[Federal Register Volume 77, Number 87 (Friday, May 4, 2012)]
[Notices]
[Pages 26580-26583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-10740]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 010-2012]
Privacy Act of 1974; System of Records
AGENCY: United States 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), the
United States Department of Justice (``Department'' or ``DOJ'')
proposes to modify the system of records entitled ``Freedom of
Information Act, Privacy Act, and Mandatory Declassification Review
Records (DOJ-004),'' last published at 77 FR 16066 (Mar. 19, 2012). DOJ
is modifying this notice by removing all references to ``Ombudsman,'' a
term used internally within the Office of Information Policy (OIP) for
decades, and instead more clearly describing OIP's role as responding
to inquiries regarding federal agency compliance with the Freedom of
Information Act (FOIA); by revising routine use (f) in order to clarify
that records may be provided to the National Archives and Records
Administration, Office of Government Information Services (OGIS), for
all purposes set forth in 5 U.S.C. 552(h)(2)(A-B) and (3); and by
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revising one item in the Record Source Categories section to clearly
indicate that agencies as well as individuals may be the source of
compliance inquiries. The entire notice is being republished for ease
of reference.
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 June 4, 2012.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress are invited to submit any comments to the Department of
Justice, Attn: Privacy Analyst, Office of Privacy and Civil Liberties,
Department of Justice, National Place Building, 1331 Pennsylvania
Avenue NW., Suite 1000, Washington, DC 20530-0001, or by facsimile to
(202) 307-0693.
FOR FURTHER INFORMATION CONTACT: Carmen L. Mallon, Chief of Staff,
Office of Information Policy, Department of Justice, Suite 11050, 1425
New York Avenue NW., Washington, DC 20530.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and the Congress on the modifications to this system of
records.
Dated: April 30, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
JUSTICE/DOJ-004
SYSTEM NAME:
Freedom of Information Act, Privacy Act, and Mandatory
Declassification Review Records.
SECURITY CLASSIFICATION:
Unclassified and classified information.
SYSTEM LOCATION:
United States Department of Justice, 950 Pennsylvania Ave. NW.,
Washington, DC 20530-0001, and other Department of Justice offices
throughout the country.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system encompasses all individuals who submit Freedom of
Information Act (FOIA), Privacy Act, and Mandatory Declassification
Review Requests and administrative appeals to the Department of
Justice; individuals whose requests and/or records have been referred
to the Department of Justice by other agencies; individuals who submit
inquiries to the Department of Justice Office of Information Policy
(OIP) regarding federal agency compliance with the FOIA; and, in some
instances, attorneys representing individuals submitting such requests
and appeals, individuals who are the subjects of such requests and
appeals, and/or the Department of Justice personnel assigned to handle
such requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of records created or compiled in response to
FOIA, Privacy Act, and Mandatory Declassification Review requests and
administrative appeals, including: The original requests and
administrative appeals; responses to such requests and administrative
appeals; all related memoranda, correspondence, notes, and other
related or supporting documentation; and, in some instances, copies of
requested records and records under administrative appeal. This system
also consists of records related to inquiries submitted to OIP
regarding federal agency compliance with the FOIA, and all records
related to the resolution of such inquiries.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The system was established and is maintained pursuant to 5 U.S.C.
301 and 44 U.S.C. 3101 to implement the provisions of 5 U.S.C. 552 and
5 U.S.C. 552a, and the applicable executive order(s) governing
classified national security information.
PURPOSE(S):
This system is maintained for the purpose of processing access
requests and administrative appeals under the FOIA, access and
amendment requests and administrative appeals under the Privacy Act,
and requests and administrative appeals for mandatory declassification
review under the applicable executive order(s) governing classified
national security information; for the purpose of participating in
litigation regarding agency action on such requests and appeals; for
the purpose of responding to inquiries submitted to OIP regarding
federal agency compliance with the FOIA; and for the purpose of
assisting the Department of Justice in carrying out any other
responsibilities under the FOIA, the Privacy Act, and applicable
executive orders.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(a) To a federal, state, local, or foreign agency or entity for the
purpose of consulting with that agency or entity to enable the
Department of Justice to make a determination as to the propriety of
access to or correction of information, or for the purpose of verifying
the identity of an individual or the accuracy of information submitted
by an individual who has requested access to or amendment of
information.
(b) To a federal agency or entity that furnished the record or
information for the purpose of permitting that agency or entity to make
a decision as to access to or correction of the record or information,
or to a federal agency or entity for purposes of providing guidance or
advice regarding the handling of particular requests.
(c) To a submitter or subject of a record or information in order
to obtain assistance to the Department in making a determination as to
access or amendment.
(d) To the National Archives and Records Administration,
Information Security Oversight Office, Interagency Security
Classification Appeals Panel, for the purpose of adjudicating an appeal
from a Department of Justice denial of a request for mandatory
declassification review of records, made under the applicable executive
order(s) governing classification.
(e) To appropriate agencies, for the purpose of resolving an
inquiry regarding federal agency compliance with the Freedom of
Information Act.
