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The National Crime Prevention and Privacy Compact: Protecting Our Vulnerable Populations

The National Crime Prevention and Privacy Compact Act of 1998 establishes a legal framework for the noncriminal use of criminal history record information (III). This compact allows states to provide more complete and accurate information for noncriminal justice purposes, benefiting vulnerable populations such as children, the disabled, and the elderly. The compact also promotes privacy protection and facilitates cost savings by reducing duplicate records. With participation from 34 states and territories, the Compact Council plays a vital role in conducting noncriminal justice background checks.

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The National Crime Prevention and Privacy Compact: Protecting Our Vulnerable Populations

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  1. The National Crime Prevention and Privacy Compact - Helping Protect Our Nation’s Most Vulnerable Populations Ms. Leslie Moore – Compact Council Vice-Chair

  2. The National Crime Prevention and Privacy Compact Act of 1998 Enacted on October 9, 1998 Provides legal framework for the noncriminal justice use of the III Continues decentralization of criminal history record information Established the Compact Council

  3. Compact States and Territories As of July 2019 AK WA NH VT ME MA MT ND OR MN RI ID SD NY WI CT WY MI PA IA NB NJ NV OH UT IN IL CO DE WV CA VA KS MO KY MD NC TN AZ OK DC NM AR SC GA AL MS TX LA HI FL MK GM PR Compact States (34) MOU Signatory States (10) VI AM No Known Current Action (12)

  4. Compact Council • Compact established a 15-member Council • Appointed by the U.S. Attorney General • Promulgates rules and procedures for the effective use of the III for noncriminal justice purposes

  5. Benefits of the Compact • Compact allows signatory states to provide more complete and accurate criminal history record information for noncriminal justice purposes • Compact requires signatory states to participate in the National Fingerprint File Program

  6. NFF STATE VS NON-NFF STATE NFF STATE Non-NFF State Voluntarily submits arrest information for each arrest to the FBI based on law and policy FBI reaches out to non-NFF state if the state is authorized to provide CHRI for noncriminal justice purposes; if not the FBI disseminates the information in its file State submits information to the FBI for updating records (i.e.- disposition) Is only required to respond to criminal justice and firearm record requests; Non-NFF states which have ratified the Compact are required to respond to all requests. Duplicate records are maintained and state must forward to the FBI • Notifies the FBI of each arrest; arrest information is retained by the state, rather than the FBI • FBI reaches out to NFF State to obtain its CHRI • Information maintained by state is appended to the FBI response • State maintains control and updates its records • Must respond to authorized record requests from both the state and FBI • Reduces duplicate records; eliminates risk of FBI record not being updated • Cost savings and more complete records available

  7. MK GM PR AM VI NFF States - 20 National Fingerprint File Program ParticipationAs of July 2019 AK WA NH VT ME MA MT ND OR MN RI ID SD NY WI CT WY MI PA IA NB NJ NV OH UT IN IL CO WV DE CA VA KS MO KY MD NC TN AZ OK DC NM AR SC MS AL GA TX LA HI FL

  8. Noncriminal Justice Background Checks • Council’s mission • Positive fingerprint identification • Legal authority to submit fingerprints to the FBI • Must seek to balance access to criminal history record information with the need for individual privacy • Council’s efforts to advance awareness of privacy-related issues • Guiding Principles: Noncriminal Justice Applicant’s Privacy Rights • Guiding Principles: Agency Privacy Requirements for Noncriminal Justice Applicant

  9. Crime Prevention Protecting Vulnerable Populations such as Children, the Disabled, and the Elderly • Use of CHRI in exigent circumstances • Publication of Identity Verification Program Guide • Privacy Protection • Rap Back Task Force/Focus Group

  10. Legal Authority • Next Generation Identification (NGI) System • Contains records from states, U.S. territories, federal, and tribal criminal justice agencies • Legal authority for use of the III for noncriminal justice purposes • Federal legislation • Affordable Care Act – Section 6201 • Child Care and Development Block Grant Act • National Child Protection Act/Volunteers for Children Act • Adam Walsh Act • Public Law 92-544

  11. Council’s Role in Conducting Noncriminal Justice Background Checks • Liaise and provide input to federal agencies regarding background check programs • Written Correspondence • Publication of resources to assist background check agencies • Review Compact to set policy regarding noncriminal justice background checks

  12. Upcoming Compact Council Meeting November 6-7, 2019 TBD Council Chairman: Mr. Wyatt Pettengill Council Vice-Chair: Ms. Leslie Moore FBI Compact Officer: Ms. Chasity S. Anderson Website: www.fbi.gov/compactcouncil E-mail: compactoffice@fbi.gov

  13. QUESTIONS?

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