Privacy Act of 1974; New System

DEPARTMENT OF JUSTICE

[AAG/A Order No. 101-95]

Privacy Act of 1974; New System

Pursuant to the provisions of the Privacy Act of 1974 (5 U.S.C.

552a), notice is given that the Department of Justice, Federal Bureau

of Prisons, proposes to establish a new system of records entitled

``Telephone Activity Record System (JUSTICE/BOP-011).''

Title 5 U.S.C. 552a(e)(4) and (11) provide that the public be

provided a 30-day period in which to comment on the routine uses of a

new system; the Office of Management and Budget (OMB), which has

oversight responsibilities under the Act, requires that it be given a

40-day period in which to review the system.

Therefore, please submit any comments by May 22, 1995. The public,

OMB and Congress are invited to send written comments to Patricia E.

Neely, Staff Assistant, Systems Policy Staff, Justice Management

Division, Department of Justice, Washington, DC 20530 (Room 850, WCTR

Building).

In accordance with Privacy Act requirements, the Department of

Justice has provided a report on the proposed system to OMB and the

Congress.

Dated: April 6, 1995.

Stephen R. Colgate,

Assistant Attorney General for Administration.

JUSTICE/BOP-11

Telephone Activity Record System, Justice/BOP-011.

Bureau of Prisons (BOP) Central Office, 320 First Street, NW.,

Washington, DC 20534;

BOP Northeast Regional Office, U.S. Customs House, 7th Floor, 2nd

and Chestnut Street, Philadelphia, Pennsylvania, 19106;

BOP Mid-Atlantic Regional Office, Junction Business Park, 10010

Junction Drive, Suite 100N, Annapolis Junction, Maryland 20701;

BOP Southeast Regional Office, 523 McDonough Boulevard, Atlanta,

Georgia 30315;

BOP North Central Regional Office, Gateway Complex, Inc., Tower II,

8th Floor, 4th and State Avenue, Kansas City, Kansas 66101-2492;

BOP South Central Regional Office, 4211 Cedar Springs Road, Suite

300, Dallas, Texas 75219;

BOP Western Regional Office, 7950 Dublin Boulevard, 3rd Floor,

Dublin, California 94568.

In addition, records may be retained at any of the BOP institutions

located within the regions. A complete list may be found in 28 CFR part

503.

Current and former inmates, including pre-trial detainees, under

the custody of the Attorney General. Recipients of telephone calls from

current and former inmates. Individuals on the approved telephone lists

of current or former inmates. Individuals who request, in writing, that

the BOP delete their name and telephone number from inmate telephone

lists.

(1) Personal identification data; (2) accounting data, including

amounts deposited by the inmate, call charges, and account balances;

(3) telephone call data, including date, time, and duration of each

call; the name and register number of the inmate who placed the call;

and the telephone number and name of the call recipient and his/her

relationship to the inmate, and audiotapes of telephone calls; and (4)

investigatory data developed internally as well as any related data

collected from Federal, State, local and foreign law enforcement

agencies, and from Federal and State probation and judicial offices.

18 U.S.C. 2510 et. seq., 3621, 4003, 4042 and 4082.

This system of records is maintained to manage financial records

relating to inmate calls and to ensure that inmates exercise their

telephone privileges in a manner consistent with correctional goals.

The related uses for which BOP will maintain the system include (1)

accounting of inmate funds for telephone use; (2) maintaining inmate

telephone lists; (3) monitoring of inmate telephone activity; and (4)

conducting investigations, e.g., investigations of inmate funds as

related to telephone usage, and/or illegal activities or suspected

illegal activities being conducted, coordinated, or directed from

within a Federal correctional institution.

