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C.F.R. / F.I.P. Breakdown

The U.S. Department of Justice?s regulations concerning the sharing of criminal history record information (CHRI) can be found in the Code of Federal Regulations at 28 C.F.R. Part 20. They are a staple for any justice agency?s discussions concerning the sharing of criminal history information. Like many federal regulations, 28 C.F.R. Part 20 leaves several policy choices to the states. Decisions about whether to permit the release of arrest information are left up to the state legislatures as are the specific mechanisms implementing the regulation?s access and challenge requirements.

The documents below were developed while the IIJIS Privacy Policy Subcommittee was focused on understanding how Illinois law already implemented the Fair Information Practices. The first spreadsheet breaks the federal regulations down into several discrete provisions and ties each with its relevant FIP. The second is an example, focused on Illinois?s implementation of the CHRI access and review requirements, of what the completed spreadsheet would look like. Admittedly, these documents were not utilized to the greatest extent possible; this was due to Illinois?s shift in direction from the FIPs to resolving specific privacy issues. Nevertheless, they are sound legal analysis tools that might be valuable to other jurisdictions just beginning the development of a privacy policy for an integrated justice information system.