SIGN-ON LETTER: Require Accuracy for NCIC

[Dave Farber <dave () farber net>]

Note: I am a member of the EPIC advisory board djf

------ Forwarded Message
From: Marc Rotenberg <rotenberg () epic org>
Date: Mon, 31 Mar 2003 18:23:53 -0500
To: dave () farber net
Subject: IP - SIGN-ON LETTER: Require Accuracy for NCIC

Dave -

I wanted to make a special request that you post
to IP. I'm hoping that we can generate some online
interest in this effort.

Regards,

Marc.



Dear members of the EPIC Advisory Board,

We have started an online petition and a joint letter
to urge that the accuracy requirements for the NCIC,
the nation's largest criminal justice database, be
restored. More information follows below. We'd very
much appreciate your help with this effort. You can:

   1. Sign the online petition
   2. Encourage organizations to endorse the letter
   3. Forward the message below to appropriate lists

Marc.

----------------------------------------------------

(Please forward until April 6, 2003)

---------------------------------------------------------------------
                   JOINT LETTER AND ONLINE PETITION
    Require Accuracy for Nation's Largest Criminal Justice Database
                     [www.epic.org/actions/ncic/]
---------------------------------------------------------------------

- Support Needed for Letter Concerning Accuracy Requirements for
   National Crime Information Center record system (NCIC)

- Organizations are asked to sign joint letter to OMB
   by April 7. Send email to ncic-petition () epic org

- Individuals may sign petition online at:
      http://www.petitiononline.com/ncic/petition.html

CONTENTS

[1] Summary - Require Accuracy for NCIC
[2] Joint Letter for Organizations
[3] Online Petition for Individuals
[4] References - DOJ Information on NCIC

---------------------------------------------------------------------
[1] SUMMARY
---------------------------------------------------------------------

Last week the Justice Department administratively discharged the FBI
of its statutory duty to ensure the accuracy and completeness of the
over 39 million criminal records it maintains in its National Crime
Information Center (NCIC) database.  This action poses significant
risks to privacy and effective law enforcement.

The NCIC system provides over 80,000 law enforcement agencies with
access to data on wanted persons, missing persons, gang members, as
well as information about stolen cars, boats, and other information.
The Privacy Act of 1974 requires the FBI to make reasonable efforts
to ensure the accuracy and completeness of the records in the NCIC
system.  Now, the Justice Department has exempted the system from
the accuracy requirements of this important law.

We believe it is particularly important to ensure that Privacy Act
obligations are applied to government record systems as the
government considers dramatic expansion of record-keeping systems
and the incorporation of private sector databases that are
frequently inaccurate and unreliable.

ORGANIZATIONS:

   Please send email to ncic-petition () epic org with
    - Name
    - Title
    - Affiliation
    - Email and phone numbers

The deadline for signing on is Thursday, April 7, 2003 by 6 p.m.

INDIVIDUALS:

   To sign on, go to
     http://www.petitiononline.com/ncic/petition.html

The NCIC is a critical database in the federal government.
The Privacy Act data quality obligations should be preserved.

Marc Rotenberg, EPIC Executive Director
Kerry Smith, EPIC IPIOP Fellow

---------------------------------------------------------------------
[2] JOINT LETTER -
---------------------------------------------------------------------

Mitchell E. Daniels, Jr.
Director, Office of Management and Budget
725 17th Street, NW
Washington, D.C. 20503

Dear Mr. Daniels:

We are writing to request that the OMB exercise its oversight
responsibilities under 5 U.S.C. §552 by reviewing and revising the
FBI's recent rule exempting the National Crime Information Center
(NCIC) system from the accuracy requirements of the Privacy Act of
1974. [1]

The NCIC database provides over 80,000 law enforcement agencies with
access to a computerized network of more than 39 million records
regarding criminal activity. For the past thirty years, the FBI has
operated the NCIC database with the Privacy Act accuracy requirement
in place.  The relevant provision requires that any agency that
maintains a system of records, "maintain all records which are used
by the agency in making any determination about any individual with
such accuracy, relevance, timeliness, and completeness as is
reasonably necessary to assure fairness to the individuals in the
determination." [2]  Circumventing that statutory obligation poses
significant risks not only for citizens whose record files may be
part of this data system, but also for communities that rely on law
enforcement to employ effective, reliable tools for ensuring public
safety. Accordingly, the OMB should request that the FBI continue to
follow the obligations of the Privacy Act.

