[Federal Register Volume 82, Number 231 (Monday, December 4, 2017)]
[Notices]
[Pages 57291-57295]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-25994]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 010-2017]


Privacy Act of 1974; System of Records

AGENCY: United States Department of Justice, Federal Bureau of 
Investigation.

ACTION: Notice of a new System of Records.

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SUMMARY: Pursuant to the Privacy Act of 1974, and Office of Management 
and Budget (OMB) Circular No. A-108, notice is hereby given that the 
Federal Bureau of Investigation (FBI), a component within the United 
States Department of Justice (Department or DOJ), proposes to establish 
a new system of records titled, ``FBI Online Collaboration Systems,'' 
JUSTICE/FBI-004. This system of records will cover all FBI online 
collaboration systems that facilitate online collaboration between the 
FBI and its criminal justice, intelligence, national security, 
emergency management, public safety, and private sector partners, as 
well as to support internal collaboration for and external 
collaboration among such partners in the United States and approved 
countries worldwide. Expanding available collaboration tools of the FBI 
and its partners enables the FBI to carry out its national security and 
criminal justice missions. Elsewhere in this Federal Register, DOJ is 
concurrently issuing a Notice of Proposed Rulemaking to exempt JUSITCE/
DOJ-004 from certain provisions of the Privacy Act.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
effective upon publication, subject to a 30-day period in which to 
comment on the routine uses, described below. Please submit any 
comments by January 3, 2018.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments: By mail to the Department of Justice, Office of Privacy and 
Civil Liberties, Attn: Privacy Analyst, National Place Building, 1331 
Pennsylvania Avenue NW., Suite 1000, Washington, DC 20530-0001; by 
facsimile at 202-307-0693; or by email at [email protected]. 
To ensure proper handling, please reference the above CPCLO Order No. 
on your correspondence.

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FOR FURTHER INFORMATION CONTACT: Katherine M. Bond, Assistant General 
Counsel, Privacy and Civil Liberties Unit, Office of the General 
Counsel, FBI, 935 Pennsylvania Avenue NW., Washington, DC 20535-0001; 
telephone (202) 324-3000.

SUPPLEMENTARY INFORMATION: In an effort to carry out its national 
security and criminal law enforcement responsibilities, and to more 
robustly collaborate with its partners in the criminal justice system, 
intelligence communities, emergency management personnel and first 
responders, military personnel, governmental agencies associated with 
critical infrastructure protection of the United States, and private 
sector entities that provide critical information regarding criminal 
justice and national security matters to the FBI and law enforcement, 
the FBI has created online collaboration systems to provide user-
driven, real-time, collaboration and communication tools designed to 
facilitate the exchange of information within, between, and among 
partners more expeditiously. The FBI's online collaboration systems 
will promote communication and information sharing for federal, state, 
local, tribal, territorial, foreign, and international criminal justice 
agencies; emergency management personnel and first responders; as well 
as military and other government personnel involved in criminal justice 
and national security matters, by allowing the FBI and its partners to 
communicate with experts, create and join communities of common 
interest, create blogs to present ideas and receive feedback, share 
files with colleagues, exchange ideas through online forums, enhance 
situational awareness, and facilitate incident management. The online 
collaboration systems will also allow individuals and private sector 
entities to easily and quickly submit information to and collaborate 
with the FBI and other law enforcement and intelligence agencies 
regarding criminal justice and national security matters. By providing 
online communication platforms such as JusticeConnect and collaboration 
tools such as Special Interest Groups and Virtual Command Centers, and 
providing and maintaining a secure communications network, the FBI will 
increase collaboration and cooperation between and among its partners.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and the Congress on this new system of records.

    Dated: November 28, 2017.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.

SYSTEM NAME AND NUMBER:
    FBI Online Collaboration Systems, JUSTICE/FBI-004.

SECURITY CLASSIFICATION:
    This system contains Unclassified information.

SYSTEM LOCATION:
    Records may be maintained at all locations at which the FBI 
operates or at which FBI operations are supported, including: J. Edgar 
Hoover Building, 935 Pennsylvania Avenue NW., Washington, DC 20535-
0001; FBI Academy and FBI Laboratory, Quantico, VA 22135; FBI Criminal 
Justice Information Services (CJIS) Division, 1000 Custer Hollow Road, 
Clarksburg, WV 26306; FBI Records Management Division, 170 Marcel 
Drive, Winchester, VA 22602-4843; and FBI field offices, legal 
attaches, information technology centers, and other components listed 
on the FBI's Internet Web site, https://www.fbi.gov. Some or all system 
information may also be duplicated at other locations where the FBI has 
granted direct access for support of FBI missions, for purposes of 
system backup, emergency preparedness, and/or continuity of operations.

