Privacy Act of 1974; System of Records, 69594-69595 [05-22641]

Agencies

• Department of Justice

[Federal Register Volume 70, Number 220 (Wednesday, November 16, 2005)]
[Notices]
[Pages 69594-69595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22641]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 016-2005]


Privacy Act of 1974; System of Records

    Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
given that the Federal Bureau of Prisons (Bureau or BOP), Department of 
Justice, proposes to create a new systems of records entitled ``Inmate 
Electronic Message Record System, JUSTICE/BOP-013.'' The system notice 
will become effective sixty (60) days from the date of publication in 
the Federal Register.
    The Bureau is creating this new program as a pilot project at 
selected sites. Once the pilot is completed and evaluated, the Bureau 
may expand the program to all individuals placed under the custody of 
the Bureau pursuant to 18 U.S.C. 3621 and 5003 (state inmates).
    Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be 
provided 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 December 
27, 2005. The public, OMB, and the Congress are invited to send written 
comments to Mary Cahill, Management and Planning Staff, Justice 
Management Division, Department of Justice, Washington, DC 20530 (1400 
National Place Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the proposed new system of records.

    Dated: November 7, 2005.
Paul R. Corts,
Assistant Attorney General for Administration.
JUSTICE/BOP-013

SYSTEM NAME:
    Inmate Electronic Message Record System.

SECURITY CLASSIFICATION:
    Not classified.

SYSTEM LOCATION:
    For the pilot program, records will be retained only at selected 
sites. Once the pilot is completed and evaluated, records may be 
retained at any of the Federal Bureau of Prisons (Bureau) facilities 
nationwide, or at any location operated by a contractor authorized to 
provide computer and/or electronic message service to Bureau inmates. A 
list of Bureau facilities may be found at 28 CFR part 503 and on the 
Internet at https://www.bop.gov.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former inmates, including pre-trial detainees, under 
the custody of the Attorney General and/or the Director of the Bureau 
of Prisons; recipients of electronic messages from current and former 
inmates; individuals on the approved electronic message correspondent 
lists of current or former inmates; individuals who request, in writing 
through either traditional mail or through electronic message, that the 
Bureau delete their name and electronic address from inmate electronic 
message correspondent lists.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include: (1) Personal identification data; 
(2) time usage data; (3) electronic message data, including date and 
time of each electronic message; the name and register number of the 
inmate who sent the electronic message; and the electronic address of 
the message recipient and his/her relationship to the inmate; digital 
and compact disc recordings of electronic messages; and (4) 
investigatory data developed internally as well as any related data 
collected from federal, state, local, tribal and foreign law 
enforcement agencies, and from federal and state probation and judicial 
officers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    18 U.S.C. 3621, 4042, and 5003.

PURPOSE(S):
    This system of records is maintained to manage records relating to 
inmate electronic messages and to ensure that inmates exercise their 
electronic message privileges in a manner consistent with correctional 
goals. The Bureau of Prisons encourages inmates to maintain contact 
with members of the community, including contact through the exchange 
of electronic messages directed to socially useful goals. The related 
uses for which the Bureau will maintain the system include (1) 
recording of time used by inmates writing, receiving, and reviewing 
electronic messages; (2) maintaining inmate electronic message 
correspondent lists; (3) monitoring of inmate electronic message 
activity; and (4) conducting investigations, e.g., investigation of 
inmate activity related to electronic message usage, and/or illegal 
activities or suspected illegal activities being conducted, 
coordinated, or directed from within a federal correctional 
institution.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Relevant data from this system will be disclosed as follows:
    (a) 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, including possible criminal violations discovered as 
part of electronic message monitoring done for the safety, security and 
good order of penal institutions.
    (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 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 record subject;
    (d) 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;
    (e) To the National Archives and Records Administration in records 
management inspections conducted under the authority of 44 U.S.C. 2904 
and 2906;
    (f) To affected non-inmate record subjects to the extent necessary 
to provide such persons with information concerning placement and/or 
removal from an inmate's electronic message correspondent list;
    (g) To an 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;
    (h) 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 a court, or administrative or adjudicative body, when 
the adjudicator determines the records to be relevant to the 
proceeding;
    (i) The Department of Justice may disclose relevant and necessary

[[Page 69595]]

information 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; and
    (j) To federal, state, local, tribal, foreign or international 
licensing agencies or associations which require information concerning 
the suitability or eligibility of an individual for a license or 
permit.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    Not Applicable.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Information maintained in the system is stored in electronic media 
via a configuration of personal computer and client/server, and may be 
accessed by those with a need-to-know at all Bureau and contractor 
facilities. Some information may be stored in other computerized media, 
e.g., hard disk, floppy diskettes, magnetic tape, digital recordings, 
Compact Discs (CDs), and/or optical disks. Documentary records are 
maintained in manual file folders and/or on index card files.

RETRIEVABILITY:
    Records may be retrieved by identifying data including name and/or 
register number of inmate; and/or by name and/or electronic address of 
message recipient or individual on approved inmate electronic message 
correspondent list.

SAFEGUARDS:
    Information is safeguarded in accordance with Bureau rules and 
policy governing automated information systems security and access. 
These safeguards include the maintenance of records and technical 
equipment in restricted areas, and the required use of proper passwords 
and user identification codes to access the system. Only those Bureau 
personnel and authorized contractors who require access to perform 
their official duties may access the system equipment and the 
information in the system. Bureau inmates will only be able to access 
their own sent and received electronic messages.

RETENTION AND DISPOSAL:
    Electronic messages are maintained ordinarily for six months from 
the date created, at which time they are overwritten with new data. 
Other records in this system may be incorporated into another system of 
records, e.g., JUSTICE/BOP-005, Inmate Central Records System. System-
generated reports are retained for as long as they are needed. 
Computerized records are destroyed by degaussing; documentary records 
are destroyed by shredding.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Director, Administration Division, Federal Bureau of 
Prisons, 320 First Street, NW., Washington, DC 20534.

NOTIFICATION PROCEDURE:
    Inquiries should be directed to the System Manager listed above.

RECORD ACCESS PROCEDURES:
    All requests for records may be made by writing to the Federal 
Bureau of Prisons, 320 First Street, NW., Washington, DC 20534. The 
envelope should be clearly marked ``Freedom of Information/Privacy Act 
Request.'' The request should include a general description of the 
records sought, including the approximate dates covered by the record, 
the requester's full name, current address, and date, and place of 
birth. Also, if the requester is an inmate who requests documents to be 
sent to a third party, the inmate must provide with the request an 
example of his or her signature, which must be verified and dated 
within three (3) months of the date of request. This system of records 
is exempted from access pursuant to 5 U.S.C. 552a(j)(2) and/or (k)(2). 
A determination as to the applicability of the exemption to a 
particular record(s) shall be made at the time a request for access is 
received.

CONTESTING RECORD PROCEDURES:
    Same as above. Requesters may contest record procedures by writing 
to the Office of Information and Privacy, U.S. Department of Justice, 
Federal Bureau of Prisons, 320 First Street, NW., Washington, DC 20530.

RECORD SOURCE CATEGORIES:
    Records are generated by: individuals covered by the system; Bureau 
staff; federal, state, local, tribal, international and foreign law 
enforcement agencies; and federal/state probation and judicial offices.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4), (d)(1)-(4), (e)(2), (e)(3), (e)(5), and (g) of the 
Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and/or (k)(2). 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.

[FR Doc. 05-22641 Filed 11-15-05; 8:45 am]
BILLING CODE 4410-05-P