,. July 19, 2017 Please note: This MOU with the Nebraska Department of Corrections is currently under review for termination as the Department of Corrections has never completed the programing required to complete the MOU. Nebraska DMV Noelie Ackermann Sherdon, OMV Legal Counsel 103466 GULaw Privacy FR Nebraska DMV 103467 Privacy FR .. .. . . ) MEMORANDUMOF UNDERSTANDING between the NEBRASKADEPARTMENTOF CORRECTIONS and the NEBRASKADEPARTMENTOF MOTORVEHICLES I. Parties This Memorandumof Understanding(MOU) is an agreementbetweenthe Nebraska Department of Corrections (DCS), and the Nebraska Departmentof Motor Vehicles (DMV), hereinafter the Parties. Il. Purpose This MOU is intended to enhance law enforcement and the working relationship between the DCS and the DMV Driver and Vehicle Records Division to assist those individuals who are victims of identity theft and for investigation of criminal activity using images and signatures stored in facial recognition system, hereinafterFRS. The purpose of this MOU is to specify the tenns and conditions for DCS access of the FRS to corry out functions of DCS. The MOU will also document the agreed responsibilitiesand functions of the Parties with respect to enhancing the use of the OMV FRS photo repository by adding photographs from the DCS mugshot repository. Integrating DCS mugshots into FRS will enhance the DMV's ability to ensure that the individuals presentingthemselves to the DMV have not been previouslyidentified as another person. Authorized employees of the DCS and the DMV will carry out the requirements of the MOU. Ill. Legal Authority The statutes provided for in this MOUinclude,but are not limited to, the following: Nebraska Revised Statute § 60-484.02; Nebraska Revised Statutes §60-2901through 60-2912; Title 18, U.S.C.Section 2721 (b)(l); Uniform Motor Vehicle Disclosure Act, under Title 250 Nebraska AdministrativeCode Chapter 2-Rules and Regulations Governing Requests for and Release of Personal Information Containedin Motor Vehicle Records Pursuantto the Unifonn Motor Vehicle Records Disclosure Act (UMVRDA) This MOU shall be interpreted to incorporate any amendments to the above statutes by the Nebraska Legislatureas may be applicable during the tenn of the MOU. RECEIVED ~..J~UG 252U14 ".c.J.Jt.l''JMOTORVEHtC~ 1 !.EGALDMSJON 1 Nebraska DMV 103468 GULaw Privacy FR .. IV. Implementation A. DCS: 1. Agrees to restrict the access to the DMV FRS images to one employee of the DCS and to provide the DMV with the name, address, and contact infonnation for this employee. Access to and use of images and signaturesof individuals stored in DMV databases shall be used solely to carry out the purposes of this MOU as assigned by the DMV to DCS pursuant to the tenns and conditionsof this MOU. Any access, disclosure, or use of any image or signature for any other purposebeyond the tcnns and conditions of this MOU is prohibited and shall be considered a breach of the MOU. 2. Agrees to make no facial recognition comparison request except for a case being investigatedand /or prosecuted in a criminal matter. 3. Understands that the FRS results provided by the DMV are to assist in furthering an ongoing investigationor criminal matter and cannot be used as the sole reason for mest or action. 4. Agrees to adhere to the requirements of Neb.Rev.Stat. §60-484.02and §60-2901 through 60-2912, in its handling of images and signaturesfrom the DMV database and agrees that no employee, contractor, or agent of DCS shall allow disclosure of images and signatures from the FRS except to federal, state or local law enforcementagencies or a certified law enforcement officer employed in an investigative position 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 authoriz.edby action of the Nebraska Legislature. 5. Extract an initial historical file from their database of available photos. It will also implement a nightly extract and transmissionprocess to provide new photos and relevant demographicsto OMV for incorporationinto the facial recognitiondatabase. 6. Agrees to enforce all applicable laws and security protocols for handling and processing of images and signatures accessed pursuant to this MOU to prevent any access, use, or disclosure other than as provided in this MOU. B. DMV agreesto: 1. Provide one FRS user ID and password to be used to access images and signatures in the FRS for the sole use of the identifiedemployeeofDCS. 2. Provide DCS with access to FRS and the available DMV images and signaturessubject to the conditions of this MOU. 3. Provide DCS with the names, addresses, and telephone numbers of contact persons within the OMV regarding any questionsor problems which may arise in connection with theFRS. 2 Nebraska DMV 103469 GULaw Privacy FR r .. ~ .' 4. Ensure that only authorizedpersonnelwill handle data provided by DCS. 5. Provide DCS training and assistancenecessary to use FRS. V. Privacy and Security A. The informationinvolved in the MOU may identify U.S. persons, whose information is protected by the Privacy Act of 1974. DCS will ensure that all such information will be handled lawfully. Conversely,DCS is assured that DMV will comply with all privacy and disclosure laws. B. For purposes of this MOU, personally identifiable information (PII) is defined as information which can be used to distinguish or trace an individual's identity, including any personal infonnation which is linked to a specific individual. The parties will review and make appropriatechanges, if any, to their privacy compliance documents, in advance of the implementationof this MOU to ensure that privacy risks are appropriatelymitigatedand the scope and routine uses of applicable system of records notices permit the collection, maintenance,and sharing of PII as set forth in this MOU. Each party that discloses PII is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. C. Each party shall be responsible for the safeguardingof any equipment used by it to access records and shall limitaccess to authorizedusers. Each party will immediately report to the other party each instance in which informationreceived from the other party is used, disclosed, or accessedin an unauthorizedmanner. D. DMV will ensure user account and authoritiesgranted to the FRS are maintained in a current end secure status. VI. Effective Date and Term of the MOU This MOU is effective upon the date the authorized representativesof both parties have signed end will continue in effect until terminated. VII. Modification. This MOU may be modified in writing signedby the authorizedrepresentativesof both parties. VIII.Costs DMV and DCS will each be responsible for costs incurred by the respective agency in furtherance of this MOU. 3 Nebraska DMV 103470 GULaw Privacy FR . '. . .... IX. Termination This MOU may be tenninated by either party upon 30 days prior written notice to the other party. DMV may terminate this MOU without prior notice if deemed necessary because of a requirement of law or policy, upon a determination by DMV that there has been a breach of this MOU, upon a detennination by DMV that there has been a breach of system integrity or security by DCS, upon a failure by DCS to comply with established procedures or legal requirements, or for reasons of government necessity. Nothing in this MOU is intended, or should be construed, to create any right or benefit, substantive or procedural, enforceable at law by any third party against the State of Nebraska, its agencies, officers, or employees or against DMV or DCS or employees or officers of DMV or DCS. The foregoingconstitutesthe full agreementon this subjectbetweenthe DCS and the OMV. The undersigned represent that they are authorized to enter into this MOU on behalf of the DCS and the OMV, respectively. Rhonda K. Lahm, Director Nebraska Department of Motor Vehicles Date Mich IL. enney, Director Nebraska Departmentof Corrections /) ~101'1 Date LEGALREVIEWco:::LETED Date 6-6-l't_ /g Signature ~ rre: .J 4 Nebraska DMV 103471 GULaw Privacy FR