Privacy Act of 1974; Systems of Records, 37188-37192 [2021-14986]
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(4); (d); (e)(1), (2), and (3), (e)(4)(G) and
(H), and (e)(5); and (g) of the Privacy
Act, pursuant to 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2), and (k)(5). 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.
HISTORY:
50 FR 37299 (Sept. 12, 1985): Last
published in full;
66 FR 8425 (Jan. 31, 2001); Added one
routine use;
72 FR 3410 (Jan. 25, 2007): Added one
routine use; and
82 FR 24147 (May 25, 2017):
Rescinded 72 FR 3410, and added two
routine uses.
[FR Doc. 2021–14994 Filed 7–13–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF JUSTICE
[CPCLO Order No. 002–2021]
Privacy Act of 1974; Systems of
Records
United States Department of
Justice.
ACTION: Notice of a modified system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974, 5 U.S.C. 552a, and Office of
Management and Budget (OMB)
Circular No. A–108, notice is hereby
given that the Department of Justice
(Department or DOJ), proposes to
modify an existing DOJ system of
records previously titled, ‘‘Department
of Justice Computer Systems Activity
and Access Records,’’ JUSTICE/DOJ–
002. The Department proposes to
modify JUSTICE/DOJ–002 to reflect
changes in technology, including the
increased ability of the Department to
link individuals to information
technology, information system, or
network activity, and to better describe
the Department’s records linking
individuals to reported cybersecurity
incidents or their access to certain DOJ
information technologies, information
systems, and networks through the
internet or other authorized
connections.
SUMMARY:
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, described below.
Please submit any comments by August
13, 2021.
ADDRESSES: The public, Office of
Management and Budget (OMB), and
Congress are invited to submit any
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DATES:
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comments by mail to the Department of
Justice, ATTN: Privacy Analyst, Office
of Privacy and Civil Liberties, 145 N St.
NE, Suite 8W.300, Washington, DC
20530, by facsimile at 202–307–0693, or
by email to privacy.compliance@
usdoj.gov.
FOR FURTHER INFORMATION CONTACT:
Nickolous Ward, DOJ Chief Information
Security Officer, (202) 514–3101, 145 N
Street NE, Washington, DC 20530.
In
accordance with the Federal
Information Security Modernization Act
of 2014, among other authorities, DOJ is
responsible for complying with
information security policies and
procedures requiring information
security protections commensurate with
the risk and magnitude of harm
resulting from the unauthorized access,
use, disclosure, disruption,
modification, or destruction of DOJ
information and information systems.
See, e.g., 44 U.S.C. 3554 (2018).
Consistent with these requirements, DOJ
must ensure that it maintains accurate
audit and activity records of the
observable occurrences on its
information systems and networks (also
referred to as ‘‘events’’) that are
significant and relevant to the security
of DOJ information and information
systems. These audit and activity
records may include, but are not limited
to, information that establishes what
type of event occurred, when the event
occurred, where the event occurred, the
source of the event, the outcome of the
event, and the identity of any
individuals or subjects associated with
the event.
Additionally, monitored events—
whether detected utilizing information
systems maintaining audit and activity
records, reported to the Department by
information system users, or reported to
the Department by the cybersecurity
research community and members of
the general public conducting good faith
vulnerability discovery activities—may
constitute occurrences that (1) actually
or imminently jeopardize, without
lawful authority, the integrity,
confidentiality, or availability of
information or an information system;
or (2) constitute a violation or imminent
threat of violation of law, security
policies, security procedures, or
acceptable use policies. The Department
has developed a formal process to track
and document these reported
‘‘incidents,’’ which may, in limited
circumstances, include records of
individuals reporting, or otherwise
associated with, an actual or suspected
event or incident.
SUPPLEMENTARY INFORMATION:
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The system of records previously
titled JUSTICE/DOJ–002, ‘‘Computer
Systems Activity and Access Records,’’
covers the Department’s tracking of all
DOJ information technology,
information system, and/or network
activity, including any access, whether
authorized or unauthorized, by users to
any DOJ information technology, DOJ
information systems, and/or DOJ
networks. These records assist
Department information security
professionals in protecting DOJ data,
ensuring the secure operation of DOJ
information systems, and tracking and
documenting incidents reported to the
Department. JUSTICE/DOJ–002 was first
published at 64 FR 73,585, on December
30, 1999, and later modified at 66 FR
8,425, on January 31, 2001, and 82 FR
24,147, on May 25, 2017. The revisions
to this notice reflect advances in
technology, such as the ability of
authorized users to connect to
Department information systems
through the internet or other authorized
network connections, as well as the
increased ability of the Department to
link the identity of individuals or
subjects associated with an actual or
suspected event or incident for security
and administrative purposes.
The Department proposes to modify
JUSTICE/DOJ–002 by: Revising the title
of the system of records to, ‘‘Department
of Justice Information Technology,
Information System, and Network
Activity and Access Records;’’
modifying and clarifying the location of
the system’s records; clarifying the
individuals covered by the system to
include any and all individuals who
access Department information systems
for any reason and from any location;
clarifying the way in which the records
maintained in this system of records are
retrieved; expanding the routine uses of
records for disclosures that are
functionally equivalent to the purpose
for which the DOJ information is
collected, or that are necessary and
proper uses of the DOJ information, to
enhance the flexibility of JUSTICE/DOJ–
002; and to notify the public that the
Department intends to claim certain
Privacy Act exemptions, promulgated
elsewhere in the Federal Register. DOJ
is republishing the entire system of
records notice for ease of reference to
these changes.
