Privacy Act: [JUSTICE/OPR-001]...

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[2001 Privacy Act]
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   #.DEPARTMENT OF JUSTICE


                  Office of Professional Responsibility

   #..JUSTICE/OPR-001

   #....System name: 

       Office of Professional Responsibility Record Index.
     System location: 
       Office of Professional Responsibility (OPR), U.S. Department of 
   Justice (DOJ), 950 Pennsylvania Avenue NW, Washington, DC 20530.
     Categories of individuals covered by the system: 
       (1) DOJ employees who are the subjects of complaints directed to, 
   or inquiries or investigations conducted by, OPR; (2) individuals 
   (complainants) who write to OPR; (3) individuals (complainants) who 
   write to the Attorney General and other officials of the Department 
   and whose correspondence is referred to OPR; and (4) employees of 
   agencies of the Federal Government, other than DOJ, about whom 
   information indicating possible criminal or administrative misconduct 
   has been developed during the course of routine investigation by 
   components of DOJ, when such information is furnished to OPR for 
   referral--if warranted--to an appropriate investigative component of 
   DOJ, or another government agency.
     Categories of records in the system: 
       This system of records consists of complaints filed against DOJ 
   employees, the results of investigations into those complaints, and 
   actions taken after completion of the investigations. This system 
   also includes all records developed pursuant to special assignments 
   given to OPR by the Attorney General or the Deputy Attorney General 
   as well as records containing information indicating possible 
   misconduct by employees of the Federal Government other than DOJ, 
   which have been furnished to OPR for referral, if warranted, to the 
   appropriate investigative authority.
     Authority for maintenance of the system: 
       44 U.S.C. 3101 et seq., 28 CFR 0.39 et seq., and Attorney General 
   Order No. 833-79.
   Purpose(s): 
       Information in this system is maintained to provide for the 
   resolution of allegations of misconduct made against Department of 
   Justice employees and to advise complainants of the status of 
   investigations and the results.
     Routine uses of records maintained in the system, including 
   categories of users and the purposes of such uses: 
       A relevant record 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 a potential violation of law, either on its face or in 
   connection with other information, whether civil, criminal or 
   regulatory in nature, and whether arising by general statute or 
   particular program statute, or by regulation, rule or order issued 
   pursuant thereto, the record may be referred to the appropriate 
   agency, whether Federal, State, local or foreign, charged with the 
   responsibility of investigating or prosecuting such violation or 
   charged with enforcing or implementing the statute, rule, regulation 
   or order issued pursuant thereto; (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 
   violations, 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 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 may be 
   disseminated in an appropriate Federal, State, local or foreign court 
   or grand jury proceeding in accordance with established 
   constitutional, substantive or procedural law or practice; (4) a 
   record relating to a case or matter may be disseminated to a Federal, 
   State, or local administrative or regulatory proceeding or hearing in 
   accordance with the procedures governing such proceeding or hearing; 
   (5) a record may be disseminated to a Federal agency, in response to 
   its request, in connection with the hiring or retention of an 
   employee, the issuance of security clearance or the reporting of an 
   investigation of an employee; (6) information permitted to be 
   released to the news media and the public pursuant to 28 CFR 50.2 may 
   be made available 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; (7) 
   information not otherwise required to be released pursuant to 5 
   U.S.C. 552, may be made available to a Member of Congress or staff 
   acting upon the Member's behalf when the Member or staff requests 
   information on behalf of and at the request of the individual who is 
   the subject of the record; (8) a record may be disclosed to the 
   National Archives and Records Administration (NARA) and the General 
   Services Administration in records management inspections conducted 
   under 44 U.S.C. 2904 and 2906; (9) information may be furnished to 
   complainants to the extent necessary to provide such persons with 
   information and explanations concerning the progress and/or results 
   of the investigation or case arising from the matters of which they 
   complained; and (10) information may be furnished to professional 
   organizations or associations with which individuals covered by this 
   system of records may be affiliated, such as state bar disciplinary 
   authorities, to meet their responsibilities in connection with the 
   administration and maintenance of standards of conduct and 
   discipline.
       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 and electronically 
   in office automation equipment.
     Retrievability: 
       Information is retrieved in most instances by the name of the 
   employee who is the subject of the complaint and in some instances by 
   the name of the complainant.
     Safeguards: 
       The information is stored in safes, locked filing cabinets and 
   office automation equipment in a limited access area and is 
   maintained according to applicable departmental security regulations.
     Retention and disposal: 
       Records in the system are retained and disposed of in accordance 
   with NARA Job #NCI-60-77-6.
     System manager(s) and address: 
       Counsel on Professional Responsibility, Department of Justice, 
   950 Pennsylvania 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. 552a(j)(2), (k)(1), (k)(2), or (k)(5). 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 system shall be made in writing, 
   with the envelope and the letter clearly marked ``Privacy Access 
   Request.'' The request shall include the full name of the individual 
   involved, his or her current address, date and place of birth, 
   notarized signature, together with any other identifying information 
   which may be of assistance in locating 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: 
       Department officers and employees, and other Federal, State, 
   local and foreign law enforcement and non-law enforcement agencies, 
   private persons, witnesses, and informants.
     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)(G) and (H), (e)(5) 
   and (8), (f) and (g) of the Privacy Act pursuant to 5 U.S.C. 552a 
   (j)(2). In addition, the Attorney General has exempted this system 
   from subsections (c)(3), (d), (e)(1), (e)(4)(G) and (H), and (f) 
   pursuant to 5 U.S.C. 552a (k)(1), (k)(2) and (k)(5). 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.

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