10 April 2002
Source:  http://www.access.gpo.gov/su_docs/aces/fr-cont.html

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[Federal Register: April 10, 2002 (Volume 67, Number 69)]
[Notices]
[Page 17464-17466]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap02-112]

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DEPARTMENT OF JUSTICE

[AAG/A Order No. 263-2002]


Privacy Act; System of Records

Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is
given that the United States National Central Bureau of INTERPOL
(USNCB) proposes to modify a system of records, specifically, the
INTERPOL-United States National Central Bureau (USNCB) Records System,
Justice/INTERPOL-001'' (last published July 27, 2001, at 66 FR 39201).
This system, which will become effective 30 days from the date of
publication, has been revised to include an expanded group of
individuals covered by the system, add new categories of records and
update and regroup its routine uses to be consistent with those in
effect at other law enforcement agencies. In addition, routine uses
common to other law enforcement agencies have been added to facilitate
the USNCB's law enforcement functions. For clarity, the entire system
is reproduced in this publication.
In accordance with 5 U.S.C. 552a(e)(4) and (11), the public is
given a 30-day period in which to comment. 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 May 10, 2002. The
public, OMB, and the Congress are invited to send written comments to
Mary Cahill, Management and Planning Staff, Justice Management
Division, Department of Justice, 1400 National Place Building,
Washington, DC 20530.
A description of the modified system of records is provided below.
In addition, in accordance with 5 U.S.C. 552a(r), the Department has
provided a report to OMB and the Congress on the proposed modification.

Dated: April 1, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
JUSTICE/INTERPOL-001

SYSTEM NAME:
The INTERPOL-United States National Central Bureau (USNCB) Records
System, JUSTICE/INTERPOL-001.

SYSTEM LOCATION:
INTERPOL-U.S. National Central Bureau, Department of Justice,
Washington, DC 20530.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Fugitives; wanted persons; criminal and non-criminal individuals
who have been charged or convicted or are subjects of a criminal
investigation with international aspects; individuals who may be
associated with stolen weapons, motor vehicles, artifacts, or similar
items involved in a crime; victims related to humanitarian or criminal
investigations; witnesses or confidential sources in a criminal
investigation with international aspects; missing and/or abducted
persons (including alleged abductors or other individuals associated
with a missing or abducted person), and persons who are unable or
unwilling to identify themselves; INTERPOL-USNCB, government and non-
government contractor, judicial or law enforcement personnel engaged in
the performance of official duties; applicants for a license, grant,
contract or benefit; and applicants for positions with entities
performing law enforcement and non-law enforcement functions.

CATEGORIES OF RECORDS IN THE SYSTEM:
The program records of the INTERPOL-USNCB consist of criminal and
non-criminal case files which support the law enforcement and
humanitarian functions performed by INTERPOL-USNCB. The files contain
electronic data and hard copy records of facsimiles, fingerprints,
photographs, criminal investigative reports, applicant checks related
to law enforcement and non-law enforcement employment, security, and
regulatory matters, licenses, grants, contracts, or benefits, and
related data, radio messages (international), log sheets, notices,
bulletins or posters, lookouts (temporary and permanent notices
including identification information on an individual or item of
interest to law enforcement authorities), investigative notes, computer
printouts, letters, memoranda, witness statements and records related
to deceased persons. Information about individuals includes names,
aliases, places and dates of birth, addresses, physical descriptions,
various identification numbers, reason for the records or lookouts, and
details and circumstances surrounding the actual or suspected
violations, humanitarian requests or administrative/operational
matters.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
22 U.S.C. 263a, and 28 C.F.R. 0.34

PURPOSE(S):
The system manages data on foreign and domestic criminal and non-

[[Page 17465]]

