Common use of Access to and use of information Clause in Contracts

Access to and use of information. 1. Each party will contribute all legally sharable information to the LinX Carolinas and agrees to permit the access, dissemination, and/or use of such information by every other party under the provisions of this MOU (and any other applicable agreements that may be established for the LinX Carolinas). The contributing party has the sole responsibility and accountability for ensuring that it is not constrained from permitting this by any laws, regulations, policies and procedures applicable to the submitting party. 2. Agencies that do not provide data for inclusion in the LinX Carolinas are not eligible to be parties without express, written approval of the LinX Carolinas Governance Board. Only duly constituted law enforcement agencies of a Federal, State, County, Municipal or special jurisdiction may become a party of the LinX Carolinas. 3. All parties will have access via a secure internet connection to all the information in the LinX Carolinas, as provided in this MOU and any other applicable agreements that may be established for the LinX Carolinas; and each agency is responsible for providing its own internet connectivity. 4. An accessing party has the sole responsibility and accountability for ensuring that all access comports with any laws, regulations, policies and procedures applicable to the accessing party. 5. A party may only access the LinX Carolinas when it has a legitimate, official need to know the information for an authorized law enforcement, counter terrorism, public safety, and/or national security purpose, after receiving training appropriate to this MOU. 6. An accessing party may use information for official matters only. The system cannot be used for general licensing and employment purposes, background investigations of Federal, State, County or Municipal employees or any other non-law enforcement purposes. 7. Information in the system, including any analytical products, may not be used for any unauthorized or non-official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. Specifically included within this prohibition is the direct use of any LinX Carolinas information in the preparation of any judicial process such as affidavits, warrants, subpoenas, etc. 8. Notwithstanding the requirement in the previous provision that information may not be disseminated without first obtaining express permission of each party that contributed the information in question, in accordance with and to the extent permitted by applicable law, required court process, or guidelines issued jointly by the Attorney General of the United States and the Director of Central Intelligence, immediate dissemination of information can be made if a determination is made by the recipient of the information: (a) that the matter involves an actual or potential threat of terrorism, immediate danger of death or serious physical injury to any person, or imminent harm to the national security; and (b) requires dissemination without delay to any appropriate Federal, State, Local or Foreign government official for the purpose of preventing or responding to such a threat. The owner of the information shall be immediately notified of any and all disseminations made under this exception. 9. Any requests for reports or data in LinX Carolinas records from anyone other than a party to this MOU will be directed to the contributing party. 10. Agencies other than the exception noted in paragraph B.2 above who are not part of this MOU will not have direct access to LinX Carolinas. Requests by such agencies for copies of information contained in LinX Carolinas must be referred to the individual LinX Carolinas party that owns or originated the information. 11. The information in the LinX Carolinas shall not be used to establish or verify the eligibility of, or continuing compliance with statutory and regulatory requirements by applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in- kind assistance or payments under the Federal or State benefit programs, or to recoup payments or delinquent debts under such Federal or State benefit programs. 12. The LinX Carolinas will include an audit capability that will log all user activity. Each agency will designate a point of contact who shall have access to that member agency’s portion of the audit log. However, the audit log aggregate is not a record of information wholly controlled by any one member agency and no single member agency may disclose the content of the entire log. Any requests for copies of the entire audit log will be forwarded to each member agency for direct response to that member agency’s portion of the audit log.

Access to and use of information. 1. Each party will contribute all legally sharable information to the LinX Carolinas LInX and agrees to permit the access, dissemination, and/or use of such information by every other party under the provisions of this MOU (and any other applicable agreements that may be established for the LinX CarolinasLInX). The contributing party has the sole responsibility and accountability for ensuring that it is not constrained from permitting this by any laws, regulations, policies policies, and procedures applicable to the submitting party. 2. Agencies that do not provide data for inclusion in the LinX Carolinas LInX are not eligible to be parties without express, written approval of the LinX Carolinas Southeast Law Enforcement Alliance Project’s LInX Governance Board. Only duly constituted law enforcement agencies components of a Federal, Statemilitary, Countystate, Municipal county, or special jurisdiction local jurisdictions may become a party members of the LinX Carolinas.LInX. 3. All parties will have access via a secure internet connection to all the information in the LinX CarolinasLInX, as provided in this MOU and any other applicable agreements that may be established for the LinX CarolinasLInX; and each agency is responsible for providing its own internet connectivity. 4. An accessing party has the sole responsibility and accountability for ensuring that all an access comports with any laws, regulations, policies policies, and procedures applicable to the accessing party. 5. A party may only access the LinX Carolinas LInX when it has a legitimate, official need to know the information for an authorized law enforcementenforcement purpose, such as counter terrorism, public safety, and/or national security purposesecurity, after receiving training appropriate to this MOU. 6. An accessing party may use information for official matters only. The system cannot be used for general licensing and employment purposes, background investigations of Federalfederal, Statestate or local employees, County or Municipal employees or any other non-law enforcement purposespurpose. The LInX system may be queried by member agencies to assist them in developing leads to pursue in the vetting process of candidates for employment in their own agencies. However, the information contained in LInX CANNOT be utilized as the basis for a hiring decision. Any leads developed as a result of the LInX queries must be verified with the contributing agencies and only the actual, verified data may be used in the hiring decision. 7. Information in the system, including any analytical products, may not be used for any unauthorized or non-official purpose and shall not be disseminated outside of an accessing party without first obtaining express permission of each party that contributed the information in question. Specifically included within this prohibition is the direct use of any LinX Carolinas information in the preparation of any judicial process such as affidavits, warrants, subpoenas, etc. 8. Notwithstanding the requirement in the previous provision that information may not be disseminated without first obtaining express permission of each party that contributed the information in question, in accordance with and to the extent permitted by applicable law, required court process, or guidelines issued jointly by the Attorney General of the United States and the Director of Central Intelligence, immediate dissemination of information can be made if a determination is made by the recipient of the information: (a) that the matter involves an actual or potential threat of terrorism, immediate danger of death or serious physical injury to any person, or imminent harm to the national security; and (b) requires dissemination without delay to any appropriate Federalfederal, Statestate, Local local, or Foreign foreign government official for the purpose of preventing or responding to such a threat. The owner of the information shall be immediately notified of any and all disseminations made under this exception. 9. Any requests for reports or data in LinX Carolinas LInX records from anyone other than a party to this MOU will be directed to the contributing party. 10. Agencies other than the exception noted in paragraph B.2 above who are not part of this MOU will not have direct access to LinX Carolinas. LInX. Requests by such agencies for copies of information contained in LinX Carolinas LInX must be referred to the individual LinX Carolinas LInX party that owns or originated the information. 11. The information in the LinX Carolinas LInX shall not be used to establish or verify the eligibility of, or continuing compliance with statutory and regulatory requirements by applicants for, recipients or beneficiaries of, participants in, or providers of services with respect to, cash or in- in-kind assistance or payments under the Federal or State benefit programs, or to recoup payments or delinquent debts under such Federal or State benefit programs. 12. The LinX Carolinas LInX will include an audit capability that will log all user activity. Each agency will designate a point of contact who shall have access to that member agency’s portion of the audit log. However, the audit log aggregate is not a record of information wholly controlled by any one one-member agency and no single member agency may disclose the content of the entire log. Any requests for copies of the entire audit log will be forwarded to each member agency for direct response to that member agency’s portion of the audit log.