FEDERAL BUREAU OF INVESTIGATION (FBI)

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INFORMATION SHARING 32. No information possessed by the FBI, to include information derived from informal communications between OCAOCTF personnel and FBI employees not assigned to the OCAOCTF, may be disseminated by OCAOCTF personnel to non-OCAOCTF personnel without the approval of the OCAOCTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, OCAOCTF personnel will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. 33. Any FBI or OCAOCTF personnel that discloses personally identifiable information (PI I) is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 34. The FBI is providing access to information from its records with the understanding that in the event the recipient becomes aware of any inaccuracies in the data, the recipient will promptly notify the FBI so that corrective action can be taken. Similarly, if the FBI becomes aware that information it has received pursuant to this MOU is inaccurate, it will notify the contributing Party so that corrective action can be taken. 35. The Parties are 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. 36. The Parties will immediately report to each other each instance in which data received from either the FBI or OCAOCTF is used, disclosed, or accessed in an unauthorized manner (including any data losses or breaches). 37. The Parties agree that either or both may audit the handling and maintenance of data in electronic and paper recordkeeping systems to ensure that appropriate security and privacy protections are in place. PROSECUTIONS 38. OCAOCTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 39. A determination will be made on a case -by -case basis whether the prosecution of OCAOCTF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the OCAOCTF. 5