Relevant information will be disclosed from this system as follows:

a. To Federal, State, local and foreign law enforcement officials

for law enforcement needs such as civil court actions, regulatory

proceedings, responding to an emergency, inmate disciplinary

proceedings in the course of apprehensions or other disposition; or for

such law enforcement needs as prison administration, investigations,

and possible criminal prosecutions, including possible criminal

violations discovered as part of telephone monitoring done for the

safety, security and good order of penal institutions. Such telephone

monitoring information will be disclosed only in accordance

[[Page 19959]] with the provisions of the Federal wiretap statutes

contained in 18 U.S.C. 2510 et. seq. and BOP implementing policy.

b. To a court or adjudicative body before which the Department and/

or BOP 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 BOP to be arguably relevant to the litigation: (i) BOP,

or any subdivision thereof, or (ii) any employee of BOP in his or her

official capacity, or (iii) any employee of BOP in his or her

individual capacity where the Department of Justice has agreed to

provide representation for the employee, or (iv) the United States,

where BOP determines that the litigation is likely to affect it or any

of its subdivisions.

c. To contractors and subcontractors responsible for maintaining

telephone service to Federal inmates to the extent necessary to perform

contractual duties.

d. To Members 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 a record subject.

e. 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.

f. To the National Archives and Records Administration and to the

General Services Administration during a records management inspection

conducted under 44 U.S.C. 2904 and 2906.

g. To affected non-inmate record subjects to the extent necessary

to provide such persons with information concerning placement and/or

removal from an inmate's telephone list.

h. To any person or entity to the extent necessary to prevent an

imminent and potential crime which directly threatens loss of life or

serious bodily injury.

i. To an administrative forum, which may or may not include an

Administrative Law Judge, or which may or may not convene public

hearings/proceedings, or to other established adjudicatory or

regulatory agencies, e.g., the Merit Systems Protection Board, the

National Labor Relations Board, or other agencies with similar or

related statutory responsibilities, where necessary to adjudicate

decisions affecting individuals who are the subject of BOP

investigations, including (but not limited to) decisions to effect any

necessary remedial actions, e.g., disciplinary and/or other appropriate

personnel actions, and/or other law enforcement related actions, where

appropriate; to protect the privacy of the individuals, information

provided will be sanitized as warranted and/or protective order may be

requested to prevent further dissemination.

Information maintained in the system is stored in electronic media

via a configuration of personal computer, client/server, and mainframe

systems architecture and may be accessible by those with a need-to-know

at all BOP facilities. Some information may be stored on other

computerized media, e.g., hard disk, floppy diskettes, magnetic tape

and/or optical disks. Documentary records are maintained in manual file

folders and/or on index card files.

Records may be retrieved by identifying data including name and/or

register number of inmate; and/or by name and/or telephone number of

call recipient or individual on approved inmate telephone list.

Manual records are stored in locked filing cabinets or in safes and

can be accessed only by authorized personnel by key or combination

formula. Automated equipment is kept in secured rooms and can be

accessed only by authorized personnel through passwords and

identification codes. All records are maintained in guarded buildings.

Automated records in this system are maintained on magnetic medium

ordinarily for six years from the date created, at which time they will

be overwritten with new data. Paper documents are maintained for a

period of 30 years from expiration of sentence of the inmate, at which

time they are destroyed by shredding. Audiotapes are maintained

ordinarily for six months from the date created, at which time they are

overwritten with new data.

Assistant Director, Administration Division, Federal Bureau of

Prisons, 320 First Street, NW., Washington, DC 20534.

The major part of this system is exempt pursuant to 5 U.S.C.

552a(j)(2). Inquiries should be directed pursuant to the ``Record

Access Procedures'' listed below.

All requests for records may be made by writing to the System

Manager identified above, Federal Bureau of Prisons, 320 First Street,

NW., Washington, DC 20534. The envelope should be clearly marked

``Freedom of Information/Privacy Act Request.'' This system of records

is exempted from access pursuant to 5 U.S.C. 552a(j)(2). A

determination as to the applicability of the exemption to a particular

record(s) shall be made at the time a request for access is received.

Same as above.

Individuals covered by the system; BOP staff; Federal, State, local

and foreign law enforcement agencies; and Federal/State probation and

judicial offices.

The Attorney General has exempted this system from subsections (c)

(3) and (4), (d), (e) (2) and (3), (e) (5) and (8), (f) and (g) of the

Privacy Act pursuant to 5 U.S.C. 552a (j)(2) and (k)(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.

[FR Doc. 95-9806 Filed 4-20-95; 8:45 am]

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