[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Notices]
[Pages 20478-20480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9910]
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DEPARTMENT OF JUSTICE
[AAG/A Order No. 227-2001]
Privacy Act of 1974; System of Records
Pursuant to the Privacy Act of 1974 (5 U.S.C. 552a), notice is
hereby given that the Justice Management Division (JMD), Department of
Justice (DOJ), proposes to establish a new system of records entitled
``Nationwide Joint Automated Booking System (JABS), Justice/DOJ-005.''
The JABS Pilot, originally conducted in South Florida, has now
transitioned to the Nationwide JABS. The JABS represents a major
information sharing project among DOJ's five investigative components:
The Bureau of Prisons (BOP), Drug Enforcement Administration (DEA),
Federal Bureau of Investigation (FBI), Immigration and Naturalization
Service (INS), and the U.S. Marshals Service (USMS). This notice of a
new system of records replaces the Privacy Act notice previously
published by the USMS. Accordingly, this Department-wide system notice
replaces, and the Department hereby removes, on the effective date of
this notice, the following notice previously published by the United
States Marshals Service: ``Joint Automated Booking Stations, Justice/
USM-014'', (60 FR 18853, April 13, 1995).
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 new system of records. The
Office of Management and Budget (OMB), which has oversight
responsibility under the Act, requires that it be given a 40-day period
in which to review the system notice.
Therefore, please submit any comments by June 4, 2001. 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 (Room 1400, National Place
Building), (202) 307-1823.
A description of the system of records is provided below. In
accordance with 5 U.S.C. 552a(r), DOJ has provided a report on the
proposed new system to OMB and the Congress.
SUPPLEMENTARY INFORMATION: The JABS Pilot (February 1996-July 1999)
successfully eliminated redundant booking procedures among
participating agencies, reduce the time required to book an offender,
improved interagency cooperation, and facilitated the sharing of
offender information among participating federal criminal justice
components. The Pilot proved that a nationwide JABS information sharing
system among criminal justice agencies is beneficial and feasible, and
therefore, validated both the value of information exchange and work
reduction concepts that apply to a national system. Based on these
accomplishments and key lessons learned from the JABS Pilot, the
Attorney General approved the transition of the JABS Pilot into a
permanent program.
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\1\ Initially, these records will include only those of the
Department of Justice (DOJ) law enforcement components.
Dated: April 9, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
Justice/DOJ-005
System Name:
Nationwide Joint Automated Booking System (JABS), Justice/DOJ-005.
System Location:
JABS Program Management Office, Department of Justice, Washington,
DC
[[Page 20479]]
20530 with data collection sites in multiple DOJ locations.
Categories of Individuals Covered by the System:
Alleged criminal offenders who have been detained, arrested,
booked, or incarcerated. The remainder of this notice will refer to all
persons covered by the System as ``alleged criminal offender'' or
``arrestee''.
Categories of Records in the System:
Records may include certain generic or ``common'' data elements
which have been collected by an arresting federal agency \1\ at its
automated booking station (ABS). An agency may book an alleged criminal
offender on behalf of another agency which performed the arrest. Such
common data (certain data elements) have been identified by law
enforcement a those case and biographical data routinely collected by
the law enforcement community during the booking process, e.g., name,
date and place of birth, citizenship, hair and eye color, height and
weight, occupation, social security number, place, date and time of
arrest and jail location, charge, disposition, any other pertinent
information related to known activities relevant or unique to the
subject. Finally, such data may include electronic fingerprints,
mugshots, and pictures of applicable scars, marks, and tattoos.
Authority for Maintenance of the System:
8. U.S.C. 1324 and 1357 (f) and (g); 28 U.S.C. 534, 564, 566; 5
U.S.C. 301 and 44 U.S.C. 3101; 18 U.S.C. 3621, 4003, 4042, 4082, 4086;
and Comprehensive Drug Abuse Prevention and Control Act of 1970 (Pub.
L. 91-513), 21 U.S.C. 801 et seq. and Reorganization Plan No. 2 of
1973.