SYSTEMS MANAGER(S):
    Director, Federal Bureau of Investigation, J. Edgar Hoover FBI 
Building, 935 Pennsylvania Avenue NW., Washington, DC 20535-0001.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    28 U.S.C. Chapter 33; 42 U.S.C. 3771; 28 U.S.C. 534; 44 U.S.C. 
3101, 3301; 5 U.S.C. 301; Federal Information Security Modernization 
Act of 2014, 44 U.S.C. 3551-3558 et seq.; 28 CFR 0.85; and 28 CFR part 
20.

PURPOSE(S) OF THE SYSTEM:
    The purpose of the FBI's Online Collaboration Systems is to 
facilitate and support internal and external collaboration for and 
among the FBI, federal, state, local, tribal, territorial, foreign, and 
international criminal justice agencies, emergency management personnel 
and first responders, private sector entities, and United States 
military and other government personnel involved in criminal justice 
and national security matters in the United States and approved 
countries worldwide. Expanding the available collaboration tools of the 
FBI and its partners enables the FBI to carry out its national security 
and criminal justice missions by providing a real-time online 
environment for criminal justice agencies, the FBI, and its partners to 
exchange information internally and externally.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The following categories of individuals are covered by this system:
    A. Individuals who are employees, contractors, detailees, 
assignees, or interns of the FBI, criminal justice agencies, 
intelligence agencies, the military, other governmental agencies 
associated with infrastructure protection of the United States, 
emergency management agencies or first responders organizations, 
foreign or international law enforcement agencies, and private sector 
entities, who are authorized to communicate with or on behalf of the 
FBI via an FBI online collaboration system;
    B. Individuals identified in data maintained in FBI or criminal 
justice or intelligence agencies' files; or whose information is 
obtained by the FBI or its partners by authority of law or agreement 
from other federal, state, local, tribal, territorial, or foreign 
government, or international agencies to further authorized information 
sharing purposes carrying out criminal justice, national security, 
emergency management, or public safety purposes, including the FBI's 
mission to protect and defend the United States against terrorist and 
foreign intelligence threats. These individuals may consist of the 
following: Convicted offenders, subjects, suspects, wanted persons, 
victims, witnesses, missing persons, complainants, informants, sources, 
bystanders, law enforcement personnel, intelligence personnel, other 
responders, private sector liaison contacts, administrative personnel, 
consultants, relatives, and associates who may be relevant to 
investigation or intelligence operations;
    C. Individuals who are identified in publicly available 
information, commercial databases, or private entity records and who 
are associated, related, or have a nexus to the criminal justice system 
or the FBI's missions; and
    D. System users or other individuals accessing this system whose 
information is collected and maintained for this system's user auditing 
and security purposes.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include biographical information about individuals who 
are employees, contractors, detailees, assignees, or interns of the 
FBI, criminal

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justice agencies, or other FBI partners as outlined above who are 
authorized to access an FBI online collaboration system. Biographical 
information may include name, phone number, email address, 
organization, photographs, citizenship, designation as a law 
enforcement officer with arresting powers, user login identification, 
and other information users choose to share within the collaboration 
system.
    Records are unclassified and may contain information collected by 
the FBI, criminal justice or intelligence agencies, or other FBI 
partners for the performance of their legally authorized, required 
functions; investigative and/or intelligence information provided by 
the FBI or criminal justice agencies; or publicly available information 
or information from commercial databases about individuals who are 
associated, related, or have a nexus to the criminal justice system or 
the FBI's missions. These records may include biographical information 
(such as name, alias, race, sex, date of birth, place of birth, social 
security number, passport number, driver's license number, other unique 
personal identifier, addresses, telephone numbers, physical 
descriptions, and photographs); biometric information (such as 
fingerprints); financial information (such as bank account numbers); 
locations, actions, and activities; associates and affiliations; 
employment and business information; citizenship; visa and immigration 
information; travel information; and criminal and investigative 
history, and other data that may assist the FBI, criminal justice 
agencies, and other FBI partners in fulfilling their criminal justice, 
national security, emergency management, or public safety objectives.
    Records may also contain information collected and compiled to 
maintain an audit trail of the activity of authorized users of the 
system, such as user name and user login identification.

