[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24982-24983]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9777]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 007-2012]
Privacy Act of 1974; System of Records
AGENCY: Federal Bureau of Prisons, Department of Justice.
ACTION: Modified System of Records.
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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is
given that the Federal Bureau of Prisons (Bureau) proposes to modify in
part its system of records entitled ``Inmate Central Records System,
JUSTICE/BOP-005.'' The system notice, which was last published in the
Federal Register on May 9, 2002 (67 FR 31371), and modified on January
25, 2007 (72 FR 3410), is now being modified by the Bureau for the
reasons set forth below, as well as to reflect the overall
modernization and technological changes of the Bureau's electronic
information systems, such as SENTRY and BOPWARE, that maintain its
inmate central records.
The Bureau is making the following modifications:
The Bureau clarifies in the ``System Location'' section that the
records contained in this system may be located at any authorized
Department of Justice location, in addition to the Central Office,
Regional Offices, any of the Federal Bureau of Prisons and/or
contractor-operated correctional facilities. This clarification is made
to describe accurately where records from this system are located, and
to reflect that the Bureau may store records at other locations, such
as other Bureau administrative offices, or at any authorized Department
of Justice locations.
The Bureau alters the ``Categories of Individuals Covered by the
System'' to include individuals who may be committed to the custody of
the Attorney General and/or the Director of the Bureau of Prisons,
including those individuals under custody for criminal and civil
commitments.
The Bureau is modifying and/or adding to the ``Routine Use''
section of the notice as follows:
The Bureau makes a minor amendment to more accurately cite a
statutory reference in routine use (i), which allows for disclosure to
the United States Department of Veterans Affairs (VA), pursuant to 38
U.S.C. 5106, Public Law 94-432, for the purpose of matching the data
against VA records to determine the eligibility of Bureau inmates to
receive veterans' benefits. The incorrect citation to Public Law 96-385
is removed.
The Bureau adds a routine use to clarify Bureau practice in keeping
the public informed: Routine use (r) explains that information that is
available as a general public record may be disclosed from this system
of records, including information such as name, offense, sentence data,
current and past institution confinements, and release date to the
extent that it does not cause an unwarranted invasion of personal
privacy. This routine use is needed in order to allow the release of
information that is available as a general public record to members of
the public via the Bureau's public Web site or via telephone.
The Bureau adds a routine use: Routine use (s), which permits
disclosures required by statute or treaty.
The Bureau adds a routine use: Routine use (t), which permits
disclosures to federal, state or community health care agencies and
professionals, including physicians, psychiatrists, psychologists, and
state and federal medical facility personnel, who are providing
treatment for a pre-existing condition to former federal inmates, and
to federal, state, or local health care agencies and professionals for
the purpose of securing medical or mental health after-care for current
federal inmates. This routine use is needed to permit sharing of
information to these entities in order to ensure continuity of inmate
medical care.
The Bureau adds a routine use: Routine use (u) will permit
disclosures to the Department of State (DOS), for the purposes of
matching the data against DOS records for detection/prevention of
criminal activity under 18 U.S.C. 1544. This routine use was requested
by the Department of State in furtherance of their mission and to
ensure that inmate identities are not fraudulently misappropriated for
criminal/unauthorized passport use.
The Bureau makes a slight change in the ``Safeguards'' section to
clarify that only those authorized Department of Justice personnel who
require access to perform their official duties may access the system
equipment and the information in the system. Previously, this section
referred to only Bureau staff. The Bureau makes this change to
accurately reflect that this system is accessed by other authorized
Department of Justice personnel.
The Bureau is adding a security classification of ``Unclassified.''
The Bureau clarifies the section ``Policies and Practices for
Storing, Retrieving, Accessing, Retaining, and Disposing of Records in
the System: Storage'' to account for changes in terminology and updated
technology. Specifically, BOP changes ``stored in electronic media'' to
``stored electronically,'' ``client/server'' to ``servers,'' and
``magnetic tapes and/or optical disks'' to ``tape backup systems.'' BOP
further clarifies that documentary (physical, ``hard copies,'' paper,
etc.) records are maintained in the same method as information
maintained in the system or in manual file folders, but that some older
records are maintained on microfilm, microfiche, and/or index card
files.
