Privacy Act of 1974; System of Records, 39722-39724 [E8-15672]

Agencies

• Department of Justice

[Federal Register Volume 73, Number 133 (Thursday, July 10, 2008)]
[Notices]
[Pages 39722-39724]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15672]



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DEPARTMENT OF JUSTICE

[CPCLO Order No. 002-2008]


Privacy Act of 1974; System of Records

AGENCY: Environment and Natural Resources Division, Department of 
Justice.

ACTION: Notice of a New System of Records.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), the 
Environment and Natural Resources Division (ENRD), Department of 
Justice, proposes to establish a new system of records to store 
personnel locator information entitled, ``Personnel Locator System, 
JUSTICE/ENRD-002.'' The Personnel Locator System will include modules 
with locator information (including professional background held by 
particular staff) as well as emergency contact information.

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 August 19, 2008.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments to the Department of Justice, Attn: Kirsten J. Moncada, 
Director, Office of Privacy and Civil Liberties, Department of Justice, 
National Place Building, 1331 Pennsylvania Avenue, Suite 940, 
Washington, DC 20530.

FOR FURTHER INFORMATION CONTACT: Donna B. Whitaker, Director, Office of 
Information Management, Environment & Natural Resources Division, U.S. 
Department of Justice, P.O. Box 7754, Washington, DC 20044-7754, 202-
616-3100.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the new system of records.

    Dated: July 3, 2008.
Kenneth P. Mortensen,
Acting Chief Privacy and Civil Liberties Officer.
Department of Justice

Justice/ENRD-002

System name:
    Personnel Locator System, Environment and Natural Resources 
Division (ENRD-002).

Security classification:
    Sensitive but unclassified.

System location:
    U.S. Department of Justice, Environment and Natural Resources 
Division, 950 Pennsylvania Ave., NW., Washington, DC 20530, and other 
ENRD field offices throughout the United States.

Categories of individuals covered by the system:
    Employees, Student Aides, Law Clerks, Volunteers, Contractors and 
other personnel employed by or otherwise affiliated with the 
Environment and Natural Resources Division, U.S. Department of Justice.

Categories of records in the system:
    The locator portion of the system will contain records filed by 
name of employee or affiliated personnel or individuals, including his 
or her position title; office location; office telephone and facsimile 
(fax) numbers; office address; professional electronic mail (e-mail) 
address(es); and optional voluntary photograph. Locator information 
will also include professional background records filed by name of 
employee or affiliated personnel, listing any voluntary, self-declared 
experience, skill or certification in the following areas: Law school 
name and year(s) of graduation; clerkships; bar memberships; advanced 
degrees earned; foreign language expertise; Notary Public commission. 
The emergency contact information module of the Personnel Locator 
System will contain comprehensive contact information from employees or 
affiliated personnel that may be used to contact the person named, or 
his/her authorized designee, in the event of an emergency during or 
outside of official duty hours. Information categories include home 
addresses and telephone numbers; cellular telephone numbers; pager 
numbers; other alternate telephone numbers where persons or their 
designees may be reached while away on travel, assigned work detail, or 
other extended absence from the office; electronic mail (e-mail) 
addresses; names, telephone numbers and e-mail addresses of family 
members or other emergency contacts; and other contact information 
persons may wish to provide. The system will also include audit 
information for emergency contact information to track changes that are 
updated by authorized emergency coordinators, managers and system 
administrators.

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, and is 
further described in 28 CFR 0.65 and 28 CFR 0.135, which give the 
Environment and Natural Resources Division authority to create and 
maintain federal records.

Purpose(s):
    Division personnel collaborate on cases and matters requiring 
specialized legal expertise and often require assistance from 
colleagues with particular background or skills. The ENRD staff desires 
a centralized, searchable directory of employee expertise with 
associated locator information to facilitate professional contacts. 
ENRD desires to maintain its emergency contact database in the same 
system of records to assist with the ease of data entry and information 
updates for or by employees, and to simplify system maintenance for the 
system administrators. Submission of information to the PLS database is 
voluntary and electing not to participate will have no adverse impact 
on the selection, promotion or retention status of the non-participant.

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 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,

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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 that requires information 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.
    (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 such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Information will be stored electronically in a database located on 
a server connected to the Division's intranet. In accordance with 
ENRD's emergency planning policies, ENRD databases also are copied 
offsite on a mirror system to which data are replicated every 24 hours.

Retrievability:
    Information is retrieved by the individual's name or by subject 
matter.

