[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.54]



[Page 291-292]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

 Subpart D_Protection of Privacy and Access to Individual Records Under 

                         the Privacy Act of 1974

 

Sec. 16.54  Employee standards of conduct.



    Each component will inform its employees of the provisions of the 

Privacy Act, including the Act's civil liability and criminal penalty 

provisions. Unless otherwise permitted by law, an employee of the 

Department of Justice shall:

    (a) Collect from individuals only the information that is relevant 

and necessary to discharge the responsibilities of the Department;

    (b) Collect information about an individual directly from that 

individual whenever practicable;

    (c) Inform each individual from whom information is collected of:

    (1) The legal authority to collect the information and whether 

providing it is mandatory or voluntary;

    (2) The principal purpose for which the Department intends to use 

the information;

    (3) The routine uses the Department may make of the information; and

    (4) The effects on the individual, if any, of not providing the 

information;

    (d) Ensure that the component maintains no system of records without 

public notice and that it notifies appropriate Department officials of 

the existence or development of any system of records that is not the 

subject of a current or planned public notice;

    (e) Maintain all records that are used by the Department in making 

any determination about an individual with such accuracy, relevance, 

timeliness, and completeness as is reasonably necessary to ensure 

fairness to the individual in the determination;

    (f) Except as to disclosures made to an agency or made under the 

FOIA, make reasonable efforts, prior to disseminating any record about 

an individual, to ensure that the record is accurate, relevant, timely, 

and complete;

    (g) Maintain no record describing how an individual exercises his or 

her First Amendment rights, unless it is expressly authorized by statute 

or by the individual about whom the record is maintained, or is 

pertinent to and within the scope of an authorized law enforcement 

activity;

    (h) When required by the Act, maintain an accounting in the 

specified form of all disclosures of records by the



[[Page 292]]



Department to persons, organizations, or agencies;

    (i) Maintain and use records with care to prevent the unauthorized 

or inadvertent disclosure of a record to anyone; and

    (j) Notify the appropriate Department official of any record that 

contains information that the Privacy Act does not permit the Department 

to maintain.



[Order No. 2156-98, 63 FR 29600, June 1, 1998; 63 FR 34965, June 26, 

1998; 63 FR 51401, Sept. 25, 1998]