Dave Stafford for www.theindianalawyer.com
Confidential data in criminal and juvenile delinquency cases around the state will be provided in bulk to the Indiana Criminal Justice Institute under an order issued Thursday by the Indiana Supreme Court.
The order signed by Chief Justice Loretta Rush authorizes the bulk collection of data ICJI says it needs to complete mandated assessments and to comply with numerous federal requirements. The order also details extensive security measures that will be taken to safeguard data that will include identifying information such as partial Social Security numbers.
“ICJI seeks access on a continuing, monthly basis to all case record data of all individuals charged in criminal and juvenile delinquency cases in Indiana including, but not limited to arrest, court referrals, diversion, juvenile detention, petitions filed, delinquency records, probation records, supervision records, placements, secured confinement records, and waivers (of juvenile jurisdiction),†the order says.
“The Court hereby grants the request for Bulk Data/Compiled Information under Administrative Rule 9(F)(4) to the extent discussed herein. Specifically, ICJI shall receive data from Indiana Court Records and INcite from courts utilizing the Odyssey Case Management System exercising criminal and juvenile delinquency jurisdiction related to arrest, court referrals, diversion, juvenile detention, petitions filed, delinquency records, probation records, supervision records, placements, secured confinement records, and waivers (of juvenile jurisdiction). However, with regard to social security numbers, dates of birth, and addresses, the data provided is limited to the last four digits, the month and year of birth, and the zip code of the address.â€
Approval of the bulk data transfer is for one year, but may be renewed. The court noted in the order that only courts operating on the Odyssey system are included because “Serious questions exist whether data can be transferred from non-Odyssey courts in compliance with the enhanced security standards.â€
The court found allowing access to the data serves a public interest and is an appropriate use of public resources.
“After consideration of the request for waiver of individual notice to individuals affected by release of the information excluded from public access, the Court finds by clear and convincing evidence that the purposes for which the information is sought substantially outweighs the privacy interests protected by this rule. Accordingly, due to the highly secure manner for the protection of the data, the Court waives the requirement of individual notice to all parties affected by release of the sought information to which public access is prohibited or restricted,†the order says.
