Privacy Act of 1974; Notice of New System of Records, 39790-39792 [05-13552]

Agencies

• Department of Justice

[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Notices]
[Pages 39790-39792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-13552]


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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: //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]
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