PRIOR PRINTER'S NOS. 2645, 3325 PRINTER'S NO. 3490
No. 2095 Session of 1978
INTRODUCED BY MESSRS. BERSON, RHODES, PRATT AND WHITE, MARCH 13,
1978
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 22, 1978
AN ACT
1 Relating to criminal history record information; providing for
2 the protection of individual right to privacy and for the
3 completeness and accuracy of, the control of dissemination
4 of, the establishment of guidelines for the security of, and
5 provision for quality control of criminal history record
6 information; and providing for the right of individuals to
7 inspect, review and challenge the accuracy of such
8 information and the establishment of a council to oversee the
9 administration of this act; and providing penalties for
10 violations of this act.
11 TABLE OF CONTENTS
12 Chapter 1. General Provisions
13 Section 101. Short title.
14 Section 102. Definitions.
15 Section 103. Applicability.
16 Section 104. Scope.
17 Section 105. Other criminal justice information.
18 Chapter 2. Completeness and Accuracy
19 Section 201. Duties of criminal justice agencies.
20 Section 202. Mandatory fingerprinting.
21 Section 203. Disposition reporting by criminal justice
1 agencies.
2 Section 204. Correction of inaccurate information.
3 Chapter 3. Dissemination of Criminal History Record
4 Information
5 Section 301. General regulations.
6 Section 302. Access to criminal history record information.
7 Section 303. Expungement.
8 Chapter 4. Security
9 Section 401. Security requirements for repositories.
10 Chapter 5. Audit
11 Section 501. Annual audit of repositories.
12 Section 502. Quality control.
13 Chapter 6. Individual Right of Access and Review
14 Section 601. Right to access and review.
15 Section 602. Procedure.
16 Section 603. Individual rights on access and review.
17 Chapter 7. Privacy and Security Council
18 Section 701. Privacy and Security Council.
19 Section 702. Duties of Privacy and Security Council.
20 Chapter 8. Public Notice.
21 Section 801. Requirements of repositories relating to
22 public notice.
23 Chapter 9. Sanctions
24 Section 901. General administrative sanctions.
25 Section 902. Criminal penalties.
26 Section 903. Civil actions.
27 Chapter 10. Effective Date and Repealer
28 Section 1001. Repealer.
29 Section 1002. Effective date.
30 The General Assembly of the Commonwealth of Pennsylvania
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1 hereby enacts as follows:
2 CHAPTER 1
3 GENERAL PROVISIONS
4 Section 101. Short title.
5 This act shall be known and may be cited as the "Criminal
6 History Record Information Act."
7 Section 102. Definitions.
8 The following words and phrases when used in this act shall
9 have the meanings given to them in this section, unless the
10 context clearly indicates otherwise:
11 "Administration of criminal justice." The activities
12 directly concerned with the prevention, control or reduction of
13 crime, the apprehension, detention, pretrial release, post-trial
14 release, prosecution, adjudication, correctional supervision or
15 rehabilitation of accused persons or criminal offenders;
16 criminal identification activities; or the collection, storage
17 dissemination or usage of criminal history record information.
18 "Audit." The process of reviewing compliance with applicable
19 Federal and State laws and regulations related to the privacy
20 and security of criminal history record information.
21 "Central repository." The central location for the
22 collection, compilation, maintenance and dissemination of
23 criminal history record information by the Pennsylvania State
24 Police.
25 "Criminal history record information." Information collected
26 by criminal justice agencies concerning individuals, consisting
27 of identifiable descriptions, DATES and notations of arrests, <--
28 detentions, indictments, informations or other formal charges
29 and any dispositions arising therefrom. The term does not
30 include intelligence information, investigative information or
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1 treatment information, including medical and psychological
2 information, or information and records specified in section
3 104. of this act. <--
4 "Criminal justice agency." Any court, including the minor
5 judiciary, with criminal jurisdiction or any other governmental
6 agency, or subunit thereof, created by statute or by the State
7 or Federal constitutions, specifically authorized to perform as
8 its principal function the administration of criminal justice,
9 and which allocates a substantial portion of its annual budget
10 to such function. Criminal justice agencies include, but are not
11 limited to: organized State and municipal police departments,
12 local detention facilities, county, regional and State
13 correctional facilities, probation agencies, district or
14 prosecuting attorneys, parole boards and pardon boards.
