[Federal Register Volume 60, Number 192 (Wednesday, October 4, 1995)]
[Notices]
[Pages 52013-52014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24612]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 109-95]
Privacy Act of 1974; New System of Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is
given that the Federal Bureau of Prisons (``Bureau'') proposes to
establish a new system of records entitled, ``Access Control Entry/Exit
System'' (JUSTICE/BOP-010).
Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be
provided a 30-day period in which to comment on the routine uses of a
new system. The Office of Management and Budget (OMB), which has
oversight responsibilities under the Privacy Act, requires that it be
given a 40-day period in which to review the system.
Therefore, please submit any comments by November 3, 1995. The
public, OMB, and the Congress are invited to send written comments to
Patricia E. Neely, Program Analyst, Systems Policy Staff, Justice
Management Division, Department of Justice, Washington, DC 20530 (Room
850, WCTR).
A description of the system of records is provided below. In
addition, the Department has provided a report to OMB and the Congress
in accordance with 5 U.S.C. 552a(r).
Dated: September 22, 1995.
Stephen R. Colgate,
Assistant Attorney General for Administration.
Justice/BOP-010
Access Control Entry/Exit System.
Records may be retained at the Central Office, Regional Offices,
and at any of the Bureau of Prison (Bureau) facilities. A list of these
system locations may be found at 28 CFR part 503.
Current and former staff, inmates now or formerly under the custody
of the Attorney General or the Bureau, and all visitors to Bureau
facilities, including law enforcement personnel, contractors,
volunteers, and inmate visitors.
Information retrieved and stored by the system may include any
information relative to providing safe and secure prison facilities, to
protecting the prison population and/or the general public, and/or,
where appropriate, to otherwise promoting the interests of effective
law enforcement. Examples include:
(a) Identification data (much of which is collected from the
individual) such as the person's name, current residence, social
security number, employer, place and date of birth, age, height,
weight, digital image, biometric identifier information, alien
registration number, driver's license number, telephone number,
passport number, system-generated number, hair color, eye color, sex,
race, escort of visitor into institution, and system classification of
individual;
(b) Other data collected from the visitor and/or from law
enforcement to enable prison officials to determine the suitability/
acceptability of a visitor such as: The purpose of the visit,
relationship to the inmate and information indicating whether the
visitor is under investigation by law enforcement and/or has ever been
convicted of a crime, probation and/or parole status, name of
supervising probation/parole officer, etc.;
(c) Records generated by the system to report entry/exit activity
e.g., date and time of entry/exit, entry/exit locations used; and
location data, including location in the institution visited and/or
movement within the institution;
(d) Any related law enforcement or investigatory data, provided by
third parties such as inmates, courts, and other Federal, State, local,
and foreign law enforcement agencies, e.g., criminal history and/or
investigatory data relating to potential visitors; investigatory data
otherwise developed by Bureau officials regarding any activity, or
suspicious activity, which may threaten the safe and secure operation
of Federal correctional facilities, e.g., remarks describing a possible
introduction of contraband; and any other information that may enable
the Bureau to pursue an internal investigation on a record subject.
This system is established and maintained under the authority of 18
U.S.C. 3621, 4003, 4042, 4082.
The records in this system are maintained to better ensure the
safety, security and good order of Bureau facilities; to improve staff
ability to quickly account for all persons (inmates, visitors, and
staff) within an institution in the event of an emergency, such as an
institution disturbance or a natural disaster; to identify and, where
appropriate, determine the suitability of visitors with respect to
entering prison facilities; and, to more effectively prevent violation
of institution policy and/or criminal activities such as inmate escapes
and the introduction of contraband. Where these efforts fail to prevent
such violations, and/or where otherwise appropriate, records may be
collected and used by the Bureau for internal investigations.
