[Federal Register Volume 67, Number 67 (Monday, April 8, 2002)]
[Notices]
[Pages 16762-16763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8425]


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DEPARTMENT OF JUSTICE

[AAG/A Order No. 261-2002]


Privacy Act of 1974; 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 modify 
its system of records entitled ``Telephone Activity Record System, 
JUSTICE/BOP-011''. This system, which was last published on April 21, 
1995 (60 FR 19958), is now being modified and will become effective 60 
days from the date of publication.
    The Bureau is updating the system's location and modifying the 
system to include all individuals placed directly under the custody of 
the Bureau pursuant to 18 U.S.C. 3621 and 5003 (state inmates). Digital 
recordings and Compact Discs (CDs) have been added to the sections 
describing Categories of Records and Storage. Two Routine Uses have 
been revised and a new Routine Use added. All other sections remain the 
same, including the exemptions from certain provisions of the Privacy 
Act.
    Title 5 U.S.C. 552a (e)(4) and (11) provide that the public be 
provided 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 8, 
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, Washington, DC 20530 (1400 
National Place Building).
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on the proposed modification.
    A description of the modified system is provided below. Although 
there were only a few changes to the system as previously published, 
the entire notice is provided below for the convenience of the public.

    Dated: March 28, 2002.
Robert F. Diegelman,
Acting Assistant Attorney General for Administration.
JUSTICE/BOP-011

SYSTEM NAME:
    Telephone Activity Record System.

SYSTEM LOCATION:
    Records may be retained at the Central Office, Regional Offices, or 
at any of the Federal Bureau of Prisons (Bureau) facilities, or at any 
location operated by a contractor authorized to provide computer and/or 
telephone service to Bureau inmates. A list of Bureau facilities may be 
found at 28 CFR part 503 and on the Internet at http://www.bop.gov. 

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Current and former inmates, including pre-trial detainees, under 
the custody of the Attorney General and/or the Director of the Bureau 
of Prisons; 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 Bureau 
delete their name and telephone number from inmate telephone lists.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in this system include: (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, audiotapes and 
digital recordings 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 officers.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    18 U.S.C. 2510 et seq., 3621, 4042, and 5003.

PURPOSE(S):
    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., investigation 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.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    Relevant data from this system will be disclosed as follows:
    (a) To federal, state, local, foreign and international law 
enforcement agencies and officials for law enforcement purposes 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 with the provisions of the federal wiretap 
statutes contained in 18 U.S.C. 2510 et seq. and Bureau implementing 
policy.
    (b) to a court or adjudicative body before which the Department of 
Justice or the Bureau is authorized to appear, or to a private attorney 
authorized by the Department of Justice to represent a Bureau employee, 
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;
    (c) 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;
    (d) to Members of Congress or staff acting upon the Member's behalf 
when the Member or staff requests the

[[Page 16763]]

information on behalf of and at the request of the 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 General 
Services Administration in records management inspections conducted 
under the authority of 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 
immediate loss of life or serious bodily injury;
    (i) 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, including federal, 
state, and local licensing agencies or associations which require 
information concerning the suitability or eligibility of an individual 
for a license or permit, and;
    (j) 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 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.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    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 accessed by those with a need-to-know 
at all Bureau and contractor facilities. Some information may be stored 
in other computerized media, e.g., hard disk, floppy diskettes, 
magnetic tape, digital recordings, Compact Discs (CDs), and/or optical 
disks. Documentary records are maintained in manual file folders and/or 
on index card files.

RETRIEVABILITY:
    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.

SAFEGUARDS:
    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 in Bureau facilities are maintained 
in guarded buildings.

RETENTION AND DISPOSAL:
    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.

SYSTEM MANAGER(S) AND ADDRESS:
    Assistant Director, Administration Division, Federal Bureau of 
Prisons; 320 First Street NW., Washington, DC 20534.

NOTIFICATION PROCEDURE:
    Inquiries should be directed to the System Manager listed above.

RECORD ACCESS PROCEDURES:
    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) and/or (k)(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.

CONTESTING RECORD PROCEDURES:
    Same as above.

RECORD SOURCE CATEGORIES:
    Records are generated by: individuals covered by the system; Bureau 
staff; federal, state, local, tribal, international, and foreign law 
enforcement agencies; and federal/state probation and judicial offices.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4), (d), (e)(2), (e)(3), (e)(5), (e)(8), (f) and (g) of the 
Privacy Act pursuant to 5 U.S.C. 552a(j)(2) and/or (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. 
The rules are published at 28 CFR 16.97(e) and (f).

[FR Doc. 02-8425 Filed 4-5-02; 8:45 am]
BILLING CODE 4410-05-P