Notice2021-14994
Privacy Act of 1974; Systems of Records
Primary source
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Published
July 14, 2021
Issuing agencies
Justice Department
Abstract
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 titled "General Files System of the Office of Legal Policy," JUSTICE/OLP-003. OLP proposes to modify this system of records notice as part of the Department's overall effort to update leadership system of records notices in light of organizational, procedural, and technological changes at the Department.
Full Text
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<title>Federal Register, Volume 86 Issue 132 (Wednesday, July 14, 2021)</title>
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[Federal Register Volume 86, Number 132 (Wednesday, July 14, 2021)]
[Notices]
[Pages 37184-37188]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-14994]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 006-2020]
Privacy Act of 1974; Systems of Records
AGENCY: Office of Legal Policy, 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, 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 titled ``General Files System of the
Office of Legal Policy,'' JUSTICE/OLP-003. OLP proposes to modify this
system of records notice as part of the Department's overall effort to
update 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
[[Page 37185]]
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 <a href="/cdn-cgi/l/email-protection#a7d7d5ced1c6c4de89c4c8cad7cbcec6c9c4c2e7d2d4c3c8cd89c0c8d1"><span class="__cf_email__" data-cfemail="6717150e1106041e4904080a170b0e0609040227121403080d49000811">[email protected]</span></a>.
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: OLP is principally responsible for planning,
developing, and coordinating the implementation of major policy
initiatives of high priority to the Department and to the
Administration. In addition, the Assistant Attorney General, OLP,
consistent with 28 CFR 0.23, is responsible for: Examining and studying
legislation and other policy proposals and coordinating Departmental
efforts to secure enactment of those of special interest to the
Department and the Administration; advising and assisting the Attorney
General and the Deputy Attorney General regarding the selection and
appointment of Federal judges; representing the Department on the
Administrative Conference of the United States and, as appropriate, on
regulatory reform matters; advising appropriate Departmental officials,
from time to time, on investigation, litigation, negotiation, penal, or
correctional policies to ensure the compatibility of those policies
with overall Departmental goals; and performing such other duties and
functions as may be specially assigned by the Attorney General and the
Deputy Attorney General.
The Department established the system of records, ``General Files
System of the Office of Legal Policy,'' JUSTICE/OLP-003, to assist the
Assistant Attorney General, OLP, and the personnel within OLP in
carrying out the responsibilities of the Office. Since JUSTICE/OLP-003
was last published in full, 50 FR 37299 (Sept. 12, 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.
Specifically, JUSTICE/OLP-003 is being updated as follows: 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 Assistant Attorney General and OLP, as
delegated by the Attorney General; the routine uses have been updated
to include additional routine uses that appear in almost every DOJ
system of records notice, which allow for disclosures that are
functionally equivalent to the purpose for which the DOJ information is
collected, or are necessary and proper uses of the DOJ information (for
example, disclosures to NARA, disclosure to identify and mitigate
actual or suspected breaches, and disclosures to the public or news
media, when appropriate); the records-storage paragraph has been
updated to include the electronic storage of records; the paragraph
detailing the policies and practices for the retrieval of records in
the system has been updated to account for the electronic storage of
records; the records-retention paragraph has been updated to include
the appropriate records control schedules; the access, amendment, and
notification procedures have been clarified to detail the process for
requesting access to, amendment of, or notification of, records within
this system of records not otherwise exempt from such requests; and a
history paragraph has been added. The Department has not amended the
Privacy Act exemptions already claimed for this system of records, so
that paragraph remains unchanged. The Department has published this
system of records in its entirety for the benefit of the public.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report to OMB and Congress on this new system of records.
Dated: July 1, 2021.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States
Department of Justice.
JUSTICE/OLP-003
SYSTEM NAME AND NUMBER:
General Files System of the Office of Legal Policy, JUSTICE/OLP-
003.
SECURITY CLASSIFICATION:
Classified and Controlled Unclassified Information.
SYSTEM LOCATION:
Hard-copy records will be maintained at OLP, Robert F. Kennedy
Department of Justice Building, 950 Pennsylvania Avenue NW, Washington,
DC 20530-0001.
Electronic records will be maintained at one or more of the
Department's data centers, including, but not limited to, the Justice
Data Center, Rockville, MD 20854, and/or at one or more of the
Department's Core Enterprise Facilities (CEF), including, but not
limited to, the Department's CEF East, Clarksburg, WV 26306, or CEF
West, Pocatello, ID 83201. Records within this system of records may be
transferred to a Department-authorized cloud service provider, in which
records would be limited to locations within the continental United
States. Access to these electronic records includes all locations at
which OLP operates or at which OLP operations are supported, including
the Robert F. Kennedy Department of Justice Building. Some or all
system information may also be duplicated at other locations where the
Department has granted direct access to support OLP operations, system
backup, emergency preparedness, and/or continuity of operations.
To determine the location of particular OLP records, contact the
system manager, whose contact information is listed in the ``SYSTEM
MANAGER(S)'' paragraph, below.