15 "Disposition." Information indicating that criminal
16 proceedings have been concluded, including information
17 disclosing that police have elected not to refer a matter for
18 prosecution, that a prosecuting authority has elected not to
19 commence criminal proceedings or that a grand jury has failed to
20 indict and disclosing the nature of the termination of the
21 proceedings; or information disclosing that proceedings have
22 been indefinitely postponed and also disclosing the reason for
23 such postponement. Dispositions of criminal proceedings in the
24 Commonwealth shall include, but not be limited to, acquittal,
25 acquittal by reason of insanity, pretrial probation or
26 diversion, charge dismissed, guilty plea, nolle prosequi, no
27 information filed, nolo contendere plea, convicted, abatement,
28 discharge under rules of the Pennsylvania Rules of Criminal
29 Procedure, demurrer sustained, pardoned, sentence commuted,
30 mistrial-defendant discharged, discharge from probation or
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1 parole or correctional supervision.
2 "Dissemination." The oral or written transmission or
3 disclosure of criminal history record information, including the
4 confirmation of its existence or nonexistence, to individuals or
5 agencies other than the criminal justice agency which maintains
6 the information.
7 "Expunge."
8 (1) to remove information so that there is no trace or
9 indication that such information existed; or
10 (2) to eliminate all identifiers which may be used to
11 trace the identity of an individual, allowing remaining data
12 to be used for statistical purposes.
13 "Repository." Any location in which criminal history record
14 information is collected, compiled, maintained and disseminated
15 by a criminal justice agency.
16 "Secondary dissemination." The subsequent transmission or
17 disclosure of criminal history record information received from
18 a repository or confirmation of the existence or nonexistence of
19 criminal history record information received from a repository.
20 Section 103. Applicability.
21 This act shall apply to persons within the Commonwealth and
22 to any agency of the Commonwealth or its political subdivisions
23 which collects, maintains, disseminates or receives criminal
24 history record information.
25 Section 104. Scope.
26 (a) Except for the provisions of Chapters 2, 4 and 6,
27 nothing in this act shall be construed to apply to:
28 (1) Original records of entry compiled chronologically,
29 including, but not limited to, police blotters.
30 (2) Any documents, records or indices prepared or
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1 maintained by or filed in any court of this Commonwealth,
2 including but not limited to the minor judiciary.
3 (3) Posters, announcements, or lists for identifying or
4 apprehending fugitives or wanted persons.
5 (4) Announcements of executive clemency.
6 (b) Court dockets and police blotters and information
7 contained therein shall, for the purpose of this act, be
8 considered public record.
9 (c) Where court dockets are not maintained any reasonable
10 substitute containing that information traditionally available
11 in court dockets shall, for the purpose of this act, be
12 considered public record.
13 (d) Nothing in this act must be interpreted to limit the
14 disclosure by the arresting authority, a court, or other
15 criminal justice agency having legal jurisdiction over the
16 individual to any individual or agency of the current status of
17 an individual involved in a criminal case in progress or for
18 which an individual is currently in the criminal justice system
19 so long as such information is disseminated no more than 180
20 days from the occurrence of any final official action by or
21 final release from the supervision, custody or jurisdiction of
22 that agency.
23 (e) Nothing in this act shall prohibit a criminal justice
24 agency from disclosing an individual's prior criminal activity
25 to an individual or agency if the information disclosed is based
26 on records set forth in section 104.
27 (f) Information collected by noncriminal justice agencies
28 and individuals from the sources identified in this section
29 shall not be considered criminal history record information.
30 Section 105. Other criminal justice information.
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1 Nothing in this act shall be construed to apply to
2 information concerning juveniles unless they have been
3 adjudicated as adults, nor shall it apply to intelligence
4 information, investigative information, treatment information,
5 including medical and psychiatric information, caution indicator
6 information, modus operandi information, wanted persons
7 information, stolen property information, missing persons
8 information, employment history information, personal history
9 information, nor presentence investigation information. Criminal
10 history record information maintained as a part of these records
11 shall not be disseminated unless in compliance with the
12 provisions of this act.
13 CHAPTER 2
14 COMPLETENESS AND ACCURACY
15 Section 201. Duties of criminal justice agencies.
16 It shall be the duty of every criminal justice agency within
17 the Commonwealth to maintain complete and accurate criminal
18 history record information as required by the Privacy and
19 Security Council as provided in Chapter 7 AND TO REPORT SUCH <--
20 information at such times and in such manner as required by the
21 provisions of this or other acts.