The NCIC database was first established by the FBI, under the
direction of J. Edgar Hoover, in 1967.  The purpose for maintaining
the system is to facilitate the quick exchange of information about
crimes and criminal activities between various law enforcement
agencies.  The FBI recently spent $182 million to modernize the data
system.  It now provides law enforcement agencies with instant
access to fingerprinting and mugshot images.  It also continues to
include information on stolen vehicles and other articles; persons
with outstanding felony and misdemeanor warrants; missing persons;
suspected gang members; suspected terrorists; and individuals'
arrest records.

NCIC is used by a broad range of criminal justice agencies, from top
federal law enforcement officials to municipal police. During its
first year of implementation, approximately 2 million inquiries were
processed. Since then, its use has grown significantly. In March
2002, the FBI set a new record for inquiries processed in one day,
responding to 3,295,587 requests.  On average, there are 2.8 million
transaction processed each day, with an average response time of
0.16 second.  As a result, any error in the NCIC database can spread
across the country in less than a second. [3]

Several well publicized incidents demonstrated the consequences of
inaccurate and incomplete information in the NCIC. In one case, a
Los Angeles man was arrested five times, three at gun point, due to
an error in the NCIC. [4] In another, a Phoenix resident, who was
pulled over for driving the wrong way down a one-way street, was
arrested after an NCIC inquiry erroneously revealed an outstanding
misdemeanor arrest warrant that had been quashed weeks earlier. [5]
These incidents, and others like it, reveal the potential harms that
individual citizens may face if the records in the NCIC database are
not accurate.  These incidents demonstrate that the FBI should work
to improve the accuracy of this system of records, rather than
administratively exempt itself of this important duty.

Indeed, one of the major purposes behind the enactment of the
Privacy Act was to guard against these harms by establishing
standards for the quality of data the government collects about
individuals. In passing the Act, Congress found that "the
opportunities for an individual to secure employment, insurance, and
credit, and his rights to due process, and other legal protections
are endangered by the misuse of certain information systems," and
therefore "it is necessary and proper for the Congress to regulate
the collection, maintenance, use and dissemination of information by
such agencies." [6]  To that end, Congress passed the Act to ensure,
among other things, that any information held in government would be
"current and accurate for its intended use." [7]

Since the passage of the Privacy Act thirty years ago, there has
been general agreement that the  FBI would go forward with the NCIC
database, provided that it comply with the Act’s obligations.  Now,
the FBI effectively seeks to sever that agreement, suddenly
asserting that "it is impossible to determine in advance what
information is accurate, relevant, timely and complete." [8]  This
is a sharp, historical departure.  The Privacy Act should continue
to operate for this important set of records.

The obligations of the Privacy Act are important not only for the
individuals who may have records in the NCIC database, but also for
the effectiveness of the data system itself as a law enforcement
tool.  In Arizona v. Evans, the Supreme Court held that the Fourth
Amendment's exclusionary rule did not require the suppression of
evidence obtained during an arrest that was based upon false
information in the NCIC database.  Justice O'Connor, writing in
concurrence, asserted that it would be unreasonable, however, for a
police department to depend upon a record keeping system that has no
accuracy safeguards and routinely leads to false arrests. [9] She
said that if the police blindly relied on a data system without
adequate mechanisms to ensure its accuracy, then courts could
prohibit the use of any evidence obtained in an arrest resulting
from erroneous information in the database.  In the case before the
Court, O'Connor believed that the police department's reliance on
NCIC was reasonable.  Nevertheless, she indicated that if procedures
were not in place to help ensure the accuracy of the data, evidence
collected during those arrests could be suppressed.  Her concurrence
underscores how the Privacy Act's data quality requirements serve as
an important mechanism for ensuring the legitimate, effective use of
the NCIC database for law enforcement activities.  The FBI's
unilateral decision to exempt this data system from the accuracy
obligations of the Privacy Act puts criminal justice agencies at
risk of unreasonably relying on inaccurate, incomplete information.

Given the risks inaccurate NCIC data poses to both individual
citizens and law enforcement agencies, the F.B.I. should continue to
comply with the obligations of the Privacy Act.  We ask that the OMB
evaluate the effect of the FBI's rule on the rights of individuals,
pursuant to 5 U.S.C. §552a(r), and request that the FBI rescind its
decision to exempt the NCIC database from the obligations of the
Privacy Act.


