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2006 Virginia Attorney General Reports and Opinions 1 (2006)

handle is hein.sag/sagva0029 and id is 1 raw text is: COMMONWEALTH of VTRGINIA Office of the Attorney General Robert F. McDonnell 900 East Main Street Attorney General August 17, 2006 RwhmondVirginia 23219 804-756-2071 FAX 804-786-1991 Virginia Relay serv ices 800-828-1120 Colonel W. Steven Flaherty Superintendent, Department of State Police P.O. Box 27472 Richmond, Virginia 2326R1-7472 Dear Colonel Flaherty: I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia. Issue Presented You ask whether §§ 52-12 through 52-15, which govern the state and local police communication system, and various federal policies and regulations preclude transfer of two components of the Department of State Police Virginia Criminal Information Network, along with the associated personnel, to the Virginia Information Technologies Agency. The two components at issue are the Criminal Information Network equipment and the SUN system.' Resolution of this issue centers on whether these components are subject to the consolidation requirement of Chapters 981 and 1021 of the 2003 Acts of Assembly. Response It is my opinion that Chapters 981 and 1021 of the 2003 Acts of Assembly and the authority granted to the Superintendent of the Department of State Police under Chapter 2 of Title 52, §§ 52-12 through 52-15 may be read in harmony to a certain extent. Chapter 2, however, relating to the Superintendent's control over the system, dictates that ultimate control over the Virginia Criminal Information Network must remain with the Superintendent. Further, it is my opinion that federal regulations require the Superintendent to retain control over the Network. Background Chapter 2 of Title 52 governs the basic State Police Communication System. Specifically, § 52-12 establishes a basic coordinating police communication system within the Department of State Police (VSP). The Virginia Criminal Information Network2 (VCIN) currently is recognized as the You provide information that the SUN system refers to the several servers, disk arrays, and tape systems that process and store sensitive files used for inquiry and updates by users of the Virginia Criminal Information Network. Additionally, you note that programs on the system generate Network messages allowing updates, including input of current data, and providing responses to inquiries. 7The SUN system is included in VCIN for purposes of this opinion. The SUN system stores the files used for inquiry and update by the VCIN.

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