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project from liability for disseminating illegally obtained information. A clear project policy that prohibits the submission of illegally obtained information, coupled with an examination of supporting information to determine that the information was obtained legally or the delegation of such authority to a properly trained participating agency, and the establishment and performance of routine inspection and audit of participating agency records, should be sufficient to shield a project from potential liability based on negligence in the performance of its intelligence information screening function. OPERATING PRINCIPLES - SECTION 23.20(h) Comment: One commentor requested clarification of the "periodic review" requirement in Section 23.20(h) and what constitutes an "explanation of decision to retain" information. Response: The periodic review requirement is designed to insure that system information is accurate and as up-to-date as reasonably possible. When a review has occurred, the record is appropriately updated and notated. The explanation of decision to retain can be a variety of reasons including "active investigation", "preliminary review in progress", "subject believed still active in jurisdiction", and the like. When information that has been reviewed or updated and a determination made that it continues to meet system submission criteria, the information has been "validated" and begins a new retention period. The regulation limits the retention period to a maximum of five years without a review and validation of the information. OPERATING PRINCIPLES - SECTION 23.20(i) Comment: One commentor requested a definition of "remote terminal" and asked how OJP would determine whether "adequate policies and procedures" are in place to insure the continued integrity of a criminal intelligence system. Response: A "remote terminal" is hardware that enables a participating agency to input into or access information from a project's criminal intelligence data base without the intervention of project staff. While the security requirements set forth in Section 23.20(g)(1 )-(5) should minimize the threat to system integrity from unauthorized access to and the use of system information, special measures are called for when direct remote terminal access is authorized. The Office of Justice Programs will expect any request for approval of remote terminal access to include information on the following system protection measures: 1. Procedures for identification of authorized remote terminals and security of terminals; 2. Authorized access officer (remote terminal operator) identification and verification procedures; 3. Provisions for the levels of dissemination of information as directed by the submitting agency; 4. Provisions for the rejection of submissions unless critical data fields are completed; 5. Technological safeguards on system access, use, dissemination, and review and purge; 6. Physical security of the system; - 12- 7. Training and certification of system-participating agency personnel; 8. Provisions for the audit of system-participating agencies, to include: file data supporting submissions to the system; security of access terminals; and policy and procedure compliance; and 9. Documentation for audit trails of the entire system operation. Moreover, a waiver provision has been added to ensure WBISS West Bay Region Node MOU Agreement Page 37 of 48