We have decided to run a series devoted to helping you understand the requirements of Federal Regulations 28, CFR, Part 23. This is the first installment which sets out the key points.  

28 CFR Part 23 refers to the Code of Federal Regulations, Title 28, Part 23, which establishes guidelines for the operation of criminal intelligence systems and the exchange of information within and between law enforcement agencies. It specifically addresses compliance requirements for gang databases.

Here are the key points to know about 28 CFR Part 23 compliance for gang databases:

1. Purpose and Scope: The regulations aim to ensure the protection of individuals’ privacy rights while allowing law enforcement agencies to collect, maintain, and disseminate criminal intelligence information on individuals and organizations involved in criminal activities, including gang-related activities.
2. Criminal Intelligence Systems: The regulations define a criminal intelligence system as any combination of resources, such as personnel, equipment, and databases, that is used for collecting, analyzing, and disseminating criminal intelligence information. Gang databases are considered part of criminal intelligence systems.
3. System Design: Law enforcement agencies must design their databases to comply with certain core principles outlined in 28 CFR Part 23. These principles include restrictions on the collection, storage, and dissemination of information, as well as safeguards to protect individual privacy rights.
4. Purpose Specification: Information collected in gang databases must have a specified and legitimate law enforcement purpose. This means that agencies must be able to clearly define the purpose for collecting and maintaining information in the database, ensuring that it relates to criminal intelligence and gang-related activities.
5. Data Quality and Accuracy: Law enforcement agencies are responsible for ensuring the accuracy, relevance, and timeliness of the information in gang databases. They should establish procedures to verify and update the data regularly and maintain documentation of the sources and methods used to obtain the information.
6. Retention and Purging: Agencies must establish guidelines for the retention and purging of information in gang databases. They should retain information only as long as necessary for the lawful purpose it serves and should periodically review and remove outdated or inaccurate data. (5 years)
7. Dissemination and Access: The regulations outline restrictions on the dissemination of gang database information. Agencies should only disclose information to authorized personnel and other agencies with a need to know for legitimate law enforcement purposes. Access to the database should be restricted to authorized personnel and protected through security measures.
8. Privacy Protections: The regulations emphasize the protection of individuals’ privacy rights. Agencies must establish and adhere to policies and procedures that safeguard personal information, limit access, and protect against unauthorized use or disclosure of their data.
9. Training and Auditing: Law enforcement agencies should provide training to personnel who are involved in the operation of gang databases to ensure compliance with 28 CFR Part 23. Regular audits should also be conducted to assess compliance and identify areas for improvement.
10. Oversight and Review: The regulations require the establishment of an oversight entity responsible for monitoring and ensuring compliance with 28 CFR Part 23. This entity should conduct periodic reviews, including audits, to assess compliance and provide guidance to agencies.

It’s important to note that 28 CFR Part 23 sets minimum standards, and individual states or local jurisdictions may have additional requirements or regulations specific to their area. Therefore, it is crucial for law enforcement agencies to comply with both federal and state regulations when operating gang databases.

The Intelscope, or Gangscope database, helps you remain compliant with these regulations as it identifies those individuals or files which need to be purged or which need to be reviewed for purging.

The GangScope Team

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GangScope™ is an intelligence database that helps capture, analyze, search and share intelligence on criminals, gangs, and more. GangScope acts as a first-tier, internal database that manages data on known and suspected criminals and gang members. Intelligence is collected per incident and can include qualifiers, associates, acquaintances (points of contact), witnesses, images, and documents. GangScope’s collection of detailed information aids in investigations, analysis and ultimately solving crime. The software complies with standards outlined by federal (28 CFR) policies. While complying with standards, GangScope™ boasts usability through simple yet extensive data mining via search, reports, profiles, and watches.

The overall goal of GangScope™ is to provide law enforcement personnel/ crime analysts/ correctional officers/prosecutors with maximum data through a friendly user interface while remaining cost-effective.  

A non-gang version – IntelScope is also available if needed.

To learn more or to schedule a full demo of our system – request a demo here. We would welcome the opportunity to show you how Gangscope can help your department organize and store your data in a secure and compliant way.