22 Section 202. Mandatory fingerprinting.
23 (a) Fingerprints of all persons arrested for a felony,
24 misdemeanor or summary offense which becomes a misdemeanor on a
25 second arrest after conviction of that summary offense, shall be
26 taken by the arresting authority, and within 48 hours of the
27 arrest, shall be forwarded to, and in a manner and such a form
28 as provided by, the central repository.
29 (b) Where private complaints for a felony or misdemeanor
30 result in a conviction or offenses under 18 Pa.C.S. § 3929
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1 (relating to retail theft), the issuing authority shall order
2 the defendant to submit for fingerprinting by the municipal
3 police of the jurisdiction in which the offense allegedly was
4 committed or in the absence of a police department the State
5 police. Fingerprints so obtained shall be forwarded immediately
6 to the central repository.
7 (c) The central repository shall transmit the criminal
8 history record information to the criminal justice agency which
9 submitted the fingerprint card.
10 Section 203. Disposition reporting by criminal justice
11 agencies.
12 (a) All criminal justice agencies, including but not limited
13 to, courts, county, regional and State correctional institutions
14 and parole and probation agencies, shall collect and submit
15 reports of dispositions occurring within their respective
16 agencies for criminal history record information, within 90 days
17 of the date of such disposition to the central repository as
18 provided for in this section.
19 (b) Courts shall collect and submit criminal court
20 dispositions as required by the Administrative Office of
21 Pennsylvania Courts.
22 (c) County and regional correctional institutions shall
23 collect and submit information regarding the admission, release
24 and length of sentence of individuals sentenced to local and
25 county institutions as required by the Bureau of Correction.
26 (d) County probation and parole offices shall collect and
27 submit information relating to the length of time and charges
28 for which an individual is placed under and released from the
29 jurisdiction of such agency as required by the Pennsylvania
30 Board of Probation and Parole.
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1 (e) The Administrative Office of Pennsylvania Courts, the
2 Bureau of Correction, the Pennsylvania Board of Probation and
3 Parole and the Pennsylvania Board of Pardons, shall collect and
4 submit to the central repository such information necessary to
5 maintain complete and accurate criminal history record
6 information. Such criminal history record information shall be
7 submitted in accordance with the standards for completeness and
8 accuracy promulgated by the Privacy and Security Council. Each
9 state agency listed in this subsection shall submit to the
10 central repository any reports of dispositions occurring within
11 their respective agencies and such information reported from
12 county and local criminal justice agencies.
13 Section 204. Correction of inaccurate information.
14 (a) Within 15 days of the detection of inaccurate data in a <--
15 criminal history record, regardless of the manner of discovery,
16 the criminal justice agency which reported the information shall
17 comply with the following procedures to effect correction:
18 (1) Correct its own records.
19 (2) Notify all recipients, including the central
20 repository, of the inaccurate data and the required
21 correction.
22 CHAPTER 3
23 DISSEMINATION OF CRIMINAL HISTORY RECORD INFORMATION
24 Section 301. General regulations.
25 (a) No dissemination of criminal history record information
26 is permitted except as provided for by this act or by rule of
27 court promulgated by the Supreme Court of Pennsylvania or by
28 resolution of either House of the General Assembly. No
29 administrative rule or regulation promulgated by any
30 Commonwealth agency, referring to or inferring the need for
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1 criminal history record information, shall be sufficient
2 authority for the dissemination of criminal history record
3 information.
4 (b) Any criminal justice agency which disseminates criminal
5 history record information must indicate to the recipient that
6 the information disseminated is only that information contained
7 in its own file, the date of the last entry, and that a summary
8 of the Statewide criminal history record information may be
9 obtained from the central repository.
10 (c) Except during joint criminal investigations, no
11 secondary dissemination of criminal history record information
12 is permitted except as provided for by this act.
13 (d) No duplication of criminal history record information by
14 any agency or individual receiving criminal history record
15 information is permitted.
16 (e) All noncriminal justice agencies or individuals or
17 agencies receiving criminal history record information must
18 return to the disseminating agency or destroy, in accordance
19 with an agreement with the repository, all such information
20 received upon completion of the specific purpose for which
21 criminal history record information was received; nor shall such
22 information be permanently incorporated into the files or
23 records of the agency or individual receiving it.
