Privacy Act of 1974; System of Records, 24982-24983 [2012-9777]

Agencies

• Department of Justice

[Federal Register Volume 77, Number 81 (Thursday, April 26, 2012)]
[Notices]
[Pages 24982-24983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9777]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 007-2012]


Privacy Act of 1974; System of Records

AGENCY: Federal Bureau of Prisons, Department of Justice.

ACTION: Modified System of Records.

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SUMMARY: Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is 
given that the Federal Bureau of Prisons (Bureau) proposes to modify in 
part its system of records entitled ``Inmate Central Records System, 
JUSTICE/BOP-005.'' The system notice, which was last published in the 
Federal Register on May 9, 2002 (67 FR 31371), and modified on January 
25, 2007 (72 FR 3410), is now being modified by the Bureau for the 
reasons set forth below, as well as to reflect the overall 
modernization and technological changes of the Bureau's electronic 
information systems, such as SENTRY and BOPWARE, that maintain its 
inmate central records.
    The Bureau is making the following modifications:
    The Bureau clarifies in the ``System Location'' section that the 
records contained in this system may be located at any authorized 
Department of Justice location, in addition to the Central Office, 
Regional Offices, any of the Federal Bureau of Prisons and/or 
contractor-operated correctional facilities. This clarification is made 
to describe accurately where records from this system are located, and 
to reflect that the Bureau may store records at other locations, such 
as other Bureau administrative offices, or at any authorized Department 
of Justice locations.
    The Bureau alters the ``Categories of Individuals Covered by the 
System'' to include individuals who may be committed to the custody of 
the Attorney General and/or the Director of the Bureau of Prisons, 
including those individuals under custody for criminal and civil 
commitments.
    The Bureau is modifying and/or adding to the ``Routine Use'' 
section of the notice as follows:
    The Bureau makes a minor amendment to more accurately cite a 
statutory reference in routine use (i), which allows for disclosure to 
the United States Department of Veterans Affairs (VA), pursuant to 38 
U.S.C. 5106, Public Law 94-432, for the purpose of matching the data 
against VA records to determine the eligibility of Bureau inmates to 
receive veterans' benefits. The incorrect citation to Public Law 96-385 
is removed.
    The Bureau adds a routine use to clarify Bureau practice in keeping 
the public informed: Routine use (r) explains that information that is 
available as a general public record may be disclosed from this system 
of records, including information such as name, offense, sentence data, 
current and past institution confinements, and release date to the 
extent that it does not cause an unwarranted invasion of personal 
privacy. This routine use is needed in order to allow the release of 
information that is available as a general public record to members of 
the public via the Bureau's public Web site or via telephone.
    The Bureau adds a routine use: Routine use (s), which permits 
disclosures required by statute or treaty.
    The Bureau adds a routine use: Routine use (t), which permits 
disclosures to federal, state or community health care agencies and 
professionals, including physicians, psychiatrists, psychologists, and 
state and federal medical facility personnel, who are providing 
treatment for a pre-existing condition to former federal inmates, and 
to federal, state, or local health care agencies and professionals for 
the purpose of securing medical or mental health after-care for current 
federal inmates. This routine use is needed to permit sharing of 
information to these entities in order to ensure continuity of inmate 
medical care.
    The Bureau adds a routine use: Routine use (u) will permit 
disclosures to the Department of State (DOS), for the purposes of 
matching the data against DOS records for detection/prevention of 
criminal activity under 18 U.S.C. 1544. This routine use was requested 
by the Department of State in furtherance of their mission and to 
ensure that inmate identities are not fraudulently misappropriated for 
criminal/unauthorized passport use.
    The Bureau makes a slight change in the ``Safeguards'' section to 
clarify that only those authorized Department of Justice personnel who 
require access to perform their official duties may access the system 
equipment and the information in the system. Previously, this section 
referred to only Bureau staff. The Bureau makes this change to 
accurately reflect that this system is accessed by other authorized 
Department of Justice personnel.
    The Bureau is adding a security classification of ``Unclassified.''
    The Bureau clarifies the section ``Policies and Practices for 
Storing, Retrieving, Accessing, Retaining, and Disposing of Records in 
the System: Storage'' to account for changes in terminology and updated 
technology. Specifically, BOP changes ``stored in electronic media'' to 
``stored electronically,'' ``client/server'' to ``servers,'' and 
``magnetic tapes and/or optical disks'' to ``tape backup systems.'' BOP 
further clarifies that documentary (physical, ``hard copies,'' paper, 
etc.) records are maintained in the same method as information 
maintained in the system or in manual file folders, but that some older 
records are maintained on microfilm, microfiche, and/or index card 
files.
    The Bureau is proposing to exempt this system of records from 
certain provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j) and 
(k). Although this system of records was previously exempt from certain 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), the 
Bureau is seeking additional exemptions pursuant to 5 U.S.C. 552a(j)(2) 
and adding exemptions pursuant to 5 U.S.C. 552a(k).

