These records include such things as the content of communications medical diagnoses, treatments, and conditions Internet browsings financial transactions physical locations bookstore and library purchases, loans, and browsings other store purchases and browsings and media viewing preferences. Institutional third parties maintain records ranging from the most mundane to those chronicling the most personal aspects of people’s lives, and when those records are stored digitally, access and distribution costs are diminished. (ii) deciding of its own initiative and volition to provide information to law enforcement.Ī legislature or administrative agency may not authorize a protection less than that required by the federal Constitution, nor less than that required by its respective state Constitution. (i) that is a victim of crime disclosing information that is evidence of that crime or that is otherwise intended to protect its rights or property or (e) acquisition of information contemporaneous with its generation or transmission (d) access to records from an individual not acting as an institutional third party (c) access to records via a grand jury subpoena, or in jurisdictions where grand juries are typically not used, a functionally equivalent prosecutorial subpoena (b) access to records after the initiation and in the course of a criminal prosecution (a) access to records for purposes of national security These standards relate to law enforcement investigatory access to, and storage and disclosure of, records maintained by institutional third parties. A “de-identified record” contains information that is not so linkable. (g) A “record” contains information, whether maintained in paper, electronic, or other form, that is linked, or is linkable through reasonable efforts, to an identifiable person. (f) A “politically accountable official” is an upper-level law enforcement official or, in the case of a civil investigation, a civil equivalent, who is either elected or appointed by an elected official, or who is specifically designated for this purpose by an elected or appointed official. (ii) any government institution functioning in a comparable capacity, such as a public hospital or a public university. (i) any nongovernmental entity, including one that receives government funding or that acquires information from government sources and (d) “Law enforcement” means any government officer, agent, or attorney seeking to acquire evidence to be used in the detection, investigation, or prevention of crime. (c) The “focus of a record” is the person or persons to whom the information in a record principally relates. (b) “Exigent circumstances” are circumstances in which there is probable cause to fear imminent destruction of evidence or imminent flight. (a) “Emergency aid” is government conduct intended to eliminate or mitigate what is reasonably believed to be imminent danger of death or serious physical injury.
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