criminal, humanitarian, and related law enforcement matters. These
records are maintained to assist and support international law
enforcement cooperation. The data includes fingerprints, photographs,
criminal investigative reports, applicant checks, licenses, facsimiles,
letters, memoranda, bulletins, posters, log sheets, notices,
investigative notes, computer printouts, and similar data. The data is
used to facilitate the sharing of information between federal, state,
local, and tribal law enforcement-related authorities in the United
States, and foreign authorities engaged in law enforcement functions
including: the investigation of crimes and criminal activities,
obtaining evidence, the sharing of law enforcement techniques,
prevention of crime, assistance in humanitarian matters, the location
and arrest of fugitives and wanted persons, the location of missing
persons, border and immigration control, assistance in litigation, the
sharing of criminal history and background information used for
investigative purposes, determinations regarding the suitability of
applicants for law enforcement and non law enforcement-related
employment, and the issuance of a license, grant, contract, or benefit.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information may be disclosed as follows:
(1) In the event a record in this system of records, either alone
or in conjunction with other information, indicates a violation or
potential violation of law, whether civil, criminal or regulatory in
nature, the relevant record may be referred, to the appropriate law
enforcement and criminal justice agencies whether foreign, federal,
state, local or tribal, charged with the responsibility of
investigating or prosecuting such violation or charged with enforcing
or implementing such law.
(2) To any person or entity, and to the public generally, to the
extent necessary to obtain information or cooperation in efforts to
locate, identify, or arrest, if appropriate, fugitives, wanted persons,
missing persons, abducted persons, and persons who are unable or
unwilling to identify themselves.
(3) To any entity maintaining civil, criminal or other information
when necessary to obtain information relevant to a decision by a
foreign, federal, state, local, or tribal agency concerning the hiring,
appointment, or retention of an employee; the issuance or retention of
a security clearance; the execution of a security or suitability
investigation; the classification of a job; or the issuance of a
contract, grant, license, or benefit.
(4) To officials and employees of a federal agency or entity,
including the White House, which has a need for information relevant to
a decision concerning the hiring, appointment, or retention of an
employee; the issuance or retention of a security clearance; the
execution of a security or suitability investigation; the
classification of a job; or the issuance of a contract, grant, or
benefit.
(5) In an appropriate proceeding before a court or administrative
or regulatory body when records are determined by the Department of
Justice to be arguably relevant to the proceeding.
(6) To such recipients under such circumstances and procedures as
are mandated by federal statute or executive agreement, or where
disclosure is pursuant to an international treaty or convention entered
into and ratified by the United States.
(7) To the International Criminal Police Organization (INTERPOL)
General Secretariat and National Central Bureaus in member countries;
and to the INTERPOL Supervisory Board, an international board comprised
of three judges having oversight responsibilities regarding the purpose
and scope of personal information maintained in the international
archives of INTERPOL.
(8) To contractors, grantees, experts, consultants, students, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal Government, when
necessary to accomplish an agency function related to this system of
records.
(9) To the news media and the public pursuant to 28 CFR 50.2 unless
it is determined that the release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
(10) To a Member of Congress or the Member's 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.
(11) To the National Archives and Records Administration and
General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
(12) To foreign, federal, state, local and tribal licensing
agencies or associations which require information concerning the
suitability or eligibility of an individual for a license or permit.
(13) To an actual or potential party to litigation or the party's
authorized representative for the purpose of negotiation or discussion
on such matters as settlement, plea bargaining, or in informal
discovery proceedings.
(14) 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.
(15) A record relating to a case or matter that has been referred
by an agency, or that involves a case or matter within the jurisdiction
of an agency, or where the agency or its officials may be affected by a
case or matter, may be disseminated to such agency to notify the agency
of the status of the case or matter or of any decision or determination
that has been made, or to make such other inquiries and reports as are
necessary during the processing of the case or matter.
(16) To a foreign country, through the United States Department of
State or directly to the representative of such country, to the extent
necessary to assist such country in apprehending and/or returning a
fugitive to a jurisdiction which seeks his return, or to assist such
country in civil or criminal proceedings in which the United States or
one of its officers or agencies has an interest.
(17) A record relating to a person held in custody pending or
during arraignment, trial, sentence, or extradition proceedings, or
after conviction or after extradition proceedings, may be disseminated
to a federal, state, local, or foreign prison, probation, parole, or
pardon authority, or to any other agency or individual concerned with
the maintenance, transportation, or release of such a person.
(18) To a federal, state, local, foreign, or international law
enforcement agency to assist in the general crime prevention and
detection efforts of the recipient agency or to provide investigative
leads to such agency.
(19) To any entity or person where there is reason to believe that
the recipient is or could become the target of a particular criminal
activity or conspiracy, to the extent the information is relevant to
the protection of life or property.

[[Page 17466]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Information is stored in file folders and in electronic word files
at the INTERPOL-USNCB and at the Washington Federal Records Center.
Certain limited data, e.g., that which concerns fugitives and wanted,
missing or abducted persons is stored in the Treasury Enforcement
Communications System (TECS) TREASURY/CS 00.244, a system published by
the U.S. Department of Treasury, and in the National Criminal
Information Center (NCIC) [JUSTICE/FBI 001], for a limited time period,
or until apprehended or located.

