MEMORANDUM OF UNDERSTANDING BETWEEN THE FEDERAL BUREAU OF INVESTIGATION CRIMINAL JUSTICE INFORMATION SERVICES DIVISION AND THE TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY CONCERNING THE SEARCH OF PROBE PHOTOS AGAINST THE TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY IMAGE VERIFICATION SYSTEM (IVS) PHOTO DATABASE The purpose of this Memorandum of Understanding (MOU) is to document the agreed responsibilities and functions of the Parties with respect to conducting searches of the Tennessee Department of Safety and Homeland Security (TDOSHS) image veri?cation system photo database. which contains driver license and photo identification only license (ID) photos. These searches will be performed for the purpose of comparing FBI Facial Analysis, Comparison, and Evaluatlon (FACE) Services Unit probe photos against photos housed in the TDOSHS's IVS photo database and obtaining information that will advance active FBI investigations. apprehend wanted fugitives or known or appropriately suspected terrorists. and locate missing persons nationwide. A probe photo refers to the photo of the subject of an active FBI investigation that is submitted for search against a photo database. The anticipated result of that search will be a photo gallery of potential matches (candidates). These candidates will be forwarded to the FBI. along with. if permitted by law. any associated information stored with the photo in the TDOSHS IVS photo database. The FBI FACE Services Unit will then perform comparisons of the candidate photots) against the probe photo(s) to determine their value as investigative leads. PARTIES A. The FBI. Criminal Justice Information Services Division. Biometric Services Section (388). FACE Services Unit provides investigative support to FBI field of?ces and headquarters divisions. The CJIS Division. through its Assistant Director. is the FBI's point of contact (PDC) for this MOU. For certain day-to-day operations of the activities described by this MOU. the POC with the TDOSHS will be the FACE Services Unit's management and its Management and Program B. The TDOSHS, Driver Services Division, Central Issuance Unit. provides image veri?cation analysis and support for the TDOSHS Driver Services Division, Driver License Issuance Unit, the TDOSHS Criminal Investigation Division?s Identity Crimes Unit, and law enforcement agencies both local and outside the state of Tennessee. The Executive Project Manager for the Driver Services Division will be the FCC for this MOU. AUTHORITIES A. The FBI enters into this MOU pursuant to Title 28, United States Code (U.S.C.) Sections 533 and 534; Title 28, Code of Federal Regulations Section 0.85: Title 42, U.S.C. Section 3771; and Title 18, U.S.C. Chapter 123 (The Driver Privacy Protection Act of 1994). B. The State of Tennessee is authorized to share driver's license information with the FBI for authorized law enforcement purposes pursuant to Title 18, U.S.C. Section 2721 and Tenn. Code Ann. BACKGROUND INFORMATION A. The FACE Services Unit provides a facial recognition service in which FBI special agents, or other authorized FBI personnel, submit to the FBI CJIS Division a photo of the subject of an active FBI investigation. These probe photos are compared to photographs in databases authorized for use by the FBI facial recognition databases maintained by state motor vehicle departments/agencies, law enforcement, or other government agencies). In this case, a probe photo is sent to the TDOSHS. The TDOSHS compares the probe photo to its driver license/ID image database, and candidates produced as a result of the search are sent by the TDOSHS to the FACE Services Unit. The FACE Services Unit compares TDOS HS candidate photos against the submitted probe in an effort to narrow down to the one or two most-likely candidates. These candidates are then provided to the requesting FBI contributor for use as an investigative lead. The number of candidates produced and provided to the FACE Services Unit as a result of these searches is dependent upon the searching threshold set by the individual agency. B. The intent of this service is not to provide a positive identi?cation, but to provide the FBI special agent with an investigative lead and analysis to support that lead. The FBI will utilize the TDOSHS IVS photo database to supplement information provided by existing FBI photo database searches. V. SPECIFIC RESPONSIBILITIES A. The FBI will: 1. Submit probe photos along with the FACE Services Unit's reference number, via Law Enforcement Online e-mail, to the TDOSHS for the purposes of comparing the probe photos with photos in the TDOSHS photo database. The LEO is accredited and approved by the FBI for Sensitive-but?Unclassi?ed law enforcement information. 2. Manually analyze. compare. and evaluate the returned candidate photo gallery against the probe photo to determine the most-likely candidate. 3. if necessary, request additional biographical information associated with each photo determined to be a most-likely candidate via a secure e-mail communication. 4. Submit the photo(s) of the most-likely candidate(s) to be searched against the Next Generation identification Interstate Photo System in order to: a. Locate any additional photos and associated arrest information relating to the "most likely" candidate(s). b. Identify additional potential candidates and associated information. The results of this search will be compared and analyzed against the original probe photo(s). Once the analysis is complete, the one or two most-likely candidate photos. along with their associated information, will be provided to the requesting agent as an investigative lead. 5. Store photo images and text associated with the driver's license of the most-likely candidate(s) to the probe in the FBI case management system. These photo images and text will be stored for record keeping purposes in accordance with their record retention schedules. 