LEIN Misuse

 

Misuse of the LEIN System

Criminal penalties for the misuse of LEIN are provided in Section 4 of the CJIS Policy Council Act, MCL 28.214, which specifically states:

  • For a first offense, guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
  • For a second or subsequent offense, guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

Use of driver information obtained through LEIN is prohibited by the federal Driver Privacy Protection Act (18 USC 2724) and Michigan compiled law 257.903:

  • 18 USC 2724 permits a criminal fine and allows for civil action to be taken: A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to whom the information pertains, who may bring a civil action in a United States district court.
  • MCL 257.903 states: a person who uses personal information for a purpose other than a permissible purpose in MCL 257.208c or 257.232 is guilty of a felony.

Criminal History Information obtained through the FBI National Crime Information Center is protected under 28 CFR 20 and misuse can result in:

  • ...a civil penalty not to exceed $10,000 for a violation occurring before September 29, 1999, and not to exceed $11,000 for a violation occurring on after September 29, 1999.