DMV Photo System 
APPLICATION FOR ACCESS

AGENCY NAME/ORI:_______________________________________________________________
	The DMV Photo System (DMV Photo) allows authorized users to directly access the New York State Department of Motor Vehicles’ (DMV) database of digitized photo images to obtain a driver’s photo.  DMV Photo is accessible through eJusticeNY.  To initiate the application process, please complete this application and return it via fax, email or USPS mail to:
				
NYS Division of Criminal Justice Services
DMV Photo Program
Customer Contact Center, 1st floor
NYS Campus Public Safety Bldg 22
1220 Washington Avenue
Albany, New York 12226

Fax number: 518-457-5617
Email address: cccenter@dcjs.ny.gov

	Agency eligibility to participate in DMV Photo will be based on procedures to be jointly established by the commissioners of DMV and DCJS.  A written notification of approval to access DMV Photo will be e-mailed back to the agency Executive Officer or Chief within 15 days

	If there are any questions about DMV Photo or the application process, please contact the Integrated Justice (IJ) Portal Help Desk at 1-888-462-8003.

Agency Qualification

•	Does your agency have a current Use and Dissemination Agreement with DCJS?
	   
	Yes	_____    No   _____	
	
This application is submitted by (Agency Executive Officer or Chief):

Title/Name (print or type): _______________________________________________________					
	E-mail: ______________________________________________________________________

	Phone: _________________________________FAX:_________________________________

Address: _____________________________________________________________________

City/State/zip code: ____________________________________________________________

_____________________________________________________________________________
	Signature										Date

Appendix B

DMV Photo System 
USER AGREEMENT 
___________________
(hereinafter referred to as The Participating Agency)

agrees to conform to all rules and policies established by the New York State Department of Motor Vehicles (DMV) and the New York State Division of Criminal Justice Services (DCJS) concerning the use of DMV Photo System as set forth in the DMV Photo System Policies and Procedures Manual. 

The Participating Agency agrees to: 
comply fully with the terms of the Driver's Privacy Protection Act of 1994 (“DPPA”) (18 USC §2721 et seq.), the Information Security Breach and Notification Act (“ISBNA”) (General Business Law §899-aa and State Technology Law §208), and all other applicable laws and regulations respecting access to and use of motor vehicle records as stated in the DMV Photo System Policies and Procedures Manual and that it will continue to take all necessary action to insure compliance with said laws and regulations. 

It is understood by the Participating Agency: 
that the unauthorized acquisition of a DMV Photo image may require that notification of the unauthorized acquisition be given to the subject of interest pursuant to the ISBNA. 

It is understood by the Participating Agency: 
that remote audits of DMV Photo usage will be conducted by DCJS and that Periodic site audits (announced/unannounced) of DMV Photo System usage may be performed by DCJS in conjunction with their triennial audits eJusticeNY usage. 

It is understood by the Participating Agency: 
that a violation of the rules, policies, practices and procedures set forth in the DMV Photo System Policies and Procedures Manual may result in the immediate or delayed suspension or removal from participation in the DMV Photo System, as deemed appropriate by DMV and DCJS. 

______________________________________________________
Agency Executive Officer or Chief (Title/Name) 
gnature Date 
_________________________________			____________________________
Signature 						Date

Appendix C

DMV Photo System:
POLICIES AND PROCEDURES MANUAL

1.0	GENERAL PROVISIONS:

	1.01	The DMV Photo System (DMV Photo) allows authorized users to directly access 			the New York State Department of Motor Vehicles’ (DMV) database of digitized 			photo images to obtain a driver’s photo.  

	1.02	DMV Photo is not an intelligence system and does not allow authorized users to 			conduct generalized searches of the DMV digital photo database.  

	1.03	Participating Law Enforcement Agencies (LEA) agree to abide by the terms and 			conditions governing the use of DMV Photo and that they will comply fully with 			the terms of the Driver's Privacy Protection Act of 1994 (“DPPA”) (18 USC 			§2721 et seq.), the Information Security Breach and Notification Act (“ISBNA”) 			(General Business Law §899-aa and State Technology Law §208) and all other 			applicable laws and regulations respecting access to and use of motor vehicle 			records and to  continue to take all necessary action to insure compliance with 			said laws and regulations. 