6. immediately destroy all other gallery photos and associated information. VI. B. The TDOSHS will: . Apply for a LED e?mail account through the LEO Operations Unit. . Compare the FACE Services Unit-submitted probe photo against the TDOSHS IVS photo database. . Return electronic photos, driver license number, andlor personal identi?cation card number of all possible candidates to the FACE Services Unit via LEO e?mail in a timely and prompt manner as permitted by law. . Upon request, return additional biographical information associated with each photo determined to be a most-likely candidate as permitted by law. . Ensure that only authorized TDOSHS personnel will handle requests submitted by the FBI CJIS Division. Authorized TDOSHS personnel, refers to personnel who are currently trained to perform queries against the TDOSHS IVS photo database for law enforcement purposes. Names of these predetermined TDOSHS personnel will be submitted to the FBI CJIS Division for the purpose of the FACE Services Unit establishing and maintaining communications contact with those TDOSHS personnel who will be providing services to the FACE Services Unit. . Destroy all probe photo images, and any associated data submitted from the FACE Services Unit, once the search has been completed and the response has been sent to the FACE Services Unit via LEO. . Ensure that photos received from the FACE Services Unit will not be electronically transmitted by any internal or external TDOSHS systems except as necessary to effectuate this agreement. . Prohibit the sharing and/or dissemination of any information associated with the FBI FACE Services Unit's requests beyond the authorized TDOSHS personnel unless required by Tennessee state law. If sharing or dissemination is required, including but not limited to, the Tennessee Public Records Act, T.C.A. 18?7-501 et.seq. the TDOSHS will notify FBI FACE Services Unit as soon as possible and before the release of the information. PRIVACY AND SECURITY The information involved in this MOU may identify U.S. persons, whose information is protected by the Privacy Act of 1974. The FBI will ensure that all such information will be handled lawfully pursuant to the provisions thereof. Conversely, the TDOSHS will comply with its own state?s privacy law. For purposes of this MOU, Personally identi?able information (Pll) is de?ned as information which can be used to distinguish or trace an individual?s identity, including any personal information which is linked or linkable to a speci?c individual. Examples of Pil are name, social security number, date of birth, place of birth, citizenship, mother's maiden name, and photographs, ?ngerprints, and other biometrics. Each party that discloses PM is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. Each party will immediately report to the other party each instance in which information received from the other party is used, disclosed, or accessed in an unauthorized manner (including any information losses or breaches). All transmissions of probes submitted by the FACE Services Unit to the TDOSHS and responses returned to the FACE Services Unit will be made through a e-maii connection. The TDOSHS will ensure user accounts and authorities granted to its personnel are maintained in a CUrrent and secure ?need-to-know" status. Both FBI requests and TDOSHS responses will contain Pit, and LEO e-mail is approved and authorized to ensure security of information contained in these transmissions. Ali facial images determined by the FACE Services Unit not to be a most- likeiy candidate, along with all associated textual information, will be disposed via confidential trash. Textual information may include biographic information such as: name, address. date of birth, height, weight, color, driver?s licenseipersonai identi?cation number, and signature. Photo images of the most-likely candidate will be retained by the FACE Services Unit in the Bi?s case management system for recordrkeeping purposes. All others will be destroyed by the FACE Services Unit. The information and/or documents provided by TDOSHS to the FACE Services Unit will contain about persons retained in the TDOSHS photo database. The FACE Services Unit will use this information for lawful/authorized purposes only. Each party shall be responsible for the safeguarding of any equipment used by it to access records and shall limit access to authorized users, and members within each chain of command on a need to know the information basis and who have been properly instructed as to their duties and reSponsibilities under this MOU. Each party shall implement procedures to ensure that such equipment is located in speci?c non-public areas under their access control, and to prevent information, including any printed copies of records, from being viewed by individuals not authorized to use the equipment and from being viewed by individuals not authorized to see or have access to this information. Vll. EFFECT OF THIS AGREEMENT A. This MOU is not intended, and should not be construed. to create any right or bene?t. substantive or procedural, enforceable by law or othenrvise against any of the parties, their parent agencies, the United States, or the of?cers, employees, agents, or other associated personnel thereof. The parties will seek to resolve any disputes regarding this MOU by mutual consultation. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties of the matters described herein. Unless othenivise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each 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 acknowledge that the language in this MOU in no way implies that funds will be made available for such expenditures. This MOU does not constitute an agreement for any party to assume or waive any liability or claim under any applicable law. Each party is responsible for ensuring that information it discloses was not knowingly obtained or maintained in violation of any law or policy applicable to the disclosing party, and that information is only made available to the receiving party as may be permitted by laws, regulations, policies, or procedures applicable to the disclosing party. Each party will provide appropriate training regarding the responsibilities under this MOU to individuals whose information-sharing activities are covered by the provisions of this MOU. EFFECTIVE MODIFICATION, AND TERMINATION A. This agreement shall be effective when executed by all of the parties and will continue in effect until terminated. This agreement may be modi?ed at any time by written consent of all parties. This MOU may be terminated, with respect to any party. at any time upon written notice of withdrawal to all other parties. Any party desiring to withdraw from this MOU will endeavor to provide such written noti?cation to all parties at least thirty (30) days prior to withdrawal. This MOU will be reviewed annually to ensure that the terms remain current, complete, and relevant. This MOU, in eight distinct sections, is the exclusive statement of the parties with respect to its subject matter and supersedes any and all prior agreement, negotiations, representations, and/or proposals, written or verbal. relating to its subject matter. FOR THE FEDERAL BUREAU OF INVESTIGATION WW 21 I .Wiitz I 2 Date ing} Assistant Director Criminal Justice Information Services Division FOR THE TENNESSEE DEPARTMENT OF SAFETY AND HOMELAND SECURITY g. ggdw?g; 11a r/H LarryG win Date Deputy Commissioner Tennessee Department of Safety and Homeland Security