Sincerely,


cc.    The Honorable Susan M. Collins, Chair, Senate Governmental
     Affairs Committee
    The Honorable Joseph I. Lieberman, Ranking Member, Senate
     Governmental Affairs Committee
    The Honorable Thomas M. Davis, Chair, House Government
     Reform Committee
    The Honorable Henry A. Waxman, Ranking Member, House
     Government Reform Committee


[1] This final rule also exempts the Central Records System and National
     Center for the Analysis of Violent Crime systems from accuracy
     requirements of the Privacy Act.  Privacy Act of 1974; Implementation,
     68 Fed. Reg. 14140 (Mar. 24, 2003) (to be codified as 28 C.F.R. pt.
16).
[2] 5 U.S.C. §552a(e)(5).
[3] See Arizona v. Evans, 514 U.S. 1, 28 (1995) (Ginsburg, J., dissenting).
[4] See Rogan v. Los Angeles, 668 F. Supp. 1384 (C.D. Cal. 1987).
[5] See Arizona v. Evans, 514 U.S. 1 (1995).
[6] Congressional Findings and Statement of Purpose, Pub. L. No. 98-21,
     §2(a)(3) & (5) (1974)
[7] Id. at §2(b)(4).
[8] 68 Fed. Reg. at 14140.
[9] See Evans, 514 U.S. at  16-17.


---------------------------------------------------------------------
[3] ONLINE PETITION -
---------------------------------------------------------------------

Mitchell E. Daniels, Jr.
Director, Office of Management and Budget
725 17th Street, NW
Washington, D.C. 20503

Dear Mr. Daniels:

We strongly oppose the Justice Department's recent decision to lift
the Privacy Act requirement that the FBI ensure the accuracy and
completeness of the over 39 million criminal records it maintains in
its National Crime Information Center (NCIC) database.  This action
poses significant risks to both privacy and effective law
enforcement.

Over 80,000 law enforcement agencies have access to the NCIC system.
The database includes records on wanted persons, missing persons,
gang members, citizen arrest records, as well as information about
stolen cars, boats, and other information. The Privacy Act of 1974
requires the FBI to make reasonable efforts to ensure the accuracy
and completeness of the records in the NCIC system.  Now, the
Justice Department has exempted the system from the accuracy
requirements of this important law.

There have been several well publicized cases of innocent persons
being subject to false arrest due to inaccurate information in the
NCIC system. The Supreme Court has also expressed concern about
reliance on inaccurate records in the NCIC.

We believe it is particularly important to ensure that Privacy Act
obligations are applied to government record systems as the
government considers dramatic expansion of record-keeping systems
and the incorporation of private sector databases that are
frequently inaccurate and unreliable.

The FBI should work to improve the accuracy and accuracy of the
NCIC, rather than exempt itself from its well established legal
obligations. We urge the OMB to exercise its oversight
responsibility and require the Justice Department to comply with the
Privacy Act obligations for the NCIC. The Privacy Act should continue
to govern the maintenance and use of this important law enforcement
database.


Sincerely,

[Individuals]

---------------------------------------------------------------------
[4] REFERENCES
---------------------------------------------------------------------

DOJ Information on NCIC:

The FBI National Crime Information Center (NCIC) 2000
http://www.fbi.gov/hq/cjisd/ncic.htm

FBI Announces the Implementation of NCIC 2000, July 15, 1999
http://www.fbi.gov/pressrel/pressrel99/ncic2000.htm

NCIC and the Freedom of Information Act
http://foia.fbi.gov/ncic552.htm

U.S. Department of Justice, NCIC 2000 Newsletters
http://permanent.access.gpo.gov/lps3213/pdinfo.htm

The Investigator, National Crime Information Center: 30 Years on
the Beat, Dec. 1996-1997 Issue, available at the FBI Library
http://permanent.access.gpo.gov/lps3213/ncicinv.htm

U.S. Department of Justice, Use and Management of Criminal
History  Record Information: A Comprehensive Report, 1993.
http://www.ojp.gov/bjs/pub/pdf/cchuse.pdf

Additional Information on NCIC:

Federation of American Scientists, NCIC Information
http://www.fas.org/irp/agency/doj/fbi/is/ncic.htm

The Associated Press, Justice Department  Lifts FBI Database Limits
http://abcnews.go.com/wire/Politics/ap20030324_2121.html

---------------------------------------------------------------------




------ End of Forwarded Message

-------------------------------------
You are subscribed as interesting-people () lists elistx com
To manage your subscription, go to
  http://v2.listbox.com/member/?listname=ip

Archives at: http://www.interesting-people.org/archives/interesting-people/