SYSTEM MANAGER(S):
Assistant Attorney General, Office of Legal Policy, 950
Pennsylvania Avenue NW, Washington, DC 20530-0001; phone: 202-514-4601;
general inquiries to the Department can be submitted online at: <a href="https://www.justice.gov/contact-us">https://www.justice.gov/contact-us</a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
These records are maintained pursuant to 28 U.S.C. ch. 31; 5 U.S.C.
301; and 28 CFR part 0, subpart D-2.
PURPOSE(S) OF THE SYSTEM:
This system is maintained for the purpose of assisting the
Assistant Attorney General, OLP, in carrying out OLP's
responsibilities. OLP is principally responsible for planning,
developing, and coordinating the implementation of major policy
initiatives of high priority to the Department and to the
Administration. In addition, the Assistant Attorney General, OLP,
consistent with 28 CFR 0.23: Examines and studies legislation and other
policy proposals and coordinates Departmental efforts to secure
enactment of those of special interest to the Department and the
Administration; advises and assists the Attorney General and the Deputy
Attorney General regarding the selection and appointment of Federal
judges; represents the Department on the Administrative Conference of
the United States and, as appropriate, on regulatory reform matters;
advises appropriate Departmental officials, from
[[Page 37186]]
time to time, on investigation, litigation, negotiation, penal, or
correctional policies to ensure the compatibility of those policies
with overall Departmental goals; and performs such other duties and
functions as may be specially assigned by the Attorney General and the
Deputy Attorney General.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system may encompass individuals who are involved with official
Federal investigations, policy decisions, and administrative matters of
significance. Such individuals include, but are not limited to,
subjects of litigation, targets of investigations, Members and staff
members of Congress, government officials, and individuals of national
prominence or notoriety. The system also encompasses individuals who
were candidates for Federal judgeships but who were never nominated,
individuals who were nominated for Federal judgeships but who were
never confirmed, and individuals who were 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 Assistant
Attorney General, OLP, maintains records indexed to the name of the
individual.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records may include case files, litigation materials, exhibits,
internal memoranda and reports, or other records on a given subject or
individual. Records vary in number and kind according to the breadth of
the responsibilities assigned to the Assistant Attorney General, OLP.
Records include those of such significance that the Assistant Attorney
General, OLP, has policy or administrative interest, and may include
those which pertain to investigative or law enforcement cases for which
the Assistant Attorney General, OLP, is asked to provide an analysis
and establish future policy direction. A computerized index containing
the subject title and/or individual's name is also maintained.
RECORD SOURCE CATEGORIES:
Sources of information contained in this system not otherwise
exempt include individuals; organizations; State, local, and foreign
government agencies as appropriate; the executive and legislative
branches of the Federal Government; relevant third parties, and other
Department and OLP systems of records, including but not limited to,
JUSTICE/OLP-002, Judicial Nominations Files.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b), all or a portion of the records or information contained in
this system of records may be disclosed as a routine use pursuant to 5
U.S.C. 552a(b)(3) under the circumstances or for the purposes described
below, to the extent such disclosures are compatible with the purposes
for which the information was collected:
(A) 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.
(B) 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.
(C) To any person or entity that OLP has reason to believe
possesses information regarding a matter within the jurisdiction of
OLP, to the extent deemed to be necessary by OLP in order to elicit
such information or cooperation from the recipient for use in the
performance of an authorized activity.
(D) In an appropriate proceeding before a court, grand jury, or
administrative or adjudicative body, when the Department of Justice
determines that the records are 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.
(E) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
of such matters as settlement, plea bargaining, or informal discovery
proceedings.
(F) To the news media and the public, including disclosures
pursuant to 28 CFR 50.2, unless it is determined that release of the
specific information in the context of a particular case would
constitute an unwarranted invasion of personal privacy.
(G) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, interagency agreements, or other assignment for the Federal
Government, when necessary to accomplish an agency function related to
this system of records.
(H) To a former employee of the Department for the purpose 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.
(I) To Federal, State, local, territorial, tribal, foreign, or
international licensing agencies or associations that require
information concerning the suitability or eligibility of an individual
for a license or permit.
(J) To a Member of Congress, or staff acting upon the Member's
behalf, when the Member or staff requests the information for
investigative or policy decision-making purposes, or on behalf of, or
at the request of, the individual who is the subject of the record.
(K) 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.
(L) To appropriate agencies, entities, and persons when: (1) The
Department suspects or has confirmed that there has been a breach of
the system of records; (2) the Department has determined that, as a
result of the suspected or confirmed breach, there is a risk of harm to
individuals, the Department (including its information systems,
programs, and operations), the Federal Government, or national
security; and (3) the disclosure made to such agencies, entities, and
persons is reasonably necessary to assist in connection with the
Department's efforts to respond to the suspected or confirmed breach or
to prevent, minimize, or remedy such harm.
(M) To another Federal agency or Federal entity, when the
Department determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach; or (2) preventing,
minimizing, or remedying
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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.
