84 FR 26902 - Privacy Act of 1974; Systems of Records

Pursuant to the Privacy Act of 1974 and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Civil Rights Division (CRT), a component within the United States Department of Justice (DOJ or Department), proposes to develop a new system of records notice titled DOJ Insight Program Records System, JUSTICE/CRT-011. CRT proposes to establish this system of records to facilitate the Department's Insight Program, a training activity for DOJ attorneys to, among other tasks, gauge reaction and thought processing of DOJ-volunteers presented with proposed trial arguments.

[Federal Register Volume 84, Number 111 (Monday, June 10, 2019)]
[Notices]
[Pages 26902-26905]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2019-12152]


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DEPARTMENT OF JUSTICE

[CPCLO Order No. 02-2019]


Privacy Act of 1974; Systems of Records

AGENCY: Civil Rights Division, United States Department of Justice.

ACTION: Notice of a New System of Records.

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SUMMARY: Pursuant to the Privacy Act of 1974 and Office of Management 
and Budget (OMB) Circular No. A-108, notice is hereby given that the 
Civil Rights Division (CRT), a component within the United States 
Department of Justice (DOJ or Department), proposes to develop a new 
system of records notice titled DOJ Insight Program Records System, 
JUSTICE/CRT-011. CRT proposes to establish this system of records to 
facilitate the Department's Insight Program, a training activity for 
DOJ attorneys to, among other tasks, gauge reaction and thought 
processing of DOJ-volunteers presented with proposed trial arguments.

DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is 
effective upon publication, subject to a 30-day period in which to 
comment on the routine uses, described below. Please submit any 
comments by July 10, 2019.

ADDRESSES: The public, OMB, and Congress are invited to submit any 
comments by mail to the United States Department of Justice, Office of 
Privacy and Civil Liberties, ATTN: Privacy Analyst, National Place 
Building, 1331 Pennsylvania Avenue NW, Suite 1000, Washington, DC 
20530; by facsimile at 202-307-0693; or by email at 
[email protected]. To ensure proper handling, please 
reference the above CPCLO Order No. on your correspondence.

FOR FURTHER INFORMATION CONTACT: Daniel Yi, Senior Counsel, Civil 
Rights Division, 950 Pennsylvania Avenue NW, Washington, DC 20530, 
phone: (202) 514-4609.

SUPPLEMENTARY INFORMATION: In order to assist in achieving its mission 
and performance goals by improving employee and organizational 
performance, DOJ is authorized to develop training activities for its 
employees using a full range of options to meet its mission-related 
organizational and employee development needs. As such, the Department 
recognizes that trial attorneys faced with important questions and 
decisions for their juries and judges lack available resources to gauge 
reaction and thought processing when those individuals are presented 
with the DOJ attorneys' proposed arguments. Through the Insight 
Program, the Department believes it can assist and train its trial 
attorneys by leveraging a community of DOJ volunteers to review and 
provide feedback to proposed strategies and arguments.
    The InSight Program will invite willing DOJ volunteers to 
participate in a community of virtual focus group panelists who are 
ready and willing to provide insights about certain DOJ cases. InSight 
will attempt to assemble a panel of DOJ volunteers that is similar to a 
trial attorney's jury and/or judge. The volunteer panelists will be 
provided case-related information and watch recorded videos of the DOJ 
attorney's anticipated strategy, and afterwards, will anonymously 
provide feedback to the DOJ attorney. The Justice Management Division 
(JMD) will provide technical resources and support to facilitate the 
InSight Program, but CRT will retain manage and oversight of the 
InSight Program.
    In accordance with 5 U.S.C. 552a(r), the Department has provided a 
report to OMB and Congress on this new system of records.


[[Page 26903]]


    Dated: June 3, 2019.
Peter A. Winn,
Acting Chief Privacy and Civil Liberties Officer, United States 
Department of Justice.
JUSTICE/CRT-011

SYSTEM NAME AND NUMBER:
    DOJ Insight Program Records System, JUSTICE/CRT-011.

SECURITY CLASSIFICATION:
    Controlled Unclassified Information.

SYSTEM LOCATION:
    Access to these electronic records includes all Department 
locations that the JMD or CRT operates, or that support CRT or JMD 
operations, including but not limited to, Two Constitution Square, 145 
N Street NE, Washington, DC 20530. Some or all system information may 
also be duplicated at other locations where the Department has granted 
direct access to support CRT and JMD operations, system backup, 
emergency preparedness, and/or continuity of operations. To determine 
the location of particular records within the DOJ Insight Program 
Records System, contact the system manager, whose contact information 
is listed in the ``SYSTEM MANAGER(S)'' paragraph, below.

