MSP Privacy Notice

The Michigan State Police (MSP) is committed to protecting the privacy of your potentially personally identifiable data (PPID) in a strong and meaningful manner. Our privacy policy is designed to inform both members of the public and our employees about the PPID information we collect, how we use it, how we maintain it in our systems, under what circumstances you may access or correct your own information, and what we may disclose to others.

Types of Personal Information

Biometric Identification Information

MSP may collect and use your biometric Information, including (but not limited to): fingerprint images, palm print images, iris images, digital images captured during your arrest or booking, and descriptive data associated with all images, identifying marks, scars, amputations, and tattoos, for identification and investigative purposes. It may also require submission of biometric information for employment purposes. This information is protected, retained, and used in compliance with the Bureau of Criminal Identification and Records Act, Act 289 of 1925. This act also allows for data sharing between interstate, national, and international systems for criminal identification purposes.  

Biometric Information may also be submitted voluntarily for specific programs, such as for identification of individuals with special health care needs, per the Fingerprinting Residents of this State Act, MCL 28.274.

DNA identification profile information may be collected, analyzed, indexed, and retained by MSP, as specified in the DNA Identification Profiling System Act, Act 250 of 1990. This act allows DNA profiles to be used for law enforcement identification purposes or to assist in the recovery or identification of human remains or missing persons. If personal identifiers are removed, it may also be used or shared for academic, research, statistical analysis, or protocol development purposes. 

The following notice will be given to all individuals who provide a DNA sample (MSP FORM BID-016):

At the time a DNA sample is taken, please be advised: 

(a) That, except as otherwise provided by law, your DNA sample or DNA profile, or both, shall be destroyed or expunged, as appropriate, if the charge for which the sample was obtained has been dismissed or resulted in acquittal, or no charge was filed within the limitations period. 

(b) That your DNA sample or profile, or both, will not be destroyed or expunged, as appropriate, if MSP determines you are otherwise obligated to submit a sample or if it is evidence relating to another individual that would otherwise be retained under MCL 28.176. 

(c) That the burden is on the arresting law enforcement agency and the prosecution to request the destruction or expunction of a DNA sample or profile as required under MCL 28.176, not on you.

 

Criminal History Information

Criminal History Record information includes name; date of birth; personal descriptions including identifying marks, scars, amputations, and tattoos; aliases and prior names; social security number, driver's license number, and other identifying numbers; and information on misdemeanor arrests and convictions and felony arrests and convictions.   

Pursuant to the Bureau of Criminal Identification and Records Act, Act 289 of 1925, MSP is responsible for procuring and filing criminal history record information on all persons arrested within the State of either a felony or a misdemeanor, or criminal contempt charge.  

Criminal History information is available to criminal justice personnel and other entities, for both criminal justice purposes and other purposes specifically authorized by law.  

Public Criminal History Record information can be accessed by the public through the Internet Criminal History Access Tool (ICHAT) at https://www.michigan.gov/ichat. ICHAT will not provide Criminal History information that is nonpublic or prohibited by law from being disseminated. 

Information on how to obtain or correct your own Criminal History can be found at https://www.michigan.gov/msp/0,4643,7-123-1878_8311-10418--,00.html.


Criminal Justice Information 

MSP may directly or indirectly collect potentially personally identifiable data from individuals in the course of performing its statutory duties. This information may exist on paper or electronically, and may be captured in written, audio, video, or other formats. This information is used for the sole purpose of administering criminal justice.   

Criminal Justice Information is used and disclosed solely for Criminal Justice purposes, or as required by law. It is protected, retained, and used in compliance with the Federal Bureau of Investigations (FBI) Criminal Justice Information Systems (CJIS) Security Policy, the CJIS Policy Council Act (Act 163 of 1974), and other applicable state statutes.   


Driver License and Motor Vehicle Information

MSP may access and use “personal information” or “highly restricted personal information” from a State department of motor vehicles for reasons permitted by 18 USC 2721 or the Michigan Vehicle Code, Act 300 of 1949. The Michigan Vehicle Code grants MSP access to this information during the performance of law enforcement functions.

MSP may also access and use your driver photograph and electronic signature per the Michigan Vehicle Code (MCL 25.307), the State Personal Identification Card Act (Act 222 of 1972), and the Enhanced Driver License and Enhanced Official State Personal Identification Card Act (Act 23 of 2008) for a law enforcement purpose authorized by law, for compliance with the Sex Offenders Registration Act (Act 295 of 1994), or for issuing a license under the Firearms Act (MCL 28.425c).   

