[Federal Register Volume 75, Number 95 (Tuesday, May 18, 2010)]
[Notices]
[Pages 27821-27824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11770]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 002-2010]
Privacy Act of 1974; System of Records
AGENCY: INTERPOL-United States National Central Bureau (USNCB),
Department of Justice.
SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is
given that the USNCB is modifying a system of records notice,
specifically the ``INTERPOL-USNCB Records System, JUSTICE/INTERPOL-
001,'' last published in the Federal Register on April 10, 2002 at 67
FR 17464. This new notice includes additions to the Categories of
Records in the System and the Purpose of the System. Changes are also
being made to update the Routine Uses to reflect the additional
purpose, and to conform with Department-wide model routine use
language. No changes are made to the exemptions claimed for the system.
The entire notice is republished for convenience to the public.
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. The Office of Management and
Budget (OMB), which has oversight responsibilities under the Privacy
Act, requires that it be given a 40-day period in which to review the
system. Therefore, please submit any comments by June 17, 2010
ADDRESSES: The public, OMB, and the Congress are invited to submit any
comments to the Privacy Analyst, Office of Privacy and Civil Liberties,
Department of Justice, National Place Building, 1331 Pennsylvania
Avenue, Suite 940, Washington, DC 20530.
FOR FURTHER INFORMATION CONTACT: Kevin Smith, General Counsel,
INTERPOL-USNCB, U.S. Department of Justice, Washington, DC 20530 at
202-616-4103.
SUPPLEMENTARY INFORMATION: Although the organization uses the names
INTERPOL-USNCB and INTERPOL Washington for purposes of public
recognition, the INTERPOL-USNCB is not synonymous with the
International Criminal Police Organization (ICPO or INTERPOL), which is
a private intergovernmental organization headquartered in Lyon, France.
The Department of Justice USNCB serves as the United States liaison
with the INTERPOL General Secretariat and works in cooperation with the
National Central Bureaus of other member countries, but is not an
agent, legal representative, nor organization subunit of the
International Criminal Police Organization. The records maintained by
the INTERPOL-USNCB are separate and distinct from records maintained by
INTERPOL, and INTERPOL-USNCB does not have custody of, nor control
over, the records of INTERPOL.
In accordance with 5 U.S.C. 552a (r), the Department has provided a
report to OMB and the Congress.
Dated: April 29, 2010.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer.
Department of Justice
JUSTICE/INTERPOL-001
System Name:
INTERPOL-United States National Central Bureau (USNCB) Records
System, JUSTICE/INTERPOL-001.
System Location:
INTERPOL-U.S. National Central Bureau, Department of Justice,
Washington, DC 20530 .
Categories of Individuals Covered by the System:
Fugitives; wanted persons; criminal and non-criminal individuals
who have been charged or convicted, or are subjects of a criminal
investigation with international aspects; individuals who may be
associated with stolen weapons, motor vehicles, artifacts, or similar
items involved in a crime; victims related to humanitarian or criminal
investigations; witnesses or confidential sources in a criminal
investigation with international aspects; missing and/or abducted
persons (including alleged abductors or other individuals associated
with a missing or abducted person), and persons who are unable or
unwilling to identify themselves; INTERPOL-USNCB, government and non-
government contractors, judicial or law enforcement personnel engaged
in the performance of official duties; applicants for a license, grant,
contract or benefit; and applicants for positions with entities
performing law enforcement and non-law enforcement functions.
Categories of Records in the System:
The program records of the INTERPOL-USNCB consist of criminal and
non-criminal case files which support the law enforcement and
humanitarian functions performed by INTERPOL-USNCB. The files contain
electronic and hard copy records containing identifying particulars
about covered individuals including fingerprints, names, aliases,
places and dates of birth, addresses, photographs, physical
descriptions, various identification numbers, DNA records or profiles,
reason for the records or lookouts, and details and circumstances
surrounding the actual or suspected violations, humanitarian requests
or administrative/operational matters. Such records include criminal
investigative reports; criminal history records; registration records
for criminal offenders; USNCB case files and abstracts; applicant
checks related to employment, security, and regulatory matters,
licenses, grants, contracts, or benefits, and related data; electronic
messages; e-mails; log sheets; notices; bulletins or posters; lookouts
(temporary and permanent notices including identification information
on an individual or item of interest to law enforcement authorities);
warnings about potential threats to public safety from persons, events,
or things; investigative notes; computer printouts; letters; memoranda;
witness statements; and records related to deceased persons.