In accordance with Privacy Act
requirements of 5 U.S.C. 552a(r), the
Department has provided a report to
OMB and to Congress on this revised
system of records.
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Dated: July 1, 2021.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties
Officer, United States Department of Justice.
JUSTICE/DOJ–002
SYSTEM NAME AND NUMBER:
Department of Justice Information
Technology, Information System, and
Network Activity and Access Records,
JUSTICE/DOJ–002.
SECURITY CLASSIFICATION:
Unclassified, Controlled Unclassified
Information, and Classified records.
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SYSTEM LOCATION:
Records will be maintained
electronically at Department of Justice
offices, other sites utilized by the
Department of Justice, and in
information technology, information
systems, or networks owned, operated
by, or operated on behalf of the
Department of Justice. Most records will
be maintained electronically at one or
more of the Department’s Core
Enterprise Facilities (CEF), including,
but not limited to: CEF East, Clarksburg,
WV 26306; CEF West, Pocatello, ID
83201; or CEF–DC, Sterling, VA 20164.
Records may also be maintained at the
individual information technology or
end point of activity within the DOJ
network, and may be located locally on
the physical information technology or
end point before being consolidated and
stored for analysis and investigation.
Records within this system of records
may be transferred to a Departmentauthorized cloud service provider,
where records would be limited to
locations within the Continental United
States. Access to these electronic
records includes all locations at which
DOJ System Managers operate or are
supported, including but not limited to
the Robert F. Kennedy Department of
Justice Building, 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 DOJ System
Manager operations, system backup,
emergency preparedness, and/or
continuity of operations. To determine
the location of particular records
maintained in this system of records,
contact the system manager using the
contact information listed in the
‘‘SYSTEM MANAGER(S)’’ paragraph,
below.
SYSTEM MANAGER(S):
DOJ Chief Information Security
Officer, (202) 514–3101, 145 N Street
NE, Washington, DC 20530.
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The Department has delegated to
component-level Chief Information
Officers and Chief Information Security
Officers, subject to the oversight of the
DOJ Chief Information Officer and/or
DOJ Chief Information Security Officer,
certain responsibilities for maintaining
DOJ information technology,
information system, and network
activity and access records. Processes
and procedures detailed in this system
of records notice may be implemented
by component-level Chief Information
Officers and/or Chief Information
Security Officers, at the direction of the
DOJ Chief Information Officer and/or
DOJ Chief Information Security Officer.
Correspondence and/or requests from
individuals may be referred to the
appropriately delegated componentlevel Chief Information Officer and/or
Chief Information Security Officer.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Federal Information Security
Modernization Act of 2014, 44 U.S.C.
3551 et seq.; Executive Order No. 13587,
Structural Reforms to Improve the
Security of Classified Networks and the
Responsible Sharing and Safeguarding
of Classified Information (2011);
Executive Order No. 13800,
Strengthening the Cybersecurity of
Federal Networks and Critical
Infrastructure (2017); OMB Circular A–
130, Managing Information as a
Strategic Resource (2016); OMB
Memorandum M–17–12, Preparing for
and Responding to a Breach of
Personally Identifiable Information (Jan.
3, 2017); OMB Memorandum M–20–32,
Improving Vulnerability Identification,
Management, and Remediation (Sept. 2,
2020).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records
is to ensure that the Department can
track information system access and
implement information security
protections commensurate with the risk
and magnitude of harm that could result
from the unauthorized access, use,
disclosure, disruption, modification, or
destruction of DOJ information and
information systems. Records in this
system of records are used by system
administrators and security personnel,
or persons authorized to assist these
personnel, for the purpose of: Reviewing
and analyzing DOJ information and DOJ
information system activity and access
events for indications of inappropriate,
unusual, or abnormal activity; tracking,
documenting, and handling
cybersecurity events and incidents;
drafting, reviewing, and revising DOJ
audit and accountability policies;
supporting audit reviews, analyses,
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reporting requirements, and after-thefact investigations of events; planning
and managing system services; and
otherwise performing their official
duties. Authorized DOJ personnel may
use the records in this system for the
purpose of investigating improper
access or other improper activity related
to information system access; initiating
disciplinary or other such action; or,
where the record(s) may appear to
indicate a violation or potential
violation of the law, referring such
record(s) to the appropriate investigative
arm of DOJ, or other law enforcement
agency for investigation.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals covered
by this system encompass all
individuals who are provided DOJ
information technology, access DOJ
information systems, or transmit
information across the DOJ network.
This includes: Individuals who use
authorized DOJ information technology,
information systems, and/or networks to
send or receive DOJ information or DOJrelated communications, access internet
sites, or access any DOJ information
technologies, information systems, or
DOJ information; individuals from
outside DOJ who communicate
electronically with DOJ users, DOJ
information technologies, DOJ
information systems, and/or DOJ
networks; individuals reporting,
tracking, documenting and/or otherwise
associated with cybersecurity incident
and/or event activities; and any
individuals who attempt to access DOJ
information technologies, DOJ
information systems, and/or DOJ
networks, with or without
authorization.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system of records may
include:
A. Access and activity logs that
establish the types of events that
occurred on an information system;
when the events occurred; where the
events occurred; the source of the
events; the outcome of the events; and
the identity of any individuals or
subjects associated with the events.
