Wisconsin Legislature: oag2-10

5. May electronic data messages be transmitted through the protection order interface regarding a domestic abuse protection order issued pursuant to Wis. Stat. § 813.12 in an action which the court has ordered sealed? May electronic data messages be transmitted through the protection order interface regarding a harassment protection order issued pursuant to Wis. Stat. § 813.125 in an action which the court has ordered sealed?

¶ 42.

Yes, for the same reasons explained above in answer to Question Nos. 1, 2, and 4.

¶ 43.

In addition, the domestic abuse protection order statute and the harassment protection order statute lack express provisions like Wis. Stat. §§ 813.122(3)(b)3. and 813.123(3)(c)2. that authorize a court to limit access to any record of the case. Both the domestic abuse protection order statute, in Wis. Stat. § 813.12(5m), and the harassment protection order statute, in Wis. Stat. § 813.125(5m) do provide that any petition or court order shall not disclose the address of the victim. Limiting the information contained in two specific documents does not amount to general sealing of the underlying action.

6. For criminal, John Doe, or protection order cases that are sealed or expunged after issuance of a warrant or protection order about which an electronic data message has been transmitted through the warrant interface, should the court system require that WIJIS seal or expunge the case on the WIJIS Workflow Engine?

¶ 44.

Based on the technical information provided by Ms. Bousquet, Ms. Olson, and Mr. Sartin, it is my understanding that WIJIS will not retain any copy of a transient electronic data message passing through the warrant interface via the WIJIS Workflow Engine once delivery of the electronic data message has been verified. Therefore, nothing will remain at WIJIS to be sealed or expunged if a case is sealed or expunged after an arrest warrant is issued.

¶ 45.

Furthermore, based on the same technical information, it is my understanding that correction of a previous electronic data message will be accomplished by sending another electronic data message to update the receiving agency’s database—not by replacing or erasing the first message. Lack of any retained information at WIJIS accordingly distinguishes transfer of transient electronic information through the WIJIS Workflow Engine from CCAP’s other data-sharing arrangements with justice partners who retain case information received from CCAP in the partners’ own databases to be updated or expunged as subsequent events might dictate.

7. Should CCAP enter into written agreements with WIJIS governing access by WIJIS personnel to case information contained in electronic data messages transmitted through the warrant and protection order interfaces. If so, what kind of provisions should these agreements include?

¶ 46.

Although not legally required, it would be a good business practice to execute written agreements with WIJIS clarifying and memorializing the limited purposes for which WIJIS personnel would be permitted to access case information in the electronic data messages transmitted through the warrant and protection order interfaces. Although the information that has been the primary subject of this opinion is confidential by law or court order, many other warrants and protection orders also implicate serious confidentiality concerns. Moreover, it is my understanding that the electronic data messages themselves would not indicate whether they involved a sealed warrant, sealed case, or other sealed matter. While a written agreement between CCAP and WIJIS regarding legally confidential or sealed information travelling through each interface would be beneficial, therefore, I also recommend that the access, use, and, disclosure provisions of those agreements apply to all case information moving through the interfaces regardless of whether it derives from a sealed or otherwise legally confidential matter.

¶ 47.

Provisions similar to the CCAP Data Access Policy dated April 23, 2008, tailored to the nature of the information to which WIJIS personnel will have access and the reasons why WIJIS personnel may need to open electronic data messages for troubleshooting purposes, would be appropriate. Any confidentiality agreement also should specify the WIJIS personnel, by job classification or similar identification, who will be permitted to open and examine electronic data messages moving through the interface; how supervisory oversight of those personnel will be accomplished; and the availability of sanctions or discipline for violation of applicable confidentiality policies.

¶ 48.

I hope you find this information helpful as these beneficial new criminal justice interfaces are finalized.

Sincerely,

J.B. VAN HOLLEN

Attorney General

JBVH:MEB:ajw:lkw

The Transaction Information for Management of Enforcement System, universally known as the TIME System, is a computer-based communications control center managed by the Crime Information Bureau at the Wisconsin Department of Justice. Its mission is to implement rapid and effective exchange of factual information between law enforcement agencies.

Ms. Bousquet indicates that the STEP Server actually consists of a cluster of servers performing messaging services for data transports. For clarity, this cluster of servers is referred to as the “STEP Server” in this opinion.

Wisconsin Stat. § 59.14 was renumbered as Wis. Stat. § 59.20(3) in 1995 Wisconsin Act 201, sec. 251. For clarity, the current statute number is used consistently in this opinion.

Papers “required to be kept” are those that the custodian “is obliged by law to maintain or engender[.]” State ex rel. Schultz v. Bruendl, 168 Wis. 2d 101, 111, 483 N.W.2d 238 (Ct. App. 1992).

In fact, Wis. Stat. § 48.981(7)(f) imposes strict criminal liability for unauthorized release of certain information related to information contained in reports and records made under Wis. Stat. § 48.981. State v. Polashek, 2002 WI 74, ¶ 35, 253 Wis. 2d 527, 646 N.W.2d 330.