ARC 0294D

ARC 0294D

PUBLIC SAFETY DEPARTMENT[661]

Notice of Intended Action

Proposing rulemaking related to criminal intelligence information
and providing an opportunity for public comment

    The Public Safety Department hereby proposes to rescind Chapter 81, “Criminal Intelligence Information,” Iowa Administrative Code, and to adopt a new Chapter 81 with the same title.

Legal Authority for Rulemaking

    This rulemaking is proposed under the authority provided in Iowa Code section 692.10.

State or Federal Law Implemented

    This rulemaking implements, in whole or in part, Iowa Code chapter 692.

Purpose and Summary

    Pursuant to Executive Order 10, the Department proposes to rescind Chapter 81 and adopt a new chapter in lieu thereof. The proposed chapter ensures the security and confidentiality of all systems established for the exchange of intelligence data between criminal and juvenile justice agencies and provides for the authorization of officers or employees to access a system in which criminal intelligence information is stored.

Regulatory Analysis

    A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on November 26, 2025. A public hearing was held on the following date(s):

     ?   December 22, 2025

    No public comments were received.

Fiscal Impact

    This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

    After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

    Any person who believes that the application of the discretionary provisions of this rulemaking would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to rule 661—10.222(17A).

Public Comment

    Any interested person may submit written or oral comments concerning this proposed rulemaking, which must be received by the Department no later than 4:30 p.m. on June 3, 2026. Comments should be directed to:

Public Hearing

    Public hearings at which persons may present their views orally or in writing will be held as follows:

    Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs.

Review by Administrative Rules Review Committee

    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).

    The following rulemaking action is proposed:

    ITEM 1.  Rescind 661—Chapter 81 and adopt the following new chapter in lieu thereof:

CHAPTER 81

CRIMINAL INTELLIGENCE INFORMATION

661—81.1(692) Definitions. The following definitions apply to this chapter.

    “Commissioner” means the commissioner of the department of public safety or the commissioner’s designee.

    “Criminal intelligence file” means information stored in a criminal intelligence system that is compiled in an effort to anticipate, prevent, or monitor possible criminal activity on:

    1.   An individual who, based upon reasonable grounds, is believed to be involved in the actual or attempted planning, organization, financing, promotion, or commission of criminal acts or is believed to be involved in criminal activities with known or suspected criminal offenders.

    2.   A group, organization or business that, based on reasonable grounds, is believed to be involved in the actual or attempted planning, organization, financing, promotion, or commission of criminal acts, or of being illegally operated, controlled, financed, promoted, or infiltrated by known or suspected criminal offenders.

    3.   An incident in which sufficient articulable facts give a trained law enforcement or criminal investigative agency officer, investigator, or employee a basis to believe that a definable criminal activity or enterprise is, has been, or may be committed.

“Criminal intelligence file” does not include surveillance data as defined in Iowa Code section 692.1.

    “Criminal intelligence system” means the arrangements, equipment, facilities, and procedures used for the receipt, storage, interagency exchange or dissemination, and analysis of criminal intelligence information.

    “Need to know” is established if criminal intelligence information will assist a recipient in anticipating, investigating, monitoring, or preventing possible criminal activity or if criminal intelligence information is pertinent to protecting a person or property from a threat of imminent serious harm.

    “Noncriminal identifying information” means information about the characteristics and associations of an identifiable person suspected of being involved in criminal activity.

    “Reasonable grounds” means information that establishes sufficient articulable facts that give a trained law enforcement or criminal investigative agency officer, investigator, or employee a reasonable basis to believe that a definable criminal activity or enterprise is, has been, or may be committed.

    “Right to know” is established when a recipient of criminal intelligence information is legally permitted to receive intelligence data or an intelligence assessment.

    “Surveillance data” means the same as defined in Iowa Code section 692.1(16). Noncriminal identifying information does not constitute surveillance data.