Such information includes, but is not
limited to: Time stamps recording the
data and time of access or activity;
source and destination addresses; user,
device, and process identifiers,
including internet Protocol (IP) address,
Media Access Control (MAC) address,
and event descriptions; success/fail
indications; filenames involved; full text
recording of privileged commands; and/
or access control or flow control rules
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invoked. Such information may be
collected and aggregated by the
operating system or application software
locally within an information
technology, information system, or
network.
B. Information relating to any
individuals accessing DOJ information,
DOJ information technologies, DOJ
information systems, or DOJ networks,
including but not limited to: Records
contained within JUSTICE/DOJ–020
DOJ Identity, Credential, and Access
Service Records System, 84 FR 60110
(Nov. 7, 2019); user names; persistent
identifiers (such as a User ID); contact
information, such as title, office,
component, and agency; and the
authorization of an individual’s access
to systems, files, or applications, such as
signed consent forms or Rules of
Behavior forms, or access authentication
information (including but not limited
to passwords, challenge questions/
answers used to confirm/validate a
user’s identity, and other authentication
factors).
C. Records on the use of electronic
mail, instant messaging, other chat
services, electronic call detail
information (including name,
originating/receiving numbers, duration,
and date/time of call), and electronic
voicemail.
D. Records of internet access from any
information technology connected to a
DOJ information system, on a DOJ
network, or through authorized
connections to DOJ networks and DOJ
information systems, including the IP
address of the information technology
being used to initiate the internet
connection and the information
accessed.
E. Audit reviews, analyses, and
reporting, including but not limited to,
audits that result from monitoring of
account usage, remote access, wireless
connectivity, mobile device connection,
configuration settings, system
component inventory, physical access,
and communications at the information
system boundaries.
F. Actual or suspected incident or
event report information, including but
not limited to: Information related to
individuals reporting, tracking,
documenting and/or otherwise
associated with a cybersecurity incident
and/or event; information related to
reporting, tracking, investigating, and/or
addressing an incident or event (e.g.,
data/time of the incident or event;
location of incident or event; type of
incident or event; storage medium
information; safeguard information;
external/internal entity report tracking;
data elements associated with the
incident or event; information on
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individuals impacted; information on
information system(s) impacted;
remediation, response, or notification
actions; lessons learned; risk of harm
and compliance assessments); and
information related to discovering,
testing, reporting, tracking,
investigating, and/or addressing a
security vulnerability or indicator of a
security vulnerability.
RECORD SOURCE CATEGORIES:
Records covered by this system of
records are generated internally (i.e.,
information technology, information
system, and/or network activity logs)
regardless of the location from which an
individual accesses DOJ information or
DOJ information systems, manually
sourced from DOJ personnel, or sourced
directly from the individual on whom
the record pertains.
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) of the Privacy Act, all or a
portion of the records or information
contained in this system of records may
be disclosed outside the Department 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 an organization or individual in
both the public or private sector where
there is reason to believe the recipient
is or could become the target of a
particular criminal activity or
conspiracy or other threat, to the extent
the information is relevant to the
protection of life, health, or property.
Information may be similarly disclosed
to other recipients who share the same
interests as the target or who may be
able to assist in protecting against or
responding to the activity or conspiracy.
B. To appropriate officials and
employees of a federal agency for which
the Department is authorized to provide
a service, when disclosed in accordance
with an interagency agreement and
when necessary to accomplish an
agency function articulated in the
interagency agreement.
C. To any person(s) or appropriate
Federal, state, local, territorial, tribal, or
foreign law enforcement authority
authorized to assist in an approved
investigation of or relating to the
improper usage of DOJ information
technologies, DOJ information systems,
and/or DOJ networks.
D. To any criminal, civil, or regulatory
law enforcement authority (whether
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Federal, state, local, territorial, tribal, or
foreign) where the information is
relevant to the recipient entity’s law
enforcement responsibilities.
E. To a governmental entity lawfully
engaged in collecting law enforcement,
law enforcement intelligence, or
national security intelligence
information for such purposes.
F. To any person, 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.
G. 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.
H. 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.
I. 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.
J. To any person or entity that the
Department has reason to believe
possesses information regarding a
matter within the jurisdiction of the
Department, to the extent deemed to be
necessary by the Department in order to
elicit such information or cooperation
from the recipient for use in the
performance of an authorized activity.
K. 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.
L. 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.
M. To the news media and the public,
including disclosures pursuant to 28
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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.
N. To contractors, grantees, experts,
consultants, students, and others
performing or working on a contract,
service, grant, cooperative agreement,
interagency agreement, or other
assignment for the Federal government,
when necessary to accomplish an
agency function related to this system of
records.
O. 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.
P. 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.
Q. 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.
R. 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.
S. 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.
T. To appropriate agencies, entities,
and persons when: (1) The Department
suspects or has confirmed that the
security or confidentiality of
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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.
U. To another Federal agency or
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.
V. To any agency, organization, or
individual for the purpose of performing
authorized audit or oversight operations
of DOJ, and meeting related reporting
requirements.
