BILL REQ. #: S-3756.1
State of Washington | 61st Legislature | 2010 Regular Session |
Read first time 01/14/10. Referred to Committee on Judiciary.
AN ACT Relating to enhanced intelligence in Washington state; adding a new chapter to Title 42 RCW; and prescribing penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1
NEW SECTION. Sec. 2
NEW SECTION. Sec. 3
(1) "Collect" or "collection" means to preserve in tangible form,
including temporary or permanent storage by electronic means,
information as a record or file of an intelligence data entity, which
is directly or indirectly retrievable by intelligence data entity
personnel. "Collect" or "collection" does not include making personal
notes which are not retrievable by other intelligence data entity
personnel.
(2) "Intelligence data entity" means any state or local government
entity, or any entity in which any segment of the state or local
government is a partner, that collects, analyzes, and shares
information for law enforcement, public safety, or antiterrorism
purposes.
(3) "Protected information" means information about the political,
religious, or social views, associations, or activities of any
individual, group, association, organization, corporation, partnership,
limited liability company, or other business. "Protected information"
does not include materials disseminated to the public by a government
entity.
NEW SECTION. Sec. 4
(a) The information directly relates to an investigation of
criminal activities;
(b) There is reasonable suspicion that the subject of the
information is or may be involved in criminal conduct; and
(c) The entity has made reasonable efforts to exhaust alternative
means.
(2) Any investigation based on protected information, or which is
used to justify the collection or maintenance of protected information,
must be authorized in writing by the executive authority of the
relevant intelligence data entity before the investigation begins or,
if prior written authorization is not possible, within five days after
the investigation begins. This written authorization must specify why
collection or maintenance of protected information is necessary. A
record of this written authorization, including the reasons for its
necessity, must be kept and maintained for a minimum of five years
after the investigation is closed.
NEW SECTION. Sec. 5
(a) The executive authority of the originating intelligence data
entity reviews and authorizes the dissemination in writing before the
dissemination or acceptance occurs or, if prior written authorization
is not possible, within five days after the dissemination or acceptance
occurs. The intelligence data entity shall retain a record of this
written authorization for a minimum of five years;
(b) The collecting and receiving agencies comply with this statute;
and
(c) The originating entity records each instance of dissemination
in a log, containing the name of the subject or subjects and the name
of the entity with whom the subject or subjects' information was
shared.
(2) An intelligence data entity that has disseminated protected
information is exempt from this section if:
(a) The protected information is disseminated to an individual or
group requesting the individual or group's own information;
(b) The protected information is requested by a third party with
the consent of the individual or group that is the subject of the
information; or
(c) The dissemination was required by state or federal law.
NEW SECTION. Sec. 6
(a) The number of investigations authorized under section 4(2) or
5(1)(a) of this act that remain open;
(b) The length of time open investigations authorized under section
4(2) or 5(1)(a) of this act have remained open;
(c) For each open investigation authorized under section 4(2) or
5(1)(a) of this act, a justification for continued collection or
maintenance of protected information;
(d) Since the last audit, the number of investigations for which
authorization under section 4(2) or 5(1)(a) of this act was denied;
(e) Since the last audit, the number of authorized disseminations
under section 5(1) of this act, and to which entity each dissemination
was made;
(f) Since the last audit, the number of investigations authorized
under section 4 of this act that have been closed; and
(g) Certification by the head of the investigating authority or
intelligence data entity that all protected information collected,
stored, or maintained complies with this chapter.
(2) All state or local intelligence data entities shall review all
protected information recorded in any investigation file during each
audit. All intelligence data entities shall immediately destroy
protected information that is not accurate or relevant to an ongoing
criminal investigation. The intelligence data entity shall make
reasonable efforts to ensure the accuracy of protected information.
(3) The intelligence data entity shall retain documents related to
the authorization and termination of investigations based wholly or
partially on protected information collected pursuant to section 4 of
this act, and any authorization to disseminate protected information
pursuant to section 5(1)(c) of this act.
NEW SECTION. Sec. 7
(1) To request and receive any protected information that has been
collected in which he or she is included or referenced;
(2) To request and receive any dissemination log, as required by
section 5(1)(c) of this act, listing with whom his or her protected
information has been shared, accessed, or disseminated;
(3) To require destruction of all protected information that is not
directly related to an ongoing, authorized investigation; and
(4) To require destruction of requester's protected information by
any recipients.
NEW SECTION. Sec. 8
(2) The auditor shall conduct an in-place audit of intelligence
data entity files and records at unscheduled intervals. The
intelligence data entity shall provide temporary space for the auditor
to conduct the audit in secure areas close to the records to be
reviewed.
(3) The auditor shall publish a report containing a general
description of the files and records reviewed and a discussion of any
substantial violation of this chapter discovered during the audit.
NEW SECTION. Sec. 9
(2) On a finding by the court that an unsuccessful pleading,
motion, or other paper filed in connection with an action under this
section was filed in bad faith or for purposes of harassment, the court
shall award to the prevailing party attorneys' fees reasonable in
relation to the work expended in responding to the pleading, motion, or
other paper.
NEW SECTION. Sec. 10 Sections 1 through 9 of this act constitute
a new chapter in Title