MEMORANDUM OF UNDERSTANDING
between the
Ocean County Prosecntor’s Office
and the
‘U.S, Department of Justice, Drag Enforcement Administration
regarding
License Plate Reader Information
1. PARTIES
‘The Parties to this Memorandum of Understanding (MOU) are the Ocean Courity
‘Prosecutor’s Office and the U.S. Department of Justice, Drug Enforcement
Administration (DEA), collectively “the Parties.”
2. PURPOSE,
‘The purpose of this MOU is to support tho missions of the Ovean County
Prosecutor's Office and the DBA by 1) establishing the terms and conditions for
sharing license plate reader (LPR) information and 2) establishing the teoms and
conditions for the Parties* use and further dissemination of LPR information,
3. DEFINITIONS
31 “License Plate Readers” (LPRs) are devices that capture information
presented to the public reganding vehicles being driven past them and/or
within theirranges.
3.2 “LPR infomation? is information obtained by LPRs in compliance with the
Jove. ‘Typically, itinoludes images of vehicles and license plate numbers.
3.3 “LPR information from DEA” is LPR information obtained from DEA, For
example, “LPR information from DEA” includes LPR information that a state
law énforcement agency sends DEA,
3.4 “DEAS LER information” is LPR information from DEA that DEA, itso,
captuted, Itis a subset of “LPR information fiom DEA.” DEA relains all
control of DEA’s LPR information even when itis not physically in DEA’s
possession, ;
354, AUTHORITIES
4.1 The Occan County Prosceutor’s Office is authorized to enter into this MOU
pursuant to:
According to New Jersey Statute 24:158-5 a County Prosecutor“shall be
vested with fae same powers and be subject to the same penalties, within his
county, as the atiomey general shall by law be vested with or subject fo, and
hoe shall use all reasonable and laveful diligence for the detection, arrest,
indictment and conviction of offenders against the laws.”
42, DEA is authorized to enter into this MOU pursuant to the Comprehensive
Drug Abuse Prevestion and Control Act of 1970, as amended, 21 U.S.C. §
801 er seq. The specific authority for DEA to enter info cooperative
agreements for the exchange of information between governmental officials
‘concemning the use and abuse of controlled suibstances is 21 TLS.C. § 873.
5, SHARING AND USE OF LPR INFORMATION:
5.1 The Sharing of LPR Information
5.1.1 The Ocean County Prosecutor's Office shall provide DEA with LPR.
‘information in near real-time. ‘The information shall be transmitted via
: a secure Internet connection,
5.1.2 ‘The Ocean County Proseoutor's Office, if capable, shall tg the LPR
jnformation it originates go thet subsequent recipients can ascertain the
agency from which it originated. Ifthe Ocean County Prosecutor’s
Officeis not capable of tagging the LPR information, DEA will tag the
LER information at the time the data is inserted into the database.
5.13 Employces whom the Occan County Prosecutor's Office sponsor, who
apply for, and whom DEA authorizes shall be permitted to access LPR.
‘information from DEA.
5.14 DBA and the Ocean County Prosecutor's Office shall provide each
other with the name of its point of contact regarding this MOU and
update the point of contact ifhe/she changes.
5.2 The Use of LPR Information
52.1 The Ocean County Prosecutor's Office use of LPR information fom,
DEA obtained pursuant to this MOU shall be in accordance with
applicable law, this MOU, md DBA policy.
52.2. The Occan County Prosesuto:”s Office users shall access LPR
{information ftom DEA only forthe investigntion ofa Serious cxime, to
inolude an-Amber Alor, caxjacking, homicide, crime against children,
violent crime against a person, illegal alien, terrorism, associate of a
2tomorist, principal target of an investigation, money launderer courier,
mug trafficker, arms trafficker, alien smuggler, Kidnepper, wanted
subject (extraditable to the jurisdiction requesting the alert), and
fapitive (extraditable to the jurisdiction requesting the alert),
5.23 The Ocean County Prosecutor's Office users shall not tae any
operational action based solely on LPR information from DEA.
