Justia Regulation Tracker

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[Federal Register: November 4, 2009 (Volume 74, Number 212)]
[Notices]               
[Page 57194-57196]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04no09-97]                         

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DEPARTMENT OF JUSTICE

[CPCLO Order No. 004-2009]

 
Privacy Act of 1974; System of Records

AGENCY: United States Department of Justice.

ACTION: Notice of a new system of records and notice to remove a 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''), proposes to 
establish a new system of records to maintain employee directory 
information entitled, ``Employee Directory Systems for the Department 
of Justice,'' JUSTICE/DOJ-014. The Department maintains employee 
directory information in order to facilitate employee collaboration and 
assist in professional contacts to benefit the Department's business 
practices. This system covers employee directory information located on 
the Department's internal e-mail system as well as directories 
maintained by components. This system notice also replaces, and the 
Department hereby removes, the following system notice, previously 
published by the Environment and Natural Resources Division: 
``Personnel Locator System, Environment and Natural Resources Division 
(ENRD-002),'' 73 FR 39,722 (July 10, 2008).

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, and the Office of Management 
and Budget (OMB), which has oversight responsibility under the Act, 
requires a 40-day period in which to conclude its review of the system. 
Therefore, please submit any comments by December 14, 2009.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to the Department of Justice, Attn: Robin N. Moss, Privacy 
Analyst, Office of Privacy and Civil Liberties, Department of Justice, 
National Place Building, 1331 Pennsylvania Avenue, NW., Suite 940, 
Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT: Robin N. Moss, Privacy Analyst, Office 
of Privacy and Civil Liberties, Department of Justice, National Place 
Building, 1331 Pennsylvania Avenue, NW., Suite 940, Washington, DC 
20530.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on the new system of records.

     Dated: October 29, 2009.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, Department of Justice.
DEPARTMENT OF JUSTICE

JUSTICE/DOJ-014

SYSTEM NAME:
    Employee Directory Systems for the Department of Justice

SECURITY CLASSIFICATION:
    Sensitive But Unclassified Information and/or Controlled 
Unclassified Information

SYSTEM LOCATION:
    United States Department of Justice, 950 Pennsylvania Ave., NW., 
Washington, DC 20530-0001, and other Department of Justice offices 
throughout the United States and abroad.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Employees, former employees, detailees, student aides, law clerks,

[[Page 57195]]

volunteers, contractors, and other personnel employed by or otherwise 
affiliated with the Department.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records maintained on the internal Departmental email directory 
system may include name, position title, office location, office 
telephone and facsimile numbers, office address, and electronic mail 
(e-mail) address.
    Records maintained by component directory systems may include name, 
position title, office location, office telephone and facsimile 
numbers, office address, electronic mail (e-mail) address, as well as 
certain limited voluntarily submitted information including photographs 
and professional background records (such as law school name and year 
of graduation, clerkships, bar memberships, advanced degrees earned, 
foreign language expertise, and notary public commission). In addition, 
some directories may include certain information to which access is 
restricted to users depending on the roles and responsibilities within 
the system. Specifically, some directories may include information 
collected for a specific statutory or management purpose and may 
include limited relevant professional background information. Some 
component directories may also include emergency contact information, 
which may be used to contact the individual named, or his/her 
authorized designee, in the event of an emergency during or outside of 
official duty hours. Emergency contact information maintained in 
component directories may include home addresses and telephone numbers; 
cellular telephone numbers; pager numbers; other alternate telephone 
numbers where individuals or their designees may be reached while away 
on travel, assigned work detail, or other extended absence from the 
office; email addresses; names, telephone numbers and email addresses 
of family members or other emergency contacts; and other contact 
information individuals may wish to provide. [Note: The Department has 
provided notice for emergency contact information not maintained in 
component employee directories in Department of Justice -009 
``Emergency Contact Systems for the Department of Justice,'' 69 FR 1762 
(Jan. 12, 2004).]

