Disclosure of Third Party Information. 1. When addressing any requests for the disclosure of third-party information where that information was obtained as a result of a query(s) made through the LinX Carolinas system, the participating members shall comply with the following policy: (a) In all cases, for providers of any third-party information held in another LinX Carolinas member’s files, the provider retains proprietary ownership of the information other than as specifically provided for in North Carolina General Statutes 9NCGS) 132-1.4(c) and (f), (Criminal Investigations; Intelligence Information Records). (b) As established in Sections G and H of this LinX Carolinas MOU (and any other applicable operating procedures that may be established for the LinX Carolinas), information acquired through the LinX Carolinas system by any member and all members, shall be considered “sensitive law enforcement information,” the nondisclosure of which is essential to law enforcement for the protection of on-going investigations and persons’ rights to privacy. Therefore, in all cases, the member with proprietary interest will be immediately notified of a request for sharing or disclosure of that information from any agencies or parties outside of participating members in the LinX Carolinas system. The member with proprietary interest is then free to withhold or share the information, notwithstanding the initial presumption of its “sensitive law enforcement information” status by another member. (c) All members agree to assist and cooperate with any other member or members in protecting information from harmful disclosure to the fullest extent of the law. (d) It is not the intention of this agreement to circumvent or obstruct existing open government and/or public information disclosure laws. All requests from third parties for information contained in LinX Carolinas under the Public Records Law should be referred to the provider. Nor is there any intent to interfere with or obstruct lawful discovery. Rather, it is intended to ensure the protection of sensitive law enforcement information, information that has been designated as part of an active and ongoing investigative effort by any member, and other information as protected by applicable Federal, State, County or Municipal privacy laws.
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Sources: Memorandum of Understanding, Memorandum of Understanding