SYSTEM MANAGER(S):
    Special Counsel for Innovation, Civil Rights Division, 950 
Pennsylvania Avenue NW, Washington, DC 20530, phone: (202) 514-4609.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 4103, and 5 CFR part 410.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to facilitate the 
Department's Insight Program, a DOJ-developed training activity for DOJ 
attorneys to gauge reaction and thought processing of individuals 
presented with proposed trial arguments. This includes, but is not 
limited to: Providing Insight Program administrators with volunteer 
panelist information needed to assemble a panel similar to a DOJ trial 
attorney's jury and/or judge; allowing volunteer panelists to 
anonymously provide feedback to DOJ trial attorneys about proposed case 
strategies and presentations; allowing DOJ trial attorneys to use the 
feedback provided to refine strategies and arguments.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The Insight Program Records System collects and maintains 
information on DOJ employees who (1) administer the DOJ Insight 
Program; (2) volunteer as a DOJ Insight Program volunteer; or (3) 
otherwise request to participate in the DOJ Insight Program.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The Insight Program Records System contains information on DOJ 
employees administering, participating in, or volunteering for the 
Insight Program. Such information includes, but is not limited to:
    A. Basic participating information (for example, name, division, 
contact information, assigned Insight Program number, and signed 
consent forms) on DOJ Insight Program administrators, DOJ Insight 
Program volunteers, and DOJ trial attorneys participating in the DOJ 
Insight Program;
    B. Background and attitudinal information on DOJ Insight Program 
volunteers;
    C. Information used to facilitate DOJ trial attorneys' focal group 
requests (for example, criteria used to select the appropriate DOJ 
Insight Program volunteers, and case-relevant documents and video 
recordings of DOJ trial attorneys);
    D. Tailored information, questionnaires, and feedback related to a 
DOJ trial attorney's focal group request; and
    E. Insight Program information system user activity and audit logs.

RECORD SOURCE CATEGORIES:
    Records contained in this system of records are derived from 
information provided directly by the DOJ employee or from the 
information system accessing the Insight Program Records System.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system of records may be disclosed as a routine use pursuant to 5 
U.S.C. 552a(b)(3) under the circumstances or for the purposes described 
below, to the extent such disclosures are compatible with the purposes 
for which the information was collected:
    A. Where a record, either alone or in conjunction with other 
information, indicates a violation or potential violation of law--
criminal, civil, or regulatory in nature--the relevant records may be 
referred to the appropriate federal, state, local, territorial, tribal, 
or foreign law enforcement authority or other appropriate entity 
charged with the responsibility for investigating or prosecuting such 
violation or charged with enforcing or implementing such law.
    B. To complainants and/or victims 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/or of which they were a victim.
    C. To any person or entity that the [component/office] has reason 
to believe possesses information regarding a matter within the 
jurisdiction of the [component/office], to the extent deemed to be 
necessary by the [component/office] in order to elicit such information 
or cooperation from the recipient for use in the performance of an 
authorized activity.
    D. In an appropriate proceeding before a court, grand jury, or 
administrative or adjudicative body, when the Department of Justice 
determines that the records are arguably relevant to the proceeding; or 
in an appropriate proceeding before an administrative or adjudicative 
body when the adjudicator determines the records to be relevant to the 
proceeding.
    E. To an actual or potential party to litigation or the party's 
authorized representative for the purpose of negotiation or discussion 
of such matters as settlement, plea bargaining, or informal discovery 
proceedings.
    F. To the news media and the public, including disclosures 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.
    G. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal Government, when 
necessary to accomplish an agency function related to this system of 
records.
    H. To designated officers and employees of state, local, 
territorial, or tribal law enforcement or detention agencies in 
connection with the hiring or continued employment of an employee or 
contractor, where the employee or contractor would occupy or occupies a 
position of public trust as a law enforcement officer or detention 
officer having direct contact with the public or with prisoners or 
detainees, to the extent that the information is relevant and necessary 
to the recipient agency's decision.
    I. To appropriate officials and employees of a Federal agency or 
entity

[[Page 26904]]

