MEMORANDUM OF UNDERSTANDING between the Ocean County Prosecntor’s Office and the ‘U.S, Department of Justice, Drag Enforcement Administration regarding License Plate Reader Information 1. PARTIES ‘The Parties to this Memorandum of Understanding (MOU) are the Ocean Courity ‘Prosecutor’s Office and the U.S. Department of Justice, Drug Enforcement Administration (DEA), collectively “the Parties.” 2. PURPOSE, ‘The purpose of this MOU is to support tho missions of the Ovean County Prosecutor's Office and the DBA by 1) establishing the terms and conditions for sharing license plate reader (LPR) information and 2) establishing the teoms and conditions for the Parties* use and further dissemination of LPR information, 3. DEFINITIONS 31 “License Plate Readers” (LPRs) are devices that capture information presented to the public reganding vehicles being driven past them and/or within theirranges. 3.2 “LPR infomation? is information obtained by LPRs in compliance with the Jove. ‘Typically, itinoludes images of vehicles and license plate numbers. 3.3 “LPR information from DEA” is LPR information obtained from DEA, For example, “LPR information from DEA” includes LPR information that a state law énforcement agency sends DEA, 3.4 “DEAS LER information” is LPR information from DEA that DEA, itso, captuted, Itis a subset of “LPR information fiom DEA.” DEA relains all control of DEA’s LPR information even when itis not physically in DEA’s possession, ; 354, AUTHORITIES 4.1 The Occan County Prosceutor’s Office is authorized to enter into this MOU pursuant to: According to New Jersey Statute 24:158-5 a County Prosecutor“shall be vested with fae same powers and be subject to the same penalties, within his county, as the atiomey general shall by law be vested with or subject fo, and hoe shall use all reasonable and laveful diligence for the detection, arrest, indictment and conviction of offenders against the laws.” 42, DEA is authorized to enter into this MOU pursuant to the Comprehensive Drug Abuse Prevestion and Control Act of 1970, as amended, 21 U.S.C. § 801 er seq. The specific authority for DEA to enter info cooperative agreements for the exchange of information between governmental officials ‘concemning the use and abuse of controlled suibstances is 21 TLS.C. § 873. 5, SHARING AND USE OF LPR INFORMATION: 5.1 The Sharing of LPR Information 5.1.1 The Ocean County Prosecutor's Office shall provide DEA with LPR. ‘information in near real-time. ‘The information shall be transmitted via : a secure Internet connection, 5.1.2 ‘The Ocean County Proseoutor's Office, if capable, shall tg the LPR jnformation it originates go thet subsequent recipients can ascertain the agency from which it originated. Ifthe Ocean County Prosecutor’s Officeis not capable of tagging the LPR information, DEA will tag the LER information at the time the data is inserted into the database. 5.13 Employces whom the Occan County Prosecutor's Office sponsor, who apply for, and whom DEA authorizes shall be permitted to access LPR. ‘information from DEA. 5.14 DBA and the Ocean County Prosecutor's Office shall provide each other with the name of its point of contact regarding this MOU and update the point of contact ifhe/she changes. 5.2 The Use of LPR Information 52.1 The Ocean County Prosecutor's Office use of LPR information fom, DEA obtained pursuant to this MOU shall be in accordance with applicable law, this MOU, md DBA policy. 52.2. The Occan County Prosesuto:”s Office users shall access LPR {information ftom DEA only forthe investigntion ofa Serious cxime, to inolude an-Amber Alor, caxjacking, homicide, crime against children, violent crime against a person, illegal alien, terrorism, associate of a 2tomorist, principal target of an investigation, money launderer courier, mug trafficker, arms trafficker, alien smuggler, Kidnepper, wanted subject (extraditable to the jurisdiction requesting the alert), and fapitive (extraditable to the jurisdiction requesting the alert), 5.23 The Ocean County Prosecutor's Office users shall not tae any operational action based solely on LPR information from DEA. 5.3 The Redissemination of LPR information from DEA for Operational Parposes ‘The Parties ace authorized to redisseminate for operational purposes LPR. information from DEA obtained