference the ISE Enterprise Architecture Framework
and the ISE Profile Architecture and Implementation Strategy at www,ise.gov. (Source: Baseline
Capabilities for State and Major Urban Area fusion centers Sep. 2008)
Law Enforcement On -Line (LEO):
A secure information sharing network supplied to law enforcement officers, sponsored by the Federal
Bureau of Investigation (FBI).
Law Enforcement Sensitive (LES):
Unclassified information from a law enforcement agency that contains personal identifying information,
such as victim, suspect, business, or information that might be used in a criminal prosecution that
requires protection against unauthorized disclosure to protect the sources, methods, investigative activity,
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evidence, and the integrity of the investigation reports. The exception to this is when an active arrest
warrant is on file and personal identifiers have been released outside of law enforcement.
Metadata:
Metadata describes other data. It provides information about a certain item's content. For example, an
image may include metadata that describes how large the picture is, the color depth, the image
resolution, when the image was created, and other data.
Law Enforcement Intelligence:
The end product (output) of an analytic process that collects and assesses information about crimes
and/or criminal enterprises with the purpose of making judgments and inferences about community
conditions, potential problems, and criminal activity with the intent to pursue criminal prosecution or
project crime trends or support informed decision making by management. (Source: Baseline Capabilities
for State and Major Urban Area Fusion Centers- Sep. 2008)
National Intelligence or Intelligence Related to National Security:
Defined by Section 3 of the National Security Act of 1947, as amended, as "A) information relating to the
capabilities, intentions, or activities of foreign governments or elements thereof, foreign organizations, or
foreign persons, or international terrorist activities" (known as foreign intelligence); and B) "information
gathered and activities conducted to protect against espionage, other intelligence activities, sabotage, or
assassinations conducted by or on behalf of foreign governments or elements thereof, foreign
organizations, or foreign persons, or international terrorist activities (known as "counterintelligence"),
regardless of the source from which derived and including information gathered within or outside the
United States, that (A) pertains to more than one United States Government agency; and (B) involves (i)
threats to the United States, its people, property, or interests; (ii) the development, proliferation, or use of
weapons of mass destruction; or (iii) any other matter bearing on the United States national or homeland
security." (50 U.S.C. § 401a) The goal of the National Intelligence effort is to provide the President and
the National Security [Staff] with the necessary information on which to base decisions concerning the
conduct and development of foreign, defense, and economic policy and the protection of United States
national interests from foreign security threats. (Executive Order 12333)
National Law Enforcement Telecommunications System (NLETS):
A secure information sharing platform used by law enforcement.
Planning:
The preparation for future situations, estimating organizational demands and resources needed to attend
to those situations, and initiating strategies to respond to those situations. (Source. Baseline Capabilities
for State and Major Urban Area Fusion Centers- Sep, 2008)
Policy:
The principles and values that guide the performance of a duty. A policy is not a statement of what must
be done in a particular situation. Rather, it is a statement of guiding principles that should be followed in
activities which are directed toward the attainment of goals. (Source: Baseline Capabilities for State and
Major Urban Area Fusion Centers- Sep. 2008)
Privacy (Information):
The assurance that legal and constitutional restrictions on the collection, maintenance, use, and
disclosure of personally identifiable information will be adhered to by criminal justice agencies, with use of
such information to be strictly limited to circumstances in which the legal process permits use of the
personally identifiable information. (Source: Baseline Capabilities for State and Major Urban Area Fusion
Centers- Sep. 2008)
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Privacy (Personal):
The assurance that legal and constitutional restrictions on the collection, maintenance, use, and
disclosure of behaviors of an individual — including his/her communications, associations, and
transactions — will be adhered to by criminal justice agencies, with the use of such information to be
strictly limited to circumstances in which legal process authorizes surveillance and investigation. (Source
Baseline Capabilities for State and Major Urban Area Fusion Centers- Sep. 2008)
Requirements (Information or Intelligence):
The types of intelligence operational law enforcement elements need from the intelligence function within
an agency or other intelligence -producing organizations in order for law enforcement officers to maximize
protection and preventive efforts as well as identify and arrest persons who are criminally liable. (Source:
Baseline Capabilities for State and Major Urban Area Fusion Centers -Sep. 2008)
Regional Information Sharing System (RISS):
A secure information sharing platform used by federal, state and local law enforcement agencies.
