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Home My WebLink AboutDEA LPR Data Share MOU - Marana PD - AZNational License Plate Reader Program - Data Sharing MEMORANDUM OF UNDERSTANDING between the Marana Police Department, Marana, Arizona and the U.S. Department of Justice, Drug Enforcement Administration regarding License Plate Reader Information 1.PARTIES The Parties to this Memorandum of Understanding (MOU) are the Marana Police Department and the U.S. Department of Justice, Drug Enforcement Administration (DEA), collectively ''the Parties." 2.PURPOSE The purpose of this MOU is to support the missions of the Marana Police Department and DEA by 1) establishing the terms and conditions for sharing license plate reader (LPR) information and 2) establishing the terms and conditions for the Parties' use and further dissemination of LPR information. 3.DEFINITIONS 3.1 "License Plate Readers" (LPRs) are devices that capture LPR information regarding vehicles in the vicinity of the LPR. 3.2 ''LPR information" is information obtained by an LPR. Typically, it includes images of vehicles and license plates, the location at which the vehicle/license plate was photographed, the date and time the images were captured, and identifying information for the LPR itself. It may also include images of the drivers and occupants of the vehicles and passersby. 3.3 "The National License Plate Reader Network" (the NLPRN) is a network created and managed by DEA that contains LPR information obtained from LPRs belonging to federal state, local and tribal law enforcement officials and that is accessed by federal state, local and tribal law enforcement officials. The network allows law enforcement officials to search LPR information contained within the network. 4.AUTHORITIES 00075305.DOC /1 l of 5 National License Plate Reader Program - Data Sharing 4.1 The Marana Police Department is authorized to enter into this MOU pursuant to A.R.S. §11-952. 4.2 DEA is authorized to enter into this MOU pursuant to the Comprehensive Drug Abuse Prevention and Control Act of 1970, as amended, 21 U.S.C. § 80l et seq. The specific authority for DEA to enter into cooperative agreements for the exchange of information between governmental officials concerning the use and abuse of controlled substances is 21 U.S.C. § 873. 5.SHARING AND USE OF LPR INFORMATION 5.1 The Sharing of LPR Information 5.1. I The Marana Police Department shall provide DEA with LPR information in near real-time. The information shall be transmitted via a method agreed to by both parties, which may include, but is not limited to, VPN, secure Internet connection or approved direct server feed. 5.1.2 The Marana Police Department if capable, shall tag the LPR information it provides to DEA so that subsequent recipients can ascertain from which agency it originated. If Marana Police Department is not capable of tagging the LPR information, DEA will tag the LPR information to indicate which agency it came from. 5.1.3 Employees whom Marana Police Department sponsors, who apply for access to the NLPRN, and whom DEA authorizes shall be permitted to access LPR information in the NLPRN. 5.1.4 DEA and Marana Police Department shall provide each other with the name of its point of contact regarding this MOU and update the point of contact if he/she changes. 5.2 The Use of LPR Information 5.2.1 The Marana Police Department's use of LPR information from the NLPRN obtained pursuant to this MOU shall be in accordance with applicable law, this MOU, and any Rules of Behavior and training required prior to use of the NLPRN. 5.2.2 The Marana Police Department's users shall access LPR information in the NLPRN only for the investigation of drug trafficking offenses, money laundering, other crimes, Amber alerts, and silver alerts, and in furtherance of the mission of a traffic stop. 5.2.3 The Marana Police Department's users shall not take any operational action based solely on LPR information from the NLPRN. 00075305.DOC /I 2 of 5 National License Plate Reader Program - Data Sharing 5.2.4 The Marana Police Department will provide to DEA a quarterly consolidated statistical report describing significant enforcement activities resulting from the utilization of the LPR system. At a minim um, the report will include arrests, drug seizures, and asset seizures, but may be expanded to include other significant enforcement statistical measures. The report will be submitted via email to LPR@usdoj.gov no later than the last calendar day of the fiscal quarter. 5.3 The Parties are authorized to redisseminate for operational purposes LPR information obtained pursuant to this MOU only in accordance with applicable law, this MOU, and any Rules of Behavior and training required prior to use of the NLPRN. 