Fusion Center Privacy and Security Quiz

To help a fusion center director determine their level of lawful operation, Chuck Georgo of nowheretohide.org prepared the following thought-provoking ten question quiz. The quiz is designed to reduce or eliminate criticism of Fusion Centers that have been circulating recently. This quiz is meant to be criterion based, meaning that ALL ten questions must be answered “yes” to pass the test; any “no” answer puts that fusion center at risk for criticism or legal action.

Chuck is suggesting that if a Fusion Center is not practicing appropriate intelligence management then they are not only creating major problems for themselves, but fusion centers in general. They are setting the whole concept up to fail and may be even breaking the law, something they are sworn to uphold. Time then, to pay attention and be appropriately self-critical.

The Quiz

1. Is every fusion center analyst and officer instructed to comply with that fusion center’s documented policy regarding what information can and cannot be collected, stored, and shared with other agencies.
2. Does the fusion center employ a documented process to establish validated requirements for intelligence collection operations, based on documented public safety concerns.
3. Does the fusion center document specific criminal predicate for every piece of intelligence information it collects and retains from open source, confidential informant, or public venues?
4. Is collected intelligence marked to indicate source and content reliability of that information?
5. Is all collected intelligence retained in a centralized system with robust capabilities for enforcing federal, state or municipal intelligence retention policies?
6. Does that same system provide the means to control and document every dissemination of collected intelligence (electronic, voice, paper, fax, etc.)?
7. Does the fusion center regularly review retained intelligence with the purpose of documenting reasons for continued retention or purging of outdated or unnecessary intelligence (as appropriate) per standing retention policies?
8. Does the fusion center director provide hands-on executive oversight of the intelligence review process, to include establishment of approved intelligence retention criteria?
9. Are there formally documented, and enforced consequences for any analyst or officer that violates standing fusion center intelligence collection or dissemination policies?
10. Finally, does the fusion center Director actively promote transparency of its lawful operations to external stakeholders, privacy advocates, and community leaders?

Together, these ten points form a nice set of “Factors for Transparency” that any fusion center director can use to proactively demonstrate to groups like the ACLU that they are operating their fusion center in a lawful and proper manner.