Notice2023-26073
Privacy Act of 1974; Systems of Records
Primary source
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Published
December 1, 2023
Issuing agencies
Justice Department
Abstract
Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the United States Department of Justice (DOJ or Department) proposes to develop a new system of records titled National Law Enforcement Accountability Database, JUSTICE/DOJ-022. The Department proposes to establish this system of records to promote new and strengthened practices in the hiring, promotion, and retention of law enforcement officers. On May 25, 2022, the President issued an Executive Order, Advancing Effective, Accountable Policing and Criminal Justice Paractices to Enhance Public Trust and Public Safety (the "Executive Order"). Section 5 of the Executive Order directs the Attorney General to establish a National Law Enforcement Accountability Database (the "NLEAD") documenting instances of law enforcement officer misconduct, commendations, and awards. The Attorney General shall also ensure that the NLEAD is consistent with all applicable laws, including the Privacy Act, and respects appropriate due process protections for law enforcement officers.
Full Text
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<title>Federal Register, Volume 88 Issue 230 (Friday, December 1, 2023)</title>
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[Federal Register Volume 88, Number 230 (Friday, December 1, 2023)]
[Notices]
[Pages 83966-83969]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-26073]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 005-2023]
Privacy Act of 1974; Systems of Records
AGENCY: Department of Justice.
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management
and Budget (OMB) Circular No. A-108, notice is hereby given that the
United States Department of Justice (DOJ or Department) proposes to
develop a new system of records titled National Law Enforcement
Accountability Database, JUSTICE/DOJ-022. The Department proposes to
establish this system of records to promote new and strengthened
practices in the hiring, promotion, and retention of law enforcement
officers. On May 25, 2022, the President issued an Executive Order,
Advancing Effective, Accountable Policing and Criminal Justice
Paractices to Enhance Public Trust and Public Safety (the ``Executive
Order''). Section 5 of the Executive Order directs the Attorney General
to establish a National Law Enforcement Accountability Database (the
``NLEAD'') documenting instances of law enforcement officer misconduct,
commendations, and awards. The Attorney General shall also ensure that
the NLEAD is consistent with all applicable laws, including the Privacy
Act, and respects appropriate due process protections for law
enforcement officers.
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
submit comments. Please submit any comments by January 2, 2024.
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, 145 N St. NE, Suite 8W-300, Washington, DC 20530; by facsimile
at 202-307-0693; or by email at <a href="/cdn-cgi/l/email-protection#51212338273032287f323e3c213d38303f3234112422353e3b7f363e27"><span class="__cf_email__" data-cfemail="9eeeecf7e8fffde7b0fdf1f3eef2f7fff0fdfbdeebedfaf1f4b0f9f1e8">[email protected]</span></a>. To ensure
proper handling, please reference the above CPCLO Order No. on your
correspondence.
FOR FURTHER INFORMATION CONTACT: Brian Merrick, Deputy Director,
Service Delivery Staff, United States Department of Justice, Justice
Management Division, Two Constitution Square, 145 N St. NE, Suite 4W-
202, Washington, DC 20530; <a href="/cdn-cgi/l/email-protection#c082b2a9a1aeee8da5b2b2a9a3ab80b5b3a4afaaeea7afb6"><span class="__cf_email__" data-cfemail="edaf9f848c83c3a0889f9f848e86ad989e898287c38a829b">[email protected]</span></a>, 202-514-0070.
SUPPLEMENTARY INFORMATION: In Executive Order 14074, the President
declared a policy that strives to ``strengthen public safety and the
bonds of trust between law enforcement and the community and build a
criminal justice system that respects the dignity and equality of all
in America.'' As explained in the Executive Order, one of the many ways
to advance that policy is to ``commit to new practices in law
enforcement recruitment, hiring, promotion, and retention, as well as
training, oversight, and accountability.'' In furtherance of these
goals, Section 5 of the Executive Order directs the Attorney General to
establish the NLEAD for official records documenting law enforcement
officer misconduct, commendations, and awards. Section 5 provides that
the NLEAD include, to the maximum extent permitted by law, the
following categories of records documenting: criminal convictions;
suspension of a law enforcement officer's enforcement authorities, such
as de-certification; terminations; civil judgments related to official
duties, including amounts if publicly available; resignations or
retirements while under investigation for serious misconduct;
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and sustained complaints or records of disciplinary action based on
findings of serious misconduct. The NLEAD shall also include official
records documenting officer commendations and awards, as the Attorney
General deems appropriate.
Pursuant to Section 5(e) of the Executive Order, the NLEAD shall be
used, as appropriate and consistent with applicable law, in the hiring,
job assignment, and promotion of Federal law enforcement officers, as
well as in the screening of State, Tribal, local, and territorial law
enforcement officers who participate in programs or activities
controlled by Federal law enforcement agencies, such as joint task
forces or international training and technical assistance programs,
including programs managed by the Department of State and the DOJ.
State, Tribal, local, and territorial law enforcement agencies are
encouraged to contribute to and use the NLEAD in a manner consistent
with applicable law.
The Department proposes to establish the NLEAD system of records to
fulfill the mandate of the Executive Order and facilitate new and
strengthened hiring practices while protecting the safety, privacy, and
due process rights of law enforcement officers who may be identified in
the NLEAD.
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: November 20, 2023.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States
Department of Justice.
JUSTICE/DOJ-022
SYSTEM NAME AND NUMBER:
National Law Enforcement Accountability Database, JUSTICE/DOJ-022.
SECURITY CLASSIFICATION:
Controlled unclassified information.