24 (f) Repositories must enter as a permanent part of an
25 individual's criminal history record information file, a listing
26 of all persons and agencies to whom they have disseminated that
27 particular criminal history record information and the date and
28 purpose for which the information was disseminated. Such listing
29 shall be maintained separate from the record itself.
30 (g) Repositories shall ensure that criminal history record
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1 information is disseminated only to agencies or individuals
2 authorized by the provisions of this act to receive such
3 information.
4 (h) No agency or individual shall confirm or deny in any
5 manner the existence or nonexistence of criminal history record
6 information to any person or agency not eligible to receive the
7 information itself unless such information is obtained from
8 records identified in section 104. of this act. <--
9 (i) Any noncriminal justice official, agency or organization
10 requesting criminal history record information prior to receipt
11 of any such criminal history record information, must sign a
12 contract with the repository from which it is seeking criminal
13 history record information, agreeing to abide by the provisions
14 of this act. Any such noncriminal justice official, agency or
15 organization entering into such a contract with a repository is
16 bound by and subject to the provisions of this act.
17 (j) Except as otherwise provided in this act, no criminal
18 history record information acquired from repositories other than
19 the central repository shall be permanently incorporated into
20 the files or records of the criminal justice agency or
21 individual and must be destroyed upon completion of the specific
22 purpose for which such information was received.
23 Section 302. Access to criminal history record information.
24 (a) Access to criminal history record information shall be
25 limited to:
26 (1) Criminal justice agencies for the purpose of the
27 administration of criminal justice and criminal justice
28 agency employment.
29 (2) Auditors working under the direction of the Privacy
30 and Security Council.
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1 (3) Such other individuals and agencies authorized by
2 statute to receive criminal history record information or
3 which require criminal history record information to
4 implement a statute expressly referring to criminal conduct
5 and containing either requirements or exclusions or both
6 expressly based upon such criminal conduct.
7 (4) Agencies of Federal, State and foreign governments
8 authorized by statute to conduct investigations determining
9 employment suitability or eligibility for security
10 clearances.
11 (5) (i) The chief executive of any Federal, State or
12 local government or any governmental body of the same
13 required to confirm an appointment or nomination for the
14 purpose of determining the suitability of a potential
15 appointment or nomination of an individual to a
16 governmental position.
17 (ii) The office of the Governor may make a request
18 to any repository for an oral report concerning the
19 contents of the criminal history record information
20 maintained on a prospective appointee to a Commonwealth
21 board or commission. A copy of the criminal history
22 record information will be provided upon receipt of
23 fingerprint identification of the subject about whom
24 criminal history record information is sought.
25 (iii) The office of the Governor, in order to assist
26 the Governor in the exercise of the pardoning power
27 provided by Article IV, section 9 of Constitution of
28 Pennsylvania.
29 (6) Defense counsel, through the court, for the purpose
30 of obtaining criminal history record information about a
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1 client or witness with regard to a case in progress.
2 (7) (i) Individuals and agencies for the express
3 purpose of research, evaluative or statistical
4 activities, pursuant , or other services required for <--
5 administration of criminal justice PURSUANT to an <--
6 agreement with the disseminating agency which authorizes
7 access to criminal history record information, limits the
8 use of criminal history record information to research,
9 evaluative or statistical purposes and ensures the
10 confidentiality and security of the criminal history
11 record information, consistent with this act. Such
12 individuals and agencies are bound by and subject to the
13 provisions of this act.
14 (ii) Requests by any noncriminal justice agency,
15 individual or organization for criminal history record
16 information for research or statistical purposes,
17 requiring the identity of persons about whom such records
18 are maintained, must be approved by the Privacy and
19 Security Council. Any individual or agency requesting
20 criminal history record information for research or
21 statistical purposes must submit a research proposal to
22 the Privacy and Security Council.
23 (8) Officials of correctional facilities or
24 institutions, with the consent of the individual about whom
25 information is sought, may disseminate criminal history
26 record information to prospective employers or other
27 individuals, when such information is helpful in obtaining
28 employment or rehabilitating the individual about whom the
29 information relates.
30 (9) Any individual, upon request and proper verification
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1 of identity, for the purpose of reviewing his own criminal
2 history record information, according to the procedure set
3 forth in Chapter 6.
4 (10) Agencies authorized to issue visas or grant
5 citizenship.
