Privacy Act of 1974; Systems of Records, 42940-42943 [2018-18298]

Agencies

• Department of Justice

[Federal Register Volume 83, Number 165 (Friday, August 24, 2018)]
[Notices]
[Pages 42940-42943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18298]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 05-2018]


Privacy Act of 1974; Systems of Records

AGENCY: Criminal Division, United States Department of Justice.

ACTION: Notice of a new system of records.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Budget (OMB) Circular No. A-108, notice is hereby given that the 
Criminal Division, a component within the United States Department of 
Justice (DOJ or Department), has established a new system of records 
titled ``Gambling Device Registration System Records,'' JUSTICE/CRM-
030. The Criminal Division proposes to establish this system of records 
to manage gambling device registration forms in accordance with the 
Gambling Devices Act of 1962.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
effective upon publication, subject to a 30-day period in which to 
comment on the routine uses, as described below. Please submit any 
comments by September 24, 2018.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments by mail to the United States Department of Justice, Office of 
Privacy and Civil Liberties, ATTN: Privacy Analyst, National Place 
Building, 1331 Pennsylvania Avenue NW, Suite 1000, Washington, DC 
20530; by facsimile at 202-307-0693; or by email at 
[email protected]. To ensure proper handling, please 
reference the above CPCLO Order No. on your correspondence.

FOR FURTHER INFORMATION CONTACT: Amanda Marchand Jones, Chief, FOIA/PA 
Unit, Criminal Division, Suite 1127, 1301 New York Avenue NW, 
Washington, DC 20530; phone at (202) 616-0307; facsimile at (202) 514-
6117.

SUPPLEMENTARY INFORMATION: The Gambling Devices Act of 1962, 15 U.S.C. 
1171-1178, requires any person or entity engaged in activities 
involving gambling devices, their subassemblies, or constituent parts, 
to register annually with the Attorney General. Registration

[[Page 42941]]

is required when the applicant's activities affect interstate or 
foreign commerce and involve manufacturing, repairing, reconditioning, 
buying, selling, leasing, using, or making a gambling device available 
for use by others. Registration is to be requested in writing each 
calendar year prior to engaging in business and is effective on the 
date all required information is received at the Department. To 
facilitate the registration requirements, the Criminal Division has 
created a ``Request for Registration'' form that can be submitted 
electronically to the Criminal Division. Upon completion, the Criminal 
Division is provided with the information needed for registration.
    The Criminal Division's Gambling Device Registration System will 
primarily maintain these registration records. Specifically, the 
Gambling Device Registration System will: Centralize, control, track, 
and maintain gambling device registration records maintained by the 
Department and required by the Gambling Devices Act of 1962; serve as 
the public interface for registrants to submit or renew gambling device 
registrations; allow the Criminal Division, Office of Enforcement 
Operations, to validate the information against previous submissions; 
and serve as the official record of the registration on behalf of the 
Attorney General.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this new system of records.

    Dated: July 16, 2018.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/CRM-030

SYSTEM NAME AND NUMBER:
    Gambling Device Registration System Records, JUSTICE/CRM-030

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Access to these electronic records may occur from all Department 
locations that the Criminal Division operates or that support Criminal 
Division operations, including but not limited to, 950 Pennsylvania 
Avenue NW, Washington, DC 20530. Some or all system information may 
also be duplicated at other locations where the Department has granted 
direct access to support Criminal Division operations, system backup, 
emergency preparedness, and/or continuity of operations. To determine 
the location of particular Gambling Device Registration System records, 
contact the system manager using the contact information listed in the 
``SYSTEM MANAGER(S)'' paragraph, below.

