[Federal Register Volume 60, Number 77 (Friday, April 21, 1995)]
[Notices]
[Pages 19958-19959]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-9806]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 101-95]
Privacy Act of 1974; New System
Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C.
552a), notice is given that the Department of Justice, Federal Bureau
of Prisons, proposes to establish a new system of records entitled
``Telephone Activity Record System (JUSTICE/BOP-011).''
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 Act, requires that it be given a
40-day period in which to review the system.
Therefore, please submit any comments by May 22, 1995. The public,
OMB and Congress are invited to send written comments to Patricia E.
Neely, Staff Assistant, Systems Policy Staff, Justice Management
Division, Department of Justice, Washington, DC 20530 (Room 850, WCTR
Building).
In accordance with Privacy Act requirements, the Department of
Justice has provided a report on the proposed system to OMB and the
Congress.
Dated: April 6, 1995.
Stephen R. Colgate,
Assistant Attorney General for Administration.
JUSTICE/BOP-11
Telephone Activity Record System, Justice/BOP-011.
Bureau of Prisons (BOP) Central Office, 320 First Street, NW.,
Washington, DC 20534;
BOP Northeast Regional Office, U.S. Customs House, 7th Floor, 2nd
and Chestnut Street, Philadelphia, Pennsylvania, 19106;
BOP Mid-Atlantic Regional Office, Junction Business Park, 10010
Junction Drive, Suite 100N, Annapolis Junction, Maryland 20701;
BOP Southeast Regional Office, 523 McDonough Boulevard, Atlanta,
Georgia 30315;
BOP North Central Regional Office, Gateway Complex, Inc., Tower II,
8th Floor, 4th and State Avenue, Kansas City, Kansas 66101-2492;
BOP South Central Regional Office, 4211 Cedar Springs Road, Suite
300, Dallas, Texas 75219;
BOP Western Regional Office, 7950 Dublin Boulevard, 3rd Floor,
Dublin, California 94568.
In addition, records may be retained at any of the BOP institutions
located within the regions. A complete list may be found in 28 CFR part
503.
Current and former inmates, including pre-trial detainees, under
the custody of the Attorney General. Recipients of telephone calls from
current and former inmates. Individuals on the approved telephone lists
of current or former inmates. Individuals who request, in writing, that
the BOP delete their name and telephone number from inmate telephone
lists.
(1) Personal identification data; (2) accounting data, including
amounts deposited by the inmate, call charges, and account balances;
(3) telephone call data, including date, time, and duration of each
call; the name and register number of the inmate who placed the call;
and the telephone number and name of the call recipient and his/her
relationship to the inmate, and audiotapes of telephone calls; and (4)
investigatory data developed internally as well as any related data
collected from Federal, State, local and foreign law enforcement
agencies, and from Federal and State probation and judicial offices.
18 U.S.C. 2510 et. seq., 3621, 4003, 4042 and 4082.
This system of records is maintained to manage financial records
relating to inmate calls and to ensure that inmates exercise their
telephone privileges in a manner consistent with correctional goals.
The related uses for which BOP will maintain the system include (1)
accounting of inmate funds for telephone use; (2) maintaining inmate
telephone lists; (3) monitoring of inmate telephone activity; and (4)
conducting investigations, e.g., investigations of inmate funds as
related to telephone usage, and/or illegal activities or suspected
illegal activities being conducted, coordinated, or directed from
within a Federal correctional institution.
Relevant information will be disclosed from this system as follows:
a. To Federal, State, local and foreign law enforcement officials
for law enforcement needs such as civil court actions, regulatory
proceedings, responding to an emergency, inmate disciplinary
proceedings in the course of apprehensions or other disposition; or for
such law enforcement needs as prison administration, investigations,
and possible criminal prosecutions, including possible criminal
violations discovered as part of telephone monitoring done for the
safety, security and good order of penal institutions. Such telephone
monitoring information will be disclosed only in accordance
[[Page 19959]] with the provisions of the Federal wiretap statutes
contained in 18 U.S.C. 2510 et. seq. and BOP implementing policy.
b. To a court or adjudicative body before which the Department and/
or BOP 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 BOP to be arguably relevant to the litigation: (i) BOP,
or any subdivision thereof, or (ii) any employee of BOP in his or her
official capacity, or (iii) any employee of BOP in his or her
individual capacity where the Department of Justice has agreed to
provide representation for the employee, or (iv) the United States,
where BOP determines that the litigation is likely to affect it or any
of its subdivisions.
c. To contractors and subcontractors responsible for maintaining
telephone service to Federal inmates to the extent necessary to perform
contractual duties.
d. To Members 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 a record subject.
e. To the news media and the public 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.
f. To the National Archives and Records Administration and to the
General Services Administration during a records management inspection
conducted under 44 U.S.C. 2904 and 2906.
g. To affected non-inmate record subjects to the extent necessary
to provide such persons with information concerning placement and/or
removal from an inmate's telephone list.
h. To any person or entity to the extent necessary to prevent an
imminent and potential crime which directly threatens loss of life or
serious bodily injury.
i. 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, e.g., the Merit Systems Protection Board, the
National Labor Relations Board, or other agencies with similar or
related statutory responsibilities, where necessary to adjudicate
decisions affecting individuals who are the subject of BOP
investigations, including (but not limited to) 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 individuals, information
provided will be sanitized as warranted and/or protective order may be
requested to prevent further dissemination.
Information maintained in the system is stored in electronic media
via a configuration of personal computer, client/server, and mainframe
systems architecture and may be accessible by those with a need-to-know
at all BOP facilities. Some information may be stored on other
computerized media, e.g., 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 may be retrieved by identifying data including name and/or
register number of inmate; and/or by name and/or telephone number of
call recipient or individual on approved inmate telephone list.
Manual records are stored in locked filing cabinets or in safes and
can be accessed only by authorized personnel by key or combination
formula. Automated equipment is kept in secured rooms and can be
accessed only by authorized personnel through passwords and
identification codes. All records are maintained in guarded buildings.
Automated records in this system are maintained on magnetic medium
ordinarily for six years from the date created, at which time they will
be overwritten with new data. Paper documents are maintained for a
period of 30 years from expiration of sentence of the inmate, at which
time they are destroyed by shredding. Audiotapes are maintained
ordinarily for six months from the date created, at which time they are
overwritten with new data.
Assistant Director, Administration Division, Federal Bureau of
Prisons, 320 First Street, NW., Washington, DC 20534.
The major part of this system is exempt pursuant to 5 U.S.C.
552a(j)(2). Inquiries should be directed pursuant to the ``Record
Access Procedures'' listed below.
All requests for records may be made by writing to the System
Manager identified above, Federal Bureau of Prisons, 320 First Street,
NW., Washington, DC 20534. The envelope should be clearly marked
``Freedom of Information/Privacy Act Request.'' This system of records
is exempted from access pursuant to 5 U.S.C. 552a(j)(2). A
determination as to the applicability of the exemption to a particular
record(s) shall be made at the time a request for access is received.
Same as above.
Individuals covered by the system; BOP staff; Federal, State, local
and foreign law enforcement agencies; and Federal/State probation and
judicial offices.
The Attorney General has exempted this system from subsections (c)
(3) and (4), (d), (e) (2) and (3), (e) (5) and (8), (f) and (g) of the
Privacy Act pursuant to 5 U.S.C. 552a (j)(2) and (k)(2). 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. 95-9806 Filed 4-20-95; 8:45 am]
BILLING CODE 4410-05-M
