28CFR23 Part 2

Debate Surrounds 28CFR23’s Proposed Changes – Part 2.

In the last column, we explored the first and most significant proposed change to Part 28 Section 23 of the Code of Federal Regulations, which contains guidelines for intelligence management system operating policies. The proposed change would lengthen the retention period for which criminal and counter-terrorism intelligence can be kept. Now, let’s look at the other two major revisions proposed to 28CFR23 by the Department of Justice. The second major change is the manner in which agencies can disseminate information cross-jurisdictionally. Currently, law enforcement adheres to a two-part dissemination test. All information sharing must be based on the evaluation of the recipients’ right to know and need to know the information. Only those agencies establishing both can receive intelligence across jurisdictional lines.