§ 58.22. Access to data and information.
General operating procedures are as follows:
(1) Access to information in the DNA Database and DNA Databank (including personal identifying information) shall be made available under one of the following:
(i) To criminal justice agencies or approved crime laboratories which serve these agencies.
(ii) Upon written or electronic request and in furtherance of an official investigation of a criminal offense or offender or suspected offender.
(2) The identity of any person or agency making a request for information shall be verified prior to the release of any information. Requests made through CODIS will be deemed to have met this requirement. Verification shall be made by means of a return phone call to the requestor’s supervisor to establish authority to receive the information and the purpose for the request.
(3) Requests for information will only be accepted, after verification, from criminal justice agencies, or approved governmental forensic science laboratories, and only upon written or electronic request and in furtherance of an official investigation of a criminal offense or offender or suspected offender.
(4) A request may be made by personal contact, mail or electronic means. A Request for Database Search Form shall be completed.
(5) The name of the requestor and the purpose for which the information is requested shall be maintained on file in the DNA Database Laboratory.
(6) Only when a DNA profile or sample supplied by the requestor satisfactorily matches a profile in CODIS will the existence of the data be confirmed, or identifying information be disseminated.
(7) The following will be denied:
(i) Requests that do not meet the criteria of paragraphs (1)—(6).
(ii) Requests from private forensic laboratories.
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