[Federal Register Volume 83, Number 241 (Monday, December 17, 2018)]
[Notices]
[Pages 64601-64605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27265]
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DEPARTMENT OF JUSTICE
[CPCLO Order No. 007-2018]
Privacy Act of 1974; System of Records
AGENCY: United States Department of Justice, Federal Bureau of
Investigation.
ACTION: Notice of a Modified 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 (DOJ), proposes to modify a system of
records titled ``Law Enforcement National Data Exchange'' (N-DEx),
JUSTICE/FBI-020, as to which notice was last published in the Federal
Register on October 4, 2007 (Notice). The N-DEx System is a scalable
information-sharing network that provides the capability for local,
state, tribal, territorial, regional, federal, and foreign criminal
justice agencies to make potential linkages between criminal justice
incidents, investigations, arrests, bookings, incarcerations, parole
and/or probation information, and criminal intelligence information, in
order to help solve, deter, and prevent crimes, and, in the process, to
enhance national security.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
applicable upon publication, subject to a 30-day period in which to
comment on the routine uses, described below. Please submit any
comments by January 16, 2019.
ADDRESSES: The public, OMB, and Congress are invited to submit any
comments: by mail to DOJ, Office of Privacy and Civil Liberties, ATTN:
Privacy Analyst, National Place Building, 1331 Pennsylvania Ave. 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.
FOR FURTHER INFORMATION CONTACT: Katherine 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: The FBI has revised this system of records
to update the purpose and uses of the system, the type of information
maintained by the system, the sources of information, and the retrieval
capabilities of information from the system.
The FBI is modifying the name of this system of records from ``Law
Enforcement National Data Exchange'' to ``National Data Exchange
System'' (N-DEx System). This name change reflects a previously
implemented FBI policy decision to remove ``law enforcement'' from the
title of the system to reflect more accurately the use of the N-DEx
System by all criminal justice agencies. Similarly, to provide greater
transparency on the use of the system of records, the term ``law
enforcement'' within the existing notice is being changed to ``criminal
justice'' generally. ``Administration of criminal justice,'' as defined
by federal regulation, encompasses the performance of a broader array
of activities than those performed only by sworn law enforcement
officers, and include probation/parole, correctional supervision,
prosecution, and rehabilitation of accused persons or criminal
offenders. Criminal justice agencies also include courts and government
agencies performing the administration of criminal justice functions.
See 28 CFR 20.3(b) and (g).
Despite changes to the system as described in this notice, the FBI
continues to assert, and is not changing the Privacy Act exemptions for
the system promulgated by Final Rule at 73 FR 9947 (Feb. 25, 2008). As
stated in that Final Rule, these Privacy Act exemptions apply only to
the extent that information in the system is within the scope of 5
U.S.C. 552a(j)(2), and to the extent it is, the rationale for asserting
the exemptions has not changed. Although the name of this system of
records is changing slightly pursuant to this Notice, the exemptions as
stated in 73 FR 9947 (Feb. 25, 2008) under the prior name of this
system continue to apply under the new name. When changes to the
exemptions for this system become necessary, FBI will at that time
indicate as part of the rule change that the name of the system has
changed slightly.
The FBI is also updating the purpose and routine uses of the Notice
to reflect the expanded purpose of the N-DEx System to provide records
to criminal justice agencies for criminal justice employment background
checks; firearms, explosive, and associated license/permit-related
background checks; and security risk assessments conducted on
individuals seeking access to select biological agents or toxins
pursuant to 42 U.S.C. 262a and 42 CFR 73.10. In addition, the updated
purpose reflects the use of the N-DEx System for federal suitability
and fitness determinations as contemplated in Executive Order 13467, as
amended by Executive Order 13764. These expanded uses of the N-DEx
System promote public safety by ensuring that a prospective employee's
involvement in the criminal justice system is known before a criminal
justice employee or federal employee is hired. Likewise, expanding the
use of the N-DEx System for firearm, explosive, and associated license/
permit-related checks and security risk assessments provides access to
additional criminal justice information relevant to determining if a
potential purchaser is prohibited by state or federal law from
receiving a firearm, explosive, or associated permit or if an applicant
is legally restricted from accessing select biological agents or
toxins. For consolidation purposes, the routine uses applicable to the
N-DEx System under the FBI's Blanket Routine Uses (FBI-BRU, 66 FR 33558
(June 22, 2001), as amended by 70 FR 7513, 517 (Feb. 14, 2005) and 82
FR 24147 (May 25, 2017)), are also being included in the routine use
portion of this notice.
