[Federal Register Volume 66, Number 145 (Friday, July 27, 2001)]
[Notices]
[Pages 39201-39203]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18793]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 240-2001]


Privacy Act of 1974; 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 (INTERPOL-USNCB) 
(Department of Justice) INTERPOL-USNCB Records System, Justice/
INTERPOL-001'' (last published March 10, 1992) (57 FR 8486)) has been 
re-titled, the ``INTERPOL-United States National Central Bureau (USNCB) 
Records System, Justice/INTERPOL-001.''
    This system has been revised to include an expanded group of 
individuals covered by the system, add new categories of records and 
add new record sources to the system. Additionally, the INTERPOL-USNCB 
is updating and regrouping its routine uses to reflect technology 
advances in law enforcement and agency practices and updating authority 
for disclosure, storage, retrieval, access, retention and disposal of 
records in the system. New system managers have been added to reflect 
internal INTERPOL-USNCB functions and appropriate sections have been 
re-worded for easier reading and better understanding of the system. 
For clarity, the entire system is reproduced in this publication.
    Title 5 U.S.C. 552a (e) (4) and (11) provide that the public be 
given a 30-day period in which to comment on the modified 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. 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: July 16, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
Justice/Interpol-001

System Name:
    The INTERPOL-United States National Central Bureau (USNCB) Records 
System.

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

Categories of Individuals Covered by the System:
    Criminal and non-criminal individuals who have been 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 of 
humanitarian or criminal investigations; witnesses or confidential 
sources in a criminal investigation with international aspects persons, 
and person who are unable to identify themselves; and judicial or law 
enforcement personnel engaged in the performance of official duties.

Categories of Records in the System:
    The program records of the INTERPOL-USNCB consist of criminal and 
non-criminal case files. The files contain electronic data and hard 
copy records of facsimiles, fingerprints, photographs, criminal 
investigative reports, applicant checks, licenses and related data, 
radio messages (international), log sheets, notices, bulletins or 
posters, investigative notes, computer printouts, letters, memoranda, 
and witness statements. These records relate to fugitives, victims, 
witnesses, wanted persons, lookouts (temporary and permanent), missing 
or abducted persons, persons who are unable to identify themselves, and 
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 request or administrative/operational matter.

Authority for Maintenance of the System:
    22 U.S.C. 263a.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes of Such Uses:
    The following access and disclosure for INTERPOL-USNCB records are 
designated as routine except when such designation is a violation or 
potential violation of law, rule or order issued pursuant thereto: In 
the event a record(s) in this system of records constitutes a violation 
or potential violation of law, whether civil, criminal or regulatory in 
nature, and whether arising by general statute, or particular program 
statute, or by regulation, rule or order issued pursuant thereto, the 
relevant records may be referred, as a routine use 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 the statutes, or rules, regulations or orders issued 
pursuant thereto. A record may be disclosed to foreign, federal, state, 
local or tribal agencies or their bureaus or representatives 
maintaining civil, criminal or other information when necessary to a 
decision concerning the hiring or retention of an employee, the 
issuance of a security clearance, the letting of a contract, or the 
issuance of a license grant or other benefit. A record may be disclosed 
to any of the above agencies in response tot heir request in connection 
with the hiring or retention of an employee to the extent that the 
information is deemed relevant and necessary by the INTERPOL-USNCB. A 
record may be disclosed to appropriate parties engaged in litigation or 
in preparation of possible litigation, as well as to potential 
witnesses for the purpose of securing their testimony when necessary 
before courts, magistrates or administrative tribunals. A record may be 
disclosed to individuals seeking information by using established 
discovery procedures, whether in connection with civil, criminal, or 
regulatory proceedings. A record may be disclosed to foreign 
governments in accordance with formal or informal international 
agreements. Records may be disclosed to the Treasury Enforcement 
Communications System (TECS) (Treasury/CS 00.244) and to the Federal 
Bureau of Investigation, National Criminal Information Center (NCIC); 
to the International Criminal Police Organization (INTERPOL) General 
Secretariat and National Central Bureaus in member countries; to the 
INTERPOL Supervisory Board, an international board comprised of three 
judges having oversight responsibilities

[[Page 39202]]

regarding the purpose and scope of personal information maintained in 
the international archives of INTERPOL. In addition, records may be 
disclosed to other third parties during the course of a criminal or 
humanitarian investigation to the extent deemed necessary by the 
INTERPOL-USNCB to facilitate an investigation and to translators of 
foreign languages as necessary.
    Records may be referred to any of the aforementioned individuals, 
agencies, governments or organizations through various mediums or means 
of communication, including but not limited to the Internet and other 
law enforcement communication systems.
    INTERPOL-USNCB records are accessed by contractors, grantees, 
experts, consultants, interns, 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. TECS, NCIC, and 
similar outside law enforcement records are accessed only by the 
INTERPOL-USNCB staff members granted access by the appropriate law 
enforcement agency.

Release of Information to the News Media:
    Information permitted to be released to the news media and the 
public pursuant to 28 CFR 50.2 may be made available by INTERPOL-USNCB 
when it is determined that release of the specific information in the 
context of a particular case would not constitute an unwarranted 
invasion of personal privacy or violate INTERPOL-USNCB or law 
enforcement regulations.

Release of Information to Members of Congress:
    Information contained in systems of records maintained by INTERPOL-
USNCB, not otherwise prohibited from release pursuant to 5 U.S.C. 552, 
may be made available by the Chief or Deputy Chief, INTERPOL-USNCB, 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 written request of the individual who is the subject of the 
record, and when the release of the information is authorized under 
INTERPOL-USNCB or law enforcement regulations.

Release of Information to the National Archives and Records 
Administration (NARA) and to the General Services Administration (GSA):
    A record from a system of records may be disclosed as a routine use 
to NARA and GSA in records management inspections conducted under the 
authority of 44 U.S.C. 2904 and 2906.

Release of Information to Former Employees:
    Pursuant to subsection (b)(3) of the Privacy Act, the Department of 
Justice may disclose relevant and necessary information 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 personal-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.

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) for a limited time period, or until the 
person(s) is 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:
    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. These activities are in 
accordance with the records retention schedule approved by the 
Archivist of the United States. Information contained in electronic 
case files will be stored on a compact disc for a period of seven years 
post closure. The compact discs will be destroyed seven years post 
closure if there has been no case activity. Automated information will 
be flagged as an archived case and maintained on the LAN server.

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, D.C. 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

[[Page 39203]]

a return address provided for transmitting any information to the 
requester.

Contest Record Procedures:
    See ``Access procedures'' above.

Record Source Categories:
    Sources of information contained in this system include 
investigating reports of federal, state, local, and foreign 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 
were published in the Federal Register on October 7, 1982 (47 FR 
44255). See 28 CFR 16.103.
[FR Doc. 01-18793 Filed 7-26-01; 8:45 am]
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