6.FEDERAL AND STATE LAW OPEN RECORDS AND FREEDOM OF INFORMATION REQUESTS When Marana Police Department receives open records and freedom of information requests for LPR information, Marana Police Department shall notify DEA and give DEA an opportunity to review the request to determine whether it has any equities in the requested information. If DEA determines that it has equities in the information, and that the information should not be released, Marana Police Department will protect the information to the extent possible consistent with state law. 7.INFORMATION SECURITY, RETENTION, AND INTEGRITY 7.1 The Parties agree to maintain administrative, technical and physical safeguards appropriate to the sensitivity of and designed to appropriately protect, the LPR information shared under this MOU against loss, theft, and misuse and unauthorized access, disclosure, copying, use, modification, storage, and deletion in accordance with the Federal Information Security Modernization Act, any similar, applicable state statute, and any applicable Privacy Act system of records notice. These safeguards must include audit capabilities that identify the LPR information the Parties disseminated pursuant to section 5.3 of this MOU and a point of contact within the entity that received the LPR information. 7.2 LPR information received pursuant to this MOU in the NLPRN will remain available for up to, but no longer than, a 90-day period. If relevant to a DEA investigation or case, LPR information received by DEA pursuant to this MOU may be moved to and maintained in a separate system that is governed by an alternate destruction schedule, in which case that alternate destruction schedule will be followed. In the event that LPR information is maintained in a federal Privacy Act system or systems of records, or a state equivalent of a federal Privacy Act system or systems of records, the information shall be 00075305.DOC /I 3 of 5 National License Plate Reader Program - Data Sharing maintained, shared, and used in accordance with the applicable system of records notice(s) and sections 5.2 and 6 of this MOU. 7.3 Each party shall contact the other party's point of contact to obtain the other party's incident-reporting policy. When there has been or may have been loss, theft, or misuse or unauthorized access, disclosure, copying, use, modification, storage, or deletion of LPR information received pursuant to this MOU, the party discovering the unauthorized activity shall promptly report to, and consult with, the other party in accordance with the reporting party's incident-reporting policy. 8.COSTS This MOU is not an obligation or commitments of funds, nor a basis for transfer of funds. Unless otherwise agreed to in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to the party's budgetary processes and the availability of funds and resources pursuant to applicable laws, regulations, and policies. The Parties expressly acknowledge that this in no way implies an appropriation of funds for such expenditures. 9.SEVERABILITY Nothing in this MOU is intended to conflict with applicable federal or state law, or with the policy of any party. If a provision of this MOU is inconsistent with applicable federal or state law, or with a party's policy, then the party shall immediately so advise the other party, and the Parties shall determine whether the remaining provisions of this MOU shall continue in effect. 10.EFFECT ON OTHER AUTHORITIES Nothing in this MOU is intended to restrict the authority of any party to act as permitted by law, or to restrict any party from administering or enforcing any law. 11.EFFECTIVE DATE This MOU will become effective when signed by the representatives of all of the Parties. 12.MODIFICATION The Parties may jointly agree in writing to modify this MOU. 13.TERMINATION Any party may terminate this MOU by giving thirty (30) days' written notice to the other party. 1n the event of termination, all provisions regarding the LPR information obtained pursuant to this MOU shall remain in effect. 00075305.DOC /1 4 of 5 National License Plate Reader Program -Data Sharing 14.DURATION AND EFFECT OF THE MOU The Parties intend to begin cooperation under this MOU upon signature by both Parties. Cooperation is intended to continue for five (5) years unless amended, in writing, by signature of the Parties or terminated, in writing, by either party upon thirty (30) days' written notice to the other party. The Parties agree to review the MOU annual ly to assess its effective ness. 15.NO PRIVATE RIGHTS CREATED This MOU does not create any right or benefit, substantive or procedura� enforceable in law or in equity, against the United States or any state, against any department, agency, officer, or employee of the United States or any state, against any entity, or against any other person. For the Marana Police Department: Reuben Nunez, Chief of the Marana Police Department For DEA: Paul E. Knierim Chief of Intell igence Drug Enforceme nt Administr ation 00075305.DOC II 5 of5 Date: S{{ o 12'-:)L/ Date: '-------