Home > 1997 Privacy Act Documents > Privacy Act: [ JUSTICE/CRT-004] Registry of Names of Interested Persons Desiring Notification of Submissions under Section 5 of the Voting Rights Act....Privacy Act: [ JUSTICE/CRT-004] Registry of Names of Interested Persons Desiring Notification of Submissions under Section 5 of the Voting Rights Act....
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[2001 Privacy Act]
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#.DEPARTMENT OF JUSTICE
#..Civil Division
#..JUSTICE/CIV-001
#....System name:
Civil Division Case File System.
System location:
Civil Division, U.S. Department of Justice 10th Street NW,
Washington, DC 20530; Record Management Unit, 5320 Marinelli Road,
Rockville, MD 20652; and Federal Records Center, Suitland, MD 20409.
Categories of individuals covered by the system:
Individuals referenced in potential or actual cases and matters
under the jurisdiction of the Civil Division; and attorneys,
paralegal, and other employees of the Civil Division directly
involved in these cases or matters.
Categories of records in the system:
(1) Records in this system pertain to a broad variety of
litigation under the jurisdiction of the Civil Division relating to
torts, civil fraud and other commercial matters, federal programs and
national security, immigration, and consumer issues. The case files
contain court records, inter-agency and intra-agency correspondence,
and legal research. These records may include civil investigatory
and/or criminal law enforcement information and information
classified pursuant to Executive Order to protect national security
interests. (2) Summary information (i.e., names of principal parties
or subjects, case file numbers, assignments, status, and
classification) of these cases or matters is maintained prior to FY
78 on index cards and from FY 78 in an automated case tracking
system. (3) A timekeeping function for attorneys, paralegal, and
other employees of the Civil Division directly involved in litigation
supplements the automated case tracking system from May of 1981.
Authority for maintenance of the system:
General authority to maintain the system is contained in 5 U.S.C.
301 and 44 U.S.C. 3101. The particular system was established in
accordance with 28 CFR 0.77(f) and 28 U.S.C. 552 and was delegated to
the Civil Division pursuant to the memorandum from the Deputy
Attorney General, dated July 17, 1974.
Purpose(s):
Case records are maintained for the purpose of litigating or
resolving any case or matter under consideration by the Civil
Division. The automated case tracking and timekeeping system exists
for the purpose of managing and evaluating the Division's litigative
activities.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
A record maintained in this system of records may be disseminated
as a routine use of such record as follows: (1) In any case in which
there is an indication of a violation or potential violation of law,
whether civil, criminal or regulatory in nature, the record in
question may be disseminated to the appropriate federal, state, local
or foreign agency charged with the responsibility for investigating
or prosecuting such violation or charged with enforcing or
implementing such law; (2) in the course of investigating the
potential or actual violation of any law, whether civil, criminal or
regulatory in nature, or during the course of a trial or hearing, or
the preparation for a trial or hearing for such violation, a record
may be disseminated to a federal, state, local or foreign agency, or
to an individual or organization, if there is reason to believe that
such agency, individual or organization possesses information or is
responsible for acquiring information relating to the investigation,
trial or hearing and the dissemination is reasonably necessary to
elicit such information or to obtain the cooperation of a witness or
an informant; (3) a record relating to a case or matter that has been
referred by an agency for investigation, prosecution, or enforcement,
or that involves a case or matter within the jurisdiction of an
agency, or where the agency or officials thereof are a party to
litigation or where the agency or officials may be affected by a case
or matter, may be disseminated to such agency to notify the agency of
the status of the case or matter or of any decision or determination
that has been made, or to make such other inquiries and reports as
are necessary during the processing of the case or matter; (4) a
record relating to a case or matter may be disseminated to a foreign
country pursuant to an international treaty or convention entered
into and ratified by the United States or to an executive agreement;
(5) a record may be disseminated to a federal, state, local, foreign,
or international law enforcement agency to assist in the general
crime prevention and detection efforts of the recipient agency or to
provide investigative leads to such agency; (6) a record may be
disseminated to a foreign country, through the United States
Department of State or directly to the representative of such
country, to the extent necessary to assist such country in civil or
criminal proceedings in which the United States or one of its
officers or agencies has an interest; (7) a record, or any facts
derived therefrom, may be disclosed in a grand jury proceeding or in
a proceeding before a court or adjudicative body before which the
Civil Division is authorized to appear when the United States, or any
agency or subdivision thereof, is a party to litigation and such
records are determined by the Civil Division to be arguably relevant
to the litigation; (8) to facilitate processing Freedom of
Information and Privacy Act requests for these records, information
may be disclosed to another Federal agency to (a) permit a decision
as to access, amendment or correction of records to be made in
consultation with or by that agency, or (b) verify the identity of an
individual or the accuracy of information submitted by an individual
who has requested access to or amendment or correction of records;
(9) information may be released to the news media and the public in
accordance with 28 CFR 50.2 unless it is determined that release
would constitute an unwarranted invasion of personal privacy; (10) a
record may be disclosed to the National Archives and Records
Administration and the General Services Administration in records
management inspections conducted under the authority of 44 U.S.C.
