PART VIII.
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/hi/part-viii-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
PART VIII. DATA SHARING; POPULATION DATABASE OR DATA BANK INFORMATION; PROTOCOL, QUALITY CONTROL OR METHODOLOGY;
SAMPLE SHARING; LOCAL DNA LABORATORIES; DISPOSAL
[§844D-91] Department permitted to share data, information, and samples.
(a)Nothing in this chapter shall prohibit the department from sharing or disseminating state DNA database and data bank identification program information or any analytical data and results generated for program purposes, or protocol and forensic DNA analysis methods and quality assurance or quality control procedures with any of the following:
(1)Federal, state, or local law enforcement agencies;
(2)Crime laboratories, whether public or private, that serve federal, state, and local law enforcement agencies that have been approved by the department;
(3)The attorney general's office of any state;
(4)Any state or federally authorized auditing agent or board that inspects or reviews the work of the department:
(A)To ensure that the department meets American Society of Crime Laboratory Directors/Laboratory Accreditation Board and FBI standards for accreditation and quality assurance standards necessary under this chapter; and
(B)To allow the State to participate in the FBI's Combined DNA Index System and other national or international crime-solving networks; or
(5)Any third party that the department deems necessary to assist the department's crime laboratory with statistical analyses of the population database or to assist in the recovery or identification of human remains for humanitarian purposes, including identification of missing persons.
(b)The population databases and data banks of the department may be made available to and searched by the FBI and any other agency participating in the FBI's Combined DNA Index System or any other national or international law enforcement database or data bank system.
(c)The department may provide portions of biological samples, including blood specimens, saliva samples, and buccal swab samples collected pursuant to this chapter to local public law enforcement DNA laboratories for identification purposes; provided that the privacy provisions of this chapter are followed by the local public law enforcement laboratory and if each of the following conditions is met:
(1)The procedures used by the local public DNA laboratory for the handling of specimens and samples and the disclosure of results are the same as those established by the department pursuant to this chapter;
(2)The methodologies and procedures used by the local public DNA laboratory for DNA or forensic identification analysis are compatible with those used by the department, or otherwise are determined by the department to be valid and appropriate for identification purposes;
(3)Only tests of value to law enforcement for identification purposes are performed and a copy of the results of the analysis are sent to the department;
(4)All provisions of this chapter concerning privacy and security are followed; and
(5)The local public law enforcement DNA laboratory assumes all costs of securing the specimens and samples and provides appropriate tubes, labels, and materials necessary to secure the specimens and samples. [L 2005, c 112, pt of §1]