5.3 The Redissemination of LPR information from DEA for Operational
Parposes
‘The Parties ace authorized to redisseminate for operational purposes LPR.
information from DEA obtained pursuant to this MOU only in accordance
with applicable law, this MOU, and DEA policy.
. FEDERAL AND STATE LAW OPEN RECORDS- AND FREEDOM OF
INFORMATION-TYPES OF REQUESTS
6.1 The Parties shall respond to federal and state law open records- and freedom
of information-types of requests for LPR information obtained pursuant to
this MOU as required by law and, to the fullest extent possible consistent
vith Jaw, as called for by the provisions of this MOU.
62, The Ocean County Prosecutor's Office shall determine its response to state
Jaw open records- and freedom of information- types of requests cognizant of
‘the fut that DEA retains all control of DEA’s LPR information even when it
isnot physically in DEA’s possession, See 3.4 above.
. INFORMATION SECURITY, RETENTION, and INTEGRITY
7A The Parties agree to maintain administrativo, technical, and physical
safeguards appropriate to the sensitivity of, and designed to appropriately
proieot, the LPR information shared under this MOU against loss, theft, or
‘niguse, as well as unauthorized access, disclostre, copying, use,
modification, storage, or deletion in accordance with the Federal Information.
Security Management Act (FISMA), or similar state statute, and any
applicable Privacy Act system of records notices. ‘These safeguards must
include audit capabilities thet idemtify the LPR information the Pastics
«disseminated pursuant to section 5.3 of this MOU'and a point of contact
vithin the entity receiving the LPR information to provide audit information.
+ 72, The Panties shall make available LPR information received pursuant to this
‘MOU for a three month (90 day) period after receipt, unless the information
ismoved to and maintained in a system that is governed by an alternate
destruction schedule, In the event that LPR information is maintained ina
federal Privacy Act system or systems of records, or a state equivalent of a
‘federal Privacy Act system or systems ofrecords, the information shall be
maintained, shared, and used in accordance with the applicable system of
records notice(s) and paragraphs 5.2 and 6 of this MOU,
37.3 When there has been or may have been unauthorized access, disclosure,
copying, use, modification, storage, or deletion of LPR information received
‘pursvant to this MOU, the Party discovering the unauthorized activity sball
promptly report to, and consult with, the other Party/Parties in accordance
‘with each Party’s/Parties’ incident reporting policies. Each Party shall
contact the other Party's/Parties? point of contact to obtain that/those incident
reporting policies,
8. COSTS
‘This MOU is not an obligation or commitments of fimds, nor a basis for transfer
of fands, Unless otherwise agreed to in writing, each Party shall beer its own.
costs in relation to this MOU, Expenditures by cach Party will be subject to its
‘budgetary processes and to the availability of funds and resources pursuant to
applicable laws, regulations, and policies. ‘The Parties expressly aclmowledge
that this in no way implies an appropriation of finds 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. Ifa 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/Parties and all of the Parties shall detecmine
‘whother the remaining provisions of this MOU shall continue in effect.
10. EFEECT on OTHER AUTHORITIES
‘Nothing in thls MOU is intended to restrict the authority of any Party to act as
pemitted by law, or to restrict eny Party fiom administering or enforcing any law,
LL, BERECTIVE DATE
‘This MOU will become effective when signed by the representatives of all of tae
Parties.
12. MODIFICATION
‘Tho Partios may jointly agree in waiting to modify this MOU.
13, TERMINATION
Any Pasty may terminate this MOU by giving thirty (20) days? wsitien notice to
the Party, In the event of termination, all provisions regarding the LPR
information obtained pursvant to this MOU shall remain in effect,14, NO PRIVATE RIGHTS CREATED
‘This MOU does not create any right or benefit, substantive or procedural,
enforceable in lav or in equity, against the United States or any state, against any
department, agency, officer, employee of the United States or any state, against
any entity, or any other person.
County of Ocean Date: