Criminal Justice Information Control and Protection of Privacy Act

Criminal Justice Information Control and Protection of Privacy Act - Title I: Findings and Declaration of Policy; Definitions - Declares uniform Federal legislation; and that in order to insure the security of criminal justice information systems, and to protect the privacy of individuals named in such systems, it is necessary and proper for the Congress to regulate the exchange of such information. Sets forth the definitions of terms used in this Act.

Title II: Collection and Dissemination of Criminal Justice Information and Criminal Justice Intelligence Information - Provides that criminal justice information can only be used for criminal justice purposes unless a state or Federal statute specifically authorizes dissemination of conviction records to non-criminal justice agencies. Permits researchers access to the information only if the privacy of the subjects of the information is protected.

Provides that among criminal justice agencies, with enumerated exceptions: (1) corrections and release information can be disseminated outside of the agency which collected it only where expressly authorized by State or Federal statute; (2) fingerprint information may be freely disseminated as long as no stigma is attached; (3) wanted persons information (identifying information on a fugitive) may be disseminated liberally for the purpose of apprehending the fugitive; and (4) raw arrest records and records of criminal proceedings which did not result in conviction could be exchanged in defined situations.

Prohibits agencies or persons who lawfully gain access to information from using the information for a purpose or from disseminating the information in a manner not permitted by this Act.

Places limitations on access to criminal justice information via categories other than name. Requires investigators to get a court order before accessing a criminal justice data bank by offense.

Requires every agency or information system covered by this Act to promulgate regulations on security, accuracy, updating and purging. Sets out what such regulations must provide, including that they must provide a method for informing users of changes in disseminated information and for the purging of old, outdated and irrelevant information.

Requires every agency or information system to establish a process for access and challenge of incorrect or inaccurate information. Details what such regulations must provide.

Places limitations on the collection and dissemination of intelligence information. States that such information may not be maintained in automated systems and must be kept separate and apart from all other criminal justice files.

Title III: Administrative Provisions; Regulations; Civil Remedies; Criminal Penalties - Creates a Federal-state administrative structure for enforcement of this Act. Establishes a Federal Information Systems Board as an independent agency with general responsibility for administration and enforcement of this Act. Provides that the Board would be composed of representatives of the Department of Justice and two other Federal agencies, plus six other members nominated by the President, with the advice and consent of the Senate.

Provides that the Board would have the authority to issue general regulations applying the Act's policies. Empowers the Board to: (1) operate the interstate information system authorized by this Act; (2) conduct audits; (3) to conduct general studies of information systems; and (4) to make recommendations to the Congress for additional legislation.

Creates an Information Systems Advisory Committee, composed of one representative from each State, to advise the Board on all of the Board's responsibilities and on the Board's operation of the interstate information system.

Requires the Federal Information Systems Board to issue regulations which implement this Act.

Requires each State to establish a central administrative agency, separate and apart from existing criminal justice agencies, with broad authority to oversee and regulate systems in that State.

Requires every information system or agency to give public notice, once annually, of the type of information it collects and disseminates, its sources, purpose, function, administrative director or other pertinent information. Requires every system or agency to give public notice of an expansion and any new system to give public notice before it becomes operational so that interested parties will have an opportunity to comment.

Requires audits of systems and agencies which collect and disseminate information. States that such audits are to be conducted by the Federal Information Systems Board, by an independent State agency and by each criminal justice agency.

Permits the Federal Government to operate an interstate criminal justice information system under the policy control of the Federal-State board. Limits information contained in such system to an index containing the subject's name and the name of the State or local agency which possesses a more complete file.

Lists administrative actions that may be taken by the Federal Information Systems Board in the event that a criminal justice information system is found to have violated any provision of this Act.

Provides the judicial machinery for the exercise of the right granted in this Act. Provides that aggrieved individuals may obtain both injunctive relief and damages, $100 recovery for each violation, actual and general damages, attorney's fees, and other litigation costs whether violations were willful or negligent.

Provides criminal penalties for violations of this Act.

Provides that any State statute, State regulation or Federal regulation which imposes stricter privacy requirements on the operation of criminal justice information systems or upon the exchange of criminal justice information takes precedence over this Act or any regulations issued pursuant to this Act or any other State law when a conflict arises.

Authorizes the appropriation of such funds as the Congress deems necessary for the purposes of this Act.