6 (11) Individuals and agencies authorized by a court
7 order to receive criminal history record information relating
8 to a case in progress.
9 (b) (12) The Pennsylvania Department of Banking, the <--
10 Pennsylvania Insurance Department and the Pennsylvania
11 Department of Education shall have access to criminal history
12 record information maintained in the central repository for the
13 purpose of determining the employment suitability of any
14 employee; or nomination or appointment of directors, trustees
15 and proposed officers; for the granting of charters; issuance of
16 any license, certificate or permits; or the revocation or
17 suspension of such license, permit or certification of any
18 agency, institution, individual or affiliate thereof over which
19 they have legal authority or jurisdiction, including services
20 performed under contract or other written agreement by any such
21 agency, institution or individual.
22 (c) (B) Fingerprint identification of the individual about <--
23 whom information is requested shall be required under paragraphs
24 (3), (5)(i) and (10) of subsection (a).
25 Section 303. Expungement.
26 (a) Criminal history record information shall be expunged in
27 a specific criminal proceeding when:
28 (1) no disposition has been received or, upon request
29 for criminal history record information, no disposition has
30 been recorded in the repository within 18 months after the
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1 date of arrest AND the court of proper jurisdiction certifies <--
2 to the directory DIRECTOR of the repository that no <--
3 disposition is available and no action is pending.
4 Expungement shall not occur until the certification from the
5 court is received and the director of the repository
6 authorizes such expungement; or
7 (2) a court order requires that such nonconviction data
8 be expunged.
9 (b) Criminal history record information may be expunged
10 when:
11 (1) an individual who is the subject of the information
12 reaches 70 years of age and has been free of arrest or
13 prosecution for ten years following final release from
14 confinement or supervision; or
15 (2) an individual who is the subject of the information
16 has been dead for three years.
17 (c) Requests for criminal history record information which
18 has been expunged must be answered only with a statement that no
19 such information exists.
20 (d) Notice of expungement shall promptly be submitted to the
21 central respository which shall notify all criminal justice
22 agencies which have received the criminal history record
23 information to be expunged.
24 (e) Public records listed in section 104 shall not be
25 expunged.
26 CHAPTER 4
27 SECURITY
28 Section 401. Security requirements for repositories.
29 Every criminal justice agency collecting, storing or
30 disseminating criminal history record information shall ensure
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1 the confidentiality and security of criminal history record
2 information by providing that wherever such information is
3 maintained, a criminal justice agency must:
4 (1) Institute procedures to reasonably protect any
5 repository from theft, fire, sabotage, flood, wind or other
6 natural or man-made disasters.
7 (2) Select, supervise, educate and train all personnel <--
8 authorized to have access to criminal history record
9 information.
10 (3) Ensure that, where computerized data processing is
11 employed, the equipment utilized for maintaining criminal
12 history record information is solely dedicated to purposes
13 related to the administration of criminal justice, or, if the
14 equipment is not used solely for the administration of
15 criminal justice, the criminal justice agency shall be
16 accorded equal management participation in computer
17 operations used to maintain the criminal history record
18 information.
19 (4) Provide that criminal history record information
20 maintained in a repository is disseminated upon proper
21 validation only to those individuals and agencies authorized
22 to receive the information by the provisions of this act.
23 CHAPTER 5
24 AUDIT
25 Section 501. Annual audit of repositories.
26 (a) The Privacy and Security Council shall establish an
27 auditing team to conduct annual audits of the central repository
28 and of a representative sample of all repositories to ensure
29 that the provisions of this act are upheld.
30 (b) Persons conducting the audit shall be provided access to
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1 all records, reports and listings required to conduct an audit
2 of criminal history record information, and all persons with
3 access to such information or authorized to receive such
4 information shall cooperate with and provide information
5 requested by the auditing team.
6 (c) The auditing team shall prepare a report of deficiencies
7 and recommendations for the correction of such deficiencies.
8 Upon the completion of every audit, the audited agency shall
9 carry out the recommendations within a reasonable period of time
10 unless the audit report is appealed to the Privacy and Security
11 Council and the appeal is upheld.
12 (d) The Privacy and Security Council shall have the power to
13 modify the corrective measures ordered by the auditing team.
14 Section 502. Quality control.
15 Each repository shall establish effective procedures, in
16 compliance with rules and regulations promulgated by the Privacy
17 and Security Council, for the completeness and accuracy of
18 criminal history record information.