2.0	GENERAL SYSTEM DESCRIPTION

	2.01	The purpose of DMV Photo is to ensure that participating LEAs and 				individual Requestors (defined below at 7.02)  are able to expeditiously obtain 			the DMV photo image of a subject of interest: relevant to an active or potential 			criminal investigation, a fugitive wanted pursuant to a sworn arrest warrant, a 			witness to a crime or criminal activity whose whereabouts are unknown,  a 			missing person due to a crime or suspected criminal activity,  a driver not in 			possession of his/her driver license; or a driver who’s driver license appears 			fraudulent. 

3.0	ADMINISTRATION

	3.01	DMV Photo is jointly maintained by DMV and the NYS Division of 				Criminal Justice Services (DCJS) pursuant to a Memorandum of 					Understanding.  LEAs are defined as: New York State Police, District 				Attorneys and investigators employed in District Attorney offices (as defined in 			NYS Penal §1.20[32] and §1.20[34][g]), local police departments and sheriffs 			offices (as defined in NYS Penal Law §1.20[34][b] and [d]), New York State 			agencies that employ investigators assigned to law enforcement units (as defined 			in NYS Penal Law §1.20[34][j][k][m] and [q]), and, federal agencies located 			within New York State that employ investigators assigned to law enforcement 			units.  	Law enforcement agencies not specifically referenced within the above 			definition of “LEA” can apply for access however all such applications must 			be approved by DCJS and DMV.

4.0	SYSTEM SUPPORT SERVICES

	4.01	All questions concerning access, connectivity or system maintenance shall 			be submitted to the Integrated Justice (IJ) Portal Help Desk at 1-888-462-8003.

	4.02	All service related issues will be addressed by the DCJS Customer 	Services 			Group in a timely manner during normal business hours.  

5.0	APPLICATION

	5.01	To apply for access to DMV Photo, the agency Executive Officer or Chief 	must 			complete and submit the following forms:

		5.01.1	   “Application for DMV Photo Access”; and,
		5.01.2	   “DMV Photo User Agreement”,
	
	5.02	Electronic versions of these forms, plus the DMV Photo System Policies 	and 			Procedures Manual, are available on eJusticeNY within the Law 	Enforcement 			Services suite – access “Overview” and click tab for “DMV Photo Resources”.

	5.03	All forms must be sent via fax, email or US postal mail to: 

NYS Division of Criminal Justice Services
DMV Photo Program
Customer Contact Center, 1st floor
NYS Campus Public Safety Bldg 22
1220 Washington Avenue
Albany, New York 12226

Fax number: 518-457-5617
Email address: cccenter@dcjs.ny.gov

	5.04	Agency eligibility to participate in DMV Photo will be based on procedures to 			be jointly established by the commissioners of DMV and DCJS.

	5.05	A written notification of approval to access DMV Photo will be e-mailed back to 			the agency Executive Officer or Chief within 15 days.

6.0	USER AGREEMENT

	6.01	By signing the DMV Photo User Agreement, the agency Executive Officer or 			Chief agrees that the LEA will abide by the terms and conditions governing the 			use of DMV Photo and that it will comply fully with the terms of the DPPA, the 			ISBNA, and all other applicable laws and regulations respecting access to and use 		of motor vehicle records and that it will continue to take all necessary action to 			insure compliance with said laws and regulations. 

	6.02	By signing the DMV Photo User Agreement, the agency Executive Officer or 			Chief understands that the unauthorized acquisition of a DMV Photo image may 			require that notification of the unauthorized acquisition be given to the subject of 			interest pursuant to the ISBNA.

	6.03	Participating LEAs agree to execute a new DMV Photo User Agreement when 			significant changes/upgrades are made to the DMV Photo system and/or are 			required to by either DCJS or DMV.

7.0	REQUESTOR

	7.01	A “Requestor” is an individual law enforcement officer with access rights to 			eJusticeNY and the DMV Photo suite. 

	7.02	Requestors are responsible for ensuring that every request is linked to an 				investigation as defined in 2.02 and that the information submitted with each 			request is accurate.