2904 and 2906; (11) in any health care-related civil or criminal
case, investigation, or matter, information indicating patient harm,
neglect, or abuse, or poor or inadequate quality of care, at a health
care facility or by a health care provider, may be disclosed as a
routine use to any federal, state, local, tribal, foreign, joint,
international or private entity that is responsible for regulating,
licensing, registering, or accrediting any health care provider or
health care facility, or enforcing any health care-related laws or
regulations. Further, information indicating an ongoing quality of
care problem by a health care provider or at a health care facility
may be disclosed to the appropriate health plan. Additionally, unless
otherwise prohibited by applicable law, information indicating
patient harm, neglect, abuse, or poor or inadequate quality of care
may be disclosed to the affected patient or his or her representative
or guardian at the discretion of and in the manner determined by the
agency in possession of the information; (12) 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; (13) information relating to health care
fraud may be disclosed to private health plans, or associations of
private health plans, and health insurers, or associations of health
insurers, for the following purposes: To promote the coordination of
efforts to prevent, detect, investigate, and prosecute health care
fraud; to assist efforts by victims of health care fraud to obtain
restitution; to enable private health plans to participate in local,
regional, and national health care fraud task force activities; and
to assist tribunals having jurisdiction over claims against private
health plans; (14) for all claims made by individuals covered by the
Energy Employees Occupational Injury Compensation Program Act, Pub.
L. 106-398, 114 Stat. 1654, Title XXXVI (2000), 42 U.S.C. 7384 et
seq., the Civil Division may disclose to the Department of Labor all
information contained in its Radiation Exposure Compensation Act, (42
U.S.C. 2210 note) files pertinent to those claims; (15) to
contractors, experts, consultants employed by the Civil Division when
necessary to accomplish an agency function related to this system of
records.
Policies and practices for storing, retrieving, accessing,
retaining, and disposing of records in the system:
Storage:
Manual records are stored in file cabinets and on index cards.
Automated records are stored on magnetic disks. Classified
information is stored in locked safes.
Retrievability:
Manual records are retrieved by file number. This number can be
obtained from index cards arranged alphabetically by subject name for
records received prior to FY 78 and from logical queries to the
computer-based data for FY 78 and subsequent years.
Safeguards:
Classified information is maintained in locked safes. Access to
all information is limited to Department of Justice personnel who
have need for the records to perform their duties. Automated records
are safeguarded and protected in accordance with Department rules and
procedures governing the handling of computerized information.
Retention and disposal:
When a case file is closed by the responsible attorney, it is
sent to the Federal Records Center for retention in accordance with
the authorized Record Disposal Schedule for the classification of the
case. Such schedules are approved by the National Archives.
After the designated period has passed, the file is destroyed.
However, the index and docket cards are not purged. Automated records
constitute a cumulative resource file for which there are no plans to
delete records.
System manager(s) and address:
Assistant Attorney General; Civil Division: U.S. Department of
Justice; 10th and Constitution Avenue, NW, Washington, DC 20530.
Notification procedure:
Address inquiries to: Assistant Attorney General; Civil Division;
U.S. Department of Justice; 10th and Constitution Avenue, NW,
Washington, DC 20530.
Record access procedures:
Portions of this system are exempt from disclosure and contest by
5 U.S.C. 552a(j)(2), (k)(1) and (k)(2). Submit in writing all
requests for access to those portions not so exempted to the system
manager identified above. Clearly mark the envelope and letter ``FOI/
PA Request'' and provide a return address. The subject of the record
should also provide his/her full name and notarized signature, data
and place of birth, case caption, or other information which may
assist in locating the records sought.
Contesting record procedures:
Individuals desiring to contest or amend information maintained
in the system should direct their request to the Assistant Attorney
General, Department of Justice, 10th and Constitution Avenue, NW,
Washington, DC 20530. The request should clearly state what
information is being contested, the reasons for contesting it, and
the proposed amendment to the information sought.