Additional changes are being made to this Notice to provide greater
clarity about the information contained in the N-DEx System and the
types of information that can be retrieved for criminal justice
purposes by the N-DEx System. Expanding the N-DEx System to include
records retrieved via a federated search of additional criminal justice
information and criminal intelligence databases increases criminal
justice agencies' access to information necessary for them to perform
their legally authorized, required functions.
In accordance with 5 U.S.C. 552a(r), the DOJ has provided a report
to OMB and the Congress on this revised system of records.
[[Page 64602]]
Dated: December 11, 2018.
Peter A. Winn
Acting Chief Privacy and Civil Liberties Officer, United States
Department of Justice.
SYSTEM NAME AND NUMBER:
National Data Exchange System (N-DEx System), JUSTICE/FBI-020.
SECURITY CLASSIFICATION:
Sensitive But Unclassified.
SYSTEM LOCATION:
Records will be located at the Federal Bureau of Investigation
(FBI), Criminal Justice Information Services (CJIS) Division, 1000
Custer Hollow Road, Clarksburg, WV 26306, and at appropriate locations
for system backup and continuity of operations purposes. Records may
also be maintained in secure cloud computing environments. The cloud
computing service provider on the date of this publication is Amazon
Web Services, located at 12900 Worldgate Drive, Herndon, VA 20170.
Cloud computing service providers may change. For information about the
current cloud computing service provider, please contact the Unit
Chief, Privacy and Civil Liberties Unit, Office of the General Counsel,
FBI, 935 Pennsylvania Avenue NW, Washington, DC 20535-0001; telephone
202-324-3000.
SYSTEM MANAGER(S):
Director, Federal Bureau of Investigation, 935 Pennsylvania Avenue
NW, Washington, DC 20535-0001; telephone 202-324-3000.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The system is established and maintained in accordance with 28
U.S.C. 533, 534; 28 CFR 0.85 and 28 CFR part 20.
PURPOSE(S) OF THE SYSTEM:
The purpose of the N-DEx System is to enhance the interconnectivity
of criminal justice databases in various agencies and jurisdictions in
order to improve the sharing of multiple levels of criminal justice
data to further objectives for crime analysis, criminal justice
administration (``administration of criminal justice'' is defined at 28
CFR 20.3(b)), and strategic/tactical operations in investigating,
reporting, solving, and preventing crime, and, thereby, improving
national security. The N-DEx System provides local, state, tribal,
territorial, regional, federal, foreign criminal justice, and limited
authorized noncriminal justice agencies with a powerful investigative
tool to link, share, search, and analyze criminal justice information,
including incident/case reports, incarceration data, and parole/
probation data. In addition to containing information submitted by
criminal justice agencies and jurisdictions nationwide (as will be
detailed below in this Notice), the N-DEx System facilitates the
sharing of criminal justice and criminal intelligence information
(``criminal intelligence information'' is defined at 28 CFR 23.3(b)(3))
controlled and maintained by many different agencies and jurisdictions
nationwide. As well as facilitating information sharing for
investigative purposes, the N-DEx System also facilitates such sharing
for criminal justice employment background checks; federal suitability
and fitness determinations for covered individuals as defined in
Executive Order 13467, as amended by Executive Order 13764; security
risk assessments on individuals applying for access to select
biological agents and toxins as set forth in 42 U.S.C. 262a and 42 CFR
73.10; and firearms, explosives, and associated license/permit-related
background checks conducted by criminal justice agencies.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The N-DEx System contains information maintained by the FBI about
the following types of individuals:
A. Any individual who is identified in a criminal justice report
concerning a criminal justice incident or investigation. These
individuals include, but are not limited to: Subjects; suspects;
associates; victims; persons of interest; witnesses; and/or any
individual named in pre-trial investigations and arrest, booking,
incident, incarceration, parole, and probation reports.
B. N-DEx System users and individuals listed as the point of
contact for records in the N-DEx System.
C. Individuals who have been queried through the N-DEx System. In
addition to information about the above individuals that is actually
maintained by the system, the N-DEx System also facilitates access to
information not maintained by the FBI, but that is contained in non-FBI
databases (controlled by local, state, tribal, territorial, regional,
and other federal agencies) that can be searched via functionality of
the N-DEx System. The information in systems controlled or maintained
by other agencies or jurisdictions will include information about the
categories of individuals described in (A) above, but will also include
information about individuals identified in criminal intelligence
information (defined at 28 CFR 23.3(b)(3)). These individuals may
include, but are not limited to, subjects, suspects, associates,
victims, persons of interest, witnesses, and/or any individual named in
a criminal intelligence product or report.