The Bureau is proposing to exempt this system of records from
certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and
(k). Although this system of records was previously exempt from certain
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), the
Bureau is seeking additional exemptions pursuant to 5 U.S.C. 552a(j)(2)
and adding exemptions pursuant to 5 U.S.C. 552a(k).
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment. Therefore, please submit any
comments by May 29, 2012.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress are invited to submit
[[Page 24983]]
comments to the Department of Justice, ATTN: Privacy Analyst, Office of
Privacy and Civil Liberties, National Place Building, 1331 Pennsylvania
Avenue NW., Suite 1000, Washington, DC 20530-0001, or by facsimile at
202-307-0693.
FOR FURTHER INFORMATION CONTACT: C. Darnell Stroble, Attorney Advisor,
Federal Bureau of Prisons, 202-514-9180.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and Congress on the modified system of records.
Dated: April 5, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
JUSTICE/BOP-005
SYSTEM NAME:
Inmate Central Records System.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records may be retained at any Department of Justice authorized
location, including the Central Office, Regional Offices, any of the
Federal Bureau of Prisons (Bureau) and/or any contractor-operated
correctional facilities. A list of Bureau locations may be found at 28
CFR part 503 and on the Internet at http://www.bop.gov.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals currently or formerly under the custody of the Attorney
General and/or the Director of the Bureau of Prisons, including those
individuals under custody for criminal and civil commitments.
* * * * *
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Relevant data from this system may be disclosed as follows:
* * * * *
(i) To the United States Department of Veterans Affairs (VA),
pursuant to 38 U.S.C. 5106, Public Law 94-432, for the purpose of
matching the data against VA records to determine the eligibility of
Bureau inmates to receive veterans' benefits; the VA is to erase the
Bureau data after the match has been made;
* * * * *
(r) To the news media and the public, including disclosures of
matters solely of general public record, including name, offense,
sentence data, current and past institution confinements, and release
date, unless it is determined that release of the specific information
would constitute an unwarranted invasion of personal privacy;
(s) To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty;
(t) To federal, state or community health care agencies and
professionals, including physicians, psychiatrists, psychologists, and
state and federal medical facility personnel, who are providing
treatment for a pre-existing condition to former federal inmates, and
to federal, state, or local health care agencies and professionals for
the purpose of securing medical or mental health after-care for current
federal inmates.
(u) To the Department of State (DOS), for the purpose of matching
the data against DOS records for detection/prevention of criminal
activity under 18 U.S.C. 1544.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Information maintained in the system is stored electronically in
Bureau facilities via a configuration of personal computers, servers,
and mainframe systems architecture. Computerized records are maintained
on hard disks, Compact Discs (CDs), storage area networks, or tape
backup systems. Documentary (physical, ``hard copies,'' paper, etc.)
records are maintained in manual file folders or electronically as
described above. Some older records are maintained on microfilm,
microfiche, and/or index card files.
* * * * *
SAFEGUARDS:
Information is safeguarded in accordance with Bureau rules and
policy governing automated information systems security and access.
These safeguards include the maintenance of records and technical
equipment in restricted areas, and the required use of proper passwords
and user identification codes to access the system. Only those
authorized DOJ personnel who require access to perform their official
duties may access the system equipment and the information in the
system.
* * * * *
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted this system from subsections
(c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (H), and (I), (5), (8);
(f); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j). The
Attorney General has also exempted this system from subsections (c)(3);
(d); (e)(1), (e)(4)(G), (H), and (I); and (f) of the Privacy Act
pursuant to 5 U.S.C. 552a(k)(2). Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 553(b), (c) and (e) and
published in today's Federal Register.
[FR Doc. 2012-9777 Filed 4-25-12; 8:45 am]
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