[Federal Register: August 7, 2007 (Volume 72, Number 151)]
[Notices]
[Page 44182-44185]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07au07-92]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 022-2007]
Privacy Act of 1974; System of Records
AGENCY: Criminal Division, Department of Justice.
ACTION: Revised system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, 5
U.S.C. 552a, notice is given that the Department of Justice (DOJ)
proposes to revise the ``Central Criminal Division Index File and
Associated Records System, JUSTICE/CRM-001,'' last published in full in
the Federal Register on February 20, 1998 (63 FR 8659) and amended in
part on March 29, 2001 (66 FR 17200).
DATES: In accordance with the requirements of 5 U.S.C. 552a(e)(4) and
(11), the public is given a 30 day period in which to comment. The
Office of Management and Budget (OMB), which has oversight
responsibility under the Privacy Act, has 40 days in which to conclude
its review of the system. Therefore, please submit any comments by
September 17, 2007.
ADDRESSES: The public, OMB and the Congress are invited to submit any
comments to Mary E. Cahill, Management and Planning Staff, Justice
Management Division, Department of Justice, Washington, DC 20530 (Room
1400 National Place Building), facsimile number 202-307-1853.
FOR FURTHER INFORMATION CONTACT: Thomas McIntyre on 202-514-4412.
SUPPLEMENTARY INFORMATION: The system notice has been revised to update
various sections, as necessary, and to reflect routine uses modified
for consistency with other Department of Justice notices, or added
based on new requirements for routine uses. In addition, it should be
noted that a final rule establishing the National Security Division in
the Department of Justice, published in the Federal Register on March
7, 2007, at 72 FR 10064, makes changes to certain portions of 28 CFR
0.55 through 0.64-5, outlining functions assigned to the Criminal
Division, since some of the functions previously assigned to the
Criminal Division moved to the new National Security Division effective
March 7, 2007.
In accordance with 5 U.S.C. 552a (r), the Department has provided a
report to OMB and the Congress.
Dated: July 24, 2007.
Lee J. Lofthus,
Assistant Attorney General for Administration.
DEPARTMENT OF JUSTICE/CRM-001
SYSTEM NAME:
Criminal Division Index File Systems and Associated Records.
SECURITY CLASSIFICATION:
The system itself is, in whole sensitive and in part, classified to
protect national security/foreign policy material. Within the
unclassified part, items or records may have Limited Official Use or
national security/foreign policy classifications.
SYSTEM LOCATION:
U.S. Department of Justice, Criminal Division, Washington DC 20530-
0001 or a National Archives and Records Administration (NARA) Regional
Records Center.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Persons referred to in potential or actual cases and matters of
concern to the Criminal Division and correspondence on subjects
directed or referred to the Criminal Division.
[[Page 44183]]
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of alphabetical indices bearing individual
names and the associated records to which they relate, arranged either
by subject matter or individual identifying number containing the
general and particular records of all Criminal Division correspondence,
cases, matters and memoranda, including but not limited to,
investigative reports, correspondence to and from the Division, legal
papers, evidence, and exhibits.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
This system is established and maintained pursuant to 44 U.S.C.
3101 to implement all functions assigned to the Criminal Division in 28
CFR 0.55 through 0.64-5. Additional authority is derived from Treaties,
Statutes, Executive Orders, Presidential Proclamations, and Attorney
General Directives.
PURPOSE(S):
Records in this system are used to provide investigative and
litigation information to management in the Division and the
Department, courts, and other law enforcement agencies,
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
A record maintained in this system of records may be disseminated
as a routine use of such record as follows:
(1) To a Member of Congress or staff acting upon the Member's
behalf when the Member or staff requests the information on behalf of,
and at the request of, the individual who is the subject of the record.
(2) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records.
(3) Where a record, either alone or in conjunction with other
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be
referred to the appropriate federal, state, local, territorial, tribal,
or foreign law enforcement authority or other appropriate entity
charged with the responsibility for investigating or prosecuting such
violation or charged with enforcing or implementing such law.
(4) To appropriate officials and employees of a federal agency or
entity that requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a grant or benefit.
(5) A record may be disclosed to designated officers and employees
of state, local, territorial, or tribal law enforcement or detention
agencies in connection with the hiring or continued employment of an
employee or contractor, where the employee or contractor would occupy
or occupies a position of public trust as a law enforcement officer or
detention officer having direct contact with the public or with
prisoners or detainees, to the extent that the information is relevant
and necessary to the recipient agency's decision.