Purpose(s):
Nationwide JABS will enable the conduct of automated booking
procedures by participating law enforcement organizations and provide
an automated capability to transmit fingerprint and image data to the
Federal Bureau of Investigation's (FBI) Integrated Automated
Fingerprint Identification System (IAFIS), Justice/FBI-009 Fingerprint
Identification Records Systems (FIRS). JABS will define and maintain a
repository of common offender data elements for identification of
arrestees by participating federal law enforcement organizations. JABS
will eliminate repetitive booking of offenders for a single arrest and
booking, and thereby eliminate the need for duplicate bookings, i.e.,
the collection of much the same data by multiple agencies in prisoner
processing activities involving such agencies from arrest through
incarceration. (For example, an individual arrested by the DEA and
transported by the USMS to a Federal correctional institution may be
processed by the DEA, USMS, and the BOP.) In addition, JABS will
standardize booking data elements, enable cross-agency sharing of
booking information, enhance cooperation among law enforcement
agencies, and reduce the threat to law enforcement officials and the
public by facilitating the rapid and positive identification of
offenders.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
Where necessary and/or appropriate, the DOJ may disclose relevant
information from the JABS repository and may allow electronic access as
follows:
a. To authorized federal law enforcement agencies to input and
retrieve booking and arrests data on criminal offenders. In addition,
the JABS repository may be electronically accessed by these agencies
for other law enforcement purposes such as to learn about the arrest of
a fugitive wanted in several jurisdictions, to verify the identity of
an arrestee, or to assist in the criminal investigation activities.
b. To other judicial/law enforcement agencies, i.e., courts,
probation, and parole agencies, for direct electronic access to JABS to
obtain applicable data which will assist them in performing their
official duties.
c. To any authorized federal authorities to the extent necessary to
permit them to perform their law enforcement responsibilities; or to
any federal and/or international authorities to the extent necessary to
permit them to perform their law enforcement responsibilities; or to
any other entity or person, to the extent required to solicit
information necessary for law enforcement purposes.
d. To a court or adjudicative body before which the appropriate DOJ
component is authorized to appear when any of the following is a party
to litigation or has an interest in litigation and such records are
determined by the appropriate DOJ component to be arguably relevant to
the litigation:
(1) The DOJ component, or any subdivision thereof, or
(2) Any employee of the DOJ in his or her official capacity, or
(3) Any employee of the DOJ in his or her individual capacity where
the DOJ has agreed to represent the employee or has authorized a
private attorney to represent him or her, and
(4) The United States, where the DOJ determines that the litigation
is likely to affect it or any of its subdivisions.
e. To complainants and/or victims to the extent necessary to
provide such persons with information and explanations concerning the
progress and/or results of an investigation or case (e.g., an arrest)
arising from the matters of which they complained and/or of which they
were a victim.
f. To any persons or entity to the extent necessary to prevent an
imminent and potential crime which directly threatens loss of life or
serious bodily injury.
g. 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.
h. To a Member of Congress or 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.
i. 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.
j. To the National Archives and Records Administration (NARA) and
the General Services Administration in records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
k. 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:
Records are stored in computerized media and printed copies. Any
paper
[[Page 20480]]
records kept by individuals will be appropriately secured.
Retrievability:
Data may be retrieved by name, identifying number, or other data
elements.
Safeguards:
Nationwide JABS will have a combination of technical elements that,
together, integrate into a total security infrastructure to ensure
access is limited to only pre-authorized users. The key technical
design elements of this architecture will include: Encrypted user
authentication, redundant firewalls, virtual private networks,
nonrepudiation, data encryption, anti-virus content inspection, and
intrusion detection capabilities. Access to the systems equipment is
limited to pre-authorized personnel through physical access safeguards
that are enforced 24 hours a day, 7 days a week. Facilities and offices
which house computer systems will be protected at all times by
appropriate locks, security guards, and/or alarm systems.
Retention and Disposal:
a. Temporary. Delete from the JABS data base 99 years after the
date of the first entry. Disposal pending approval at the National
Archives.
b. Fingerprints submitted by law enforcement agencies are removed
from the system and destroyed upon the request of the submitting
agencies. The destruction of fingerprints under this procedure results
in the deletion from the system of all arrest information related to
those fingerprints.
c. Fingerprints and related arrest data are removed from the JABS
upon receipt of court orders for expunction when accompanied by
necessary identifying information.
System Manager(s) and Address:
JABS Program Management Office, U.S. Department of Justice,
Washington, DC 20530.
Notification Procedure:
Same as ``Record Access Procedures.''
Record Access procedure:
Inquiries must be addressed in writing and should be sent to the
JABS Program Management Office, at above address. Provide name,
assigned computer location, and a description of information being
sought, including the time frame during which the record(s) may have
been generated. Provide verification of identity as instructed in 28
CFR 16.41(d).
Contesting Records Procedure:
Same as above.
Record Source Categories:
The record subject; federal law enforcement personnel; the courts;
and medical personnel.
System Exempted from Certain Provisions of the Act:
Pursuant to 5 U.S.C. 552a(j)(2) and (k)(2), the Attorney General
has exempted records in this system from subsections (c)(3) and (4),
(d), (3)(1), (2) and (3), (4)(G) and (H), (e)(5), (e)(8), (f) and (g)
of the Privacy Act. Rules have been promulgated in accordance with the
requirements of 5 U.S.C. 553(b), (c), and (e) and are published in
today's Federal Register.
[FR Doc. 01-9910 Filed 4-20-01; 8:45 am]
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