. t. \ MEMORANDUMOF UNDERSTANDING Between the NEBRASKASTATE PATROL and the NEBRASKA DEPARTMENT OF MOTOR VEHICLES I. Parties This Memorandumof Understanding(MOU) is an agreement between the Nebraska State Patrol (NSP), and the Department of Motor Vehicles (DMV), hereinafterthe Parties. The purpose of this MOU is to specify the tenns and conditions for NSP access to and use of the Facial Recognition System (FRS), NSP access to and use ofindivjduals' images and signatures stored as part ofFRS, and NSP access to licensing examination histories and social security numbers stored for DMV's internal use as part of the Traffic Safety Information System (TSI) for carrying out the functions of the NSP. Purpose IL This MOU is intended to enhance the Identity Theft Task Force Working Relationship between the NSP and the DMV Driver and Vehicle Records Division established to ~sist those individualswhoare victims of identitytheft and to educate all Nebraskalaw enforcement agencies in areas dealing with identity theft. Authorized employees of the NSP and the DMV will carry out the requirements of the MOU. m. Legal Authority The statutes provided for in this MOU include, but are not limited to, the following: Nebraska Revised Statute§ 60-484.02; Unifonn Motor Vehicle Records Disclosure Act, Nebraska Revised Statutes §60-2901 through 60-2912. This MOU shall be interpretedto incorporate any amendmentsto the above statutes by the Nebraska Legislature as may be applicable during the term of the MOU. III. Implementation A. TheNSP: 1. Agrees to restrict the access to the OMV FRS images and signatures to four analysts assigned directly to the Nebraska Information Analysis Center (NIAC) of NSP and to provide the DMV with the name, address, and contact information for these analysts. Access to and use of imag,Qll d signatures of individualsstored in OMV databases shall be used solely to carry out the:~oses of this MOU as assigned by the OMV to NSP pursuant to the terms and conditions of this MOU. Any access, disclosure, or use of any image or signature for any other purpose beyond the terms and conditions of this MOU is prohibited and shall be considered a breach of the MOU. 2. Agrees to restrict the access to individuals' licensing examination histories and social security numbers to a single analyst assigned to the Auto Fraud Division of NSP and to 1 Nebraska DMV 103495 GULaw Privacy FR provide the DMV with the name, address, and contact information for this analyst. This analystmay only access and use licensing examination histories and social security numbers for the sole purpose of identity theft case investigation pursuant to the terms and conditions of this MOU. Use for any other cases is prohibited. Any access, disclosure, or use of an individual's licensing examination hislory or social security number for any other purpose beyond the terms and conditions of this MOU shall be considered a breach oftheMOU. 3. Agrees to make no facial recognition comparison request except for a case being investigated and /or prosecuted in a criminal manner. 4. Understandsthat the FRS results provided by the DMV areto assist in furthering an ongoing investigationor criminal matter and cannot be used as the sole reason for arrest. 5. Agrees to adhere to the requirements of Neb.Rev. Stat. §60-484.02 and §60-2901 through 60-2912 and agrees that no employee, contractor, or agent ofNSP shall allow disclosure of images and signatures except to federal, state or local law enforcement agencies or a certified law enforcement officer employed in an investigativeposition by a federal state, or local agency for the purpose of carrying out the functions of the agency or assisting another agency in carrying out its functions or as otherwise may be authorized by action of the Nebraska Legislature. 6. Agrees that NSP will not allow any disclosure or access to any individuals' licensing examination histories or social security numbers except for the specific purpose of furthering an investigation or criminal matter related to an identity theft case as specified in the terms and conditions of this MOU. Disclosure oflicensing examination histories and social security numbers for wiy other purpose is prohibited. 7. Agre.esto enforce all applicable Jaws and security protocols for handling and processing of images, signatures, license examininghistories, or social security numbers accessed pursuant to this MOU to prevent any access, use, or disclosure other than as provided in this MOU. 8. The DMV agrees to: I. Provide four user IDs and passwords to be used to access images and signatures in the FRS for the sole use of the four identified analysts referred to in paragraph ill, A, 1 above. 2. Provide one user ID and password to be used to access TSI for use only by the analyst identified in paragraph III, A, 2 above who has the ~ e aulhority to access individuals' licensing examination histories and social securit~. 3. Provide NSP with access to FRS and the available OMV images, histories, and social security numbers subject to the conditions of this MOU. 4. Provide NSP with the names. addresses,and telephone numbers of contact persons within the DMV regarding any questions or problems which may arise in connection with the FRS. 2 Nebraska DMV 103496 GULaw Privacy FR --~----- -----, .. . 5. Provideto NSP training and assistancenecessaryto use FRS. IV. EffectiveDate and Term of the MOU This MOU is effective upon the date the authorizedrepresentativesof both parties have signed the MOU. This MOU shall expire on February 28, 2018. This MOU may be extended for two additionalterms in writing signedby the authorizedrepresentativesof both parties. V. Modification. This MOU may be modified in writingsigned by the authorizedrepresentativesof both parties. VI. Costs DMV and NSP will each be responsiblefor costs incurred by the respectiveagency in furtherance of this MOU. Vll. Termination This MOU may be terminatedby either party upon 30 days prior written notice to the other party. DMV may tenninate this MOU without prior notice if deemed necessarybecause of a requirementof law or policy, upon a detenninationby DMV that there has been a breach of this MOU, upon a determinationby DMV that there hes been a breach of system integrity or security by NSP, upon a failure by NSP to comply with established proceduresor legal requirements, or for reasons of government necessity. Nothing in this MOU is intended,or should be construed, to create any right or benefit, substantiveor procedural,enforceableat law by any third party against the State of Nebraska, its agencies, officers, or employees or against DMV or NSP or employeesor officers of DMVor NSP. The foregoing constitutesthe full agreementon this subject between the NSP and the DMV. The undersignedrepresent that they are authorized to enter into this MOU on behalf of the Nebraska State Patrol and the DMV, respectively. ~-2:i>-~:'22._ '.::s David Sankey Colonel Nebraska State Patrol Rhonda K. Lahm Director Nebraska Dept. of Motor Vehicles /1/.3/lr Date Date LEGALREVIEWCOMPLETED Date / Signature 1z _ /4/¢?/ '( 't¾-,%ft 3 Nebraska DMV 103497 0 - ?J~ 2ol'/ ~ GULaw Privacy FR Nebraska DMV 103498 Privacy FR