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. Therefore, please submit any 
comments by May 29, 2012.

ADDRESSES: The public, Office of Management and Budget (OMB), and 
Congress are invited to submit

[[Page 24983]]

comments to the Department of Justice, ATTN: Privacy Analyst, Office of 
Privacy and Civil Liberties, National Place Building, 1331 Pennsylvania 
Avenue NW., Suite 1000, Washington, DC 20530-0001, or by facsimile at 
202-307-0693.

FOR FURTHER INFORMATION CONTACT: C. Darnell Stroble, Attorney Advisor, 
Federal Bureau of Prisons, 202-514-9180.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on the modified system of records.

    Dated: April 5, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
JUSTICE/BOP-005

SYSTEM NAME:
    Inmate Central Records System.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records may be retained at any Department of Justice authorized 
location, including the Central Office, Regional Offices, any of the 
Federal Bureau of Prisons (Bureau) and/or any contractor-operated 
correctional facilities. A list of Bureau locations may be found at 28 
CFR part 503 and on the Internet at https://www.bop.gov.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals currently or formerly under the custody of the Attorney 
General and/or the Director of the Bureau of Prisons, including those 
individuals under custody for criminal and civil commitments.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Relevant data from this system may be disclosed as follows:
* * * * *
    (i) To the United States Department of Veterans Affairs (VA), 
pursuant to 38 U.S.C. 5106, Public Law 94-432, for the purpose of 
matching the data against VA records to determine the eligibility of 
Bureau inmates to receive veterans' benefits; the VA is to erase the 
Bureau data after the match has been made;
* * * * *
    (r) To the news media and the public, including disclosures of 
matters solely of general public record, including name, offense, 
sentence data, current and past institution confinements, and release 
date, unless it is determined that release of the specific information 
would constitute an unwarranted invasion of personal privacy;
    (s) To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty;
    (t) To federal, state or community health care agencies and 
professionals, including physicians, psychiatrists, psychologists, and 
state and federal medical facility personnel, who are providing 
treatment for a pre-existing condition to former federal inmates, and 
to federal, state, or local health care agencies and professionals for 
the purpose of securing medical or mental health after-care for current 
federal inmates.
    (u) To the Department of State (DOS), for the purpose of matching 
the data against DOS records for detection/prevention of criminal 
activity under 18 U.S.C. 1544.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
    Information maintained in the system is stored electronically in 
Bureau facilities via a configuration of personal computers, servers, 
and mainframe systems architecture. Computerized records are maintained 
on hard disks, Compact Discs (CDs), storage area networks, or tape 
backup systems. Documentary (physical, ``hard copies,'' paper, etc.) 
records are maintained in manual file folders or electronically as 
described above. Some older records are maintained on microfilm, 
microfiche, and/or index card files.
* * * * *

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 
authorized DOJ personnel who require access to perform their official 
duties may access the system equipment and the information in the 
system.
* * * * *

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4); (d); (e)(1), (2), (3), (4)(G), (H), and (I), (5), (8); 
(f); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j). The 
Attorney General has also exempted this system from subsections (c)(3); 
(d); (e)(1), (e)(4)(G), (H), and (I); and (f) of the Privacy Act 
pursuant to 5 U.S.C. 552a(k)(2). Rules have been promulgated in 
accordance with the requirements of 5 U.S.C. 553(b), (c) and (e) and 
published in today's Federal Register.

[FR Doc. 2012-9777 Filed 4-25-12; 8:45 am]
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