	7.03	Due to the personal, private nature of the information available through DMV 			Photo, the LEA is responsible for establishing intra-agency 	protocols that 				optimally safeguard all information submitted to, and received from, DMV Photo.  

	7.04	The Requestor  must provide the following information via eJusticeNY in 	order 			to obtain a photo image: 

		7.04.1	   the LEA specific case number (if applicable);		
		7.04.2     the full name and client ID number of a person whose image 
			   is being retrieve);
		7.04.3	   the reason code; and,
		7.04.4	   the contents, if any, of the optional comments field.

	7.05	By completing the eJusticeNY DMV Photo request screen, the Requestor 				certifies that the subject of interest has a driver’s license, learner’s permit 	or non-			driver identification card issued by DMV, that the subject of interest is linked to 			an investigation as defined in section 2.02 and acknowledges that access to a 			DMV Photo image for an impermissible purpose (defined within Section 11, 			below) may subject the Requestor 	to administrative discipline and/or 				criminal prosecution.

8.0	SUBMISSIONS VIA eJusticeNY

	8.01	Each Requestor must be an authorized user of eJusticeNY in order to access the 			DMV Photo System suite.  To register with eJusticeNY, the LEA’s eJusticeNY 			Terminal Access Coordinator (TAC) must notify the DCJS Customer Contact 			Center at 1-888-462-8003 and request that the designated Requestor be given 			access rights to eJusticeNY.

	8.02	To obtain a DMV photo image using DMV Photo, the Requestor must submit 			the following information:

		8.02.1	   the LEA specific case number (if applicable);		
		8.02.2     the full name and client ID number of a person whose image is 
               		   being retrieve);
		8.02.3	   the reason code; and,
		8.02.4	   the contents, if any, of the optional comments field.

	8.03	Permissible reasons (“reason code”) for requesting a DMV photo image are: 

		8.03.1	   Criminal Investigation – defined as: an active investigation of a crime, 				   or suspected criminal activity, occurring within the LEA’s jurisdiction;  
		8.03.2	   Warrant Investigation – defined as: subject of interest is wanted 				   pursuant to a sworn arrest warrant; 
		8.03.3	   Witness Investigation – defined as: subject of interest is a witness to a 				   crime or suspected criminal activity occurring within the LEA’s 					   jurisdiction and his/her whereabouts are unknown; or
		8.03.4	  Missing Person Investigation – defined as: subject of interest is missing 			  due to a crime or suspected criminal activity occurring within the LEA’s 				  jurisdiction.
		8.03.5	  Vehicle Stop – defined as: subject of interest is a driver not in possession 			  of his/her driver license, or a driver whose driver license appears 					  fraudulent. 

9.0	PERMISSIBLE USES OF DMV PHOTO IMAGES

	9.01	Photo images obtained from DMV Photo can be used for investigative 				purposes only, including but not limited to:

		9.01.1	   use in a law enforcement photo array when the subject of 			   			   interest is a suspect in an active/open investigation;
		9.01.2	   use in a wanted poster when the subject of the request is wanted 					   pursuant to a sworn arrest warrant;
		9.01.3	   use in a missing persons poster; or,
		9.01.4	   use in a press release when the subject of the request is wanted pursuant 				   to a sworn arrest warrant or is a missing person.

10.0	IMPERMISSIBLE USES OF DMV PHOTO IMAGES

	10.01	Accessing and/or releasing a DMV Photo image for an impermissible 				purpose may subject the requestor and/or the individual responsible for its 			unauthorized release to administrative discipline and/or criminal 				prosecution.

	10.02	Photo images obtained from DMV Photo SHALL NOT be saved in a 				database or stored in any manner for secondary or subsequent use unrelated to 			the original active investigation.

	10.03	Photo images obtained from DMV Photo SHALL NOT be used as fillers in a 			photo or video array. 

	10.04	Photo images obtained from DMV Photo SHALL NOT be used in more than 			one investigation.  If an individual has been the subject of a previous request to 			DMV Photo by the LEA, a new request must be submitted and properly 				documented prior to making a subsequent request for the image. 