pursuant to this MOU only in accordance with applicable law, this MOU, and DEA policy. . FEDERAL AND STATE LAW OPEN RECORDS- AND FREEDOM OF INFORMATION-TYPES OF REQUESTS 6.1 The Parties shall respond to federal and state law open records- and freedom of information-types of requests for LPR information obtained pursuant to this MOU as required by law and, to the fullest extent possible consistent vith Jaw, as called for by the provisions of this MOU. 62, The Ocean County Prosecutor's Office shall determine its response to state Jaw open records- and freedom of information- types of requests cognizant of ‘the fut that DEA retains all control of DEA’s LPR information even when it isnot physically in DEA’s possession, See 3.4 above. . INFORMATION SECURITY, RETENTION, and INTEGRITY 7A The Parties agree to maintain administrativo, technical, and physical safeguards appropriate to the sensitivity of, and designed to appropriately proieot, the LPR information shared under this MOU against loss, theft, or ‘niguse, as well as unauthorized access, disclostre, copying, use, modification, storage, or deletion in accordance with the Federal Information. Security Management Act (FISMA), or similar state statute, and any applicable Privacy Act system of records notices. ‘These safeguards must include audit capabilities thet idemtify the LPR information the Pastics «disseminated pursuant to section 5.3 of this MOU'and a point of contact vithin the entity receiving the LPR information to provide audit information. + 72, The Panties shall make available LPR information received pursuant to this ‘MOU for a three month (90 day) period after receipt, unless the information ismoved to and maintained in a system that is governed by an alternate destruction schedule, In the event that LPR information is maintained ina federal Privacy Act system or systems of records, or a state equivalent of a ‘federal Privacy Act system or systems ofrecords, the information shall be maintained, shared, and used in accordance with the applicable system of records notice(s) and paragraphs 5.2 and 6 of this MOU, 37.3 When there has been or may have been unauthorized access, disclosure, copying, use, modification, storage, or deletion of LPR information received ‘pursvant to this MOU, the Party discovering the unauthorized activity sball promptly report to, and consult with, the other Party/Parties in accordance ‘with each Party’s/Parties’ incident reporting policies. Each Party shall contact the other Party's/Parties? point of contact to obtain that/those incident reporting policies, 8. COSTS ‘This MOU is not an obligation or commitments of fimds, nor a basis for transfer of fands, Unless otherwise agreed to in writing, each Party shall beer its own. costs in relation to this MOU, Expenditures by cach 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 aclmowledge that this in no way implies an appropriation of finds for such expenditures, 9. SEVERABILITY ‘Nothing in this MOU is intended to conflict with applicable Federal or state law, or with the policy of any Party. Ifa provision of this MOU is inconsistent with applicable Federal or state law, or with a Party's policy, then the Party shall ‘immediately so advise the other Party/Parties and all of the Parties shall detecmine ‘whother the remaining provisions of this MOU shall continue in effect. 10. EFEECT on OTHER AUTHORITIES ‘Nothing in thls MOU is intended to restrict the authority of any Party to act as pemitted by law, or to restrict eny Party fiom administering or enforcing any law, LL, BERECTIVE DATE ‘This MOU will become effective when signed by the representatives of all of tae Parties. 12. MODIFICATION ‘Tho Partios may jointly agree in waiting to modify this MOU. 13, TERMINATION Any Pasty may terminate this MOU by giving thirty (20) days? wsitien notice to the Party, In the event of termination, all provisions regarding the LPR information obtained pursvant to this MOU shall remain in effect,14, NO PRIVATE RIGHTS CREATED ‘This MOU does not create any right or benefit, substantive or procedural, enforceable in lav or in equity, against the United States or any state, against any department, agency, officer, employee of the United States or any state, against any entity, or any other person. County of Ocean Date: