Federal Guideline and Accompanying Documents

The 28 Code of Federal Regulations (CFR) Part 23 is a guideline for law enforcement agencies. It contains implementing standards for operating federally funded multijurisdictional criminal intelligence systems. It applies to systems operating through federal funding under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, as amended.

  • 28 CFR Part 23   [HTML]  [PDF]
    Provides a complete text of 28 CFR Part 23.
  • 1993 Revision and Commentary  [HTML]   [PDF]
    Provides a complete text of the revision to 28 CFR Part 23 and includes a commentary published in September 1993 by the Office of Justice Programs.
  • Policy Clarification  [HTML]  [PDF]
    Provides a complete text of a policy clarification for 28 CFR Part 23 published in December 1998 by the Bureau of Justice Assistance, Office of Justice Programs.

Additional Information

Additional information for use in ensuring that your criminal intelligence system complies with 28 CFR Part 23 guidelines includes:

  • Terms Defined in 28 CFR Part 23 [PDF]
  • Remote Terminal Access System Protection Measures [PDF]
  • 28 CFR Part 23: A Guide to Criminal Intelligence Policies [PDF]
  • System Data Fields to Assist in Complying With 28 CFR Part 23 Guidelines [PDF]

Sample Documents

The following are examples of documents that have been used by other agencies for their criminal intelligence systems.

  • Sample Operating Policies and Procedures  [PDF]
  • Sample Participation Agreement  [PDF]
  • Sample Memorandum of Understanding  [PDF]

Criminal Intelligence Resources

  • A System of Trust: Privacy Policies for Justice Information Sharing [PDF]
    A comprehensive analysis of the importance of having privacy policies in place and a guide to developing the policies.
  • Criminal Intelligence Resources Guide [HTML]
    A valuable representation of intelligence-related resources available to the intelligence community.
  • Fusion Center Guidelines: Law Enforcement Intelligence, Public Safety, and the Private Sector [HTML]
    Addresses the development of guidelines for fusion centers as well as the foundation for the development of fusion center guidelines for law enforcement intelligence, public safety, and private sector entities.
  • National Criminal Intelligence Sharing Plan [HTML]
    Provides a blueprint to help agencies establish criminal intelligence sharing policies, procedures, standards, technologies, and training.
  • National Criminal Intelligence Sharing Plan, Version 2.0 [HTML]
    Provides a way forward to continue to support law enforcement’s and homeland security’s abilities to develop and share criminal intelligence through the identification of recommendations and action items.
  • Privacy, Civil Rights, and Civil Liberties Compliance Verification for the Intelligence Enterprise [HTML]
    Assists law enforcement agencies in determining whether they are in compliance with applicable privacy-related policies, procedures, rules, and guidelines.
  • Recommendations for First Amendment-Protected Events for State and Local Law Enforcement Agencies [HTML]
    Provides guidance and recommendations to state and local law enforcement officers in understanding their role in First Amendment-protected events.
  • Social Media Concepts and Issues Paper [PDF]
    Provides essential background material and supporting documentation to impart greater understanding of the developmental philosophy and implementation requirements for the model policy on social media.
  • Social Media Model Policy [PDF]
    A sample model policy for an agency’s position on the utility and management of social media. The policy provides guidance on its management, administration, and oversight.
  • Developing a Policy on the Use of Social Media in Intelligence and Investigative Activities: Guidance and Recommendations [HTML]
    Provides law enforcement and justice agencies with guidance and recommendations on issues to consider when developing a social media policy (or updating other relevant policies), focusing on access, use, storage, and dissemination of information obtained from social media sites for investigative and criminal intelligence purposes. The document includes recommended elements of the related policy, focusing on potential privacy, civil rights, and civil liberties implications.
  • The Role of State and Local Law Enforcement at First Amendment Events Reference Card [HTML]
    A pocket-sized reference card for line officers who are responding to a First Amendment-protected event—provides an overview of their roles and responsibilities, as well as an overview of the rights of the participants of First Amendment-protected events.
  • The Importance of Privacy, Civil Rights, and Civil Liberties Protections in American Law Enforcement and Public Safety, Line Officer Training Video [Flash]
    The short video provides an introductory overview of what privacy, civil rights, and civil liberties protections are; examples of these protections; and the important function line officers have in upholding these protections.
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Training and Technical Assistance

Online training is available for agencies concerned with protecting privacy, civil rights, and civil liberties or to learn how to comply with the 28 CFR Part 23 guidelines.
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Practical technical assistance is available at no cost to law enforcement agencies.
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