Information about individuals maintained in local, state, tribal,
territorial, regional, federal (non-Department of Justice), and foreign
criminal justice databases, and merely accessed via N-DEx System search
are not part of the N-DEx System system of records because they are not
``under the control of'' the Department as stated in the Privacy Act
definition of ``system of records.'' 5 U.S.C. 552a(a)(5).
CATEGORIES OF RECORDS IN THE SYSTEM:
The N-DEx System contains information collected by criminal justice
agencies that is needed for the performance of their legally
authorized, required functions. The records in the N-DEx System span
the entire criminal justice lifecycle and consist of arrest, holding,
incident, supervised release, booking, incarceration, service call,
case and warrant reports; pre-trial investigation reports; missing
persons reports; parole and/or probation information; other information
collected by criminal justice agencies; and information shared for
collaboration purposes from local, state, tribal, territorial,
regional, federal, and foreign criminal justice entities. Identifying
information in the N-DEx System includes, but is not limited to:
Name(s); sex; race; citizenship; date and place of birth; address(es);
telephone number(s); social security number(s) or other unique
identifiers; physical description, including height, weight, hair
color, eye color, gender; occupation and vehicle identifiers; and
photographs. Records from the FBI's CJIS Division systems, including
the National Crime Information Center (NCIC), the Interstate
Identification Index (III), and the Next Generation Identification
(NGI) Systems, will be made available to the N-DEx System for queries,
but the N-DEx System will not contain copies of these databases.
Additionally, records from other criminal justice and criminal
intelligence databases controlled and updated by local, state, tribal,
territorial, regional, federal, and foreign criminal justice entities
or non-governmental agencies will be made accessible for queries via
the N-DEx System, but because the FBI and DOJ will not control or
update the records from these databases, this information will not be
considered part of the N-DEx System system of records.
Records maintained in the N-DEx System about individuals described
in category ``B'' of INDIVIDUALS
[[Page 64603]]
COVERED BY THE SYSTEM above include name, userID, phone number, email
address, associated identity provider, employing agency, and
information users voluntarily provide for collaboration purposes.
The N-DEx System also maintains an audit log of searches conducted
in the N-DEx System and records viewed as a result of each search. The
audit log includes search criteria that may include identifying
information (e.g. name, date of birth, social security number) about
individuals described in category ``C'' of INDIVIDUALS COVERED BY THE
SYSTEM above.
RECORD SOURCE CATEGORIES:
Information contained in the N-DEx System is obtained from local,
state, tribal, territorial, regional, federal, and foreign criminal
justice agencies and non-governmental agencies that compile information
for criminal justice purposes.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
As part of those disclosures generally permitted under 5 U.S.C.
552a(b), the records in this system may be disclosed as a routine use,
under 5 U.S.C. 552a(b)(3) to the following persons or entities and
under the circumstances or for the purposes described below:
A. To any criminal, civil, or regulatory authority (whether local,
state, tribal, territorial, regional, federal, or foreign) where the
information is relevant to the recipient entity's criminal justice
responsibilities.
B. To a local, state, tribal, territorial, regional, federal,
foreign, international, or other public agency/organization, or to any
person or entity in either the public or private sector, domestic or
foreign, where such disclosure may facilitate the apprehension of
fugitives, the location of missing persons, the location and/or return
of stolen property or similar criminal justice objectives.
C. To local, state, tribal, territorial, regional, or federal
criminal justice agencies for the performance of firearms, explosives,
or associated license/permit-related background checks.
D. To federal agencies for the performance of federal suitability
or fitness determinations under the authority of Executive Order 13467
as amended by Executive Order 13764.
E. To federal agencies in connection with a security risk
assessment conducted, pursuant to 42 U.S.C. 262a and 42 CFR 73.10, on
an individual applying for access to select biological agents or
toxins.
F. To a local, state, tribal, territorial, regional, federal, or
foreign governmental entity lawfully engaged in collecting law
enforcement, law enforcement intelligence, national security
information, homeland security information, national intelligence,
possible national security threat information, or terrorism information
for law enforcement, intelligence, national security, homeland
security, or counterterrorism purposes.
G. To any person or entity in either the public or private sector,
domestic or foreign, if deemed by the FBI to be reasonably necessary to
elicit information or cooperation from the recipient for use in
furthering the purposes of the system.
