FEDERAL BUREAU OF INVESTIGATION (FBI) (6)

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FOR OFFICIAL USE ONLY 5 INFORMATION SHARING 34. Records or reports created or obtained by the OC STOP TF are the property of the FBI and disclosure of such records, if it occurs, shall be pursuant to applicable federal law, with the approval of FBI. If such records are shared outside of the OC STOP TF with state and/or local law enforcement agencies, such records are merely loaned to the non- Federal agency and are subject to retrieval by the FBI at its discretion. In the event that the Anaheim Police Department, Santa Ana Police Department, Irvine Police Department, Garden Grove Police Department and/or California Highway Patrol receive a request pursuant to California's public records statute, Government Code sections 7920.000-7921.010, the civil or criminal discovery process, or other judicial, legislative, or administrative process, to disclose OC STOP TF records, the Anaheim Police Department, Santa Ana Police Department, Irvine Police Department, Garden Grove Police Department and/or California Highway Patrol Police Department will immediately notify the FBI of any such request in order to allow sufficient time for the FBI to seek to prevent disclosure through appropriate channels, if necessary. 35. No information possessed by the FBI, to include information derived from informal communications between OC STOP TF personnel and FBI employees not assigned to the OC STOP TF, may be disseminated by OC STOP TF personnel to non-OC STOP TF personnel without the approval of the OC STOP TF 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, OC STOP TF 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. 36. The Parties acknowledge that this MOU may provide OC STOP TF personnel with access to information about U.S. persons which is protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by OC STOP TF personnel requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. 37. Each Party that discloses personally identifiable information (PII) is responsible for making reasonable efforts to ensure that the information disclosed is accurate, complete, timely, and relevant. 38. 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. 39. 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. FOR OFFICIAL USE ONLY