§ 601.5. Collection of protected information in automated systems.
(a) Intelligence information. A criminal justice agency may collect intelligence information in an automated system only if the following conditions are met:
(1) The intelligence information concerns an individual or group which the criminal justice agency reasonably suspects of criminal activity.
(2) The intelligence information is related to criminal activity that would give rise to prosecution for a State offense graded a misdemeanor or felony or for a Federal offense for which the penalty is imprisonment for more than 1 year.
(3) The intelligence information is categorized based upon subject matter.
(4) The intelligence information does not concern participation in a political, religious or social organization, or in the organization or support of a nonviolent demonstration, assembly, protest, rally or similar form of public speech, unless there is a reasonable suspicion that the participation by the subject of the information is related to criminal activity or prison rule violation.
(5) The intelligence information is not collected in violation of State law.
(b) Investigative and treatment information. Investigative information and treatment information may be placed within an automated or electronic criminal justice information system.
(c) Central repository. Protected information may not be collected in the central repository.
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