W. 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 in this system of records are
stored on paper and/or in electronic
form. Records are stored securely in
accordance with applicable Executive
Orders, statutes, and agency
implementing recommendations.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are collected in real time
from all DOJ information technologies
and endpoints on the DOJ network and
aggregated in databases searchable by
identifying characteristics, including,
but not limited to, name, user ID, email
address, or IP address. Records may be
retrieved as part of routine network and
information system security monitoring,
cybersecurity incident response,
database activity monitoring, or in
support of other administrative or
security investigations in accordance
with appropriate laws, rules, and
policies.
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POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records of verification, authorization,
access, and other activities generated by
DOJ information technologies, DOJ
information systems, and/or DOJ
networks shall be retained in
accordance with applicable records
schedules, including but not limited to
General Records Schedule 3.1 and 3.2.
After the appropriate retention period,
records will be destroyed/deleted, in
accordance with appropriate media
sanitization procedures.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Information in this system is
safeguarded in accordance with
appropriate laws, rules, and policies,
including the Department’s automated
systems security and access policies.
Access to such information is limited to
Department personnel, contractors, and
other personnel who have an official
need for access in order to perform their
duties. Records are maintained in an
access-controlled area, with direct
access permitted to only authorized
personnel. Electronic records are
accessed only by authorized personnel
with accounts on the Department’s
network. Additionally, direct access to
certain information may be restricted
depending on a user’s role and
responsibility within the organization
and system. Paper records are
safeguarded in accordance with
appropriate laws, rules, and policies.
RECORD ACCESS PROCEDURES:
A request for access to a record from
this system of records must be
submitted in writing and comply with
28 CFR part 16, and should be sent by
mail to the Justice Management
Division, ATTN: FOIA Contact, Room
1111, Robert F. Kennedy Department of
Justice Building, 950 Pennsylvania
Avenue NW, Washington, DC 20530–
0001, or by email at JMDFOIA@
usdoj.gov. The envelope and letter
should be clearly marked ‘‘Privacy Act
Access 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 dated and either
notarized or submitted under penalty of
perjury. While no specific form is
required, requesters may obtain a form
(Form DOJ–361) for use in certification
of identity from the FOIA/Privacy Act
Mail Referral Unit, Justice Management
Division, United States Department of
Justice, 950 Pennsylvania Avenue NW,
Washington, DC 20530–0001, or from
the Department’s website at https://
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www.justice.gov/oip/forms/cert_ind.pdf.
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 may access any stored
records that are not exempt from the
access provisions. A determination
whether a record may be accessed will
be made at the time a request is
received.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or
amend information maintained in the
system should direct their requests to
the address indicated in the ‘‘RECORD
ACCESS PROCEDURES’’ section, above.
The envelope and letter should be
clearly marked ‘‘Privacy Act
Amendment Request.’’ The request must
comply with 28 CFR 16.46, and state
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
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 may seek
amendment of those records that are not
exempt. A determination whether a
record may be amended will be made at
the time a request is received.
NOTIFICATION PROCEDURES:
Individuals may be notified if a record
in this system of records pertains to
them when the individuals request
information utilizing the same
procedures as those identified in the
‘‘RECORD ACCESS PROCEDURES’’
paragraph, above.
lotter on DSK11XQN23PROD with NOTICES1
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Attorney General will promulgate
regulations exempting this system of
records from subsections (c)(3), (d),
(e)(1), (e)(4)(G), (H), and (I) and (f) of the
Privacy Act of 1974, as amended,
pursuant to 5 U.S.C. 552a(k)(1) and
(k)(2). These exemptions apply only to
the extent that information in the
system of records is subject to
exemption, pursuant to 5 U.S.C.
552a(k)(1) and (k)(2). The Department is
in the process of promulgating
regulations in accordance with the
requirements of 5 U.S.C. 553(b), (c), and
(e), that will be published in the Federal
Register.
HISTORY:
64 FR 73,585 (Dec. 30, 1999): First
published in full.
66 FR 8425 (Jan. 31, 2001): Modified
to add a new routine use.
VerDate Sep<11>2014
17:49 Jul 13, 2021
Jkt 253001
72 FR 3410 (Jan. 25, 2007): Modified
to add a new routine use.
82 FR 24147 (May 25, 2017):
Rescinded 72 FR 3410 (Jan. 25, 2007),
and modified to add new routine uses.
[FR Doc. 2021–14986 Filed 7–13–21; 8:45 am]
BILLING CODE 4410–NW–P
DEPARTMENT OF JUSTICE
[CPCLO Order No. 004–2020]
Privacy Act of 1974; Systems of
Records
Office of Legal Policy, United
States Department of Justice.
ACTION: Notice of a modified system of
records.
AGENCY:
Pursuant to the Privacy Act of
1974, as amended, and Office of
Management and Budget (OMB)
Circular No. A–108, notice is hereby
given that the Office of Legal Policy
(OLP), a component within the United
States Department of Justice (DOJ or
Department), proposes to modify its
System of Records Notice currently
titled ‘‘United States Judges Records
System,’’ JUSTICE/OLP–002. OLP
proposes to modify this system of
records notice as part of the
Department’s overall effort to update
DOJ leadership system of records
notices in light of organizational,
procedural, and technological changes
at the Department.
DATES: In accordance with 5 U.S.C.