(6) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body when the Department of Justice
determines that the records are arguably relevant to the proceeding; or
in an appropriate proceeding before an administrative or adjudicative
body when the adjudicator determines the records to be relevant to the
proceeding.
(7) To an actual or potential party to litigation or administrative
proceeding, or the party's authorized representative for the purpose of
negotiation or discussion of such matters as settlement, plea
bargaining, or in informal discovery proceedings.
(8) To the news media and the public, including disclosures
pursuant to 28 CFR 50.2, unless it is determined that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
(9) To federal, state, local, territorial, tribal, foreign (acting
either directly or through an authorized representative of its
government), or international licensing agencies or associations which
require information concerning the suitability or eligibility of an
individual for a license or permit.
(10) To the National Archives and Records Administration for
purposes of records management inspections conducted under the
authority of 44 U.S.C. 2904 and 2906.
(11) To a former employee of the Department for purposes of:
Responding to an official inquiry by a federal, state, or local
government entity or professional licensing authority, in accordance
with applicable Department regulations; or facilitating communications
with a former employee that may be necessary for personnel-related or
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter
within that person's former area of responsibility.
(12) To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
(13) To complainants and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of the investigation or case arising from the
matters of which they complained and/or of which they were a victim.
(14) To any criminal, civil, or regulatory law enforcement
authority (whether federal, state, local, territorial, tribal, or
foreign (acting either directly or through an authorized representative
of its government)), where the information is relevant to the recipient
entity's law enforcement responsibilities.
(15) To a governmental entity lawfully engaged in collecting law
enforcement, law enforcement intelligence, or national security
intelligence information for such purposes.
(16) To any person, organization, or governmental entity in order
to notify them of a serious terrorist threat for the purpose of
guarding against or responding to such a threat.
(17) To any person or entity, or their representative, if deemed by
the Criminal Division to be necessary in order to elicit information or
cooperation from the person or entity or their client for use by the
Division in the performance of an authorized activity.
(18) A record that contains classified national security
information and material may be disseminated to persons who are engaged
in historical research projects, or who have previously occupied policy
making positions to which they were appointed by the President, in
accordance with the provisions codified in 28 CFR 17.46.
(19) A record relating to an actual or potential civil or criminal
violation of title 17, United States Code, may be disseminated to a
person injured by such violation to assist him in the institution or
maintenance of a suit brought under such title.
(20) A record relating to a person held in custody pending or
during arraignment, trial, sentence, or extradition proceedings, or
after conviction or after extradition proceedings, may be disseminated
to a federal, state, local, territorial, or foreign prison, probation,
parole, or pardon authority, or to any other agency or
[[Page 44184]]
individual concerned with the maintenance, transportation, or release
of such a person.
(21) A record relating to a case or matter that has been referred
by an agency for investigation, prosecution or enforcement, or that
involves a case or matter within the jurisdiction of an agency, may be
disseminated to such agency to notify the agency of the status of the
case or matter or of any decision or determination that has been made,
or to make such inquiries and reports as are necessary during the
processing of the case or matter.
(22) In any health care-related civil or criminal case,
investigation, or matter, information indicating patient harm, neglect,
or abuse, or poor or inadequate quality of care, at a health care
facility or by a health care provider may be disclosed as a routine use
to any federal, state, local, tribal, foreign, joint, international or
private entity that is responsible for regulating, licensing,
registering or accrediting any health care provider or health care
facility, or enforcing any health care-related laws or regulations.
Further, information indicating an ongoing quality of care problem by a
health care provider or at a health care facility may be disclosed to
the appropriate health plan. Additionally, unless otherwise prohibited
by applicable law, information indicating patient harm, neglect, abuse,
or poor or inadequate quality of care may be disclosed to the affected
patient or his representative or guardian at the discretion of and in
the manner determined by the agency in possession of the information.
(23) To appropriate agencies, entities, and persons when (1) the
Department suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised; (2) the Department has determined that as a result of the
suspected or confirmed compromise there is a risk of harm to economic
or property interests, identity theft or fraud, or harm to the security
or integrity of this system or other systems or programs (whether
maintained by the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records are maintained in hard-copy, paper format and stored in
electronic format via a Storage Area Network system architecture
consisting of personal computers, client/servers, and tape libraries.
