Protections and Restrictions on Use of Archived Data
NIJ makes data available from its funded research under the Data Resources Program, but there are restrictions on use of the data.
As part of the registration process to access the data, you must accept a restricted use agreement and agree to follow all federal laws and regulations regarding confidentiality and human subjects protection [1] as well as scientific standards for accessing and using the data.
The National Archive of Criminal Justice Date (NACJD), which maintains the data sets, designates three levels of protected data:
- Restricted use. These data are accessible through the Internet once you receive a password. You pledge not to:
- Use any identifying information discovered inadvertently and to disclose the discovery to the director of NACJD.
- Link an NACJD data set with any other NACJD or external data set for the purpose of disclosing individual subjects' identities.
- Distribute or sell NACJD data without the written agreement of NACJD.
- Restricted access. These data are not accessible through the Internet. You must submit a written Restricted Data Use Agreement stating why you need those data rather than the Internet-accessible data set and certifying that the data will be protected and describing the steps that will be taken to physically secure the data and protect it from virtual theft. On approval, NACJD will send you a CD-ROM containing the data via registered mail and grant a one-year limited access license.
- Enclave restricted access. Some especially sensitive data collections can be accessed only at the University of Michigan, the site of the NACJD data enclave. After approval, you are allowed access to these NACJD data on a computer that is not connected to a network. NACJD staff review all your written notes, data analysis printouts and electronic files for compliance with confidentiality standards before the researcher can take these items from the NACJD enclave.
- Delayed dissemination. When significant potential for disclosure exists or when data are still in operational use by an organization, NACJD may
elect to preserve a data collection without dissemination until human subject risks are minimized (e.g., when all human subjects
are deceased). NACJD will work with the data collector and sponsors to plan a dissemination timetable. While dissemination
is delayed, NACJD will still produce a copy to:
- Develop expertise with the data collection.
- Prepare the collection while project staff are available to provide assistance.
- Safeguard the original data collection.
Once the data are released, NACJD will use one of the three access levels above to disseminate the processed data.
For more information review Protecting Confidential Data at the National Archive of Criminal Justice Data (pdf, 2 pages) Exit Notice.
Notes
[1] These laws and regulations include 42 U.S.C. § 3789g(a) and the Department of Justice regulations in 28 CFR Parts 22 and 46. See Other Requirements for OJP Applications.


