NCJ Number
60127
Date Published
1977
Length
109 pages
Annotation
THE ADEQUACY OF PUBLICATION NOTICES ISSUED BY THE FEDERAL BUREAU OF INVESTIGATION (FBI) FOR ITS CENTRAL RECORDS SYSTEM AND OTHER PUBLISHED RECORD SYSTEMS IS ANALYZED IN RELATION TO PROVISIONS OF THE PRIVACY ACT.
Abstract
TO IDENTIFY VARIOUS INDEXES MAINTAINED BY THE FBI FOR INVESTIGATIVE PURPOSES, INFORMATION WAS OBTAINED FROM FBI HEADQUARTERS AND ITS 59 FIELD OFFICES AND 14 FOREIGN LIAISON OFFICES. TWO MAJOR POINTS WERE EXPLORED IN ANALYZING THE ADEQUACY OF THE FBI'S PUBLICATION NOTICES: (1) WHETHER THE PRIVACY ACT REQUIRES THAT THE FBI PUBLISH A SEPARATE NOTICE FOR EACH INDEX MAINTAINED; AND (2) WHETHER THE FBI'S NOTICE FOR THE CENTRAL RECORDS SYSTEM AND OTHER RECORD SYSTEMS SHOULD PROVIDE MORE DETAIL ABOUT CATEGORIES OF INFORMATION THEY CONTAIN. THE PRIVACY ACT REQUIRES THAT AGENCIES PUBLISH A NOTICE OF THE EXISTENCE AND CHARACTER OF EACH SYSTEM OF RECORDS AT LEAST ANNUALLY IN THE FEDERAL REGISTER (FR). IN ITS GUIDELINES FOR IMPLEMENTING THE PRIVACY ACT, THE OFFICE OF MANAGEMENT AND BUDGET SUGGESTS SEVERAL FACTORS FOR AGENCIES TO CONSIDER IN DETERMINING WHAT SHOULD BE INCLUDED IN A SINGLE RECORDS SYSTEM. IF SMALL GROUPINGS OF RECORDS ARE TREATED AS SEPARATE SYSTEMS, NOTICES AND PROCEDURES ARE REQUIRED FOR EACH; IF A LARGE COMPLEX OF RECORDS IS TREATED AS A SINGLE SYSTEM, ONLY ONE NOTICE IS NECESSARY; AND A MAJOR CRITERION FOR DETERMINING WHETHER A GROUP OF RECORDS CONSTITUTES ONE OR SEVERAL SYSTEMS IS THE ABILITY OF AN AGENCY TO RESPOND TO INDIVIDUAL REQUESTS FOR ACCESS TO RECORDS. UNTIL APRIL 1977, DESCRIPTIONS IN THE FBI'S CENTRAL RECORDS SYSTEM WERE GENERAL AND THUS INADEQUATE FOR PUBLIC ACCESS. SINCE THAT TIME, HOWEVER, NOTICES IN THE FR DESCRIBE CATEGORIES MORE SPECIFICALLY AND PROVIDE A BETTER BASIS FOR DETERMINING WHAT FILES THE FBI MAINTAINS. THE ATTORNEY GENERAL SHOULD REQUIRE THE FBI DIRECTOR TO MAKE NONRETRIEVABLE NAMES AND OTHER INFORMATION ON SPECIAL INDEXES RETRIEVABLE AS PART OF A SYSTEM OF RECORDS ALREADY PUBLISHED IN THE FR, TO PUBLISH A SEPARATE NOTICE IN THE FR FOR EACH NONRETRIEVABLE SPECIAL INDEX, AND TO DESTROY WHEN PERMISSIBLE NAMES AND OTHER INFORMATION IN SPECIAL INDEXES THAT ARE NOT RETRIEVABLE THROUGH A PUBLISHED SYSTEM OF RECORDS. THE FBI SHOULD ALSO BE REQUIRED TO ISSUE STANDARD POLICIES AND PROCEDURES FOR HANDLING SPECIAL INDEXES TO ASSURE COMPLIANCE WITH THE PRIVACY ACT. ADDITIONAL INFORMATION ON FBI RECORDKEEPING IS APPENDED. (DEP)