H. 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, DOJ (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.
I. 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 recipient agency or
entity (including its information systems, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
J. To those agencies, entities, and persons the FBI may consider
necessary or appropriate in ensuring the continuity of government
functions in the event of any actual or potential significant
disruption of normal government operations. This also includes all
related pre-event planning, preparation, backup/redundancy, training
and exercises, and post-event operations, mitigation, and recovery.
K. If any system record, on its face or in conjunction with other
information, indicates a violation or potential violation of law
(whether civil or criminal), regulation, rule, order, or contract, the
pertinent record may be disclosed to the appropriate entity (whether
federal, state, local, joint, tribal, foreign, or international), that
is charged with the responsibility of investigating, prosecuting, and/
or enforcing such law, regulation, rule, order, or contract.
L. To contractors, grantees, experts, consultants, students, or
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.
M. To the news media or members of the general public in
furtherance of a legitimate law enforcement or public safety function
as determined by the FBI, e.g., to assist in locating fugitives; to
provide notifications of arrests; to provide alerts, assessments, or
similar information on potential threats to life, health, or property;
or to keep the public appropriately informed of other law enforcement
or FBI matters or other matters of legitimate public interest where
disclosure could not reasonably be expected to constitute an
unwarranted invasion of personal privacy. (The availability of
information in pending criminal or civil cases will be governed by the
provisions of 28 CFR 50.2.)
N. To a court or adjudicative body, in matters in which (a) the FBI
or any FBI employee in his or her official capacity, (b) any FBI
employee in his or her individual capacity where the Department of
Justice has agreed to represent the employee, or (c) the United States,
is or could be a party to the litigation, is likely to be affected by
the litigation, or has an official interest in the litigation, and
disclosure of system records has been determined by the FBI to be
arguably relevant to the litigation. Similar disclosures may be made in
analogous situations related to assistance provided to the Federal
Government by non-FBI employees (see Routine Use L).
O. To an actual or potential party or his or her attorney for the
purpose of negotiating or discussing such matters as settlement of the
case or matter, or informal discovery proceedings, in matters in which
the FBI has an official interest and in which the FBI determines
records in the system to be arguably relevant.
P. To such recipients and under such circumstances and procedures
as are mandated by Federal statute or treaty.
Q. To a Member of Congress or a person on his or her staff acting
on the Member's behalf when the request is made on behalf and at the
request of the individual who is the subject of the record.
R. National Archives and Records Administration (NARA) Records
[[Page 64604]]
Management. To the National Archives and Records Administration (NARA)
for records management inspections and such other purposes conducted
under the authority of 44 U.S.C. 2904 and 2906.
S. To any agency, organization, or individual for the purposes of
performing authorized audit or oversight operations of the FBI and
meeting related reporting requirements.
T. The DOJ 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. (Such disclosures will be
effected under procedures established in title 28, Code of Federal
Regulations, sections 16.300-301 and DOJ Order 2710.8C, including any
future revisions.)
U. To the White House (the President, Vice President, their staffs,
and other entities of the Executive Office of the President (EOP)),
and, during Presidential transitions, the President-Elect and Vice-
President Elect and their designees for appointment, employment,
security, and access purposes compatible with the purposes for which
the records were collected by the FBI, e.g., disclosure of information
to assist the White House in making a determination whether an
individual should be: (1) Granted, denied, or permitted to continue in
employment on the White House Staff; (2) given a Presidential
appointment or Presidential recognition; (3) provided access, or
continued access, to classified or sensitive information; or (4)
permitted access, or continued access, to personnel or facilities of
the White House/EOP complex. System records may be disclosed also to
the White House and, during Presidential transitions, to the President
Elect and Vice-President Elect and their designees, for Executive
Branch coordination of activities which relate to or have an effect
upon the carrying out of the constitutional, statutory, or other
official or ceremonial duties of the President, President Elect, Vice-
President or Vice-President Elect.
V. To complainants and/or victims to the extent deemed appropriate
by the FBI to provide such persons with information and explanations
concerning the progress and/or results of the investigations or cases
arising from the matters of which they complained and/or of which they
were victims.
W. To appropriate officials and employees of a federal agency or
entity which requires information relevant to a decision concerning the
hiring, appointment, or retention of an employee; the issuance,
renewal, suspension, or revocation of a security clearance; the
execution of a security or suitability investigation; the letting of a
contract; or the issuance of a grant or benefit.