(N) To any agency, organization, or individual for the purpose of
performing authorized audit or oversight operations of OLP and meeting
related reporting requirements.
(O) To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
(P) To any criminal, civil, or regulatory law enforcement authority
(whether Federal, State, local, territorial, tribal, foreign, or
international) where the information is relevant to the recipient
entity's law enforcement responsibilities.
(Q) To a governmental entity lawfully engaged in collecting law
enforcement, law enforcement intelligence, or national security
intelligence information for such purposes.
(R) 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 threat.
(S) To any person or entity if deemed by OLP to be necessary in
order to elicit information or cooperation from the recipient for use
by OLP in the performance of an authorized law enforcement activity.
(T) To officials and employees of the White House, and during
Presidential transitions, the President-elect and Vice President-elect
and their designees, or any Federal agency which requires information
relevant to an agency concerning the hiring, appointment, or retention
of an employee, the issuance of a security clearance, the conducting of
a security or suitability investigation, the classifying of a job, or
the issuance of a grant or benefit.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system may be stored in electronic form, stored in
paper folders, and/or stored on magnetic disks, hard disks, removable
storage devices, or other electronic media. Electronic records are
stored in databases and/or on hard disks, removable storage devices, or
other electronic media. Records are stored securely in accordance with
applicable executive orders, statutes, and agency implementing
recommendations.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved manually by personal identifier (e.g., name
of the individual, registration number, employee identification number,
etc.); subject title; or in some cases, by other identifying search
terms.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with guidelines
approved by the National Archives and Records Administration (DAA-006-
2013-0005 (pending), DAA-0060-2012-0009, and DAA-006-2016-0006
(pending)).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is maintained in accordance with
applicable laws, rules, and policies on protecting individual privacy.
The servers storing electronic data and the backup tapes stored onsite
are located in locked rooms with access limited to authorized agency
personnel. Backup tapes stored offsite are maintained in accordance
with a government contract that requires adherence to applicable laws,
rules, and policies on protecting individual privacy. Internet
connections are protected by multiple firewalls. Security personnel
conduct periodic vulnerability scans using DOJ-approved software to
ensure security compliance, and security logs are enabled for all
computers to assist in troubleshooting and forensics analysis during
incident investigations. Users of individual computers can only gain
access to the data with a valid user identification and password.
RECORD ACCESS PROCEDURES:
All requests for access to records must be in writing and should be
addressed to the Chief, Initial Request Staff, Office of Information
Policy, 1425 New York Avenue NW, Suite 11050, Washington, DC 20530-
0001. Requests may also be made online at <a href="https://www.justice.gov/oip/submit-and-track-request-or-appeal">https://www.justice.gov/oip/submit-and-track-request-or-appeal</a>. The envelope, letter, and/or
subject line should be clearly marked ``Privacy Act Access Request.''
The request must describe the records sought in sufficient detail to
enable Department personnel to locate them with a reasonable amount of
effort in accordance with 28 CFR 16.41(d). The request must include a
general description of the records sought and must include the
requester's full name, current address, and, when necessary to identify
records, date and place of birth. The request must be signed and either
notarized or submitted under penalty of perjury. Some information may
be exempt from the access provisions as described in the ``EXEMPTIONS
PROMULGATED FOR THE SYSTEM'' paragraph, below. An individual who is the
subject of a record in this system of records may request access to
those records that are not exempt from access. A determination of
whether a record may be accessed will be made at the time a request is
received.
Although no specific form is required to submit a request, you may
obtain forms for this purpose from the FOIA/Privacy Act Mail Referral
Unit, United States Department of Justice, 950 Pennsylvania Avenue NW,
Washington, DC 20530, or on the Department of Justice website at
<a href="https://www.justice.gov/oip/make-foia-request-doj">https://www.justice.gov/oip/make-foia-request-doj</a>.
More information regarding the Department's procedures for
accessing records in accordance with the Privacy Act can be found at 28
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual
Records Under the Privacy Act of 1974.''
CONTESTING RECORD PROCEDURES:
Individuals seeking to contest or amend records maintained in this
system of records must direct their requests to the address indicated
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to
contest or amend records must be in writing, and the envelope, letter,
and/or subject line should be clearly marked ``Privacy Act Amendment
Request.'' All requests must state clearly and concisely what record is
being contested, the reason(s) for contesting it, and the proposed
amendment to the record. Some information may be exempt from the
amendment provisions as described in the ``EXEMPTIONS PROMULGATED FOR
THE SYSTEM'' paragraph, below. An individual who is the subject of a
record in this system of records may request to contest or amend those
records that are not exempt. A determination of whether a record is
exempt from the amendment provisions will be made after a request is
received.
More information regarding the Department's procedures for amending
or contesting records in accordance with the Privacy Act can be found
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''
NOTIFICATION PROCEDURES:
Individuals may request to be notified if a record in this system
of records pertains to them by utilizing the same procedures identified
in the ``RECORD ACCESS PROCEDURES'' paragraph, above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Attorney General has exempted this system from subsections
(c)(3) and
[[Page 37188]]
(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
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