552a(e)(4) and (11), the modifications to
this system of records will be effective
upon publication, subject to a 30-day
period in which to comment on the
modified routine uses, described below.
Please submit any comments by August
13, 2021.
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, Two Constitution Square
(2Con), 145 N Street NE, Suite 8W.300,
Washington, DC 20530; by facsimile at
202–307–0693; or by email at
privacy.compliance@usdoj.gov. To
ensure proper handling, please
reference the above CPCLO Order No.
on your correspondence.
FOR FURTHER INFORMATION CONTACT:
Matrina Matthews, Executive Officer,
Office of Legal Policy, U.S. Department
of Justice, 950 Pennsylvania Avenue
NW, Room 4234, Washington, DC
20530–0001; telephone: (202) 616–0040.
SUPPLEMENTARY INFORMATION: The
Assistant Attorney General, OLP, is
responsible for assisting the Attorney
SUMMARY:
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
General in, inter alia, advising and
assisting in the selection and
appointment of Federal judges. OLP is
comprised of attorneys and other DOJ
personnel responsible for assisting the
Assistant Attorney General, OLP, in
executing the responsibilities of the
office. The Department established the
system of records, ‘‘United States Judges
Records System,’’ JUSTICE/OLP–002, to
maintain records needed to assist the
Assistant Attorney General, OLP, and
the personnel within OLP, in assessing
candidates for potential nomination to
be a Federal judge and securing a
judicial nominee’s confirmation and
appointment. Since JUSTICE/OLP–002
was last published in full, 50 FR 30309
(July 25, 1985), OLP, and the
Department as a whole, have
undertaken a number of organizational,
procedural, and technological changes
that have modernized the information
and information system that are used to
collect, use, maintain, and disseminate
these records. The Department has
determined that updates to this system
of records notice are necessary to
describe the Department’s
organizational, procedural, and
technological changes.
Specifically, JUSTICE/OLP–002 is
being updated as follows: The system of
records is being renamed the ‘‘Judicial
Nominations Files’’; the system location
paragraph has been updated to account
for the location of both hard copies and
the Department’s data centers; the
authorities paragraph has been clarified
to include statutes outlining the role
and responsibilities of the Attorney
General, as delegated to the Assistant
Attorney General and OLP; the
categories-of-individuals paragraph has
been updated to include individuals
who were candidates for, nominated for,
or nominated and confirmed for,
Federal judgeships, excluding those
appointed to the United States Court of
Appeals for the Armed Forces, the
United States Court of Appeals for
Veterans Claims, the United States Tax
Court, and the United States Court of
Military Commission Review; the
categories-of-individuals paragraph has
also been updated to include
individuals who were candidates for,
nominated for, and/or confirmed to a
position on the U.S. Sentencing
Commission or related Executive
Branch positions; the categories-ofrecords paragraph has been clarified to
better articulate information that could
be maintained in an individual’s file;
the routine uses have been updated: (1)
To add or update routine uses that
appear in almost every DOJ system of
records notice that allow for disclosures
E:\FR\FM\14JYN1.SGM
14JYN1
Agencies
[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37188-37192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-14986]
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
[CPCLO Order No. 002-2021]
Privacy Act of 1974; Systems of Records
AGENCY: United States Department of Justice.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, 5 U.S.C. 552a, and Office
of Management and Budget (OMB) Circular No. A-108, notice is hereby
given that the Department of Justice (Department or DOJ), proposes to
modify an existing DOJ system of records previously titled,
``Department of Justice Computer Systems Activity and Access Records,''
JUSTICE/DOJ-002. The Department proposes to modify JUSTICE/DOJ-002 to
reflect changes in technology, including the increased ability of the
Department to link individuals to information technology, information
system, or network activity, and to better describe the Department's
records linking individuals to reported cybersecurity incidents or
their access to certain DOJ information technologies, information
systems, and networks through the internet or other authorized
connections.
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, described below. Please submit any
comments by August 13, 2021.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress are invited to submit any comments by mail to the Department
of Justice, ATTN: Privacy Analyst, Office of Privacy and Civil
Liberties, 145 N St. NE, Suite 8W.300, Washington, DC 20530, by
facsimile at 202-307-0693, or by email to [email protected].
FOR FURTHER INFORMATION CONTACT: Nickolous Ward, DOJ Chief Information
Security Officer, (202) 514-3101, 145 N Street NE, Washington, DC
20530.
SUPPLEMENTARY INFORMATION: In accordance with the Federal Information
Security Modernization Act of 2014, among other authorities, DOJ is
responsible for complying with information security policies and
procedures requiring information security protections commensurate with
the risk and magnitude of harm resulting from the unauthorized access,
use, disclosure, disruption, modification, or destruction of DOJ
information and information systems. See, e.g., 44 U.S.C. 3554 (2018).
Consistent with these requirements, DOJ must ensure that it maintains
accurate audit and activity records of the observable occurrences on
its information systems and networks (also referred to as ``events'')
that are significant and relevant to the security of DOJ information
and information systems. These audit and activity records may include,
but are not limited to, information that establishes what type of event
occurred, when the event occurred, where the event occurred, the source
of the event, the outcome of the event, and the identity of any
individuals or subjects associated with the event.