Data is stored on hard disk, floppy diskettes, compact disks, magnetic
tape and/or optical disk media. Records are stored in accordance with
applicable executive orders, statutes, and agency implementing
regulations.
The computer storage devices are located at several Justice
Department buildings in Washington, DC. Paper files are stored in:
Division offices with controlled access; a secure records unit with
controlled access; locked file cabinets; other appropriate GSA approved
security containers; or once closed, at a National Archives and Records
Administration regional records center. Records that contain classified
national security information are stored in accordance with applicable
executive orders, statutes, and agency implementing regulations.
RETRIEVABILITY:
Records may be retrieved by reference to an individual's name or
personal identifier.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws, rules, and policies, including the Department's
automated systems security and access policies. Records and technical
equipment are maintained in a secured area with restricted access. The
required use of password protection identification features and other
system protection methods also restrict access. All physical access to
the building(s) where this system of records is maintained is
controlled and monitored by security personnel and accessed only by
authorized Department personnel or by non-Department personnel properly
authorized to assist in the conduct of an agency function related to
these records.
RETENTION AND DISPOSAL:
Records in this system are retained and disposed of in accordance
with records retention schedules approved by the National Archives and
Records Administration (NARA) for the constituent system of records.
SYSTEM MANAGER(S) AND ADDRESS:
Assistant Attorney General, Criminal Division, U.S. Department of
Justice, 950 Pennsylvania Avenue, NW., Washington DC 20530-0001.
NOTIFICATION PROCEDURE:
The major part of this system is exempted from this requirement
under 5 U.S.C. 552a(j)(2), (k)(1) or (k)(2). Inquiries should be
addressed to: Chief, Freedom of Information Act/Privacy Act Unit,
Criminal Division, Department of Justice, 950 Pennsylvania Avenue, NW.,
Washington, DC 20530-0001.
RECORD ACCESS PROCEDURES:
Requests for access to a record in this system must be in writing
and should be addressed to the Chief of the Freedom of Information Act/
Privacy Act Unit noted above. The envelope and letter should be clearly
marked ``Privacy Act Request''. Requests must comply with the
Department's regulations and be made in accordance with 28 CFR Part 16.
They must include a general description of the records sought, the
requester's full name, current address, and date and place of birth,
the name of the case or matter involved, if known, and the name of the
judicial district involved, if known, or any other identifying number
or information which may be of assistance in locating the record.
Social Security numbers are not used by the Criminal Division for
identification purposes and should not be provided. The request must be
signed and dated and either notarized or submitted under penalty of
perjury. Some information may be exempt from access provisions as
described in the section entitled ``Exemptions Claimed for the
System.'' An individual who is the subject of a record in this system
may access those records that are not exempt from disclosure. A
determination whether a record may be accessed will be made at the time
a request is received.
CONTESTING RECORD PROCEDURES:
Individuals desiring to contest or amend information maintained in
the system should direct their request according to the Record Access
Procedures listed above, stating clearly and concisely what information
is being contested, the reasons for contesting it, and the proposed
amendment to the information sought. Some information is not subject to
amendment. Some information may be exempt from contesting record
procedures as described in the section entitled ``Exemptions Claimed
for the System.'' An individual who is the subject of a record in this
system may seek amendment of those records that are not exempt. A
determination whether a
[[Page 44185]]
record may be amended will be made at the time a request is received.
RECORD SOURCE CATEGORIES:
Department officers and employees and other federal, state, local
and foreign law enforcement and non-law enforcement agencies,
corporations and businesses, private persons, witnesses, informants,
and publicly available information, including commercial information
resellers.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted this system from subsections
(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4) (G), (H) and (I),
(e)(5), (e)(8), (f) and (g) of the Privacy Act pursuant to the
provisions of 5 U.S.C. 552a(j)(2); in addition, the system is exempt
pursuant to the provisions of 5 U.S.C. 552a(k)(1) and (k)(2) from
subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), and (I), and (f).
Rules have been promulgated in accordance with the requirements of 5
U.S.C. 553(b), (c) and (e) and have been published in the Federal
Register. See 28 CFR 16.91.
[FR Doc. E7-15239 Filed 8-6-07; 8:45 am]
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