Safeguards:
    Access to the Personnel Locator System is restricted to ENRD 
personnel, contractors and other affiliated persons with accounts on 
the Division's computer network because it is accessed via the 
Division's intranet. Information access will be governed by security 
safeguards as described below:
    (1) General locator information: Data editors will be restricted to 
ENRD Executive Office personnel, contractors, and other affiliated 
staff. All ENRD personnel may view these records in read-only format.
    (2) Professional background information: Each staff member may edit 
his or her own record to keep information accurate and current. 
Personnel may not edit records other than their own. System 
administrators will have full editing privileges over these records. 
Other ENRD personnel may view these records in read-only format.
    (3) Emergency contact information: Each person will be able to view 
and edit his or her own emergency contact information record so that he 
or she may keep this information accurate and current. ENRD emergency 
coordinators and managers will have editing rights according to level 
of responsibility so that they may update these records on behalf of 
staff, if necessary, during emergencies or as needed at other times. 
System administrators will have full editing privileges over these 
records. Viewing privileges will be restricted to managers and certain 
other employees or contractors with a need to know.
    Technical equipment for the Personnel Locator System database is 
maintained in buildings with restricted access and is safeguarded in 
accordance with applicable rules and policies, including the 
Department's automated systems security and access policies. The 
offsite mirror system servers are physically and electronically secure 
to top-level DOJ systems personnel and the ENRD senior systems 
engineer.

Retention and disposal:
    Records are retained during their useful life in accordance with 
records retention schedules approved by the National Archives and 
Records Administration. The records will be purged from the database 
when they no longer are needed for business purposes, or after 3 years, 
whichever is later.

System manager(s) and address:
    Director, Office of Information Management, Executive Office, 
Environment and Natural Resources Division, U.S. Department of Justice, 
P.O. Box 7754, Ben Franklin Station, Washington, DC 20044-7754.

Notification procedure:
    Address inquiries to the FOIA/Privacy Act Coordinator, Environment 
and Natural Resources Division, Law and Policy Section, P.O. Box 4390, 
Ben Franklin Station, Washington, DC 20044-4390.

Record access procedures:
    Access to the Personnel Locator System is restricted to ENRD 
personnel, contractors and other affiliated persons with accounts on 
the Division's computer network because it is accessed via the 
Division's intranet.
    (1) General locator information: All ENRD personnel may view these 
records in read-only format.
    (2) Professional background information: Each staff member may 
access and edit his or her own record to keep information accurate and 
current. Personnel may not edit records other than their own. System 
administrators will have full editing privileges over these records. 
Other ENRD personnel may view these records in read-only format.
    (3) Emergency contact information: Each person will be able to 
access and edit his or her own emergency contact information record so 
that he or she may keep this information accurate and current. ENRD 
emergency coordinators and managers will have editing rights according 
to level of responsibility so that they may update these records on 
behalf of staff, if necessary, during emergencies or as needed at other 
times. System administrators will have full editing privileges over 
these records. Viewing privileges will be restricted to managers and 
certain other employees or contractors with a need to know.
    All other requests for access should be submitted in writing. 
Clearly mark the envelope and letter, ``Privacy Act Access Request.'' 
Include in the request your full name, date and place of birth, case 
caption, or other information which may assist in locating the records 
you seek. Also include your notarized signature, or a dated and signed 
statement under penalty of perjury, and a return address. Direct all 
access requests to the FOIA/Privacy Act

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Coordinator; Environment and Natural Resources Division; Law and Policy 
Section; P.O. Box 4390, Ben Franklin Station; Washington, DC; 20044-
4390.

Contesting record procedures:
    If staff members wish to amend information maintained in the 
system, they may amend their own personal and professional background 
records, or emergency contact information data as described above under 
``Record Access Procedures.'' Requests to amend or update other general 
locator information or the personal photograph may be directed to 
system administrators.
    You may also seek to amend or contest information maintained in the 
system, by directing a written request to the FOIA/PA Coordinator at 
the address above, stating clearly and concisely what information is 
being contested, the reasons for contesting it, and the proposed 
amendment to the information you seek.

Record source categories:
    Sources of information contained in this system are (1) the ENRD 
Executive Office, furnishing employee locator information, and (2) the 
ENRD employees, student aides, law clerks, and volunteers, contractors, 
and other associated personnel who furnish the remaining employee 
locator information; the professional background data; and the 
emergency contact data.

Exemptions claimed for the system:
    None.

[FR Doc. E8-15672 Filed 7-9-08; 8:45 am]
BILLING CODE 4410-15-P