Additionally, monitored events--whether detected utilizing
information systems maintaining audit and activity records, reported to
the Department by information system users, or reported to the
Department by the cybersecurity research community and members of the
general public conducting good faith vulnerability discovery
activities--may constitute occurrences that (1) actually or imminently
jeopardize, without lawful authority, the integrity, confidentiality,
or availability of information or an information system; or (2)
constitute a violation or imminent threat of violation of law, security
policies, security procedures, or acceptable use policies. The
Department has developed a formal process to track and document these
reported ``incidents,'' which may, in limited circumstances, include
records of individuals reporting, or otherwise associated with, an
actual or suspected event or incident.
The system of records previously titled JUSTICE/DOJ-002, ``Computer
Systems Activity and Access Records,'' covers the Department's tracking
of all DOJ information technology, information system, and/or network
activity, including any access, whether authorized or unauthorized, by
users to any DOJ information technology, DOJ information systems, and/
or DOJ networks. These records assist Department information security
professionals in protecting DOJ data, ensuring the secure operation of
DOJ information systems, and tracking and documenting incidents
reported to the Department. JUSTICE/DOJ-002 was first published at 64
FR 73,585, on December 30, 1999, and later modified at 66 FR 8,425, on
January 31, 2001, and 82 FR 24,147, on May 25, 2017. The revisions to
this notice reflect advances in technology, such as the ability of
authorized users to connect to Department information systems through
the internet or other authorized network connections, as well as the
increased ability of the Department to link the identity of individuals
or subjects associated with an actual or suspected event or incident
for security and administrative purposes.
The Department proposes to modify JUSTICE/DOJ-002 by: Revising the
title of the system of records to, ``Department of Justice Information
Technology, Information System, and Network Activity and Access
Records;'' modifying and clarifying the location of the system's
records; clarifying the individuals covered by the system to include
any and all individuals who access Department information systems for
any reason and from any location; clarifying the way in which the
records maintained in this system of records are retrieved; expanding
the routine uses of records for disclosures that are functionally
equivalent to the purpose for which the DOJ information is collected,
or that are necessary and proper uses of the DOJ information, to
enhance the flexibility of JUSTICE/DOJ-002; and to notify the public
that the Department intends to claim certain Privacy Act exemptions,
promulgated elsewhere in the Federal Register. DOJ is republishing the
entire system of records notice for ease of reference to these changes.
In accordance with Privacy Act requirements of 5 U.S.C. 552a(r),
the Department has provided a report to OMB and to Congress on this
revised system of records.
[[Page 37189]]
Dated: July 1, 2021.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States
Department of Justice.
JUSTICE/DOJ-002
SYSTEM NAME AND NUMBER:
Department of Justice Information Technology, Information System,
and Network Activity and Access Records, JUSTICE/DOJ-002.
SECURITY CLASSIFICATION:
Unclassified, Controlled Unclassified Information, and Classified
records.
SYSTEM LOCATION:
Records will be maintained electronically at Department of Justice
offices, other sites utilized by the Department of Justice, and in
information technology, information systems, or networks owned,
operated by, or operated on behalf of the Department of Justice. Most
records will be maintained electronically at one or more of the
Department's Core Enterprise Facilities (CEF), including, but not
limited to: CEF East, Clarksburg, WV 26306; CEF West, Pocatello, ID
83201; or CEF-DC, Sterling, VA 20164. Records may also be maintained at
the individual information technology or end point of activity within
the DOJ network, and may be located locally on the physical information
technology or end point before being consolidated and stored for
analysis and investigation.
Records within this system of records may be transferred to a
Department-authorized cloud service provider, where records would be
limited to locations within the Continental United States. Access to
these electronic records includes all locations at which DOJ System
Managers operate or are supported, including but not limited to the
Robert F. Kennedy Department of Justice Building, 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 DOJ System Manager operations, system backup,
emergency preparedness, and/or continuity of operations. To determine
the location of particular records maintained in this system of
records, contact the system manager using the contact information
listed in the ``SYSTEM MANAGER(S)'' paragraph, below.
SYSTEM MANAGER(S):
DOJ Chief Information Security Officer, (202) 514-3101, 145 N
Street NE, Washington, DC 20530.
The Department has delegated to component-level Chief Information
Officers and Chief Information Security Officers, subject to the
oversight of the DOJ Chief Information Officer and/or DOJ Chief
Information Security Officer, certain responsibilities for maintaining
DOJ information technology, information system, and network activity
and access records. Processes and procedures detailed in this system of
records notice may be implemented by component-level Chief Information
Officers and/or Chief Information Security Officers, at the direction
of the DOJ Chief Information Officer and/or DOJ Chief Information
Security Officer. Correspondence and/or requests from individuals may
be referred to the appropriately delegated component-level Chief
Information Officer and/or Chief Information Security Officer.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Federal Information Security Modernization Act of 2014, 44
U.S.C. 3551 et seq.; Executive Order No. 13587, Structural Reforms to
Improve the Security of Classified Networks and the Responsible Sharing
and Safeguarding of Classified Information (2011); Executive Order No.