SYSTEM MANAGER(S):
    Director, Office of Enforcement Operations, Criminal Division, 950 
Pennsylvania Avenue NW, Washington, DC 20530; telephone: 202-514-6809; 
email: [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Gambling Devices Act of 1962, 15 U.S.C. 1171-1178; 28 CFR part 3, 
Gambling Devices.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to: centralize, control, 
track, and maintain registration records maintained by the Department 
and required by the Gambling Devices Act of 1962; serve as the public 
interface for registrants to submit or renew gambling device 
registrations; allow the Criminal Division, Office of Enforcement 
Operations, to validate the information against previous submissions; 
and serve as the official record of the registration on behalf of the 
Attorney General.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The Gambling Device Registration System collects and maintains 
information on the owner, agent, and/or corporate officers who are 
engaged in: manufacturing gambling devices, if the activities of such 
business in any way affect interstate or foreign commerce; repairing, 
reconditioning, buying, selling, leasing, using, or making available 
for use by others any gambling device, if in such business he or she 
sells, ships, or delivers any such device knowing that it will be 
introduced into interstate or foreign commerce; or repairing, 
reconditioning, buying, selling, leasing, using, or making available 
for use by others any gambling device, if in such business he or she 
buys or receives any such device knowing that it has been transported 
in interstate or foreign commerce.
    This system of records will also collect and maintain audit log 
information on the DOJ employees who access the Gambling Device 
Registration System.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The Gambling Device Registration System contains gambling device 
information, information regarding the individual person, agency, or 
corporation that owns and/or registers the gambling device, and DOJ 
employee information. Such information includes, but is not limited to:
    (A) The gambling device registrant's name and any trade name under 
which the registrant does business, and if a company or corporation, 
the names and titles of the principal officers;
    (B) The address of the place of business of the registrant in any 
state or possession of the United States;
    (C) The address in a state or a possession of the United States 
where records and supporting documentation statutorily required to be 
maintained by the registrant may be viewed;
    (D) Each gambling activity in which the registrant intends to 
engage during the calendar year;
    (E) Information collected to effectuate necessary communications 
with the registrant or historical record-keeping, including: name of 
the agent/owner completing the form; contact phone number for the 
registrant; and contact email address for the registrant;
    (F) Effective date of the registration;
    (G) Confirmation letter date for the registration;
    (H) Previous registrations by the same registrant;
    (I) Department of Justice Records Number (DJ Number), which also 
serves as a Registrant Number and is assigned by the System; and
    (J) Audit log, access, and user activity information from system 
users.

RECORD SOURCE CATEGORIES:
    Records contained in this system of records are derived from 
information provided directly by the owner, agent, and/or corporate 
officers who register devices in accordance with the Gambling Devices 
Act of 1962, or from the DOJ employee or device that accesses the 
Gambling Device Registration System.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system of records may be disclosed as a routine use pursuant to 5 
U.S.C. 552a(b)(3) under the circumstances or for the purposes described 
below, to the extent such disclosures are compatible with the purposes 
for which the information was collected:
    (A) To any criminal, civil, or regulatory law enforcement authority 
(whether Federal, state, local, territorial, tribal, foreign, or 
international) where the information is relevant to the recipient 
entity's law enforcement responsibilities.

[[Page 42942]]

    (B) 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.
    (C) 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.
    (D) To any person or entity that the Department of Justice has 
reason to believe possesses information regarding a matter within the 
jurisdiction of the Department of Justice, to the extent deemed to be 
necessary by the Department of Justice in order to elicit such 
information or cooperation from the recipient for use in the 
performance of an authorized activity.
    (E) 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.
    (F) 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 informal discovery 
proceedings.
    (G) To the news media and the public, including disclosures 
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.
    (H) 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.
    (I) To designated officers and employees of state, local, 
territorial, or tribal law enforcement or detention agencies in 
connection with the hiring or continued employment of an employee or 
contractor, where the employee or contractor would occupy or occupies a 
position of public trust as a law enforcement officer or detention 
officer having direct contact with the public or with prisoners or 
detainees, to the extent that the information is relevant and necessary 
to the recipient agency's decision.
    (J) 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 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.
    (K) 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.
    (L) To Federal, state, local, territorial, tribal, foreign, or 
international licensing agencies or associations which require 
information concerning the suitability or eligibility of an individual 
for a license or permit.
    (M) 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.
    (N) 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.
    (O) To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that there has been a breach of 
the system of records; (2) the Department has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, the Department (including its information systems, 
programs, and operations), the Federal Government, or national 
security; 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 breach or 
to prevent, minimize, or remedy such harm.
    (P) To another Federal agency or Federal entity, when the 
Department determines that information from this system of records is 
reasonably necessary to assist the recipient agency or entity in (1) 
responding to a suspected or confirmed breach, or (2) preventing, 
minimizing, or remedying the risk of harm to individuals, the recipient 
agency or entity (including its information systems, programs, and 
operations), the Federal Government, or national security, resulting 
from a suspected or confirmed breach.
    (Q) To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of the Criminal 
Division and meeting related reporting requirements.
    (R) To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in both hard copy and electronic format. 
Hard-copy, paper format records are stored in filing cabinets in a 
secure room. Electronic data records are stored in electronic media via 
a configuration of client/servers and personal computers. Records are 
stored in accordance with applicable executive orders, statutes, and 
agency implementing regulations.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Files and automated data are retrieved by name of a registrant, 
trade name under which the registrant does business, the names and 
title(s) of the principal officer(s) of a registrant corporation, or 
the assigned DJ Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are retained and disposed of in accordance 
with the schedule approved by the Archivist of the United States, Job 
Number N1-060-08-012.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Both electronic and paper records are safeguarded in accordance 
with appropriate laws, rules, and policies, including Department and 
Criminal Division policies. The records are protected by physical 
security methods and dissemination/access controls. Direct access is 
controlled and limited to approved personnel with an official need for 
access to perform their duties. Paper files are stored: (1) In a secure 
room with controlled access; (2) in locked file cabinets; and/or (3) in 
other appropriate GSA approved security containers. Information systems 
and

