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Privacy Act: [JUSTICE/OIPR-003]...


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[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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