19 CHAPTER 6
20 INDIVIDUAL RIGHT OF ACCESS AND REVIEW
21 Section 601. Right to access and review.
22 (a) Any individual or his legal representative has the right
23 to review, challenge, and appeal the accuracy and completeness
24 of his criminal history record information.
25 (b) Persons incarcerated in correctional facilities and
26 institutions may authorize a correctional employee to obtain a
27 copy of their criminal history record information for the
28 purpose of review, challenge and appeal.
29 Section 602. Procedure.
30 (a) The Privacy and Security Council shall promulgate rules
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1 and regulations to implement this section and shall establish
2 reasonable fees.
3 (b) Any individual requesting to review his or her own
4 criminal history record information shall submit proper
5 identification to the criminal justice agency which maintains
6 his or her record. Proper identification shall be determined by
7 the officials of the repository where the request is made. If
8 criminal history record information exists the individual may
9 review a copy of such information without undue delay for the
10 purpose of review and challenge.
11 (c) The individual may challenge the accuracy of his or her
12 criminal history record information by specifying which portion
13 of the record is incorrect and what the correct version should
14 be. Failure to challenge any portion of the record in existence
15 at that time will place the burden of proving the inaccuracy of
16 any part subsequently challenged upon the individual.
17 Information subsequently added to such record shall also be
18 subject to review, challenge, correction or appeal.
19 (d) All criminal justice agencies shall have 60 days to
20 conduct a review of any challenge and shall have the burden of
21 proving the accuracy of the record. If the challenge is deemed
22 valid, the appropriate officials must ensure that:
23 (1) The criminal history record information is
24 corrected.
25 (2) A certified and corrected copy of the criminal
26 history record information is provided to the individual.
27 (3) Prior erroneous criminal history record information
28 disseminated to criminal justice agencies shall be destroyed
29 or returned and replaced with corrected information.
30 (4) The individual is supplied with the names of those
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1 noncriminal justice agencies and individuals which have
2 received erroneous criminal history record information.
3 (e) (1) If the challenge is ruled invalid, an individual
4 has the right to appeal the decision to the Privacy and
5 Security Council within 30 days of notification of the
6 decision by the criminal justice agency.
7 (2) The Privacy and Security Council shall have the
8 authority to conduct administrative appeal hearings in
9 accordance with the act of June 4, 1945 (P.L.1388, No.442),
10 known as the "Administrative Agency Law."
11 (3) The decision of the Privacy and Security Council may
12 be appealed to the Commonwealth Court by an aggrieved
13 individual.
14 Section 603. Individual rights on access and review.
15 Any individual exercising his or her right to access and
16 review under the provisions of this chapter, shall be informed
17 when criminal history record information is made available that
18 he or she is under no obligation to divulge such information to
19 any person or agency.
20 CHAPTER 7
21 PRIVACY AND SECURITY COUNCIL
22 Section 701. Privacy and Security Council.
23 (a) There is hereby created a Privacy and Security Council,
24 which shall function independently of but for administrative
25 purposes shall be in the office of the Governor.
26 (b) The Privacy and Security Council shall consist of the
27 Attorney General, the Commissioner of the Pennsylvania State
28 Police, the State Court Administrator, the President pro tempore
29 of the Senate shall appoint one member, and the Speaker of the
30 House shall appoint one member, a local chief of police and one
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1 private citizen to be appointed by the Governor.
2 (c) Each member shall be eligible for reappointment and the
3 Governor shall fill vacancies by appointing a person to fill the
4 unexpired term.
5 (d) The council shall elect one member of the Privacy and
6 Security Council as chairperson thereof, to serve as such at the
7 pleasure of the Governor.
8 (e) Members of the Privacy and Security Council shall
9 receive no compensation but shall be entitled to receive
10 reimbursement for travel and other necessary expenses incurred
11 in the performance of their duties as members of the Privacy and
12 Security Council.
13 Section 702. Duties of Privacy and Security Council.
14 The Privacy and Security Council shall have the power and
15 authority to:
16 (1) Establish rules and regulations for criminal history
17 record information with respect to security, completeness,
18 accuracy, individual access and review, quality control and
19 audits of repositories.
20 (2) Establish a uniform schedule of reasonable fees for
21 the costs of reproducing criminal history record information
22 for individual access and review and for research or
23 statistical purposes and access by noncriminal justice
24 agencies.