[[Page 27822]]
Authority for Maintenance of the System:
22 U.S.C. 263A, and 28 CFR 0.34.
Purpose(s):
The system manages data on foreign and domestic criminal and non-
criminal, humanitarian, and related law enforcement matters. These
records are maintained to assist and support international law
enforcement cooperation. The data includes fingerprints, photographs,
criminal investigative reports, criminal history records, registration
records for criminal offenders, applicant checks, licenses, facsimiles,
letters, memoranda, electronic messages, e-mails, bulletins, posters,
log sheets, notices, investigative notes, computer printouts, and
similar data. The data is used to facilitate the sharing of information
among federal, state, local, and tribal law enforcement-related
authorities in the United States, and foreign authorities engaged in
law enforcement functions including: the investigation of crimes and
criminal activities, obtaining evidence, enforcing and upholding the
law, protecting against terrorism and other threats to public safety,
the sharing of law enforcement techniques, prevention of crime,
assistance in humanitarian matters, the location and arrest of
fugitives and wanted persons, the location of missing persons,
identification of unknown bodies, border and immigration control,
screening for the purpose of establishing that an individual is not
wanted or suspected of committing a crime, assisting in litigation, the
sharing of criminal history and background information used for
investigative purposes and to warn of possible threats to public safety
or of someone likely to commit an offense, determinations regarding the
suitability of applicants for employment, and the issuance of a
license, grant, contract, or benefit.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Information may be disclosed as follows:
(a) 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 record may be
referred to the appropriate foreign, 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.
(b) To any person or entity, and to the public generally, to the
extent necessary to obtain information or cooperation in efforts to
locate, identify, or arrest, if appropriate, fugitives, wanted persons,
subjects of investigations, witnesses, missing persons, abducted
persons, and persons who are unable or unwilling to identify
themselves.
(c) To any entity maintaining civil, criminal or other information
when necessary to obtain information relevant to a decision by a
foreign, federal, state, local, territorial, or tribal agency
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.
(d) 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 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.
(e) A record may be disclosed to designated officers and employees
of foreign, 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.
(f) 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.
(g) To such recipients and under such circumstances and procedures
as are mandated by federal statute or treaty.
(h) To the International Criminal Police Organization (INTERPOL)
General Secretariat and National Central Bureaus in member countries
for criminal law enforcement, humanitarian purposes, and to warn about
persons who are possible threats to public safety; and to the INTERPOL
Commission for Control of Interpol's Files, an international board
comprised of five members having oversight responsibilities regarding
the purpose and scope of the information maintained and processed by
INTERPOL, for the purpose of facilitating the Commission's functions of
processing and responding to individuals' and other entities' requests
to Interpol for information about Interpol files.
(i) 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.
(j) To the news media and the public, including disclosures
pursuant to 28 CFR 50.2, unless it is determined that the release of
the specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
(k) 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.
(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 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.
(n) 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.
(o) 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.
(p) A record relating to a case or matter that has been referred by
an agency, or that involves a case or matter within the jurisdiction of
an agency, or where the agency or its officials may be
[[Page 27823]]
affected by a case or matter, 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 other
inquiries and reports as are necessary during the processing of the
case or matter.
(q) To a foreign country, through the United States Department of
State or directly to the representative of such country, to the extent
necessary to assist such country in apprehending and/or returning a
fugitive to a jurisdiction which seeks his return, or to assist such
country in civil or criminal proceedings in which the United States or
one of its officers or agencies has an interest.
(r) 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, or foreign prison, probation, parole, or pardon
authority, or to any other agency or individual concerned with the
maintenance, transportation, or release of such a person.
(s) To a federal, state, local, tribal, foreign, or international
law enforcement agency to assist in the general crime prevention and
detection efforts of the recipient agency or to provide investigative
leads to such agency.
(t) To any entity or person where there is reason to believe that
the recipient is or could become the target of a particular criminal
activity or conspiracy, to the extent the information is relevant to
the protection of life or property.
(u) To appropriate agencies, entities, and persons when (1) it is
suspected or 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.
Policies and Practices For Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Information is stored in paper and in electronic form at the
INTERPOL-USNCB and at the Washington Federal Records Center. Certain
limited data, e.g., that which concerns fugitives and wanted, missing,
or abducted persons, and persons who are considered a threat to public
safety, is stored in TECS, a system administered by Customs and Border
Protection, U.S. Department of Homeland Security, and in the National
Criminal Information Center (NCIC) [JUSTICE/FBI-001], for a limited
time period, or until apprehended or located.