MSP collects vehicle license plate number and location information from select public roadways using License Plate Recognition technology for the purpose of locating vehicles related to open investigations, vehicles entered into the Law Enforcement Information Network (LEIN), or vehicles entered into the FBI National Crime Information Center (NCIC) system. This information is retained, used, and shared in accordance with departmental policy. 


Employee Information 

MSP collects and retains personal identifying information on its employees over the course of employment, including (but not limited to): name, race, gender, date of birth, address, social security number, fingerprints, photos, driver’s license number, phone number and marital status.  

Digital images are also captured throughout employment for use on employee identification cards, and as needed for publications. Digital images are stored throughout the duration of the employee’s active work history and in accordance with the department retention policies.  

Banking information is collected for the purpose of direct deposit. Personal Information of your beneficiaries may be requested for providing final compensation, supplemental insurance, or emergency contact purposes. Similar information may be required of individuals trained, licensed, or certified by the agency.  

All employees and contractors must submit to a fingerprint-based and name-based background check prior to employment. Fingerprints are retained indefinitely, and MSP will automatically be notified if your fingerprints are run by another agency.   

MSP and the Department of Technology, Management, and Budget (DTMB) may monitor employee use of State-Owned equipment, including the location of mobile devices and vehicles.  

Employee information may be shared with the DTMB.  

Employees may obtain copies of their Human Resources file. They may also obtain a copy of their public Criminal History record through the ICHAT system. Employees covered by a collective bargaining agreement should consult that document for information on process and procedure.   


Firearms Information

MSP collects and uses personal and protected information related to Concealed Weapons Permit applications and Firearms Records pursuant to the Firearms Act, Act 372 of 1927.  

An application for a Concealed Weapons Permit requires the individual to submit biometric Information in the form of fingerprints, as well as personal information that includes legal name, date of birth, address, phone number, email address, state issued driver’s license or personal identification card number, race, gender, height, hair color, eye color, state of residence, citizenship, and immigration status. It also requires information regarding mental illness, criminal history information, status with the armed forces, a photograph (self-submitted or obtained electronically from the Michigan Department of State), and signature.   

An application for a license to purchase, carry, possess or transport a pistol requires an individual to provide their name, date of birth, race, sex, address, county, CPL Number (or FFL Number or MCOLES Number), phone number and signature.   

Firearms records are confidential and not subject to disclosure under the Freedom of Information Act. Firearms records are only available to law enforcement and are accessible only for purposes specified in the Firearms Act.  


Intelligence Information    

MSP may collect and use potentially personally identifiable data for intelligence and criminal analysis purposes. Intelligence Information may be obtained from numerous public sources, voluntary contributions from public or nonpublic entities, and provided by law enforcement resources. Intelligence information may be shared with other entities, as deemed appropriate and as permitted by the Interstate Law Enforcement Intelligence Organizations Act, Act 201 of 1980. Intelligence Information is protected, retained, used, and disclosed in compliance with 28 CFR 23 and/or applicable state statutes.  

A detailed privacy policy regarding Intelligence Information can be found on the Michigan Intelligence Operations Center (MIOC) website at https://www.michigan.gov/mioc.   


Medical Information Sharing

The Department of Licensing and Regulatory Affairs provides MSP the ability to electronically verify that a Medical Marijuana Card is valid, pursuant to the Michigan Medical Marihuana Act (Initiated Law 1 of 2008).   

The Department of Licensing and Regulatory Affairs provides MSP with Opioid Prescription information when the information is required for a criminal investigations, pursuant to the Public Health Code (MCL 333.7333a).

MSP will only use medical information to the extent that it is necessary for a criminal investigation. All policies and procedures for criminal justice information apply to the retention of medical information.     


Sex Offender Registration Information

The Sex Offenders Registration Act, Act 295 of 1994, requires MSP to maintain a database containing a significant amount of potentially personally identifiable data. A subset of this information is made available to the public on the Public Sex Offender Registry Website at https://www.michigan.gov/psor.  

Individuals wishing to update or change their registry information may present themselves with valid identification at any MSP Post during normal business hours. Questions regarding the Sex Offender Registry can be directed to the Michigan Sex Offender Hotline at 866-761-7678.