25 (3) Conduct hearings to further the purposes of this
26 act.
27 (4) Make investigations concerning all matters touching
28 the administration and enforcement of this act and the rules
29 and regulations promulgated thereunder.
30 (5) Issue subpoenas over the signature of the chairman,
19780H2095B3490 - 20 -
1 after approved by a majority of the members of the council,
2 to require the attendance of witnesses and the production of
3 records and papers pertaining to any investigation or inquiry
4 concerning matters relating to this act. The fees for such
5 witnesses for travel and attendance shall be the same as for
6 witnesses appearing in the courts and shall be paid from
7 appropriations made to the council.
8 (6) Institute, through the office of the Attorney
9 General, civil and criminal proceedings for violations of
10 this act and the rules and regulations adopted thereunder.
11 (7) Conduct annual audits of the central repository and
12 of a representative sample of all repositories within the
13 Commonwealth, collecting, compiling, maintaining and
14 disseminating criminal history record information.
15 (8) Appoint such employees and agents as it may deem
16 necessary.
17 (9) Define which noncriminal justice agencies may have
18 access to criminal history record information as provided in
19 section 302.
20 (10) Carry out all other powers, duties and
21 responsibilities given to it by this act.
22 CHAPTER 8
23 PUBLIC NOTICE
24 Section 801. Requirements of repositories relating to public
25 notice.
26 Repositories maintaining criminal history record information
27 shall inform the public and post in a public place, notice of
28 the existence, purpose, use and accessibility of the criminal
29 history record information they maintain and the requirements of
30 the repository for identification on individual access and
19780H2095B3490 - 21 -
1 review.
2 CHAPTER 9
3 SANCTIONS
4 Section 901. General administrative sanctions.
5 Any person, including any agency or organization, who
6 violates the provisions of this act or any regulations or rules
7 promulgated under it may:
8 (1) Be denied access to specified criminal history
9 record information for such period of time as the Privacy and
10 Security Council deems appropriate.
11 (2) Be subject to civil or criminal penalties or other
12 remedies as provided for in this act.
13 (3) In the case of an employee of any agency who
14 violates any provision of this act may be administratively
15 disciplined by discharge, suspension, reduction in grade,
16 transfer or other formal disciplinary action as the agency
17 deems appropriate.
18 Section 902. Criminal penalties.
19 A person employed by a government agency commits a misdemeanor
20 of the third degree, if such person:
21 (1) knowningly KNOWINGLY requests, obtains or seeks to <--
22 obtain criminal history record information in violation of
23 this act; or
24 (2) disseminates, maintains or uses criminal history
25 record information knowing such dissemination, maintenance or
26 use to be in violation of this act.
27 Section 903. Civil actions.
28 (a) The Privacy and Security Council, through the Attorney
29 General, or any other individual or agency may institute an
30 action in a court of proper jurisdiction against any person,
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1 agency or organization to enjoin any criminal justice agency,
2 noncriminal justice agency, organization or individual violating
3 the provisions of this act or to compel such agency,
4 organization or person to comply with the provisions of this
5 act.
6 (b) (1) Any person aggrieved by a violation of the
7 provisions of this act or of the rules and regulations
8 promulgated hereunder, shall have the substantive right to
9 bring an action for damages by reason of such violation in a
10 court of competent jurisdiction.
11 (2) A person found, by the court, to have been aggrieved
12 by a violation of this act or the rules or regulations
13 promulgated hereunder, shall be entitled to actual and real
14 damages of not less than $100 for each violation and to
15 reasonable costs of litigation and attorney's fees. Exemplary
16 and punitive damages of not less than $1,000 nor more than
17 $10,000 shall be imposed for any violation of this act, or
18 the rules or regulations adopted hereunder, found to be
19 willful.
20 CHAPTER 10
21 EFFECTIVE DATE AND REPEALER
22 Section 1001. Repealer.
23 All acts and parts of acts are repealed insofar as they are
24 inconsistent herewith.
25 Section 1002. Effective date.
26 (a) This act shall take effect in 90 days except Chapter 7
27 and section 202 which shall take effect on July 1, 1979.
28 (b) Required expungement provision in section 303 (a)(1) is
29 not applicable to criminal proceedings initiated or completed
30 prior to the effective date of this act unless requested by the
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1 individual as provided in Chapter 6.
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