X. To designated officers and employees of local, state, (including
the District of Columbia), or tribal law enforcement or detention
agencies in connection with the hiring or continued employment of an
employee or contractor, where the employee or contractor would occupy
or occupies a position of public trust as a law enforcement officer or
detention officer having direct contact with the public or with
prisoners or detainees, to the extent that the information is relevant
and necessary to the recipient agency's decision.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Most information is maintained in electronic form and stored in
computer memory, on disk storage, on computer tape, in a government
approved cloud computing infrastructure (e.g., FedRAMP approved)
offered by a cloud service provider (e.g. Amazon Web Services), or on
other computer media. However, some information may also be maintained
by the contributing agency in hard copy (paper) or other form.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information will be retrieved from the N-DEx System by keyword
search and linkages based on identifying data collected on involved
persons, places and things, and other non-specific descriptions of
circumstances to identify common or similar events. This could include
individual names or other personal identifiers. In addition to
returning records based upon a direct query of the N-DEx System, N-DEx
System records may also be retrieved by a query made to other
authorized interoperable systems when the users of the other systems
would also be authorized to access the N-DEx System.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information within the N-DEx System will be contributed by
local, state, tribal, territorial, regional, federal, and foreign
criminal justice entities. Records in the N-DEx System are restricted
to information obtained by criminal justice agencies in connection with
their official duties administering criminal justice. All entities are
responsible for ensuring the relevance and currency of the information
they contribute to the N-DEx System and will have control and
responsibility for the disposition of their own records through a
process that is documented by the N-DEx Policy and Operating Manual, or
based upon federal law. The N-DEx Policy and Operating Manual requires
that before taking action on an N-DEx System record, agencies verify
the accuracy and completeness of the record with the record owner.
Policy also dictates that record contributors update their records at
least monthly. Those portions of the N-DEx System that constitute
federal records are subject to applicable retention schedules approved
by the National Archives and Records Administration (NARA). In
addition, the N-DEx System itself will result in the creation of
metadata or an audit log that reflects any correlation between any of
the submitted records, as well as information about user activity. The
N-DEx System metadata or audit logs will be retained for 25 years, or
as otherwise specified in the NARA schedule, Job No. N1-065-11-2.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
N-DEx System records are maintained in limited access space in FBI
controlled facilities and offices or in secure cloud-computing
environments. Computerized data is password protected. Information in
the cloud is stored in a government approved cloud computing
infrastructure (e.g., FedRAMP approved) offered by a cloud service
provider. All communications between the FBI infrastructure and the
cloud service provider are encrypted both in transit and at rest to
comply with Trusted Internet Connection (TIC) requirements and security
best practices. All FBI personnel are required to pass extensive
background investigations. N-DEx System information is accessed only by
authorized DOJ personnel, or by non-DOJ personnel properly authorized
to assist in the conduct of an agency function related to these
records. The N-DEx System has adequate physical security and built in
controls to protect against unauthorized personnel gaining access to
the equipment and/or the information stored in it.
[[Page 64605]]
RECORD ACCESS PROCEDURES:
Because the N-DEx System contains records compiled to assist with
the enforcement of criminal laws, the records in this system have been
exempted from notification, access, and amendment to the extent
permitted by subsection (j) of the Privacy Act. An individual who is
the subject of one or more records in this system may be notified of
records that are not exempt from notification and, accordingly, may
access those records that are not exempt from disclosure. All requests
for access should follow the guidance provided on the FBI's website 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:
To contest or amend information maintained in the N-DEx System, an
individual should direct his/her request to the address provided above,
stating clearly and concisely what information is being contested, the
reasons for contesting it, and the proposed amendment to the
information sought.
Some information may be exempt from contesting record procedures as
described in the section titled ``Exemptions Claimed for the System.''
An individual who is the subject of one or more records in this system
may contest and pursue amendment of those records that are not exempt.
A determination whether a record may be subject to amendment 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 the N-DEx System from subsection
(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (5) and
(8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2). Rules
have been promulgated in accordance with the requirements of 5 U.S.C.
553(b), (c), and (e). See 28 CFR 16.96(t) and (u).
HISTORY:
Law Enforcement National Data Exchange System (N-DEx), JUSTICE/FBI-
020, 77 FR 56793 (Oct. 4, 2007), as amended by 82 FR 24151, 157 (May
25, 2017).
[FR Doc. 2018-27265 Filed 12-14-18; 8:45 am]
BILLING CODE 4410-02-P