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THIRD-PARTY DATA SHARING AUTHORIZATION
This Third-Party Data Sharing Authorization (“Authorization”) is entered into as of
March 10th, 2025 between the El Mirage Police Department (“Agency”) and Peregrine
Technologies, Inc., a Delaware corporation with a mailing address at P.O. Box 7775
#69596, San Francisco, California 94120 (“Peregrine”).
WHEREAS, Peregrine provides, among other products and services, a proprietary
hosted real-time decision and operations management platform for use by public
safety agencies (such as Agency) (the “Peregrine Platform”);
WHEREAS, Agency is a Peregrine customer and user of the Peregrine Platform; and
WHEREAS, in accordance with the terms of this Authorization, Agency desires to
share and receive certain law enforcement-related data (“Law Enforcement Data”)
via the Peregrine Platform with other Peregrine customers within the State of Arizona
(the “Approved Law Enforcement Network”).
NOW, THEREFORE, in consideration of the mutual acknowledgements identified
herein, Agency agrees as follows:
1.
AUTHORIZED RELEASE OF LAW ENFORCEMENT DATA A.
Sharing of Law Enforcement Data:
Agency authorizes the sharing of Law Enforcement Data with Peregrine customers
within the Approved Law Enforcement Network (“Approved Agencies”) as permitted
by applicable laws, rules, and regulations, and authorizes Peregrine to enable such
sharing via the Peregrine Platform. Should Agency not want certain Law Enforcement
Data to be made available to other Approved Agencies, Agency must identify the
applicable Law Enforcement Data to Peregrine in writing and work together with
Peregrine to restrict the sharing of that Law Enforcement Data with such specified
Approved Agencies. The Peregrine Platform provides access controls that enable its
customers (including Agency) to conceal any piece of Law Enforcement Data based
on the type of record (including, but not limited to, Evidence, Person(s), or Vehicle(s)),
its record properties (including, but not limited to, Case Number, Name, or Phone
Number), and any combination thereof.
Agency shall work with Peregrine to articulate, in writing, the restrictions pertaining to
the Approved Agencies allowed to access shared Law Enforcement Data and the data
types not to be shared with other Approved Agencies (the “Sharing Framework”). The
Sharing Framework is a precondition to enabling and implementing data sharing in the
Peregrine Platform and must be finalized prior to the activation of the data sharing
feature. Agency shall obtain any necessary third-party consent(s) or approval(s)
required to enable the sharing of such Law Enforcement Data in accordance with this
Authorization and the Sharing Framework.
Nothing in this Authorization shall be construed to require Agency to share Law
Enforcement Data with any other Peregrine customer.
B.
Limitation on Law Enforcement Data Sharing:
Agency shall only share or release Law Enforcement Data to authorized
representatives of Approved Agencies who have an approved login and password to
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the Peregrine Platform ("Authorized Users") and who have a need or right to know
information contained within the Law Enforcement Data under the Sharing
Framework.
Agency retains the right to withhold any specific record or any category of records from
being shared for any reason at any time, either by choosing to restrict records or by
requesting Peregrine do so. Any disputes or requests to share withheld records shall
be resolved between the Agency and each Approved Agency under any applicable
laws, rules, regulations, policies and standards.
C.
Compliance with Laws:
Agency acknowledges that Peregrine’s customers are generally subject to laws, rules,
regulations, policies, and standards requiring public disclosure of certain government
materials, meetings, and records (commonly referred to as “Public Records” or
“Sunshine Laws”). While Law Enforcement Data shared via the Peregrine Platform
via this Authorization will be subject to such applicable disclosure laws, Agency agrees
to use reasonable efforts to ensure any Law Enforcement Data received from another
Approved Agency is confidentially maintained and only Authorized Users shall be
permitted to obtain the applicable Law Enforcement Data. Any Law Enforcement Data
obtained by Agency shall only be used for purposes consistent with existing law.
Agency does not waive any exemption under any disclosureSunshine Laws or any
other laws, rules, regulations, policies, or standards that may apply to the Law
Enforcement Data.
Further, Agency acknowledges that sharing Law Enforcement Data via the Peregrine
Platform in accordance with this Authorization is subject to the applicable laws, rules,
regulations, policies, and standards of the jurisdiction in which Agency is based
controlling the release of information, access control, retention of records and
reporting duties. Agency acknowledges that it is Agency’s and each other Approved
Agency’s obligation to comply with the foregoing connection with the sharing of Law
Enforcement Data with each other over the Peregrine Platform.
2.
LAW ENFORCEMENT DATA OWNERSHIP A. Ownership:
Agency retains ownership of all of its respective Law Enforcement Data. Agency and
each Approved Agency is responsible for creating, updating, and deleting data
(including Law Enforcement Data) in its own systems of record according to its own
retention policies. Agency shall make reasonable efforts to ensure the completeness
and accuracy of its Law Enforcement Data. B. Release of Information:
Agency shall authorize the release of Law Enforcement Data only to Approved
Agencies authorized under the Sharing Framework to receive such Law Enforcement
Data.
C.
Unauthorized Requests:
If Agency receives a request for Law Enforcement Data stored on the Peregrine
Platform by an entity who is not authorized to receive such Law Enforcement Data
under the Sharing Framework, Agency shall refer the request to the Approved Agency
that owns, created, or originated the requested Law Enforcement Data ("Source
Agency").
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D.
Public Record Requests, Subpoenas and Court Orders:
If Agency receives a public records request, subpoena, or court order ("Legal
Request") for Law Enforcement Data that was not owned, created, or originated by
Agency, Agency shall refer the requestor to the appropriate Source Agency.