that requires information relevant to a decision concerning the hiring, 
appointment, or retention of an employee; the assignment, detail, or 
deployment of an employee; the issuance, renewal, suspension, or 
revocation of a security clearance; the execution of a security or 
suitability investigation; the letting of a contract, or the issuance 
of a grant or benefit.
    J. 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.
    K. To a Member 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, the individual who is the subject of the record.
    L. To the National Archives and Records Administration for purposes 
of records management inspections conducted under the authority of 44 
U.S.C. 2904 and 2906.
    M. To appropriate agencies, entities, and persons when (1) the 
Department suspects or has confirmed that there has been a breach of 
the system of records; (2) the Department has determined that as a 
result of the suspected or confirmed breach there is a risk of harm to 
individuals, the Department (including its information systems, 
programs, and operations), the Federal Government, or national 
security; and (3) the disclosure made to such agencies, entities, and 
persons is reasonably necessary to assist in connection with the 
Department's efforts to respond to the suspected or confirmed breach or 
to prevent, minimize, or remedy such harm.
    N. To another Federal agency or Federal entity, when the Department 
determines that information from this system of records is reasonably 
necessary to assist the recipient agency or entity in (1) responding to 
a suspected or confirmed breach, or (2) preventing, minimizing, or 
remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security, resulting from a 
suspected or confirmed breach.
    O. To any agency, organization, or individual for the purpose of 
performing authorized audit or oversight operations of the Department 
and meeting related reporting requirements.
    P. To such recipients and under such circumstances and procedures 
as are mandated by Federal statute or treaty.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are stored in an electronic form in a framework of computer 
systems that allows distributed processing of data sets across clusters 
of computers. Records are stored securely in accordance with applicable 
executive orders, statutes, and agency implementing recommendations. 
Electronic records are stored in databases and/or on hard disks, 
removable storage devices, or other electronic media. Hard copies of 
records may also be maintained in paper format, which will be stored in 
filing cabinets in a secure room.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by name or assigned Insight Program number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records in this system are retained and disposed of as Department-
wide legal and litigation training records, in accordance with the 
schedule approved by the Archivist of the United States, Job Number 
DAA-0060-2017-0009-0002.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Both electronic and paper records are safeguarded in accordance 
with appropriate laws, rules, and policies, including Department and 
CRT policies. The records are protected by physical security methods 
and dissemination/access controls. Direct access is controlled and 
limited to approved personnel with an official need for access to 
perform their duties. Paper files are stored: (1) In a secure room with 
controlled access; (2) in locked file cabinets; and/or (3) in other 
appropriate GSA approved security containers. Information systems and 
electronic records are protected by physical, technical, and 
administrative safeguards. Records are located in a building with 
restricted access and are kept in a locked room with controlled access 
or are safeguarded with approved encryption technology. The use of 
multifactor authentication is required to access electronic systems. 
Information may be transmitted to routine users on a need to know basis 
in a secure manner and to others upon verification of their 
authorization to access the information and their need to know. 
Internet connections are protected by multiple firewalls. Security 
personnel conduct periodic vulnerability scans using DOJ-approved 
software to ensure security compliance and security logs are enabled 
for all computers to assist in troubleshooting and forensics analysis 
during incident investigations.

RECORD ACCESS PROCEDURES:
    All requests for access to records must be in writing and should be 
addressed to the Civil Rights Division FOIA/Privacy Act Branch, Patrick 
Henry Building, Room 9154, 601 D St. NW, Washington, DC 20579, 
[email protected]. The envelope and letter should be clearly 
marked ``Privacy Act Access Request.'' The request must describe the 
records sought in sufficient detail to enable Department personnel to 
locate them with a reasonable amount of effort. The request must 
include a general description of the records sought and must include 
the requester's full name, current address, and date and place of 
birth. The request must be signed and either notarized or submitted 
under penalty of perjury. Although no specific form is required, you 
may obtain forms for this purpose from the FOIA/Privacy Act Mail 
Referral Unit, United States Department of Justice, 950 Pennsylvania 
Avenue NW, Washington, DC 20530, or on the Department of Justice 
website at https://www.justice.gov/oip/oip-request.html.
    More information regarding the Department's procedures for 
accessing records in accordance with the Privacy Act can be found at 28 
CFR part 16 Subpart D, ``Protection of Privacy and Access to Individual 
Records Under the Privacy Act of 1974.''

CONTESTING RECORD PROCEDURES:
    Individuals seeking to contest or amend records maintained in this 
system of records must direct their requests to the address indicated 
in the ``RECORD ACCESS PROCEDURES'' paragraph, above. All requests to 
contest or amend records must be in writing and the envelope and letter 
should be clearly marked ``Privacy Act Amendment Request.'' All 
requests must state clearly and concisely what record is being 
contested, the reasons for contesting it, and the proposed amendment to 
the record.
    More information regarding the Department's procedures for amending 
or contesting records in accordance with the Privacy Act can be found 
at 28 CFR 16.46, ``Requests for Amendment or Correction of Records.''

[[Page 26905]]

 NOTIFICATION PROCEDURES:
    Individuals may be notified if a record in this system of records 
pertains to them when the individuals request information utilizing the 
same procedures as those identified in the ``RECORD ACCESS PROCEDURES'' 
paragraph, above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    None.

[FR Doc. 2019-12152 Filed 6-7-19; 8:45 a.m.]
 BILLING CODE 4410-13-P