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Privacy Act: [JUSTICE/OIPR-003]...
<DOC> [2001 Privacy Act] [From the U.S. Government Printing Office via GPO Access] #.DEPARTMENT OF JUSTICE National Drug Intelligence Center #..JUSTICE/NDIC-001 #....System name: National Drug Intelligence Center Data Base (JUSTICE/NDIC-001). System location: The primary location of the system will be the National Drug Intelligence Center, 319 Washington Street, 5th Floor, Johnstown, PA 15907. In addition, information in the NDIC Data Base will be retrieved at the NDIC Washington area office, located at Suite 1001, 8201 Greensboro Drive, McLean, VA 22102. Categories of individuals covered by the system: 1. Individuals suspected of, charged with, or convicted of, illicit narcotic trafficking or activities related thereto. 2. Non-implicated persons with pertinent knowledge of some circumstances or aspect of a case or record subject; such persons may include witnesses or associates of record subjects. Categories of records in the system: Records may contain any information, including but not limited to personal identification data, which may assist the National Drug Intelligence Center (NDIC) in fulfilling its responsibilities to collect, consolidate, analyze, and coordinate multi-source drug intelligence data from all national security and law enforcement agencies; to produce information regarding the structure, finances, communications and activities of drug trafficking organizations and their memberships; and to make such information available, as appropriate, to domestic and foreign law enforcement agencies and to agencies of the U.S. foreign intelligence community. Information will include any data that may assist law enforcement agencies and agencies of the U.S. foreign intelligence community in executing their responsibilities with respect to counterdrug enforcement, including identification, location, arrest and prosecution of persons for narcotics trafficking and related activities and civil proceedings related to such enforcement activities. Such information may be derived from investigative and intelligence reports prepared by law enforcement agencies and agencies of the U.S. foreign intelligence community, from documents or other record media seized by law enforcement agencies and made available to NDIC for exploitation, and publicly available information such as media reports and commercially acquired data bases. Records may also include information on persons not implicated in narcotics trafficking or related activities, but with pertinent knowledge of some circumstance of a case or record subject. Such records may contain any information, including but not limited to personal identification data, which may assist NDIC in discharging its responsibilities generally, e.g., information which may assist in identifying and locating such persons. Authority for maintenance of the system: Sec. 9078, Pub. L. 102-396. Purpose(s): This system of records will allow the NDIC to collect and consolidate information from multiple sources, including law enforcement agencies and agencies of the U.S. foreign intelligence community, in order to be able to produce a more complete picture of the activities of drug trafficking organizations and their memberships than any one such agency can produce by itself. The system will enable NDIC to provide the results of its analyses and other relevant information acquired by it, to Federal, State, and local law enforcement and regulatory agencies, to certain foreign law enforcement agencies, and to agencies of the U.S. foreign intelligence community, to assist them in fulfilling their responsibilities with respect to enforcement of law related to drug trafficking, including civil proceedings related to enforcement of such laws. Routine uses of records maintained in the system, including categories of users and the purposes of such uses: Relevant information contained in this system of records may be disclosed as follows: 1. To the appropriate Federal, State, local, or foreign agency responsible for investigating, enforcing, or implementing a statute, rule, regulation, or order, to the extent that the information is relevant to the recipient's law enforcement function. 2. To the Department of Defense, and components thereof, to support its role in the detection and monitoring of the transportation of illegal drugs into the United States or such other roles in support of counterdrug law enforcement as may be permitted by law. 3. To individuals or organizations, including Federal, State, local or foreign agencies, in the course of counterdrug law enforcement efforts, to the extent necessary to elicit information pertinent to counterdrug law enforcement. 4. To the news media, to the extent releasable in accordance with 28 CFR 50.2, and provided, in each case, that release of the specific information in that situation would not constitute an unwarranted invasion of personal privacy. 5. To the Department of State, and to agencies of the U.S. foreign intelligence community, to further the efforts of those agencies with respect to the national security and foreign affairs aspects of international drug trafficking. 6. To Members of Congress, or their staffs acting upon the Members' behalf, when they request the information on behalf of and at the request of the individuals who are the subjects of the respective records. 7. 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. 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 on computer at NDIC's headquarters in Johnstown, Pennsylvania and retrieved both there and at NDIC's Washington area office. Some information, including investigative files and information incorporated into analytical products, may be retained in hard copy format in file folders. Retrievability: Access to individual records is gained by use of data retrieval capabilities of computer software acquired and developed for processing of information in the NDIC Data Base. Data will be retrieved through a number of criteria, including personal identifying information such as name. Safeguards: The NDIC Data Base is protected by both physical security methods and dissemination and access controls. Fundamental in all cases is that all access to information is limited by a system of password and access control to those NDIC personnel or representatives of other agencies with a demonstrated and lawful need to know the information in order to perform assigned functions. All NDIC personnel capable of accessing the NDIC Data Base will have successfully passed a background investigation, and access by such persons will be limited to those having a ``need to know.'' All accesses to the data base, both internal and external, will be electronically recorded, and such records will be reviewed periodically to ensure against inappropriate access. The NDIC Data Base will be retained within a 24-hour guarded facility which is secured by intruder alarms and other appropriate