9/24/08 N.Y. St. Reg. CJS-39-08-00006-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to repeal section 6192.1(v) and amend section 6192.5 of Title 9 NYCRR.
Statutory authority:
Executive Law, sections 837(17) and 995-c(1)
Subject:
NYS DNA Databank.
Purpose:
Delete reference to an obsolete technology policy.
Text of proposed rule:
1. Subdivision (v) of section 6192.1 of Title 9 NYCRR is REPEALED.
2. Section 6192.5 of Title 9 NYCRR is amended to read as follows:
6192.5 Security features preventing unauthorized access. The server on which the DNA databank resides shall be located in a secure area to prevent unauthorized physical access in accordance with CODIS requirements. All forensic DNA laboratories which use or contribute data to the DNA databank shall choose CODIS compatible software and hardware designs which prevent unauthorized access to DNA records. Each participating laboratory must have a written information systems plan which specifies the architecture of the laboratory’s computer hardware and the structure of security comprising the access control component of the computer software employed. The information systems plan must demonstrate that an electronic audit trail is maintained for activities related to the entering or editing of DNA records. In addition, the information systems plan shall conform with all [appropriate portions of Technology Policy 97-1] applicable information security rules, regulations, and policies. The division, in consultation with forensic DNA laboratory directors, shall develop model documents to assist forensic DNA laboratories in complying with the requirements of this Part. A final information systems plan shall be submitted by the laboratory for review and approval by the division prior to the laboratory gaining access as a participant in the DNA databank. The division shall determine the acceptability of each laboratory information systems plan. The NYS standards must be designed and applied in such a way as to allow compliant participating forensic DNA laboratories to participate in the Federal CODIS program.
Text of proposed rule and any required statements and analyses may be obtained from:
Mark Bonacquist, Division of Criminal Justice Services, 4 Tower Place, Albany, NY 12203, (518) 457-8413.
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
Technology Policy #97-1 was archived by the Office for Technology effective July 6, 2004 and is no longer valid. This proposal deletes references to this obsolete policy. Given that the proposal merely deletes regulatory provisions that are no longer applicable, the Division expects that no person is likely to object to the adoption of this rule as written.
Technology Policy #97-1 was archived by the Office for Technology effective July 6, 2004 and is no longer valid. This proposal deletes references to this obsolete policy. As such, it is apparent from the nature and purpose of the proposal that it will have no impact on jobs and employment opportunities.
