[Federal Register: July 11, 2005 (Volume 70, Number 131)]
[Notices]
[Page 39790-39792]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy05-75]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 002-2005]
Privacy Act of 1974; Notice of New System of Records
Pursuant to the provisions of the Privacy Act of 1974, 5 U.S.C.
552a, notice is given that the Department of Justice proposes to
establish a new Departmentwide system of records entitled, ``Department
of Justice Regional Data Exchange System (RDEX)'' DOJ-012. This new
system of records consists of unclassified criminal law enforcement
records collected and produced by the following Department of Justice
components: the Federal Bureau of Prisons; the United States Marshals
Service; and the State of Washington field offices of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives, the Drug Enforcement
Administration, and the Federal Bureau of Investigation. This
information is being contributed to and maintained in this system as
part of the Department of Justice's Law Enforcement Information Sharing
Program (LEISP). A principal purpose of LEISP is to ensure that
Department of Justice criminal law enforcement information is available
for users at all levels of government so that they can more effectively
investigate, disrupt, and deter criminal activity, including terrorism,
and protect the national security. RDEX furthers this purpose by
consolidating certain law enforcement information from other Department
of Justice systems in order that it may more readily be available for
sharing with other law enforcement entities. As an initial pilot
program, RDEX will serve as a technical interface between the
Department and federal, state, and local members of the Northwest Law
Enforcement Information Exchange, which is a regional law enforcement
information sharing system. Because this system consists of information
from other existing Department of Justice systems, the routine uses
applicable to this system are substantially the same as those that
apply to those systems and that have previously been published by the
individual Department of Justice components that contributed the
information.
In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment; and the Office of Management
and Budget (OMB), which has oversight responsibility under the Privacy
Act, requires a 40-day period in which to conclude its review of the
system. Therefore, please submit any comments by August 10, 2005. The
public, OMB, and Congress are invited to submit any comments to Mary E.
Cahill, Management Analyst, Management and Planning Staff, Justice
Management Division, United States Department of Justice, Washington,
DC, 20530-0001 (Room 1400, National Place Building).
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report of this new system of records to OMB and Congress.
Dated: June 30, 2005.
Paul R. Corts,
Assistant Attorney General for Administration.
DOJ-012
System Name:
Department of Justice Regional Data Exchange System (RDEX)
Security Classification:
Unclassified.
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:
Individuals covered by this system include all individuals who are
referred to in potential or actual cases or matters of concern to the
Federal Bureau of Prisons (BOP); the United States Marshals Service
(USMS); and the State of Washington field offices of the Bureau of
Alcohol, Tobacco, Firearms, and Explosives (ATF), the Drug Enforcement
Administration (DEA), and the Federal Bureau of Investigation (FBI).
Because the system contains audit logs regarding queries, individuals
who use the system to conduct such queries are also covered.
Categories of Records in the System:
The system consists of unclassified criminal law enforcement
records collected and produced by the BOP; the USMS; and the State of
Washington field offices of the ATF, DEA, and FBI; including:
investigative reports and witness interviews from both open and closed
cases; criminal event data (e.g., characteristics of criminal
activities and incidents that identify links or patterns); criminal
history information (e.g., history of arrests, nature and disposition
of criminal charges, sentencing, confinement, and release); and
identifying information about criminal offenders (e.g., name, address,
date of birth, birthplace, physical description). The system also
consists of audit logs that contain information regarding queries made
of the system.
Authority for Maintenance of the System:
The system was established and is maintained pursuant to 28 U.S.C.
533 and 534; Presidential Decision Directives 39 and 62; and Executive
Order 13,356.
Purpose of the System:
This system is maintained for the purpose of ensuring that
Department of
[[Page 39791]]
Justice criminal law enforcement information is available for users at
all levels of government so that they can more effectively investigate,
disrupt, and deter criminal activity, including terrorism, and protect
the national security. RDEX furthers this purpose by consolidating
certain law enforcement information from other Department of Justice
systems in order that it may more readily be available for sharing with
other law enforcement entities.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information may be disclosed from this system as follows:
(1) To any criminal, civil, or regulatory law enforcement authority
(whether federal, state, local, territorial, tribal, or foreign) where
the information is relevant to the recipient entity's law enforcement
responsibilities.
(2) To a governmental entity lawfully engaged in collecting
criminal law enforcement, criminal law enforcement intelligence, or
national security intelligence information for law enforcement or
intelligence purposes.
(3) 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.
(4) In an appropriate proceeding before a court, 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.
(5) To an actual or potential party to litigation 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.
(6) To the news media and the public 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.
(7) 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.
(8) 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.
(9) To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
(10) 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.
(11) 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.
(12) To any person or entity if deemed by the Department to be
necessary in order to elicit information or cooperation from the
recipient for use by the Department in the performance of an authorized
law enforcement activity.
(13) To any individual, 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.
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 primarily in electronic form.
However, some information may also be stored in paper form.
Retrievability:
Records are retrieved by the name and/or other identifier(s) of the
individual.
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 buildings with restricted access.
Passwords, password protection identification features, and other
system protection methods also restrict access to information in this
system. Only Department of Justice personnel and other users who are
members of law enforcement agencies, have undergone background and
criminal history checks, and have received appropriate training will be
permitted access to the system; and such access is limited to those who
have an official need for access in order to perform their duties.
Retention and Disposal:
Records in this system in all formats are maintained and disposed
of in accordance with appropriate authority of the National Archives
and Records Administration.
System Managers and Addresses:
For the RDEX system generally: Chief Information Officer, Office of
the Chief Information Officer, Justice Management Division, United
States Department of Justice, 950 Pennsylvania Avenue, NW., Washington,
DC 20530.
For ATF information: Associate Director, Office of Strategic
Intelligence and Information, Bureau of Alcohol, Tobacco, Firearms and
Explosives, 650 Massachusetts Avenue, NW., Washington, DC 20226.
For BOP information: Assistant Director, Correctional Programs
Division, Federal Bureau of Prisons, 320 First Street, NW., Washington,
DC 20534.
For DEA information: Assistant Administrator, Operations Division,
Drug Enforcement Administration, Freedom of Information Section,
Washington, DC 20537.
For FBI information: Director, Federal Bureau of Investigation, 935
Pennsylvania Avenue, NW., Washington, DC 20535.
For USMS information: Assistant Director, Investigative Services
Division, United States Marshals Service, Washington, DC 20530-1000.
Notification Procedures:
Same as Record Access Procedures.
Record Access Procedures:
Requests for access may be made by appearing in person or by
writing to the appropriate system manager at the address indicated in
the System Managers and Addresses section, above. The envelope and
letter should be clearly marked ``Privacy Act 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 may be exempt from access as
described
[[Page 39792]]
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 of
whether a record may be accessed will be made after a request is
received.
Although no specific form is required, forms may be obtained for
this purpose from the FOIA/PA 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 http: //http://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 system
manager at the address indicated in the System Managers and Addresses
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 any 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:
Records in RDEX come directly from the criminal law enforcement
files and records systems of the participating Department of Justice
components (ATF, BOP, DEA, FBI, and USMS).
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)(2). These
exemptions apply only to the extent that information in the system is
subject to exemption pursuant to 5 U.S.C. 552a(j)(2). Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c), and (e), and are published in today's Federal Register.
[FR Doc. 05-13552 Filed 7-8-05; 8:45 am]