Retrievability:
Information is retrieved primarily by name, system identification
number, personal identification numbers, passport numbers, and by
weapon serial number or motor vehicle identification number.
Safeguards:
Information is safeguarded and protected in accordance with
Department rules and procedures governing the handling of computerized
information. Only those individuals specifically authorized have access
to the INTERPOL-USNCB records. Access to INTERPOL-USNCB records is
given only to those individuals who require access to perform official
duties. In addition, USNCB information resides in the secured INTERPOL-
USNCB offices that are staffed twenty-four hours a day, seven days a
week. Automated data is password secured.
Retention and Disposal:
Case files closed as of April 5, 1982 and thereafter are disposed
of as follows: The hard copy (paper record) will be retained on site at
the INTERPOL-USNCB for two years after closing. At the end of the two
years post closing, the hard copy will be transferred to the Washington
National Records Center for storage. The hard copy (paper record) of
the case file may be destroyed five years after transfer to the
Washington National Records Center, for a total of seven years post
closing, if there has been no case activity. Information contained in
electronic case files will be stored on a compact disc two years after
closing the case and sent to the Washington National Records Center for
destruction in five years, or seven years after case closure, if there
has been no case activity. Automated information will be flagged as an
archived case and maintained on the LAN server for an indefinite period
of time.
System Manager(s) and Address:
Director, INTERPOL-United States National Central Bureau,
Department of Justice, Washington, DC 20530.
Records Management Officer, INTERPOL-United States National Central
Bureau, Department of Justice, Washington, DC 20530.
Chief Information Officer, INTERPOL-United States National Central
Bureau, Department of Justice, Washington, DC 20530.
Notification Procedure:
Inquiries regarding whether the system contains a record pertaining
to an individual may be addressed to the Director, INTERPOL-United
States National Central Bureau, Department of Justice, Washington, DC
20530, or to the Freedom of Information Act (FOIA) Specialist at the
same location. To enable INTERPOL-USNCB personnel to determine whether
the system contains a record relating to him or her, the requester must
submit a written request identifying the record system, identifying the
category and type of records sought, and providing the individual's
full name and at least two items of secondary information (date of
birth, social security number, employee identification number, or
similar identifying information).
Record Access Procedures:
The Attorney General has exempted the INTERPOL-USNCB system from
the access, contest, and amendment provisions of the Privacy Act. Some
records may be available under the Freedom of Information Act.
Inquiries should be addressed to the FOIA/PA Officer, INTERPOL-United
States National Central Bureau, Department of Justice, Washington, DC
20530. The letter should be clearly marked ``Freedom of Information
Request'' and a return address provided for transmitting any
information to the requester. It should also include the Department of
Justice Certificate of Identity (FORM DOJ-361, available on the USNCB
Web site), or an equivalent statement certifying a requester's identity
under penalty of perjury.
Contesting Record Procedures:
See ``Record Access Procedures'' above.
Record Source Categories:
Sources of information contained in this system include
investigating reports, notes, correspondence, messages, photographs,
fingerprints, and other identification materials from
[[Page 27824]]
federal, state, local, tribal and foreign law enforcement and non-law
enforcement agencies (including investigating reports from TECS or
NCIC; other non-Department of Justice investigative agencies; client
agencies of the Department of Justice); statements of witnesses and
parties; and the work product of the staff of the INTERPOL-USNCB
working on particular cases. Although the organization uses the names
INTERPOL-USNCB and INTERPOL Washington for purposes of public
recognition, the INTERPOL-USNCB is not synonymous with the
International Criminal Police Organization (ICPO or INTERPOL), which is
a private, intergovernmental organization headquartered in Lyon,
France. The Department of Justice USNCB serves as the United States
liaison with the INTERPOL General Secretariat and works in cooperation
with the National Central Bureaus of other member countries, but is not
an agent, legal representative, nor organization subunit of the
International Criminal Police Organization. The records maintained by
the INTERPOL-USNCB are separate and distinct from records maintained by
INTERPOL and INTERPOL-USNCB does not have custody of, nor control over,
the records of the International Criminal Police Organization.
Exemptions Claimed For The System:
The Attorney General has exempted this system from subsections
(c)(3) and (4), (d), (e)(1), (2), and (3), (e)(4)(G) and (H), (e)(5)
and (8), (f), and (g) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2), and (k)(2) and (k)(5). 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 16.103.
[FR Doc. 2010-11770 Filed 5-17-10; 8:45 am]
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