Regional Information Sharing System, Automated Trusted Information Exchange (RISS ATIX):
A secure information sharing platform used by federal, state, and local law enforcement to communicate
with appropriately identified stakeholders within government agencies and critical infrastructure.
Reporting:
Depending upon the type of intelligence, the process of placing analyzed information into the proper form
to ensure the most effective consumption. (Source: Baseline Capabilities for State and Major Urban Area
Fusion Centers- Sep. 2008)
Risk Assessment:
The product of three principal variables: Threat — the likelihood of an attack occurring and Vulnerability
and Consequence — the relative exposure and expected impact of an attack. Risk assessment is the
process of qualitatively or quantitatively determining the probability of an adverse event and the severity
of its impact on an asset. It is a function of threat, vulnerability, and consequence. A risk assessment may
include scenarios in which two or more risks interact to create greater or lesser impact. A risk assessment
provides the basis for the rank ordering of risks and for establishing priorities for countermeasures. Risk is
classically represented as the product of a probability of a particular outcome and the results of that
outcome. A statewide or regional risk assessment assesses the threats, vulnerabilities, and
consequences faced by the fusion centers geographic area of responsibility. The risk assessment is used
to identify priority information requirements for the fusion center and to support state and urban area
homeland security preparedness planning efforts to allocate funding, capabilities and other resources. In
traditional criminal intelligence, a risk assessment means an analysis of a target, illegal commodity, or
victim to identify the probability of being attacked or criminally compromised and to analyze vulnerabilities.
(Source: Baseline Capabilities for State and Major Urban Area Fusion Centers- Sep. 2008)
Short -Term Critical Operational Capability (COC) Gap Mitigation Objectives:
Short-term COC gap mitigation objectives are aligned to each of the COCs and represent the focus of
mitigation efforts through December 2010. These include:
Receive: Develop and implement a written plan for the receipt of federally -generated time sensitive threat
information
Analyze: Develop and implement a written plan to assess the local implications of time -sensitive and
emerging threat information
Disseminate: Develop and implement a written plan identifying the dissemination of time sensitive and
emerging threat information to all homeland security partners, including law enforcement and
other disciplines; and
Gather. Develop and implement a written plan to gather locally -generated information, including
suspicious activity reporting, based on time -sensitive and emerging threats.
"A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY"
Michigan Intelligence Operations Center (MIOC) Staff
Page 21
August 3, 2015
Suspicious Activity:
Reported or observed activity and/or behavior that, based on an officer's training and experience, is
believed to be indicative of intelligence gathering or preoperational planning related to terrorism, criminal,
or other illicit intention. (Source: Findings and Recommendations of the Suspicious Activity Report (SAR)
Support and Implementation Project, June 2008; and ISE-SAR Functional Standard version 1.0)
Suspicious Activity Report:
Official documentation of reported or observed activity and/or behavior that, based on an officer's training
and experience, is believed to be indicative of intelligence gathering or preoperational planning related to
terrorism, criminal, or other illicit intention. (Source: Findings and Recommendations of the Suspicious
Activity Report (SAR) Support and Implementation Project, June 2008; and ISE-SAR Functional Standard
version 1.0)
Target:
Any person, organization, group, crime or criminal series, or commodity being subject to investigation and
intelligence analysis. (Source: Baseline Capabilities for State and Major Urban Area Fusion Centers—
Sep. 2008)
Target Profile:
The identification of crimes, crime trends, and crime patterns that have discernable characteristics which
make collection and analysis of intelligence information an efficient and effective method for identifying,
apprehending, and prosecuting those who are criminally responsible. (Source: Baseline Capabilities for
State and Major Urban Area Fusion Centers- Sep. 2008)
"To Target" or "Targeting":
"To target" or "targeting" as used in this document refers to planning, intelligence collection,
reconnaissance, physical/electronic surveillance, and similar activities by threat groups to carry out an
attack against any Sector or Key Resource,
Threat Assessment:
An assessment of a criminal or terrorist presence within a jurisdiction integrated with an assessment of
potential targets of that presence and a statement of probability that the criminal or terrorist will commit an
unlawful act. The assessment focuses on the criminal's or terrorist's opportunity, capability, and
willingness to fulfill the threat. (Source: Baseline Capabilities for State and Major Urban Area Fusion
Centers- Sep. 2008)
Vulnerability Assessment:
An assessment of possible criminal or terrorist group targets within a jurisdiction integrated with an
assessment of the target's weaknesses, likelihood of being attacked, and ability to withstand an attack.
