(a) Intelligence information. A criminal justice agency may collect intelligence information in an automated system only if the following conditions are met:
- (1) The intelligence information concerns an individual or group which the criminal justice agency reasonably suspects of criminal activity.
- (2) The intelligence information is related to criminal activity that would give rise to prosecution for a State offense graded a misdemeanor or felony or for a Federal offense for which the penalty is imprisonment for more than 1 year.
- (3) The intelligence information is categorized based upon subject matter.
- (4) The intelligence information does not concern participation in a political, religious or social organization, or in the organization or support of a nonviolent demonstration, assembly, protest, rally or similar form of public speech, unless there is a reasonable suspicion that the participation by the subject of the information is related to criminal activity or prison rule violation.
- (5) The intelligence information is not collected in violation of State law.
- (b) Investigative and treatment information. Investigative information and treatment information may be placed within an automated or electronic criminal justice information system.
- (c) Central repository. Protected information may not be collected in the central repository.