Section 1395-01-01-.02 - STATEMENT OF INTENT AND APPLICATION(1) Intent - It is the intent of the Legislature to accumulate in one place all of the vital information relating to crimes, criminals and criminal activities generated by the actions of all state and local law enforcement agencies performing duties in relation thereto, thereby establishing a criminal justice information system for substantive use by all participants and statistical analysis and use by the government and private sectors. It requires the Director of the Tennessee Bureau of Investigation to construct the crime data elements by specifying the content and form of reports and to establish the communications system for intrastate submission and sharing of the data, by agreements between the Tennessee Bureau of Investigation, Federal Bureau of Investigation and National Law Enforcement Telecommunications Systems.(2) Application - To make the system complete and effective, the Legislature requires the participation of all state, county and municipal and correctional agencies and courts. The participation is made uniform, efficient and effective by the promulgation and adoption of rules by the Director of the Tennessee Bureau of Investigation.(3) System Scope - As mandated, TBI will design, procure, operate, manage and control computer hardware and associated software to enable it to establish a system for the intrastate communication and exchange of all vital information, including statistical analysis thereof, relating to crime, criminals and criminal activity. It will, at a minimum: (a) Provide a communications network with adequate computer hardware and software for use by law enforcement agencies;(b) Provide certainty of identification of people with their criminal activity and records;(c) Create a data base for the storage, management and distribution of the vital crime information for maximum interactive and relational use; and(d) Comply with all state and federal laws relating to the privacy and security of the data.(4) Interaction of Data Programs - It is the intent of the Tennessee Bureau of Investigation that this reporting and operating system be fully compatible with the requirements of all similar Federal programs. The duties required of all state and local agencies which participate in the criminal justice system are specified and regulated by numerous statutes and laws relating to the various agencies. It is not the intent of the rules promulgated herein to create new duties or activities, or to change existing required duties, but rather to provide a more precise, uniform and effective manner in which the information generated and used by the various agencies in their operations may be reported, collected, managed and distributed timely and efficiently for maximum use and effectiveness by all agencies having need thereof while maintaining the integrity of actions and files of all participating agencies.(5) Control - It is the intent of the Tennessee Bureau of Investigation to ensure that this reporting system fully complies with all federal and state constitutional, statutory, and case law protecting and regulating the rights of privacy and other individual rights.Tenn. Comp. R. & Regs. 1395-01-01-.02
Original rule filed October 30, 1986; effective January 27, 1987. Repealed and new rule filed November 16, 2001; effective March 30, 2002.Authority: T.C.A. §§ 38-6-109 and 38-10-101 through 103.