(Source: Baseline Capabilities for State and Major Urban Area Fusion Centers --Sep. 2008)
Warning:
To notify in advance of possible harm or victimization as a result of information and intelligence gained
concerning the probability of a crime or terrorist attack. (Source: Baseline Capabilities for State and Major
Urban Area Fusion Centers- Sep. 2008)
"A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY"
Michigan Intelligence Operations Center (MIOC) Staff
Page 22
August 3, 2015
Appendix B to MIOC Privacy Policy
Federal Laws Relevant to Seeking, Retaining, and Disseminating Justice Information
Excerpt from U.S. Department of Justice's (DOJ's)
Privacy, Civil Rights, and Civil Liberties Policy Templates for Justice Information Systems
The U.S. Constitution is known as the primary authority that applies to federal as well as state, local, and
tribal (SLT) agencies. State constitutions cannot provide fewer privacy and other civil liberties protections
than the U.S. Constitution but can (and many do) provide enhanced privacy and other civil liberties
protections.
Civil liberties protections are primarily founded in the Bill of Rights. They include the basic freedoms, such
as free speech, assembly, and religion; freedom from unreasonable search and seizure; due process; etc.
The relationship of these fundamental rights to the protection of privacy, civil rights, and other civil
liberties in the ISE is explored in a key issues guidance paper titled Civil Rights and Civil Liberties
Protection, which is available on the Program Manager (PM) for the Information Sharing Environment
(PM -ISE) Web site at www.ise.gov.
Statutory civil rights protections in the U.S. Constitution may, in addition, directly govern state action.
These include the Civil Rights Act of 1964, as amended; the Rehabilitation Act of 1973; the Equal
Educational Opportunities Act of 1974; the Americans with Disabilities Act; the Fair Housing Act, the
Voting Rights Act of 1965; and the Civil Rights of Institutionalized Persons Act.
Federal laws, Executive Orders, regulations, and policies directly affect agencies'/MIOCs' privacy policies.
While SLT agencies may not be generally bound directly by most statutory federal privacy and other civil
liberties protection laws in the information collection sharing context, compliance may be required
indirectly by funding conditions (e.g., 28 CFR Parts 20, 22, and 23 or the Health Insurance Portability and
Accountability Act [HIPAA]); operation of the Commerce Clause of the U.S. Constitution (e.g,, Electronic
Communications Privacy Act of 1986); or a binding agreement between a federal agency and an SLT
agency (e.g., a memorandum of agreement or memorandum of understanding). Where relevant or
possibly relevant, agencies/MIOCs are advised to list these laws, regulations, and policies, noting those
that may potentially affect the sharing of information, including sharing terrorism -related information in the
ISE.
The development of a privacy, civil rights, and civil liberties policy is primarily designed for agency/MIOC
personnel and authorized users to ensure that they are aware of the legal and privacy framework within
which they and the agency/MIOC must operate. If the applicability and requirements of various laws,
regulations, or sharing agreements are not spelled out or referenced in an agency/MIOC privacy policy,
staff and user accountability is greatly diminished, mistakes are made, privacy violations occur, and the
public's (and other agencies') confidence in the ability of the agency/MIOC to protect information and
intelligence is compromised. When staff members know the rules through sound policy and procedure
communicated through ongoing training activity, information sharing is enhanced.
Below is a partial listing of federal laws that should be reviewed when developing a privacy policy for a
justice information system. The list is arranged in alphabetical order by popular name.