    “Threat of imminent serious harm” means a credible impending threat to the safety of a person or property. A threat of imminent serious harm justifies the dissemination of intelligence data or an intelligence assessment for the purpose of protecting a person or property from the threat.

661—81.2(692) Iowa law enforcement intelligence network (LEIN) information system.

    81.2(1) LEIN information system. The Iowa law enforcement intelligence network (LEIN) information system is the statewide interjurisdictional intelligence system maintained and operated by the intelligence division of the department of public safety, for the regular interagency exchange of criminal intelligence files. Criminal intelligence files contained in the LEIN information system may be disseminated or redisseminated by the intelligence division of the department of public safety, consistent with Iowa Code chapter 692.

    81.2(2) Direct computer access. The commissioner may authorize a peace officer, criminal justice agency, or state or federal regulatory agency to access the LEIN information system directly via a remote computer terminal, provided that the authorized individual or agency follows approved procedures regarding receipt, maintenance, dissemination, submission and security of information, and related training. Authorization may be provided in writing or electronically.

    81.2(3) Termination of authorization for direct computer access. The commissioner may, at any time for good cause, terminate authorization for direct, remote computer access to the LEIN information system that has been previously approved. An individual or agency whose authorization to directly access the LEIN information system via remote computer has been terminated may appeal the termination in accordance with procedures for contested cases established in 661—Chapter 10.

    81.2(4) Reinstatement of authorization for direct computer access. Any user whose authorization for direct, remote computer access to the LEIN information system has been terminated may apply for the authorization for access to be reinstated, provided that the problem that led to the termination has been corrected.

    81.2(5) Applications for direct computer access. To apply for direct, remote computer access to the LEIN information system or to obtain further information about the LEIN information system, a person may contact the Intelligence Division, Iowa Department of Public Safety, State Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa 50319, or by email at intinfo@dps.state.ia.us.

    81.2(6) Entry of information—restrictions. Information about the political, religious, racial, or social views, associations, activities or sexual orientation of any individual shall not be entered into the LEIN information system unless such information constitutes noncriminal identifying information or is relevant to an investigation of criminal conduct or activity involving an identifiable individual.

    81.2(7) Entry of information—conformance with applicable law. No information that is deemed unreliable because it has been obtained in violation of any applicable federal, state, or local law or ordinance, or these rules, may be entered into the LEIN information system.

    81.2(8) Dissemination. Intelligence data from the LEIN information system may be disseminated only to peace officers, criminal justice agencies, or state or federal regulatory agencies. Intelligence data from the LEIN information system may be disseminated only when there is a right to know and a need to know in the performance of a law enforcement activity. Intelligence data from the LEIN information system shall not be disseminated to any user whose authorization to access the LEIN information system has been terminated and has not been reinstated.

EXCEPTION: Intelligence assessments may be disseminated to any agency or organization for an official purpose or to a person in order to protect a person or property from the threat of imminent serious harm as defined in rule 661—81.1(692).

    81.2(9) Redissemination of intelligence data and intelligence assessment. An agency, organization, or person receiving intelligence data or an intelligence assessment from the department pursuant to Iowa Code chapter 692 may redisseminate the intelligence data or intelligence assessment only if authorized by the agency or peace officer who originally provided the data or assessment and if the data or assessment is for an official purpose in connection with the prescribed duties of the recipient. If the agency, organization, or person receiving the information is not a peace officer, criminal or juvenile justice agency, or state or federal regulatory agency, redissemination is allowed only if such redissemination is for an official purpose and if the information is redisseminated in order to protect a person or property from the threat of imminent serious harm. The department may also place restrictions on the redissemination by the agency, organization, or person receiving the intelligence data or intelligence assessment. Any agency, organization, or person who redisseminates intelligence data or an intelligence assessment pursuant to Iowa Code chapter 692 must maintain a list of the agencies, organizations, and persons receiving the intelligence data or intelligence assessment and the purpose of the redissemination. Intelligence data and intelligence assessments must be maintained separately from and should not be included in any form in any investigative or prosecutorial files. An agency, organization, or person who redisseminates information without proper authorization may be prohibited from receiving further intelligence assessments.