RECORD SOURCE CATEGORIES:
    Information is provided by Federal, state, local, tribal, 
territorial, and foreign government agencies; international agencies; 
agencies of the U.S. foreign intelligence community and military 
community; publicly available information, such as broadcast and print 
media; commercial databases; and individuals, corporations, and 
organizations.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), the records or information in this system may be disclosed as 
a routine use, under 5 U.S.C. 552a(b)(3), in accordance with the 
blanket routine uses established for FBI record systems. See Blanket 
Routine Uses (BRU) Applicable to More Than One FBI Privacy Act System 
of Records, Justice/FBI-BRU, published at 66 FR 33558 (June 22, 2001) 
and amended at 70 FR 7513 (February 14, 2005) and 82 FR 24147 (May 25, 
2017) or as may be updated in the future. In addition, as routine uses 
specific to this system, the FBI may disclose relevant records to the 
following persons or entities and under the circumstances or for the 
purposes described below, to the extent such disclosures are compatible 
with the purpose for which the information was collected:
    A. To authorized users of an FBI online collaboration system, as 
necessary, to facilitate and support internal and external 
collaboration for and among the FBI and its partners for the 
performance of their legally authorized, required functions.
    B. To any person, organization, or governmental entity in order to 
notify them of a potential terrorist threat for the purpose of guarding 
against or responding to such threat.
    C. To a governmental entity lawfully engaged in collecting law 
enforcement, emergency management, public safety, or national security 
information, or intelligence for such purposes when determined to be 
relevant by the FBI/DOJ.
    D. To any agency of a foreign government or international agency or 
entity where the FBI determines that the information is relevant to the 
recipient's responsibilities, dissemination serves the best interests 
of the U.S. Government, and where the purpose in making the disclosure 
is compatible with the purpose for which the information was collected.
    E. To any non-governmental entity, including commercial entities, 
or nonprofit organizations, that are joint participants with or provide 
support to the FBI and disclosure is consistent with the FBI's law 
enforcement, national security, or intelligence missions.
    F. To any criminal, civil, or regulatory law enforcement authority 
(whether federal, state, local, territorial, tribal, foreign, or 
international) where the FBI determines that the information is 
relevant to the recipient entity's law enforcement responsibilities.
    G. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
civil, criminal, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, territorial, tribal, 
or foreign law enforcement authority or other appropriate entity, that 
is charged with the responsibility of investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    H. To any entity or individual where there is reason to believe the 
recipient is or could become the target of a particular criminal 
activity, conspiracy, or other threat, to the extent the information is 
relevant to the protection of life, health, or property. Information 
may similarly be disclosed to other recipients who have interests to 
which the threat may also be relevant, or who may be able to assist in 
protecting against or responding to the threat.
    I. To persons or entities where there is a need for assistance in 
locating missing persons, and where there are reasonable grounds to 
conclude from available information that disclosure would further the 
best interests of the individual being sought.
    J. To a former employee of the Department for purposes of: 
Responding to an official inquiry by a federal, state, local, tribal, 
or territorial 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.
    K. To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that there has been a breach of 
the system of records; (2) the Department has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, the Department (including its information systems, 
programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
Department's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    L. To another Federal agency or Federal entity, when the Department 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the

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recipient agency or entity (including its information systems, 
programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach.
    M. To such recipients and under such circumstances and procedures 
as are mandated by federal statute or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Computerized records are stored electronically on hard disk, 
removable storage devices, or other digital media in areas safe from 
access by unauthorized persons or exposure to environmental hazards. 
Some information may also be maintained in hard copy or other form.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by personal identifiers or key word 
searches.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are maintained and disposed of in accordance 
with appropriate authority of the National Archives and Records 
Administration (NARA). Different types of information may be subject to 
different FBI and NARA-approved records' schedules, which are available 
at https://www.archives.gov/records-mgmt/rcs/schedules/index.html?dir=/departments/department-of-justice/rg-0065.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    System records are maintained in limited access space in FBI 
controlled facilities and offices. Computerized data is password 
protected and requires two-factor authentication for access. Remote 
access through the Internet is provided via the encrypted 
communications protocol Hypertext Transfer Protocol with Transport 
Layer Security (HTTPS). All FBI personnel are required to pass an 
extensive background investigation. The information is accessed only by 
authorized DOJ personnel or by non-DOJ personnel properly authorized to 
access the system. The system employs role-based access and 
authentication controls and enforcement mechanisms so that each user 
can access only the information and system locations appropriate for 
their role. Authorized system users will be subject to adequate 
physical security controls and built-in system controls to protect 
against unauthorized personnel gaining access to the equipment and/or 
the information stored in it. All authorized users are required to 
agree to Rules of Behavior and Terms of Use limiting use of the 
information in the system to official purposes. System audit logs are 
created and monitored to detect any misuse of the system.