13800, Strengthening the Cybersecurity of Federal Networks and Critical
Infrastructure (2017); OMB Circular A-130, Managing Information as a
Strategic Resource (2016); OMB Memorandum M-17-12, Preparing for and
Responding to a Breach of Personally Identifiable Information (Jan. 3,
2017); OMB Memorandum M-20-32, Improving Vulnerability Identification,
Management, and Remediation (Sept. 2, 2020).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to ensure that the
Department can track information system access and implement
information security protections commensurate with the risk and
magnitude of harm that could result from the unauthorized access, use,
disclosure, disruption, modification, or destruction of DOJ information
and information systems. Records in this system of records are used by
system administrators and security personnel, or persons authorized to
assist these personnel, for the purpose of: Reviewing and analyzing DOJ
information and DOJ information system activity and access events for
indications of inappropriate, unusual, or abnormal activity; tracking,
documenting, and handling cybersecurity events and incidents; drafting,
reviewing, and revising DOJ audit and accountability policies;
supporting audit reviews, analyses, reporting requirements, and after-
the-fact investigations of events; planning and managing system
services; and otherwise performing their official duties. Authorized
DOJ personnel may use the records in this system for the purpose of
investigating improper access or other improper activity related to
information system access; initiating disciplinary or other such
action; or, where the record(s) may appear to indicate a violation or
potential violation of the law, referring such record(s) to the
appropriate investigative arm of DOJ, or other law enforcement agency
for investigation.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered by this system encompass all
individuals who are provided DOJ information technology, access DOJ
information systems, or transmit information across the DOJ network.
This includes: Individuals who use authorized DOJ information
technology, information systems, and/or networks to send or receive DOJ
information or DOJ-related communications, access internet sites, or
access any DOJ information technologies, information systems, or DOJ
information; individuals from outside DOJ who communicate
electronically with DOJ users, DOJ information technologies, DOJ
information systems, and/or DOJ networks; individuals reporting,
tracking, documenting and/or otherwise associated with cybersecurity
incident and/or event activities; and any individuals who attempt to
access DOJ information technologies, DOJ information systems, and/or
DOJ networks, with or without authorization.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system of records may include:
A. Access and activity logs that establish the types of events that
occurred on an information system; when the events occurred; where the
events occurred; the source of the events; the outcome of the events;
and the identity of any individuals or subjects associated with the
events. Such information includes, but is not limited to: Time stamps
recording the data and time of access or activity; source and
destination addresses; user, device, and process identifiers, including
internet Protocol (IP) address, Media Access Control (MAC) address, and
event descriptions; success/fail indications; filenames involved; full
text recording of privileged commands; and/or access control or flow
control rules
[[Page 37190]]
invoked. Such information may be collected and aggregated by the
operating system or application software locally within an information
technology, information system, or network.
B. Information relating to any individuals accessing DOJ
information, DOJ information technologies, DOJ information systems, or
DOJ networks, including but not limited to: Records contained within
JUSTICE/DOJ-020 DOJ Identity, Credential, and Access Service Records
System, 84 FR 60110 (Nov. 7, 2019); user names; persistent identifiers
(such as a User ID); contact information, such as title, office,
component, and agency; and the authorization of an individual's access
to systems, files, or applications, such as signed consent forms or
Rules of Behavior forms, or access authentication information
(including but not limited to passwords, challenge questions/answers
used to confirm/validate a user's identity, and other authentication
factors).
C. Records on the use of electronic mail, instant messaging, other
chat services, electronic call detail information (including name,
originating/receiving numbers, duration, and date/time of call), and
electronic voicemail.
D. Records of internet access from any information technology
connected to a DOJ information system, on a DOJ network, or through
authorized connections to DOJ networks and DOJ information systems,
including the IP address of the information technology being used to
initiate the internet connection and the information accessed.
E. Audit reviews, analyses, and reporting, including but not
limited to, audits that result from monitoring of account usage, remote
access, wireless connectivity, mobile device connection, configuration
settings, system component inventory, physical access, and
communications at the information system boundaries.
F. Actual or suspected incident or event report information,
including but not limited to: Information related to individuals
reporting, tracking, documenting and/or otherwise associated with a
cybersecurity incident and/or event; information related to reporting,
tracking, investigating, and/or addressing an incident or event (e.g.,
data/time of the incident or event; location of incident or event; type
of incident or event; storage medium information; safeguard
information; external/internal entity report tracking; data elements
associated with the incident or event; information on individuals
impacted; information on information system(s) impacted; remediation,
response, or notification actions; lessons learned; risk of harm and
compliance assessments); and information related to discovering,
testing, reporting, tracking, investigating, and/or addressing a
security vulnerability or indicator of a security vulnerability.
RECORD SOURCE CATEGORIES:
Records covered by this system of records are generated internally
(i.e., information technology, information system, and/or network
activity logs) regardless of the location from which an individual
accesses DOJ information or DOJ information systems, manually sourced
from DOJ personnel, or sourced directly from the individual on whom the
record pertains.
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) of the Privacy Act, all or a portion of the records or
information contained in this system of records may be disclosed
outside the Department 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 an organization or individual in both the public or private
sector where there is reason to believe the recipient is or could
become the target of a particular criminal activity or conspiracy or
other threat, to the extent the information is relevant to the
protection of life, health, or property. Information may be similarly
disclosed to other recipients who share the same interests as the
target or who may be able to assist in protecting against or responding
to the activity or conspiracy.
B. To appropriate officials and employees of a federal agency for
which the Department is authorized to provide a service, when disclosed
in accordance with an interagency agreement and when necessary to
accomplish an agency function articulated in the interagency agreement.