	10.05	As stated above, DMV Photo images are for investigative purposes only.  	It is 			NOT permissible to use DMV Photo for any other purpose, including:

		10.05.1   personal use;
		10.05.2   sale, publication or disclosure for commercial purposes; or,
		10.05.3   release to the public, unless the release occurs as part of an 		   			   official law enforcement investigation and the subject of interest is 				   wanted pursuant to a sworn arrest warrant or is a missing person.

11.0	OUT-OF-STATE REQUESTS 

11.1	It is not permissible for a Requestor to request a DMV Photo image on behalf of another LEA, including out-of-state agencies.

11.2	All inquiries for a DMV Photo image made to a participating LEA by an out-of-state agency must be denied and the out-of-state agency directed to submit their request to the New York State Intelligence Center (NYSIC) at (518) 786-2100 or 866-48-NYSIC (866-486-9742), or via email to CIU@nysic.ny.gov.

11.3	Upon receipt of a request for a DMV Photo image by an out-of-state agency, NYSIC must validate that the requesting agency is a law enforcement agency, confirm that the request relates to a subject of interest as defined within section 2.01 above, and advise the out-of-state agency that they must comply fully with the terms of the Driver's Privacy Protection Act of 1994 (“DPPA”) (18 USC §2721 et seq.), the Information Security Breach and Notification Act (“ISBNA”) (General Business Law §899-aa and State Technology Law §208) and all other applicable laws and regulations respecting access to and use of motor vehicle records.

11.4	NYSIC will record the following information when submitting a request for a DMV Photo image via eJustice on behalf of an out-of-state agency:
11.04.1   Title, address and phone number of the out-of-state agency 
		11.04.2   Name, rank and phone number of out-of-state requestor;
		11.04.3   the LEA specific case number and the purpose of the request;
		11.04.4   the date and time of request; and,
		11.04.5   the name and client identification number of the person whose 
              		   image was requested.
		 
11.5	NYSIC personnel processing a request to obtain a DMV photo on behalf of an out-of-state Requestor must use the “Out-of-State” reason code when submitting the request vial eJustice.

11.6	Pursuant to DPPA, NYSIC must keep for a period of 5 years the information described in section 11.4 above for each out-of-state request. 

12.0	SECURITY/AUDIT

	12.01	To insure that DMV Photo will be used for investigative purposes only, an 			electronic audit log of each request submitted by individual Requestors will be 			maintained by DCJS.  

	12.02	The DMV Photo audit log will capture the following information for every 			submission: 

		12.02.1   Name and ORI number of the LEA 
		12.02.2   eJusticeNY user ID;
		12.02.3   the LEA specific case number (if applicable);
		12.02.4   the date and time of request;
		12.02.5   the reason code for the request;
		12.02.6   the name and client identification number of the person whose 
              		   image was requested
		12.02.7   the DMV transaction number, date and time, disposition code 
               		   and/or error message; and
		12.02.8   the contents, if any, of the optional comments field 

	12.03	A DMV Photo audit log, specific to each LEA, will be available on eJusticeNY.  			To access the audit log, the individual designated by the LEA to internally audit 			use of DMV Photo must access the “Agency Administration” suite on eJusticeNY, 		click “Audit Log” and select “DMV 	Photo Audit Request Log”.  The LEA shall 			use the audit log to regularly review submissions to DMV Photo to ensure that 			requests for photo images are made pursuant to section 2.02 above.   

	12.04	Remote audits of DMV Photo usage by the LEA will be conducted to identify 			potential misuse of the system.  Should the remote audit reveal possible misuse, 			an on-site audit of the LEA will then be performed.    

	12.05	Regular on-site audits of DMV Photo usage will be performed every three 				years by DCJS in conjunction with their routine audits of eJusticeNY use.  			Site audits, which may or may not be announced, will require the LEA to 				make available to DCJS  auditors all available records corresponding to 				every request submitted to DMV Photo during the previous five years.

13.0	CONCLUSION

	13.01	Use of a photo image from DMV   Photo in violation of the terms and conditions 			set forth in this Policies and Procedures Manual, the DPPA and any other 				applicable laws or regulations respecting access and use of motor vehicle records 			may result in the disqualification of the LEA from future participation in DMV 			Photo.