RECORD ACCESS PROCEDURES:
    The Attorney General has exempted this system of records from the 
notification, access, amendment, and contest procedures of the Privacy 
Act. These exemptions apply only to the extent that the information in 
this system is subject to exemption pursuant to 5 U.S.C. 552a(j) or 
(k). Where compliance would not appear to interfere with or adversely 
affect the purposes of the system, or the overall law enforcement/
intelligence process, the applicable exemption (in whole or in part) 
may be waived by the FBI in its sole discretion.
    All requests for access should follow the guidance provided on the 
FBI's Web site at https://www.fbi.gov/services/records-management/foipa. A request for access to a record from this system of records 
must be submitted in writing and comply with 28 CFR part 16. 
Individuals may mail, fax, or electronically submit a request, clearly 
marked ``Privacy Act Access Request,'' to the FBI, ATTN: FOI/PA 
Request, Record/Information Dissemination Section, 170 Marcel Drive, 
Winchester, VA 22602-4843; facsimile: 540-868-4995/6/7; electronically: 
https://www.fbi.gov/services/records-management/foipa/requesting-fbi-records. The request should include a general description of the 
records sought, and must include the requester's full name, current 
address, and date and place of birth. The request must be signed and 
dated and either notarized or submitted under penalty of perjury. While 
no specific form is required, requesters may obtain a form (Form DOJ-
361) for use in certification of identity, which can be located at the 
above link. In the initial request, the requester may also include any 
other identifying data that the requester may wish to furnish to assist 
the FBI in making a reasonable search. The request should include a 
return address for use by the FBI in responding; requesters are also 
encouraged to include a telephone number to facilitate FBI contacts 
related to processing the request. A determination of whether a record 
may be accessed will be made after a request is received.

CONTESTING RECORD PROCEDURES:
    The Attorney General has exempted this system of records from the 
notification, access, amendment, and contest procedures of the Privacy 
Act. These exemptions apply only to the extent that the information in 
this system is subject to exemption pursuant to 5 U.S.C. 552a(j) or 
(k). Where compliance would not appear to interfere with or adversely 
affect the purposes of the system, or the overall law enforcement/
intelligence process, the applicable exemption (in whole or in part) 
may be waived by the DOJ in its sole discretion.
    Individuals desiring to contest or amend information maintained in 
the system should direct their requests according to the Record Access 
Procedures paragraph above, stating clearly and concisely what 
information is being contested, the reasons for contesting it, and the 
proposed amendment to the information sought. The envelope and letter 
should be clearly marked ``Privacy Act Amendment Request'' and comply 
with 28 CFR 16.46 (Request for Amendment or Correction of Records). 
Some information may be exempt from contesting record procedures as 
described in the Exemptions Promulgated for the System paragraph, 
below. An individual who is the subject of a record in this system may 
amend those records that are not exempt. A determination whether a 
record may be amended will be made at the time a request is received.

NOTIFICATION PROCEDURES:
    Same as Record Access Procedures paragraph, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Attorney General has exempted this system from subsections 
(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), 
(H), and (I), (5) and (8); (f); and (g) of the Privacy Act. The 
exemptions will be applied only to the extent that information in a 
record is subject to exemption pursuant to 5 U.S.C. 552a(j) or (k). 
Rules are being promulgated in accordance with the requirements of 5 
U.S.C. 553(b), (c), and (e) and are published in this Federal Register. 
In addition, the FBI will continue in effect and assert all exemptions 
claimed under 5 U.S.C. 552a(j) or (k) (or other applicable authority) 
by an originating agency from which the FBI obtains records, where one 
or more reasons underlying an original exemption remain valid. Where 
compliance with an exempted provision does not appear to interfere with 
or adversely affect interests of the United States or other system 
stakeholders, the FBI in its sole discretion may waive an exemption in 
whole or in part; exercise of this discretionary waiver prerogative in 
a particular matter shall not create any entitlement to or expectation 
of waiver in that matter or any other matter. As a

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condition of discretionary waiver, the FBI in its sole discretion may 
impose any restrictions deemed advisable by the FBI (including, but not 
limited to, restrictions on the location, manner, or scope of notice, 
access, or amendment).

HISTORY:
    None.

[FR Doc. 2017-25994 Filed 12-1-17; 8:45 am]
BILLING CODE 4410-02-P