[[Page 42943]]

electronic records are protected by physical, technical, and 
administrative safeguards. Records are located in a building with 
restricted access and are kept in a locked room with controlled access 
or are safeguarded with approved encryption technology. The use of 
multifactor authentication is required to access electronic systems. 
Information may be transmitted to routine users on a need to know basis 
in a secure manner and to others upon verification of their 
authorization to access the information and their need to know. 
Internet connections are protected by multiple firewalls. Security 
personnel conduct periodic vulnerability scans using DOJ-approved 
software to ensure security compliance and security logs are enabled 
for all computers to assist in troubleshooting and forensics analysis 
during incident investigations.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and should be 
addressed to the Criminal Division, FOIA/PA Unit, Suite 1127, 1301 New 
York Avenue NW, Washington, DC 20530-0001, or emailed to 
[email protected]. The request should be clearly marked ``Privacy Act 
Access Request.'' The request must describe the records sought in 
sufficient detail to enable Department personnel to locate them with a 
reasonable amount of effort. The request must 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 the access provisions as described in 
the ``EXEMPTIONS PROMULGATED FOR THE SYSTEM'' paragraph, below. An 
individual who is the subject of a record in this system of records may 
access those records that are not exempt from access. A determination 
whether a record may be accessed will be made at the time a request is 
received.
    Although no specific form is required, you may obtain forms for 
this purpose from the FOIA/Privacy Act Mail Referral Unit, United 
States Department of Justice, 950 Pennsylvania Avenue NW, Washington, 
DC 20530.
    More information regarding the Department's procedures for 
accessing records in accordance with the Privacy Act can be found at 28 
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual 
Records Under the Privacy Act of 1974.''

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records maintained in this 
system of records must direct their requests to the address indicated 
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to 
contest or amend records must be in writing and the request should be 
clearly marked ``Privacy Act Amendment Request.'' All requests must 
state clearly and concisely what record is being contested, the reasons 
for contesting it, and the proposed amendment to the record. Some 
information may be exempt from the amendment provisions as described in 
the ``EXEMPTIONS PROMULGATED FOR THE SYSTEM'' paragraph, below. An 
individual who is the subject of a record in this system of records may 
contest or amend those records that are not exempt. A determination of 
whether a record is exempt from the amendment provisions will be made 
after a request is received.
    More information regarding the Department's procedures for amending 
or contesting records in accordance with the Privacy Act can be found 
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''

 NOTIFICATION PROCEDURES:
    Individuals may be notified if a record in this system of records 
pertains to them. Notification requests should utilize the same 
procedures as those identified in the ``RECORD ACCESS PROCEDURES'' 
paragraph, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2018-18298 Filed 8-23-18; 8:45 a.m.]
 BILLING CODE 4410-14-P