Section R. 28.5210 - Department release of CJI for certain research, statistical, or governmental projectsRule 210.
(1) The department may disseminate CJI from AFIS, ALIAS, or SNAP for research, statistical, or governmental projects in accordance with this rule.(2) The department shall not disseminate CJI under this rule unless all of the following apply: (a) The CSO has approved of the proposed dissemination of CJI upon determination that the criteria described in subrule (3) of this rule have been met.(b) The recipient of the CJI is an agency or entity listed under R 28.5201, an academic institution, or a government entity.(c) The recipient of the CJI has submitted to the department a completed user agreement, in a manner determined by the department, stipulating to all of the following: (i) Any CJI disseminated by the department shall only be used for the proposed project, and the recipient of the CJI shall not disseminate the CJI for any purpose.(ii) The recipient of the CJI shall destroy the CJI immediately after the CJI is no longer needed for the approved project or the approved project has concluded, whichever occurs first.(iii) The recipient of the CJI shall comply with any applicable federal and state law, these rules, the FBI Criminal Justice Information Services Security Policy, the Michigan Addendum to the FBI Criminal Justice Information Services Security Policy, and any procedures or requirements prescribed by the department.(iv) The department shall not disseminate CJI that is non-public or is otherwise prohibited from being disseminated by state or federal law.(v) Any CJI disseminated by the department shall not contain PII, unless the dissemination of the PII is lawful and approved by the CSO.(3) The CSO may approve or deny a proposal for the dissemination of CJI under this rule. The CSO shall ensure the following criteria are met before approving the proposed dissemination of CJI: (a) The proposed project is funded in full or in part with grant or public funds.(b) The proposed project is for the purpose of developing and measuring, evaluating, or otherwise advancing the state of knowledge in a particular area, or if the recipient of the CJI is a governmental entity, the purpose is intended to advance a public purpose related to the government entity's official functions.(c) The department would not be unreasonably burdened by the proposed project or adequately processing the proposed dissemination of CJI. An unreasonable burden includes, but is not limited to, any of the following: (i) Excessive financial or operational resources are required to adequately process the proposed dissemination of CJI or to provide oversight of the proposed project to ensure compliance with this rule, including the user agreement under subrule (2) of this rule.(ii) The proposed project's direct or indirect benefit to the department does not justify the financial or operational resources necessary to adequately process the proposed dissemination of CJI or to oversee the proposed project to ensure compliance with this rule, including the user agreement under subrule (2) of this rule.(iii) The proposed project or dissemination of CJI may cause undue disruption to the department or bring the department or its employees or agents into disrepute.(4) The determination of the CSO under subrule (3) of this rule is final and is not subject to appeal or challenge. The CSO shall, within a reasonable period of time, provide to the department and the proposed recipient of the CJI a written explanation for the reason or reasons supporting the CSO's denial or approval of the proposed dissemination of CJI.Mich. Admin. Code R. 28.5210
1981 AACS; 2009 AACS; 2021 MR 5, Eff. 3/19/2021