3.
USER ACCESS
A.
Login Application Process:
Agency shall designate an Authorized User with administrative privileges to govern its
Law Enforcement Data-sharing policy (the “Manager”). The Manager is responsible
for managing permissions and access regarding Law Enforcement Data sharing for
each Authorized User. Agency agrees that Authorized Users shall be limited to current
authorized representatives who are legally authorized to review criminal history data
for crime prevention and detection purposes. Each potential user shall submit a
request for a login and password to the Manager or their designee. The Manager shall
have the sole discretion to deny or revoke individual access for Agency’s Authorized
Users.
B.
Login Assignment:
Each Authorized User will be issued a user login and a password by the Manager.
Authorized Users may be assigned to groups that have varying levels of access rights
based on their roles and functions within Agency’s organization, as well as the level of
sensitivity or restriction applicable to different pieces of data or information.
C.
Termination of Logins:
Manager is responsible for the timely removal of any login accounts associated with
Authorized Users who leave Agency, no longer qualify for access to the Peregrine
Platform, or are denied access by the Manager for any other reason. D. Intended Use:
Agency shall ensure that each Authorized User utilizes Law Enforcement Data
received from other Approved Agencies solely for law enforcement purposes and in
accordance with any applicable laws, rules, regulations, policies, or other authorized
purpose.
C.
Limitations on Use of Logins:
Agency shall ensure that each Authorized User shall not access Law Enforcement
Data by using a name or password that was assigned to another Authorized User.
Agency will ensure that each Authorized User does not give his or her password to
any other person, including another Authorized User. F. Audit Trail:
Each action taken by an Authorized User (including, but not limited to Searches,
Downloads, Shares, and Views) will be logged in the Peregrine Platform and will
include a Case Number where applicable to create an audit trail of Authorized User
actions. Any requests for logs of actions taken in the Peregrine Platform made by
Authorized Users, representatives internal to Agency (including, but not limited to
Internal Affairs personnel, supervisory personnel, or Records staff), or elected bodies
overseeing Agency (including, but not limited to a County Board of Supervisors or City
Council) shall be made in writing to the Manager, who shall provide the logs to the
requestor within a reasonable amount of time and in accordance with applicable laws.
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Manager (or its designee(s)) will conduct routine reviews of all audit information to
confirm that the Law Enforcement Data that is shared maintains compliance with
applicable Agency policies. The frequency and content of these reviews will be
determined by each Manager based on relevant applicable state law. G. CJIS
Compliance:
Agency and all Authorized Users shall comply with the U.S. Department of Justice
Criminal Justice Information Services Security Policy (“CJIS Policy”), including any
revisions to the CJIS Policy that may be implemented after the Effective Date of this
Authorization.
4.
CONFIDENTIALITY OF INFORMATION
A. Law Enforcement Data Confidentiality:
Information in a Peregrine Platform account is confidential and not subject to public
disclosure, except as required by applicable law. Only Authorized Users are allowed
to view and use the information in a Peregrine Platform account. Otherwise, the Law
Enforcement Data shall be kept confidential for purposes of not compromising active
investigations or undercover operations, or otherwise jeopardizing officer or public
safety, or Agency’s ability to perform its duties.
B. Internal Requests for Law Enforcement Data:
An Authorized User who receives a request from a non-authorized requestor for
information in a Peregrine Platform account shall not release that information but may
instead refer the requestor to the Source Agency. C. Removal or Editing of Records:
Agency and each Approved Agency shall determine its own schedule for record
deletion and other edits to their own data in their systems of record. This will be
determined by the Agencies’ policies and any applicable legal requirements.
5.
RELATIONSHIP TO CUSTOMER AGREEMENT
A. Nothing in this Authorization shall be construed to modify or otherwise
affect the terms of any subscription agreement or other agreement in place
between Agency and Peregrine (the “Peregrine Agreement”) except that
Agency agrees that, notwithstanding any term of any Peregrine Agreement,
Peregrine’s enablement of and activities with respect to the activities described in
this Authorization shall not be considered a breach of the Peregrine Agreement.
This Authorization will otherwise be subject to and governed by the terms and
conditions of the Peregrine Agreement (as modified by this Authorization).
B. Agency acknowledges Peregrine’s intent to implement this
Authorization once signed. Peregrine will use reasonable efforts to implement
any modifications or requests from Agency or other Approved Agencies with
regard to the Sharing Framework for the duration of this Authorization.
6.
EFFECTIVENESS OF AUTHORIZATION
This Authorization will commence upon its execution by Agency. It may be terminated
at any time, with or without notice, by Agency or Peregrine revoking Law Enforcement
Data sharing access from Agency and/or all other Approved Agencies (as applicable).
7.
COUNTERPARTS
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This Agreement may be signed in counterparts, each of which shall be deemed to be
an original. The Parties agree that the digital signatures of the parties included in this
Agreement are intended to authenticate this writing and have the same force and
effect as manual signatures. Any digital signature shall have the same legal validity
and enforceability as a physically executed signature or use of a paper-based record
keeping system to the fullest extent as permitted by applicable law.
8.
SIGNATURES.
The individuals executing this Authorization represent and warrant that they have the
authority and legal capacity to enter into and execute this Authorization on behalf of
Agency and Peregrine, respectively.
Authorized by:
_________________________
El Mirage Police Department
Authorized by:
Date: _________________
_________________________
Date: _________________
Peregrine Technologies, Inc.