A Fusion Center Finds Its Privacy Policy

Privacy Policy for the Delaware Valley Intelligence Center, released to the public on November 4 by Inspector Walt Smith

Privacy Policy for the Delaware Valley Intelligence Center, released to the public on November 4 by Inspector Walt Smith

Inspector Walt Smith, Director of the Delaware Valley Intelligence Center, graciously hand-delivered to the Declaration a copy of the fusion center’s privacy policy.

The policy outlines according to established law and regulations a set of rules for the DVIC’s employees, members, and other stakeholders, establishing how they can conduct their duties toward fulfilling the center’s purpose: to collect, analyze, and produce and disseminate criminal and public safety related intelligence. These stakeholders represent both local and federal law enforcement and other public sector center agencies as well as private sector entities.

The Center’s policy also dictates how its intelligence will be integrated with other information-sharing systems for “justice purposes,” and how it shall comply with certain enhanced privacy guidelines mandated by those systems in receiving and issuing SARs (Suspicious Activity Reports) and other intelligence disseminated through the Intelligence Sharing Environment.

The policy states that its provisions are to be implemented and overseen by a Privacy Officer, and that the primary responsibility for the operation of all justice sharing systems, personnel, other operations, and the enforcement of the Privacy Policy is assigned to the Director of the Delaware Valley Intelligence Center, Inspector Walt Smith.

The policy is embedded in its entirety below, along with a list of links to relevant statutes and regulations.

Commonwealth of PA Right to Know Law Act 3 of 2008

Declaration of Rights Pennsylvania Constitution

PA human relations act

Pennsylvania Consolidated Statutes

Computer Matching and Privacy Act 1988

Confidentiality of Identifiable Research and Statistical Information  (28 CFR Part 22)

Crime Identification Technology, 42 USC 14601

Criminal History Records Exchange for Justice Purposes

Criminal Intelligence System Operating Policies

Criminal Justice Information Sharing Systems

Electronic Communications Privacy Act

Intelligence Reform and Terrorism Prevention Act 2004

Crime Prevention and Privacy Compact

Privacy Act of 1974

Protection of Human Subjects, CFR

US PATRIOT Act

United States Constitution

The policy also stipulates that it shall be made available to the public upon request and published online on the DVIC’s website “(currently being established and policy will be posted as soon as the website is published).”

In the coming days, look for several posts subjecting the document to the scrutiny it warrants and ruthlessly exploring and publishing weaknesses and dangers we discern.

Screenshot - 11042013 - 08:08:26 PM

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About Kenneth Lipp

Kenneth is a writer and researcher. He’s from Alabama, and will not apologize for it. He moved to Pennsylvania in 2012, but has been in love with Philadelphia since a late-night stroll down Ben Franklin Parkway to the Art Museum in July of 2011 with the love of his life. He is interested in telling Philadelphia’s dynamic and absolutely unique stories with the zeal of a constantly enamored newcomer. Kenneth is also passionate about government transparency and protection of whistleblowers, most notably PFC Chelsea Manning. His research and reporting on law enforcement and surveillance have been featured in various publications, including Rolling Stone (Meet the Private Companies Helping Cops Spy on Protesters) and Popular Science (Boston Tested Crowd-Watching Software That Catalogues People's Skin Color). His training is in both genetics and history and he likes the joke about being a helicase and unzipping your “genes.” He’s driven to know, and thinks you can handle, the truth. Follow him on Twitter @kennethlipp.

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