SOP 104.12-att-1: Applicant Privacy Rights

SOP 104.12
Attachment 1

12/11/2024
Page 1 of 2
Applicant Privacy Rights

As an applicant who is the subject of a Georgia only or a Georgia and Federal Bureau of Investigation (FBI)
national fingerprint/biometric-based criminal history check for a non-criminal justice purpose (such as an
application for criminal justice or non-criminal justice employment or a license, an immigration or
naturalization matter, security clearance, or adoption), you have certain rights which are discussed below.
All notices must be provided to you in writing. These obligations are pursuant to the Privacy Act of 1974,
Title 5, United States Code (U.S.C.) Section 552a, and Title 28 Code of Federal Regulation (CFR), 50.12,
among other authorities.

- You must be provided written notification that your fingerprints/biometrics will be used to check the
criminal history records maintained by the Georgia Crime Information Center (GCIC) and the FBI,
when a federal record check is so authorized.

- You must be provided an adequate written FBI Privacy Act Statement (dated 2013 or later) when you
submit your fingerprints and associated personal information. This Privacy Act Statement must explain
the authority for collecting your fingerprints and associated information and whether your fingerprints
and associated information will be searched, shared, or explained.

- You must be advised in writing of the procedures for obtaining a change, correction, or update of your
criminal history record as set forth at 28 CFR 16.34.

- You must be provided the opportunity to complete or challenge the accuracy of the information in your
criminal history record (if you have such a record).

- If you have a criminal history record, you should be afforded a reasonable amount of time to correct or
complete the record (or decline to do so) before the officials deny you the employment, license, or other
benefit based on the information in the criminal history record.

- If agency policy permits, the officials may provide you with a copy of your criminal history record for
review and possible challenge. If agency policy does not permit it to provide you a copy of the record,
you may find information regarding how to obtain a copy of your Georgia criminal history record at
the GBI website: https://gbi.georgia.gov/services/obtaining-criminal-history-record-informationfrequently-asked-questions. Information regarding how to obtain a copy of your FBI criminal history
record is located at the FBI website: https://www.edo.cjis.gov

- If you decide to challenge the accuracy or completeness of your criminal history record, you should
contact and send your challenge to the agency that contributed the questioned information. If the
disputed arrest occurred in the State of Georgia, you may send your challenge directly to the GCIC.
Contact information for the GCIC can be found at https://gbi.georgia.gov/services/obtaining-criminalhistory-record-information-frequently-asked-questions. Alternatively, you may send your challenge
directly to the FBI by submitting a request via https://www.edo.cjis.gov. The FBI will then forward
your challenge to the agency that contributed the questioned information and request the agency to
verify or correct the challenge entry. Upon receipt of an official communication from that agency, the
FBI will make any necessary changes/corrections to your record in accordance with the information
supplied by that agency. (See 28 CFR 16.30 through 16.34.)

- You have the right to expect that officials receiving the results of the criminal history record check will
use it only for the authorized purposes and will not retain or disseminate it in violation of federal statute,
regulation or executive order, or rule, procedure or standard established by the National Crime
Prevention and Privacy Compact Council.

SOP 104.12
Attachment 1

12/11/2024
Page 2 of 2
Privacy Act Statement

Authority: The FBI’s acquisition, preservation, and exchange of fingerprints and associated information is
generally authorized under 28 U.S.C. 534. Depending on the nature of your application, supplemental
authorities include Federal statutes, State statutes pursuant to Pub. L. 92-544, Presidential Executive Orders,
and federal regulations. Providing your fingerprints and associated information is voluntary; however,
failure to do so may affect completion or approval of your application.

Principle Purpose: Certain determinations, such as employment, licensing, and security clearances, may be
predicated on fingerprint-based background checks. Your fingerprints and associated
information/biometrics may be provided to the employing, investigating, or otherwise responsible agency,
and/or the FBI for the purpose of comparing your fingerprints to other fingerprints in the FBI’s Next
Generation Identification (NGI) system or its successor systems (including civil, criminal, and latent
fingerprint repositories) or other available records of the employing, investigating, or otherwise responsible
agency. The FBI may retain your fingerprints and associated information/biometrics in NGI after the
completion of this application and, while retained, your fingerprints may continue to be compared against
other fingerprints submitted to or retained by NGI.

Routine Uses: During the processing of this application and for as long thereafter as your fingerprints and
associated information/biometrics are retained in NGI, your information may be disclosed pursuant to your
consent, and may be disclosed without your consent as permitted by the Privacy Act of 1974 and all
applicable Routine Uses as may be published at any time in the Federal Register, including the Routine
Uses for the NGI system and the FBI’s Blanket Routine Uses. Routine uses include, but are not limited to,
disclosures to: employing, governmental or authorized non-governmental agencies responsible for
employment, contracting, licensing, security clearances, and other suitability determinations; local, state,
tribal, or federal law enforcement agencies; criminal justice agencies; and agencies responsible for national
security or public safety.