RETRIEVABILITY:
Information is retrieved primarily by name, system identification
number, personal identification number, and by weapon serial number or
motor vehicle identification number.

SAFEGUARDS:
Information is safeguarded and protected in accordance with
Department rules and procedures governing the handling of computerized
information. Only those individuals specifically authorized have access
to the INTERPOL-USNCB records. Access to INTERPOL-USNCB records is
given only to those individuals who require access to perform official
duties. In addition, USNCB information resides in the secured INTERPOL-
USNCB offices which are staffed twenty-four hours a day, seven days a
week. Automated data is password secured.

RETENTION AND DISPOSAL:
Case files closed as of April 5, 1982 and thereafter are disposed
of as follows: The hard copy (paper record) will be retained on site at
the INTERPOL-USNCB for two years after closing. At the end of the two
years post closing, the hard copy will be transferred to the Washington
National Records Center for storage. The hard copy (paper record) of
the case file may be destroyed five years after transfer to the
Washington National Records Center, for a total of seven years post
closing, if there has been no case activity. Information contained in
electronic case files will be stored on a compact disc two years after
closing the case and sent to the Washington National Records Center for
destruction in five years, or seven years after case closure, if there
has been no case activity. Automated information will be flagged as an
archived case and maintained on the LAN server for an indefinite period
of time.

SYSTEM MANAGER(S) AND ADDRESS:
Chief, INTERPOL-United States National Central Bureau, Department
of Justice, Washington, DC 20530.
Records Management Officer, INTERPOL-United States National Central
Bureau, Department of Justice, Washington, DC 20530.
Information Resources Manager, INTERPOL-United States National
Central Bureau, Department of Justice, Washington, DC 20530.

NOTIFICATION PROCEDURE:
Inquiries regarding whether the system contains a record pertaining
to an individual may be addressed to the Chief, INTERPOL-United States
National Central Bureau, Department of Justice, Washington, DC 20530,
or to the Freedom of Information Act (FOIA) Specialist at the same
location. To enable INTERPOL-USNCB personnel to determine whether the
system contains a record relating to him or her, the requester must
submit a written request identifying the record system, identifying the
category and type of records sought, and providing the individual's
full name and at least two items of secondary information (date of
birth, social security number, employee identification number, or
similar identifying information).

RECORD ACCESS PROCEDURES:
The Attorney General has exempted the INTERPOL-USNCB system from
the access, contest, and amendment provisions of the Privacy Act. Some
records may be available under the Freedom of Information Act.
Inquiries should be addressed to the FOIA/PA Officer, INTERPOL-United
States National Central Bureau, Department of Justice, Washington, DC
20530. The letter should be clearly marked ``Freedom of Information
Request'' and a return address provided for transmitting any
information to the requester.

CONTESTING RECORD PROCEDURES:
See ``Access procedures'' above.

RECORD SOURCE CATEGORIES:
Sources of information contained in this system include
investigating reports, notes, correspondence, messages, photographs,
fingerprints, and other identification materials from federal, state,
local, tribal and foreign law enforcement and non-law enforcement
agencies (including investigating reports from a system of records
published by Department of Treasury Enforcement Communications System
(TECS) TREASURY/CS 00.244 or the National Crime Information Center
(NCIC); other non-Department of Justice investigative agencies; client
agencies of the Department of Justice); statements of witnesses and
parties; and the work product of the staff of the INTERPOL-USNCB
working on particular cases. Although the organization uses the name
INTERPOL-USNCB for purposes of public recognition, the INTERPOL-USNCB
is not synonymous with the International Criminal Police Organization
(ICPO-INTERPOL), which is a private, intergovernmental organization
headquartered in Lyon, France. The Department of Justice USNCB serves
as the United States liaison with the INTERPOL General Secretariat and
works in cooperation with the National Central Bureaus of other member
countries, but is not an agent, legal representative, nor organization
subunit of the International Criminal Police Organization. The records
maintained by the INTERPOL-USNCB are separate and distinct from records
maintained by INTERPOL and INTERPOL-USNCB does not have custody of,
access to, nor control over the records of the International Criminal
Police Organization.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
The Attorney General has exempted this system from subsections
(c)(3) and (4), (d), (e), (1), (2), and (3), (e)(4)(G) and (H), (e)(5)
and (8), (f), and (g) of the Privacy Act pursuant to 5 U.S.C. 552a
(j)(2), and (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. See 28 CFR 16.103.

[FR Doc. 02-8427 Filed 4-9-02; 8:45 am]
BILLING CODE 4410-BC-P