Individuals may register for email alerts and notices from OffenderWatch, the vendor of the Michigan Sex Offender Registry, regarding changes to the public registry within a geographic location. Use of this service is governed by the OffenderWatch Email Registration Notice Policy and the OffenderWatch Privacy Policy. Questions regarding those policies can be directed to ow_support@watchsystems.com.  


Traffic Crash Information

MSP is required by the Motor Vehicle Code (MCL 257.621 and MCL 257.622) to collect detailed information from accident investigators statewide regarding people and vehicles involved in a crash on a public roadway which results in death, personal injury, or property damage. This information is required to be retained for a minimum of at least 3 years. Details about the collected information can be found in the UD-10 Manual.

Individuals may obtain copies of their accident reports via the Traffic Crash Purchasing System. To obtain a report from the system, Individuals must be able to provide their Driver’s License Number or Crash Number, as well as their date of birth and date of crash.  

Non-personal information is used for statistical and research purposes.   

Questions regarding use of this data can be directed to MSP Traffic Crash Reporting Unit at CrashPurchaseTCPS@michigan.gov or 517-241-1699.


Video Recordings

MSP may capture, use and retain audio and video from body-worn cameras in compliance with the Law Enforcement Body Worn Camera Privacy Act, Act 85 of 2017 and internal agency policies and procedures. 

In-Car Video Recording Systems may capture audio and video of activity inside and around agency vehicles. These recordings are used and retained in compliance with internal agency policies and procedures.   

MSP may retain audio and/or video recordings pursuant to criminal investigations and to assist other criminal justice agencies in their investigations. These recordings are used and retained in accordance with the department retention policy.  


Website Analytics and Mobile Applications

MSP website is maintained by the Department of Technology, Management, and Budget. It is subject to, and complies with, DTMB Web Privacy Policies

MSP mobile applications may request personal information in order to provide you with services. State of Michigan mobile applications are subject to the State of Michigan Mobile Application License Terms of Use


Data Analysis

MSP may collect, consolidate, or otherwise use data for analytical purposes; except where prohibited by law or rule. Potentially personally identifiable data will be redacted and/or anonymized when used for any non-Criminal Justice purpose.   

Data Protection/Practices

MSP complies with all policies, standards, and procedures for data protections and practices found in the State of Michigan Administrative Guide to State Government, including those in Policy Groups 0900-Preservation, 1300-Information Standards and Planning, 1500-Employment, 2400-Selected Michigan Statutes, 2500-Information Access, and 2600-Privacy.   

Additional data protections and practices for Criminal Justice, Criminal History, Biometric information, and Sex Offender Registration Information, are detailed in the Criminal Justice Information Systems (CJIS) Security Policy, the CJIS Policy Council Act (Act 163 of 1974), and 28 CFR 20.  

Additional data protections and practices for Intelligence Information are detailed in the MIOC Privacy Policy and 28 CFR 23.  

Additional data protections and practices for collected DNA are detailed in the DNA Identification Profiling System Act, Act 250 of 1990.   

Additional data protections and practices for body-worn cameras are detailed in the Law Enforcement Body Worn Camera Privacy Act, Act 85 of 2017.

Individual Rights to Access

Individuals may submit a Freedom of Information Act (FOIA) Request for any public record maintained by MSP. Information on filing a FOIA request can be found at https://www.michigan.gov/msp/0,4643,7-123-1878_63999---,00.html.

Public Criminal History Records can be accessed by the public through the Internet Criminal History Access Tool (ICHAT) at https://www.michigan.gov/ichat. ICHAT will not provide Criminal History information that is classified as nonpublic or otherwise prohibited from being disseminated by law. 

Individuals may obtain copies of their traffic crash reports via the Traffic Crash Purchasing System. To obtain a report from the system, individuals must be able to provide their Driver’s License Number or Crash Number, as well as their date of birth and date of crash.  

Additional Information

Questions regarding privacy activities, including this notice, and any corresponding policies and procedures may be directed in writing to: 

Privacy Protection Officer
Information Technology Division
Michigan State Police
7150 Harris Drive
Dimondale, MI 48821

Updates to this document will be published on the Michigan State Police Website. Individuals may request notification by electronic mail when this document is updated by submitting a written request to the above address.

 

 

 

Updated: 11/04/2020