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Authority to establish and maintain this system is contained in 5 
U.S.C. 301 and 44 U.S.C. 3101, which authorize the Attorney General to 
create and maintain federal records of agency activities, as well as 
other specific statutory authorities that authorize the maintenance of 
records by the Department of Justice.

PURPOSE(S):
    To allow Department personnel to collaborate within each individual 
component and within the Department and to facilitate professional 
contacts in order to perform their duties and to benefit the 
Department's business practices.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    (a) 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.
    (b) 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.
    (c) To the National Archives and Records Administration in 
connection with records retention and disposition issues and for 
purposes of records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    (d) 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.
    (e) 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 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.
    (f) 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.
    (g) 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.
    (h) 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.
    (i) 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.
    (j) To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.
    (k) To the news media and the public, including disclosures 
pursuant to 28 CFR Sec.  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.

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 are stored in accordance with applicable

[[Page 57196]]

executive orders, statutes, and agency implementing recommendations.

RETRIEVABILITY:
    Information is retrieved by the individual's name, and in some 
instances, email addresses.

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
appropriate laws, rules, and policies, including the Department's 
automated systems security and access policies, and access to such 
information is limited to Department personnel, contractors, and other 
affiliated personnel who have an official need for access in order to 
perform their duties. Access to electronic employee directory systems 
is restricted to Department personnel, contractors and other affiliated 
persons with accounts on the Department's computer network because it 
is accessed via the Department's intranet or the specific component's 
intranet. Additionally, access to certain information in directories 
maintained by components is restricted to certain users depending on 
their roles and responsibilities within that system. For example, 
access to emergency contact information that is maintained in some 
component's directories is strictly limited to managers and personnel 
with a need to know in order to contact a designee in the event of an 
emergency.

RETENTION AND DISPOSAL:
    Records are retained during their useful life in accordance with 
records retention schedules approved by the National Archives and 
Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    Director, Office of Privacy and Civil Liberties, Department of 
Justice, National Place Building, 1331 Pennsylvania Avenue, NW., Suite 
940, Washington, DC 20530.

NOTIFICATION PROCEDURE:
    Same as record access procedures.

RECORD ACCESS PROCEDURES:
    Access to employee directory systems is restricted to Department 
employees, contractors, and other affiliated persons with accounts on 
the Department's computer network because it is accessed via the 
Department's intranet or the specific component's intranet. 
Additionally, access to certain information in component directories is 
restricted to users depending on their roles and responsibilities 
within that system. For example, access to the emergency contact 
information included in some component directories is restricted to 
those managers and personnel who need to know the information in order 
to contact a designee in the event of an emergency.
    For access to Departmental e-mail system information, individuals 
may directly access information through the Department's internal e-
mail system.
    For certain component employee directory systems, individuals may 
directly or through a system administrator, post, verify, correct, and/
or remove information in their individual employee profiles.
    All other requests for access may be made by writing to the System 
Manager named 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 place and date of birth. The request must be 
signed and either notarized or submitted under penalty of perjury. A 
determination of whether a record may be accessed will be made after a 
request is received.
    Although no specific form is required, you may obtain forms 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:[sol][sol]www.usdoj.gov/04foia/att_d.htm.

CONTESTING RECORD PROCEDURES:
    For information maintained in the internal Departmental e-mail 
system, individuals may contact a system administrator to inquire about 
updating, correcting, and/or removing information.
    For certain component employee directory systems, individual 
employees may directly or through a system administrator, post, verify, 
correct, and/or remove information in their individual employee 
profiles.
    Individuals may also contest or amend information maintained in the 
system by directing their requests to the appropriate component system 
administrator or the System Manager named above, stating clearly and 
concisely what information is being contested, the reasons for 
contesting it, and the proposed amendment to the information sought. A 
determination of whether a record may be contested or amended will be 
made after a request is received.

RECORD SOURCE CATEGORIES:
    Sources of information contained in this system are from existing 
Department and/or component employee directory information, as well as 
employees, student aides, law clerks, and volunteers, contractors, and 
other associated personnel who provide such information.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

[FR Doc. E9-26526 Filed 11-3-09; 8:45 am]

BILLING CODE 4410-FB-P