(f) To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
Freedom of Information Act, and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
(g) 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.
(h) 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.
(i) 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.
(j) Where a record, either alone or in conjunction with other
information,
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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.
(k) To appropriate officials and employees of a federal agency or
entity when the information is relevant to a decision concerning the
hiring, appointment, or retention of an employee; the assignment,
detail, or deployment 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.
(l) 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.
(m) 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.
(n) 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.
(o) To federal, state, local, territorial, tribal, foreign, or
international licensing agencies or associations which require
information concerning the suitability or eligibility of an individual
for a license or permit.
(p) 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.
(q) To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored on paper and/or in electronic
form. Records that contain national security information and are
classified are stored in accordance with applicable executive orders,
statutes, and agency implementing regulations.
RETRIEVABILITY:
Records are retrieved by the name of the requester or appellant;
the number assigned to the request or appeal; and in some instances the
name of the attorney representing the requester or appellant, the name
of an individual who is the subject of such a request or appeal, and/or
the name or other identifier of Department of Justice personnel
assigned to handle such requests or appeals.
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. Classified information
is appropriately stored in safes and in accordance with other
applicable requirements. In general, records and technical equipment
are maintained in buildings with restricted access. The required use of
password protection identification features and other system protection
methods also restrict access. Access is limited to those officers and
employees of the agency who have an official need for access in order
to perform their duties.
RETENTION AND DISPOSAL:
Records are retained and disposed of in accordance with the
National Archives and Records Administration's General Records Schedule
14.
SYSTEM MANAGER(S) AND ADDRESS:
Chief of Staff, Office of Information Policy, United States
Department of Justice, 950 Pennsylvania Avenue NW., Washington, DC
20530-0001.
NOTIFICATION PROCEDURE:
Same as Record Access Procedures.
RECORD ACCESS PROCEDURES:
Records concerning initial requests under the FOIA, the Privacy
Act, and the applicable executive order(s) governing classified
national security information are maintained by the individual
Department of Justice component to which the initial request was
addressed or directed. Inquiries regarding these records should be
addressed to the particular Department of Justice component maintaining
the records.
Records concerning administrative appeals for access requests under
the FOIA; records concerning administrative appeals for access requests
and accountings of disclosure requests under the Privacy Act; records
concerning administrative appeals for access requests under the
applicable executive order(s) governing classified national security
information, with the exception of those made to the United States
Parole Commission; and records concerning inquiries submitted to OIP
regarding federal agency compliance with the FOIA, are maintained by
OIP. Inquiries regarding these records should be addressed to the
Office of Information Policy, United States Department of Justice, 950
Pennsylvania Avenue NW., Washington, DC 20530-0001. Inquiries regarding
administrative appeals made to the United States Parole Commission
should be addressed to the United States Parole Commission, United
States Department of Justice, 950 Pennsylvania Avenue NW., Washington,
DC 20530-0001.
Records concerning administrative appeals for amendment requests
under the Privacy Act should be addressed to the Office of Privacy and
Civil Liberties, United States Department of Justice, 1331 Pennsylvania
Ave. NW., Suite 1000, National Place Building, Washington, DC 20350-
0001.
All requests for access must be in writing and should be addressed
to the System Manager named above. The envelope and letter should be
clearly marked ``Privacy Act Access Request.'' The request should
include a general description of the records sought and must include
the requester's full name, current address, and date and place of
birth. The request must be signed and either notarized or submitted
under penalty of perjury. Some information
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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.
Although no specific form is required, you may obtain forms for
this purpose from the FOIA/Privacy Act Mail Referral Unit, Justice
Management Division, United States Department of Justice, 950
Pennsylvania Avenue NW., Washington, DC 20530-0001, or on the
Department of Justice Web site at www.usdoj.gov/04foia/att_d.htm.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend information maintained in
the system should direct their requests to the appropriate office
indicated in the ``Record Access Procedures'' section, 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 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 of whether a record is exempt from amendment will be made
after a request is received.
RECORD SOURCE CATEGORIES:
Those individuals who submit initial requests and administrative
appeals pursuant to the FOIA, the Privacy Act, or the applicable
executive order(s) governing classified national security information;
the agency records searched in the process of responding to such
requests and appeals; Department of Justice personnel assigned to
handle such requests and appeals; other agencies or entities that have
referred to the Department of Justice requests concerning Department of
Justice records, or that have consulted with the Department of Justice
regarding the handling of particular requests; agencies or individuals
who have submitted an inquiry to OIP regarding federal agency
compliance with the FOIA and agencies that are the subjects of such
inquiries; and submitters or subjects of records or information that
have provided assistance to the Department of Justice in making access
or amendment determinations.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Attorney General has exempted this system from subsections
(c)(3) and (4), (d)(1), (2), (3), and (4); (e)(1), (2), (3), (5), and
(8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j) and (k).
These exemptions apply only to the extent that information in the
system is subject to exemption pursuant to 5 U.S.C. 552a(j) and (k).
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.
[FR Doc. 2012-10740 Filed 5-3-12; 8:45 am]
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