Brady Handgun Violence Prevention Act, 18 U.S.C. §§ 921, 922, 924, and 925A, United States Code,
Title 18, Part I, Chapter 44, §§ 921, 922, 924, and 925A
Computer Matching and Privacy Act of 1988, 5 U.S.C. § 552a(a), United States Code, Title 5, Part I,
Chapter 5, Subchapter II, § 552a(a); see also Office of Management and Budget, Memorandum M-01-05,
"Guidance on Interagency Sharing of Personal Data—Protecting Personal Privacy," December 20, 2000
"A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY"
Michigan Intelligence Operations Center (MIOC) Staff
Page 23
August 3, 2015
Confidentiality of Identifiable Research and Statistical Information, 28 CFR Part 22, Code of Federal
Regulations, Title 28, Chapter I, Part 22
Crime Identification Technology, 42 U.S.C. § 14601, United States Code, Title 42, Chapter 140,
Subchapter I, § 14601
Criminal History Records Exchanged for Noncriminal Justice Purposes, 42 U.S.C. § 14611, United
States Code, Title 42, Chapter 140, Subchapter II, § 14611
Criminal Intelligence Systems Operating Policies, 28 CFR Part 23, Code of Federal Regulations, Title
28, Chapter 1, Part 23
Criminal Justice Information Systems, 28 CFR Part 20, Code of Federal Regulations, Title 28,
Chapter 1, Part 20
Disposal of Consumer Report Information and Records, 16 CFR Part 682, Code of Federal
Regulations, Title 16, Chapter I, Part 662
Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510-2522, 2701-2709, United States
Code, Title 18, Part I, Chapter 119, §§ 2510-2522, 2701-2709, and 3121-3125, Public Law 99-508
Fair Credit Reporting Act, 15 U.S.C. § 1681, United States Code, Title 15, Chapter 41, Subchapter III, §
1681
Federal Civil Rights laws, 42 U.S.C. § 1983, United States Code, Title 42, Chapter 21, Subchapter I, §
1983
Federal Records Act, 44 U.S.C. § 3301, United States Code, Title 44, Chapter 33, § 3301
Freedom of Information Act (FOIA), 5 U.S.C. § 552, United States Code, Title 5, Part I, Chapter 5,
Subchapter II, § 552
HIPAA, Health Insurance Portability and Accountability Act of 1996, 42 U.S.C. § 201,
United States Code, Title 42, Chapter 6A, Subchapter I, § 201; Public Law 104-191
HIPAA, Standards for Privacy of Individually Identifiable Health Information, 45 CFR Parts 160 and 164;
Code of Federal Regulations, Title 45, Parts 160 and 164
Indian Civil Rights Act of 1968, 25 U S.C. § 1301, United States Code, Title 25, Chapter 15,
Subchapter I, § 1301
IRTPA, as amended by the 9/11 Commission Act National Child Protection Act of 1993, Pub. L. 103-
209 (December 20, 1993), 107 Stat. 2490
National Crime Prevention and Privacy Compact, 42 U.S.C. § 14616, United States Code, Title 42,
Chapter 140, Subchapter II, § 14616
Posse Comitatus Act S 1385, htto://www.000.aov/fdsys/granule/USCODE-2011-titlel8/USCODE-2011-
title18-oartl-chao67-sec1385 Title 18, U.S. Code, Section 1385
Privacy Act of 1974, 5 U.S.C. § 552a, United States Code, Title 5, Part I, Chapter 5, Subchapter II, §
552a
Privacy of Consumer Financial Information, 16 CFR Part 313, Code of Federal Regulations,
A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY"
Michigan Intelligence Operations Center (MIOC) Staff
Page 24
August 3, 2015
Title 16, Chapter I, Part 313
Protection of Human Subjects, 28 CFR Part 46, Code of Federal Regulations, Title 28, Chapter 1,
Volume 2, Part 46
Safeguarding Customer Information, 16 CFR Part 314, Code of Federal Regulations, Title 16,
Chapter I, Part 314
Sarbanes-Oxley Act of 2002, 15 U.S C., Chapter 98, § 7201, United States Code, Title 15,
Chapter 98, § 7201
Information Sharing Environment (ISE) Functional Standard (FS) Suspicious Activity Reporting
(SAR) Version 1.5
U.S. Constitution, First, Fourth, and Sixth Amendments
USA PATRIOT Act, Public Law No. 107-56 (October 26, 2001), 115 Stat. 272
"A PROUD tradition of SERVICE through EXCELLENCE, INTEGRITY, and COURTESY"
Resolution #20399
September 23, 2020
Moved by Luebs seconded by Gershenson the resolutions on, the amended Consent Agenda be adopted.
AYES: Gingell, Hoffman, Jackson, Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham,
McGillivray, Middleton, Miller, Nelson, Powell, Quarles, Spisz, Taub, Weipert, Woodward, Zack,
Gershenson. (21)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions on the amended Consent Agenda were
adopted.
C b,'—"
I ee0VET RESOLUTION
sy COUNTY kXECUTIVE
CHIEF DEPUTY 45.559A (7)
ACTING PURSUANT TO MOL
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 23,
2020, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 23rd day of September, 2020.
Lisa Brown, Oakland County