661—81.3(692) Criminal intelligence file security. The intelligence division of the department of public safety adopts administrative, technical, and physical safeguards, including audit trails, to ensure against unauthorized access and against intentional or unintentional damage to the LEIN information system. These safeguards include but are not limited to the following:

    81.3(1) Records indicating who has been given the information, the reason for release of information, and the date of any dissemination shall be maintained until the information has been purged.

    81.3(2) Criminal intelligence files shall be labeled to indicate security level and identities of submitting agencies and submitting individual.

    81.3(3) Where appropriate, effective and technologically advanced computer software and hardware designs shall be implemented to prevent unauthorized access.

    81.3(4) Any access to criminal intelligence files and computing facilities in which the files are stored shall be restricted to authorized personnel.

    81.3(5) Criminal intelligence files shall be stored in such a manner that the files cannot be modified, destroyed, accessed, purged, or overlaid in any fashion by unauthorized personnel.

    81.3(6) Computer systems on which criminal intelligence files are stored shall be programmed to detect, reject, and record any unauthorized attempt to access, modify, or destroy criminal intelligence files or to otherwise penetrate the security safeguards on such a system.

    81.3(7) Access to any information required to gain authorized access to criminal intelligence files, including access codes and passwords, shall be restricted only to personnel authorized to access these files. The intelligence division shall ensure that criminal intelligence files remain confidential when specific agreements are entered into with individuals or organizations that provide computer or programming support to the agency.

    81.3(8) Procedures shall be adopted to protect criminal intelligence files from unauthorized access, theft, sabotage, fire, flood, wind, and natural or other disasters.

    81.3(9) Procedures shall be adopted establishing the right of the intelligence division to screen and reject for employment any personnel who would, if hired, have access to criminal intelligence files.

    81.3(10) Procedures shall be established allowing the removal or transfer, based on good cause, of any existing employees from positions in which they have access to criminal intelligence files.

    81.3(11) Any compromise, or suspected compromise, of information that would allow unauthorized access into criminal intelligence files shall be reported without delay and, in any event, by the end of the next business day, to a supervisor within the intelligence division of the department of public safety.

    81.3(12) Any compromise, or suspected compromise, of information contained in criminal intelligence files shall be reported without delay and, in any event, by the end of the next business day, to a supervisor within the intelligence division.

661—81.4(692) Review of criminal intelligence files—purging.

    81.4(1) The intelligence division regularly reviews the information in criminal intelligence files for reclassification or purging. Decisions to retain, reclassify, or purge criminal intelligence files shall:

    a.  Ensure that the information is current, accurate and relevant to the needs of the agency.

    b.  Safeguard individual privacy interests protected by federal and state laws.

    c.  Ensure that security classifications remain appropriate.

    81.4(2) Information that is misleading, unreliable, or no longer useful shall be purged or reclassified, when necessary, without delay. Any person or agency to which the criminal intelligence file was disseminated shall be notified of the reclassification or purge.

    81.4(3) All information is reviewed within a five-year period of its submission to ensure compliance with subrule 81.4(1).

    81.4(4) All information retained after a review shall reflect the name of the reviewer, date of review, and an explanation of the decision to retain.

    81.4(5) Information that is not retained in a criminal intelligence file after a review shall be deleted from the LEIN information system.

661—81.5(692) Subpoenas and court orders. Any agency or individual shall notify the department in writing without delay and, in any event, by the end of the next business day of the receipt of any subpoena, court order, request for production, or other legal process demanding the production of a criminal intelligence file, so that the department has an opportunity to make a timely resistance.

These rules are intended to implement Iowa Code chapter 692.