SYSTEM LOCATION:
Records will be maintained by a Department-authorized cloud service
provider and the records will be required to be maintained within the
Continental United States. Records can be accessed from all locations
at which DOJ System Managers operate or are supported, including the
Two Constitution Square building, 145 N Street NE, Washington, DC
20530.
Some or all system information may 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. For more specific information about the
location of 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 Officer, (202) 514-3101, 145 N Street NE,
Washington, DC 20530.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 3301; Executive Order 13764, Amending the Civil Service
Rules, Executive Order 13488, and Executive Order 13467 To Modernize
the Executive Branch-Wide Governance Structure and Processes for
Security Clearances, Suitability and Fitness for Employment, and
Credentialing, and Related Matters; and Executive Order 14074,
Advancing Effective, Accountable Policing and Criminal Justice
Practices to Enhance Public Trust and Public Safety.
PURPOSE(S) OF THE SYSTEM:
Records in this system will be used by Federal law enforcement
agencies to assess the loyalty, trustworthiness, suitability, and/or
eligibility of an individual for hiring, job assignment, or promotion
as a law enforcement officer, as well as the screening of State,
Tribal, local and territorial law enforcement officers who participate
in programs or activities over which Federal agencies exercise control,
such as joint task forces or international training and technical
assistance programs.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former law enforcement officers, including but not
limited to full and part-time employees, detailees, and task force
personnel.
CATEGORIES OF RECORDS IN THE SYSTEM:
Identifying information regarding the law enforcement officers in
the Categories of Individuals above, including records, or indications
of the existence of records, relating to: (i) criminal convictions;
(ii) suspension of a law enforcement officer's enforcement authorities,
such as de-certification; (iii) terminations; (iv) civil judgments,
including amounts (if publicly available), related to official duties;
(v) resignations or retirement while under investigation for serious
misconduct; (vi) sustained complaints or records of disciplinary action
based on findings of serious misconduct; and (vii) commendations and
awards.
RECORD SOURCE CATEGORIES:
Sources of information contained in this system are individuals and
entities at law enforcement agencies and the individuals listed in the
Categories of Individuals above.
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) Designated officers and employees of agencies, offices, and
other establishments in the executive, legislative, and judicial
branches of the Federal Government, in connection with the hiring or
continued employment of an employee or contractor, the conduct of a
suitability or security investigation of an employee or contractor, or
the grant, renewal, suspension, or revocation of a security clearance,
to the extent that the information is relevant and necessary to the
hiring agency's decision.
(b) Designated officers and employees of State or local (including
the District of Columbia) 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, to the extent
that the information is relevant and necessary to the recipient
agency's decision.
(c) Federal, State, local, or private entities where appropriate
for purposes of certification of security clearances of participants in
training, conferences, meetings, facility visits, and similar
activities.
(d) To an organization or individual in 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.
(e) To appropriate officials and employees of a Federal agency for
which the Department is authorized to
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provide a service, when disclosed in accordance with an interagency
agreement and when necessary to accomplish an agency function
articulated in the interagency agreement.
(f) To any person(s) or appropriate Federal, State, Tribal, local,
territorial, or foreign law enforcement authority authorized to assist
in an approved investigation of or relating to the improper usage of
DOJ information technologies, information systems, and/or networks.
(g) To any criminal, civil, or regulatory law enforcement authority
(whether Federal, State, Tribal, local, territorial, or foreign) where
the information is relevant to the recipient entity's law enforcement
responsibilities.
(h) To a governmental entity lawfully engaged in collecting law
enforcement, law enforcement intelligence, or national security
intelligence information for such purposes.
(i) 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.
(j) 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.
(k) 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.
(l) 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 to elicit such information or cooperation from the
recipient for use in the performance of an authorized activity.
(m) 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.
(n) 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.
(o) 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.
(p) 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.
(q) To a former employee of the Department for purposes of:
responding to an official inquiry by a Federal, State, or local
governmental 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 the Department,
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 are maintained in electronic storage media, in accordance
with the safeguards mentioned below.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Data is retrieved by searching an individual's name, date of birth,
and/or social security number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The Department is working with the National Archives and Records
Administration to create a records retention and disposal schedule for
records in the NLEAD.
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 and Interconnection
Security Agreements (ISAs) with Federal agency subscribers. 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
[[Page 83969]]
and system. Any electronic data that contains personally identifiable
information will be encrypted in accordance with applicable National
Institute of Standards and Technology standards when transferred
between the Department and the subscriber agency.
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
<a href="/cdn-cgi/l/email-protection#014b4c45474e4840417472656e6b2f666e77"><span class="__cf_email__" data-cfemail="8cc6c1c8cac3c5cdccf9ffe8e3e6a2ebe3fa">[email protected]</span></a>. Correspondence 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 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 <a href="http://www.justice.gov/oip/forms/cert_ind.pdf">http://www.justice.gov/oip/forms/cert_ind.pdf</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 physical or
electronic address indicated in the ``RECORD ACCESS PROCEDURES''
paragraph, above. All requests to contest or amend records must be in
writing and the correspondence (and envelope or email subject line)
should be clearly marked ``Privacy Act Amendment Request.'' All
requests must state clearly and concisely what record is being
contested, the reasons for contesting it, and the proposed amendment to
the record.
More information regarding the Department's procedures for amending
or contesting records in accordance with the Privacy Act can be found
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''
NOTIFICATION PROCEDURES:
Individuals may be notified if a record in this system of records
pertains to them when the individuals request information utilizing the
same procedures as those identified in the ``RECORD ACCESS PROCEDURES''
paragraph, above.
HISTORY:
None.
[FR Doc. 2023-26073 Filed 11-30-23; 8:45 am]
BILLING CODE 4410-NW-P
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