D.16.2 - Criminal investigation and surveillance

Criminal investigation and surveillance includes the collection of evidence required to determine responsibility for a crime and the monitoring and questioning of affected parties.

The recommended provisional categorization of the criminal investigation and surveillance information type follows:

Security category

D.16.2 - Criminal investigation and surveillance = {(confidentiality, Moderate), (integrity, Moderate), (availability, Moderate)}

Confidentiality Moderate

The confidentiality impact level is the effect of unauthorized disclosure of criminal investigation and surveillance information on the ability of responsible agencies to collect evidence required to determine responsibility for a crime, to monitor and question affected parties, and to protect the safety of witnesses and law enforcement officers. The consequences of unauthorized disclosure of criminal investigation and surveillance information depend 1] on the seriousness of the crime involved, 2] timing (e.g., the ability of the criminal39 to access the information and use it to facilitate a crime, to evade detection or surveillance, or eliminate probable cause for searches and warrants), and 3] on the capability and predisposition of the criminal to injure witnesses or law enforcement officials. Special Factors Affecting Confidentiality Impact Determination: In cases where 1) the crimes are not violent and do not involve large property losses, and 2) there is no history of violence on the part of the criminal, the confidentiality impact may be low or moderate. Given the nature of many of the crimes that are the responsibility of Federal law enforcement agencies, the consequences associated with unauthorized disclosure of criminal investigation and surveillance information must often be assumed to pose a threat to human life or result in a loss of major assets. Information that reveals the identity and/or location of informants may be of particular concern. In such cases, the confidentiality impact level is high. Recommended Confidentiality Impact Level: The provisional confidentiality impact level recommended for criminal investigation and surveillance information is moderate.

Integrity Moderate

The integrity impact level is based on the specific mission and the data supporting that mission, not on the time required to detect the modification or destruction of information. The consequences of unauthorized modification or destruction of criminal investigation and surveillance information depends on the urgency with which the information is needed and on the success of subsequent prosecution of the apprehended criminal(s). Unauthorized modification or destruction of information affecting external communications (e.g., web pages, electronic mail) may adversely affect operations or public confidence in the agency, but the damage to the mission would usually be limited. Where unauthorized modification or destruction of criminal investigation and surveillance information can have an adverse effect on the granting or execution of a search or wiretap warrant or on the success of subsequent prosecution of the apprehended criminal a serious adverse effect on agency operations can result. This can place the agency at a significant disadvantage. Special Factors Affecting Integrity Impact Determination: In some cases, major investigations can be jeopardized when the time-critical criminal investigation and surveillance information is modified or destroyed. Where the criminal case under investigation involves major property losses, large-scale financial frauds that have serious implications for financial markets, poses a threat to key national assets or human life, the Recommended Integrity Impact Level is high. In international matters, such as trade enforcement, tariff agreements, etc., or where foreign nationals might be involved, the integrity impact level for criminal investigation and surveillance information will be high. Any compromise of such information could result in catastrophic adverse effects on future operations, individual and agency reputations, and on human life. Recommended Integrity Impact Level: The provisional integrity impact level recommended for criminal investigation and surveillance information is moderate.

Availability Moderate

The availability impact level is based on the specific mission and the data supporting that mission, not on the time required to re-establish access to criminal investigation and surveillance information. Missions supported by criminal investigation and surveillance information are not always tolerant of delay. Special Factors Affecting Availability Impact Determination: There are some cases in which relatively short periods of unavailability of criminal investigation and surveillance information may result in lost surveillance opportunities or opportunities to make an arrest. Where the crimes involved pose a threat to human life and/or result in a loss of major assets, the availability impact level recommended for criminal investigation and surveillance information is high. Recommended Availability Impact Level: The provisional availability impact level recommended for criminal investigation and surveillance information is moderate.