Privacy Act of 1974; Systems of Records, 37188-37192 [2021-14986]

Download as PDF 37188 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices (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31, 2001); Added one routine use; 72 FR 3410 (Jan. 25, 2007): Added one routine use; and 82 FR 24147 (May 25, 2017): Rescinded 72 FR 3410, and added two routine uses.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 lotter on DSK11XQN23PROD with NOTICES1 DATES: VerDate Sep<11>2014 17:49 Jul 13, 2021 Jkt 253001 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: PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 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. E:\FR\FM\14JYN1.SGM 14JYN1 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices 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. lotter on DSK11XQN23PROD with NOTICES1 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. VerDate Sep<11>2014 17:49 Jul 13, 2021 Jkt 253001 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, PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 37189 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 E:\FR\FM\14JYN1.SGM 14JYN1 lotter on DSK11XQN23PROD with NOTICES1 37190 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices 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 VerDate Sep<11>2014 17:49 Jul 13, 2021 Jkt 253001 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 PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 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 E:\FR\FM\14JYN1.SGM 14JYN1 lotter on DSK11XQN23PROD with NOTICES1 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices 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 VerDate Sep<11>2014 17:49 Jul 13, 2021 Jkt 253001 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. PO 00000 Frm 00078 Fmt 4703 Sfmt 4703 37191 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:// E:\FR\FM\14JYN1.SGM 14JYN1 37192 Federal Register / Vol. 86, No. 132 / Wednesday, July 14, 2021 / Notices 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]


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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.

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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


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