Record source categories:
Information may be obtained from all individuals referred to in
all cases or matters under consideration of the Civil Division.
Timekeeping information is obtained from all Civil Division
attorneys, paralegals, and other employees directly involved in such
litigation or matters.
System exempted from certain provisions of the act:
The Attorney General has exempted certain categories of records
in this system form subsections (c)(3) and (4), (d), (e)(1), (e)(2),
(e)(3), (e)(4)(G) and (H), (e)(5), (e)(8), and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2). That is, these
exemptions apply only to the extent that the file contains
information which has been properly classified pursuant to an
Executive Order, or to the extent that it contains investigatory and
other law enforcement materials. Rules have been promulgated in
accordance with the requirements of 5 U.S.C. 552(b), (c) and (e) and
have been published in the Federal Register.
#..JUSTICE/CIV-002
#....System name: Civil Division Case File System: Customs
Litigation.
System location: 26 Federal Plaza, New York, New York 10007, and
U.S. Department of Justice Data Services Center, 10th and
Constitution Avenue, NW, Washington, DC 20530.
Categories of individuals covered by the system: Any and all
parties and counsel involved in the cases handled by the Field
Office, Customs Litigation, Commercial Litigation Branch of the Civil
Division will have identifying data contained in this system.
Categories of records in the system: 1. The main record of the
system is the case file which is retained on each case under the
jurisdiction of the Field Office, Customs Litigation, Commercial
Litigation Branch of the Civil Division and constitutes the official
record of the Department of Justice thereon. All record material
relating to a case is retained in the file. Each file is assigned the
Customs Court number given to the summons filed in that court or, in
cases filed prior to October 1, 1970, to reappraisement appeals or to
protests filed with the Customs Court.
The number assigned to the file will change to the number
assigned by the Court of Customs and Patent Appeals, if that case
becomes the subject of an appeal before that court. In addition, the
Custom Section retains a log of communications received and
communications sent. The correspondence is identified thereon by
court (case) number, identification of the kind of communication, and
the person receiving it.
2. The case file and communication logs are physically retained
at the offices of the Field Office, Customs Litigation, Commercial
Litigation Branch 26 Federal Plaza, New York, New York 10007. From
these records, the Field Office, Customs Litigation, Commercial
Litigation Branch inputs certain information for conversion into a
data processing system which is maintained at the Department of
Justice Data Services Center, 10th and Constitution Avenue, NW,
Washington, DC 20530. Included in the information contained in the
data processing system is the identity of the parties and their
counsel, as well as the merchandise involved, the port of entry and
the competing statutory provisions.
3. Alphabetical and numerical indices are maintained as a means
of access to the proper file number by the cross-referencing of the
names of non-government parties to suit with the appropriate file
(court) numbers. These indices are made of index cards and maintained
in the Chief Clerk's office in the Field Office, Customs Litigation,
Commercial Litigation Branch.
Authority for maintenance of the system: The Field Office, Customs
Litigation, Commercial Litigation Branch case files are maintained
under the authority of 28 U.S.C. 2601(b) and 2632(e) and established
in accordance with 28 CFR 0.45(c) which gives the Civil Division
responsibility for `all litigation incident to the reappraisement and
classification of imported goods, including the defense of all suits
in the Court of Customs and Patent Appeals', and with 28 CFR 0.48
which designates the Attorney-in-Charge, Field Office, Customs
Litigation `to accept service of notices of appeals to the Court of
Customs and Patent Appeals and all pleadings and other papers filed
in the Customs Court, when the United States is an adverse Party in
any customs litigation'.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses: Any record
pertaining to any case or matter in the Civil Division may be
disseminated to any other component of the Department of Justice,
including the Federal Bureau of Investigation and the United States
Attorney offices, for use in connection with the consideration of
that case or matter or any other case or matter under consideration
by the Civil Division or any other component of the Department of
Justice.
Certain information contained in the record may also be
disseminated to the U.S. Customs Service, the Department of the
Treasury, the International Trade Commission, the Department of
State, or any other agency of the Government whose decision is being
challenged in a case assigned to the Field Office, Customs
Litigation, Commercial Litigation Branch for disposition. A record
maintained in this system of records may be disseminated as a routine
use of such record as follows: (1) In any case in which there is an
indication of a violation or potential violation of law, whether
civil, criminal or regulatory in nature, the record in question may
be disseminated to the appropriate Federal, state, local or foreign
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