physical security devices. Retention and disposal: A schedule for the retention and disposal of these records is under review and development. System manager(s) and address: Director, National Drug Intelligence Center, 319 Washington Street, 5th Floor, Johnstown, PA 15907. Notification procedures Inquires should be addressed to: Chief, Administration Branch, National Drug Intelligence Center, 319 Washington Street, 5th Floor, Johnstown, PA 15907. Record access procedures: Same as above. Contesting record procedures Same as above. Record source categories: Information provided by Federal, State, local and foreign law enforcement agencies; agencies of the U.S. foreign intelligence community; and open sources, such as broadcast and print media and publicly available data bases. Systems exempted from certain provisions of the act The Attorney General has exempted this system from subsections (c)(3) and (4); (d); (e)(1), (2) and (3); (e)(4)(I); (e)(5) and (8); and (g) pursuant to 5 U.S.C. 552a(j)(2). In addition, the Attorney General has exempted the system from subsections (c)(3), (d), (e)(1) and (e)(4)(I) pursuant to 5 U.S.C. 552a(k) (1) and (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. #.DEPARTMENT OF JUSTICE Office of Intelligence Policy and Review #..JUSTICE/OIPR-001 #....System name: Policy and Operational Records System. System location: U.S. Department of Justice, 10 Street and Constitution Avenue, NW, Washington, DC 20530. Categoriesof individuals covered by the system: Individuals whose activities are the subject of a properly authorized foreign intelligence, foreign counterintelligence or terrorism investigation, or when an individual's activities form the crux of a foreign or counterintelligence policy or operational question. Categories of records in the system: The system of records contains notes, memoranda, legal opinions and reports acquired or produced by OIPR in the course of executing its assigned functions. Included in this system are recommendations to the Attorney General concerning Attorney General authorizations for physical searches, pursuant to Executive Order 12333, and electronic surveillance abroad of United States persons, also pursuant to E.O. 12333, that are requested by entities within the Intelligence Community. In addition, this system will contain requests, manuscripts, reports and memoranda pertaining to the prepublication review, for national security information, of Department of Justice employee materials. Authority for maintenance of the system:44 U.S.C. 3101, 3103, 3105; 28 CFR 0.33a-0.33c. 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 is routinely used by OIPR attorneys in responding to intelligence policy questions and in performing the duties ascribed to OIPR. A record or information from a record maintained in this system of records may also be disseminated as a routine use of such records as follows: (1) To any federal, state or local court, department, officer, agency, regulatory body or other authority, or to any party or representative of a party to a proceeding in the above forums in accordance with the Federal Rules of Civil Procedure or the Federal Rules of Criminal Procedure where appropriate; (2) to a federal agency or agencies that submit policy or operational questions to OIPR, but only to persons within those agencies who hold appropriate security clearances; (3) to the National Archives and Records Administration (NARA) in records management inspections conducted under 44 U.S.C. 2904 and 2906; (4) to the news media and the public pursuant to 28 CFR 50.2, unless it is determined that release of the information in the context of a particular case would constitute an unwarranted invasion of personal privacy; and (5) for information not otherwise required to be released pursuant to 5 U.S.C. 552, to a Member of Congress or staff acting upon the Member's behalf when the Member or staff requests the information on behalf of, or at the request of, the individual who is the subject of the record. 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 is stored manually in file jackets. Retrievability: Information is retrieved through the use of a subject matter index that includes the names of a few individuals. Safeguards: The informaiton is stored in combination safes in a limited access area and is maintained according to applicable Department of Justice security regulations. Retention and disposal: Records in this sytem will be retained and disposed of in accordance with a record disposition schedule currently under development, which will be submitted to NARA for approval. System manager(s) and address: Counsel for Intelligence Policy, US Department of Justice, 10th Street and Constitution Avenue, NW, Washington, DC 20530. Notification procedure: Address any inquiries to the System Manager listed above. Record access procedure: The major part of this system is exempted from this requirement under 5 U.S.c. 5523a(j)(2), (k)(1) and (k)(2). To the extent that this system of records is not subject to exemption, it is subject to access and contest. A determination as to exemption shall be made at the time a request for access is received. A request for access to records contained in this sytem shall be made in writing, with the envelope and letter clearly marked <gr-thn-eq>Privacy Act Request.<gr-thn-eq> The request should include the full name of the individual involved, the individual's current address, date and place of birth, and his or her signature which shall be notarized or made pursuant to 28 U.S.c. 1746 as an unsworn declaration, along with any other information which may be of assistance in locating and identifying the record. The requester will also provide a return address for transmitting the information. Access requests will be directed to the System manager listed above. Contesting record procedures: Individuals desiring to contest or amend information maintained in the system should direct their request to the System Manager listed above, stating clearly and concisely what information is being contested, the reasons for contesting it, and the proposed amendment to the information sought. Record source categories: Sources of information contained in this system include investigative reports of federal law enforcement and intelligence agencies that are client agencies of the Department of Justice, occasional information from state, local or foreign governments, and the work products of Department of Justice and federal attorneys. Systems exempted from certain provisions of the Act: The Attorney General has proposed exemption of this system from 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(2), (e)(3), (e)(4)(G), (e)(4)H), (e)(8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(J)(2), (k)(1) and (k)(2). Rules have been promulgated in accordance with the requirements of 5 U.S.C. 553(b), (c) and (e) and are codified in the Code of Federal Regulations.
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