C. To any person(s) or appropriate Federal, state, local,
territorial, tribal, or foreign law enforcement authority authorized to
assist in an approved investigation of or relating to the improper
usage of DOJ information technologies, DOJ information systems, and/or
DOJ networks.
D. 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.
E. To a governmental entity lawfully engaged in collecting law
enforcement, law enforcement intelligence, or national security
intelligence information for such purposes.
F. To any person, 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.
G. 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.
H. 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.
I. 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.
J. To any person or entity that the Department has reason to
believe possesses information regarding a matter within the
jurisdiction of the Department, to the extent deemed to be necessary by
the Department in order to elicit such information or cooperation from
the recipient for use in the performance of an authorized activity.
K. 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.
L. 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.
M. To the news media and the public, including disclosures pursuant
to 28
[[Page 37191]]
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.
N. To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, interagency agreement, or other assignment for the Federal
government, when necessary to accomplish an agency function related to
this system of records.
O. 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.
P. 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.
Q. 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.
R. 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.
S. 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.
T. 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.
U. To another Federal agency or 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.
V. To any agency, organization, or individual for the purpose of
performing authorized audit or oversight operations of DOJ, and meeting
related reporting requirements.
W. 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 in this system of records are stored on paper and/or in
electronic form. Records are stored securely in accordance with
applicable Executive Orders, statutes, and agency implementing
recommendations.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are collected in real time from all DOJ information
technologies and endpoints on the DOJ network and aggregated in
databases searchable by identifying characteristics, including, but not
limited to, name, user ID, email address, or IP address. Records may be
retrieved as part of routine network and information system security
monitoring, cybersecurity incident response, database activity
monitoring, or in support of other administrative or security
investigations in accordance with appropriate laws, rules, and
policies.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records of verification, authorization, access, and other
activities generated by DOJ information technologies, DOJ information
systems, and/or DOJ networks shall be retained in accordance with
applicable records schedules, including but not limited to General
Records Schedule 3.1 and 3.2. After the appropriate retention period,
records will be destroyed/deleted, in accordance with appropriate media
sanitization procedures.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is safeguarded in accordance with
appropriate laws, rules, and policies, including the Department's
automated systems security and access policies. Access to such
information is limited to Department personnel, contractors, and other
personnel who have an official need for access in order to perform
their duties. Records are maintained in an access-controlled area, with
direct access permitted to only authorized personnel. Electronic
records are accessed only by authorized personnel with accounts on the
Department's network. Additionally, direct access to certain
information may be restricted depending on a user's role and
responsibility within the organization and system. Paper records are
safeguarded in accordance with appropriate laws, rules, and policies.
RECORD ACCESS PROCEDURES:
A request for access to a record from this system of records must
be submitted in writing and comply with 28 CFR part 16, and should be
sent by mail to the Justice Management Division, ATTN: FOIA Contact,
Room 1111, Robert F. Kennedy Department of Justice Building, 950
Pennsylvania Avenue NW, Washington, DC 20530-0001, or by email at
[email protected]. The envelope and letter should be clearly marked
``Privacy Act Access 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 dated and either notarized or submitted under
penalty of perjury. While no specific form is required, requesters may
obtain a form (Form DOJ-361) for use in certification of identity from
the FOIA/Privacy Act Mail Referral Unit, Justice Management Division,
United States Department of Justice, 950 Pennsylvania Avenue NW,
Washington, DC 20530-0001, or from the Department's website at https://
[[Page 37192]]
www.justice.gov/oip/forms/cert_ind.pdf. 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 may access any stored records that are not
exempt from the access provisions. A determination whether a record may
be accessed will be made at the time a request is received.
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend information maintained in
the system should direct their requests to the address indicated in the
``RECORD ACCESS PROCEDURES'' section, above. The envelope and letter
should be clearly marked ``Privacy Act Amendment Request.'' The request
must comply with 28 CFR 16.46, and state 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 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 may seek amendment of those records
that are not exempt. A determination whether a record may be amended
will be made at the time a request is received.
NOTIFICATION PROCEDURES:
Individuals may be notified if a record in this system of records
pertains to them when the individuals request information utilizing the
same procedures as those identified in the ``RECORD ACCESS PROCEDURES''
paragraph, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Attorney General will promulgate regulations exempting this
system of records from subsections (c)(3), (d), (e)(1), (e)(4)(G), (H),
and (I) and (f) of the Privacy Act of 1974, as amended, pursuant to 5
U.S.C. 552a(k)(1) and (k)(2). These exemptions apply only to the extent
that information in the system of records is subject to exemption,
pursuant to 5 U.S.C. 552a(k)(1) and (k)(2). The Department is in the
process of promulgating regulations in accordance with the requirements
of 5 U.S.C. 553(b), (c), and (e), that will be published in the Federal
Register.
HISTORY:
64 FR 73,585 (Dec. 30, 1999): First published in full.
66 FR 8425 (Jan. 31, 2001): Modified to add a new routine use.
72 FR 3410 (Jan. 25, 2007): Modified to add a new routine use.
82 FR 24147 (May 25, 2017): Rescinded 72 FR 3410 (Jan. 25, 2007),
and modified to add new routine uses.
[FR Doc. 2021-14986 Filed 7-13-21; 8:45 am]
BILLING CODE 4410-NW-P