Relevant data from this system will be disclosed as follows:
(a) To Federal, State, local and foreign law enforcement agencies
who have a need for the information to perform their duties, e.g., in
the course of apprehensions, investigations, possible criminal
prosecutions, civil court actions, regulatory proceedings, inmate
disciplinary hearings, parole hearings, responding to emergencies, or
other law enforcement activity;
(b) To Federal, State, local and foreign law enforcement agencies
in order to solicit or obtain data needed by prison officials for law
enforcement purposes, e.g., to determine whether a visitor may be under
investigation, have a criminal record, or otherwise be unsuitable to
visit; or to obtain any information that may enable the Bureau to
pursue an internal investigation pertaining to any record subject based
on information developed by the Bureau;
(c) To the news media and the public pursuant to 28 CFR Sec. 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;
(d) 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;
(e) To the National Archives and Records Administration and the
General
[[Page 52014]]
Services Administration in records management inspections conducted
under the authority of 44 U.S.C. 2904 and 2906;
(f) To a court or adjudicative body before which the Department of
Justice or the Bureau is authorized to appear when any of the following
is a party to litigation or has an interest in litigation and such
records are determined by the Bureau to be arguably relevant to the
litigation: (1) The Bureau, or any subdivision thereof, or (2) any
Department or Bureau employee in his or her official capacity, or (3)
any Department or Bureau employee in his or her individual capacity
where the Department has agreed to provide representation for the
employee, or (4) the United States, where the Bureau determines that
the litigation is likely to affect it or any of its subdivisions;
(g) To an administrative forum which may or may not include an
Administrative Law Judge, or which may or may not convene public
hearings/proceedings, or to other established adjudicatory or
regulatory agencies, professional licensing and disciplinary boards and
commissions, or other appropriate entities with similar or related
responsibilities, statutory or otherwise, to assist in the adjudication
of decisions affecting individuals who are the subject of Bureau
investigations, including decisions to effect any necessary remedial
actions, e.g., disciplinary and/or other appropriate personnel actions,
and/or other law enforcement related actions, where appropriate; (To
protect the privacy of the individual, information provided will be
sanitized as warranted and/or a protective order may be requested to
prevent further dissemination.)
(h) To contractors and subcontractors to the extent necessary to
perform administrative tasks and/or technical installation and/or
maintenance operations or other similar contractual duties; and
(i) To any person or entity to the extent necessary to prevent
immediate loss of life or serious bodily injury.
Information maintained in the system is stored in electronic media
in Bureau facilities via a configuration of personal computer, client/
server, and mainframe systems architecture. Computerized records are
maintained on hard disk, floppy diskettes, magnetic tape and/or optical
disks. Documentary records are maintained in manual file folders and/or
on index card files.
Records are retrievable by identifying data, including last name,
inmate register number, system classification category, Social Security
number, alien registration number, system-generated identification
number, passport number, employee badge number and/or miscellaneous
identification number as provided by the visitor and/or other law
enforcement agencies.
Information is safeguarded in accordance with Bureau rules and
policy governing automated information systems security and access.
These safeguards include the maintenance of records and technical
equipment in restricted areas, and the required use of proper passwords
and user identification codes to access the system. Similarly, paper
records are stored in secured areas to prevent unauthorized access.
Only those Bureau personnel who require access to perform their
official duties may access the records described in this system of
records.
Records generated by the system to report entry/exit and internal
movement activities are retained in accordance with General Records
Schedule (GRS) 19, All other records in the system of records are
retained until such time as the records no longer serve the purpose
described by this system of records. At such time, these records
(including investigatory records and/or records relating to
disciplinary hearings and/or other appropriate personnel actions) may
be incorporated into an appropriate, published system of records with
an approved retention schedule, or otherwise destroyed. Computerized
records are destroyed by shredding, degaussing, etc., and documentary
records are destroyed by shredding.
Assistant Director, Information, Policy, and Public Affairs
Division, Federal Bureau of Prisons, 320 First Street NW., Washington,
DC 20534.
Inquiries concerning this system should be directed to the System
Manager listed above.
All requests for records may be made by writing to the Director,
Federal Bureau of Prisons, 320 First Street NW., Washington, DC 20534,
and should be clearly marked ``Privacy Act Request.'' This system is
exempt, under 5 U.S.C. 552a(j)(2) and (k)(2), from some access. A
determination as to exemption shall be made at the time a request for
access is received.
Same as above.
Individuals covered by the system; and Federal, State, local and
foreign law enforcement agencies, and Federal and State probation and
judicial offices.
Pursuant to 5 U.S.C. 552a(j)(2), the Attorney General has exempted
this system from subsections (c) (3) and (4), (d), (e)(1), (e)(2),
(e)(3), (e) (5), and (8), and (g) of the Privacy Act. In addition,
pursuant to 5 U.S.C. 552a(k)(2), the Attorney General has exempted this
system from subsections (c)(3), (d), and (e)(1). 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.
[FR Doc. 95-24612 Filed 10-3-95; 8:45 am]
BILLING CODE 4410-05-M
