Federal Bureau of Investigation (FBI)
Published a SORN
including Routine Use notices
at [k still looking for official citation]
#FAS posted it (or a compilation) at: http://www.fas.org/irp/agency/doj/fbi/is/crs.htm
#In recent years, FBI has exempted CRS from many of the Privacy Act requirements
#See, 28 CFR Section 16.96
#However, this material - required by 5 USC 552a(e)(4) would not be exempt
Additional Routine Uses
have been published at
70 FR 7513
The FBI
is the owner of a System of Records
called "Central Records System"
"CRS"
or "FBI-002"
Data-category includes
people, including but not limited to
a) subjects, suspects, victims, witnesses, close family and associates,
who relate to official FBI investigations;
b) applicants for employment and people relevant to them;
c) subjects of unsolicited information, offerors of information, requestors of information, requestors of assistance
Data-source is
investigation or
information voluntarily provided by
government agencies
law enforcement agencies
general public
informants
witnesses
public source material
#"public source" is anything that a member of the general public could access
Authorized-purposes are
criminal law enforcement
counterintelligence
FBI Legal-authority is
28 USC 533
#Congress grants US Attorney General authority to appoint people to detect crimes
28 CFR 0.85
#US Attorney General delegates that authority to the FBI
EO 12333
#President delegates authority to the FBI for foreign counterintelligence within the borders of the US
FBI has published
10 Blanket Routine Uses (BRUs)
#BRUs cover more than one SOR
#These are described as being for the purpose of standardizing wording!
at 66 FR 33558
BRU-1
BRU-1 data-recipient
any government entity
if it has enforcement authority
to which the data relates
#"[any] appropriate entity (whether federal, state, local, joint, tribal, foreign, or international), that is charged with the responsibility of investigating,
#prosecuting, and/or enforcing such law, regulation, rule, order, or contract."
BRU-1 data-category is
any record
# "any system record [which] on its face or in conjunction with other information, indicates a violation or potential violation of law (whether civil or
# criminal), regulation, rule, order, or contract,"
BRU -1 authorized-purpose
criminal law enforcement
civil law enforcement
BRU-2
BRU-2 data-recipient is
Non-FBI Employees, including
contractors,
grantees,
experts,
consultants,
students,
or others performing or working on a contract, service, grant, cooperative agreement, or other assignment for the Federal Government,
BRU-2 data-category is
any record necessary to perform an FBI function
BRU-2 authorized-purpose is
criminal law enforcement
foreign counterintelligence
agency administration
# "when necessary to accomplish an agency function"
BRU-3
BRU-3 data-receipient is
news media or
members of the general public
BRU-3 data-category is
#not stated explicitly
BRU-3 authorized-purpose
criminal law enforcement
public safety
sub-purpose examples:
to assist in locating fugitives; to provide notifications of arrests; to communicate information on potential threats to life, health, or property
provide alerts, assessments, or similar information on X or to keep the public appropriately informed of other law enforcement or FBI matters or other
matters of legitimate public interest
exception:
unwarranted invasion of personal privacy
# The availability of information in pending criminal or civil cases will be governed by the provisions of 28 CFR 50.2.
BRU-4
BRU-4 data-recipient is
Courts or Adjudicative Bodies.
BRU-4 data-category is
any record arguably relevant to a litigation
BRU-4 authorized-purpose is
is or could be party to the litigation, likely to be affected by the litigation, or has an
official interest in the litigation
Parties include:
(a) the FBI or any FBI employee in his or her official capacity,
(b) any FBI employee in his or her individual capacity where the Department of Justice has agreed to represent the employee, or
(c) the United States, is or could be a party to the litigation
(d) non-FBI employees included under BRU-2 recipients
BRU-5
BRU-5 data-recipient is
Parties, potential parties, and their attorneys in litigation
BRU-5 data-category is
any record arguably relevant to a litigation
if the FBI FBI has an official interest in the litigation
BRU-5 authorized-purpose is
litigation settlement negotiation
informal discovery
BRU-6
BRU-6 data-recipient is
any person or organization
BRU-6 data-category is
any record
BRU-6 authorized-purpose is
Mandated by Law.
#"under such circumstances and procedures as are mandated by Federal statute or treaty"
BRU-7
BRU-7 data-recipient is
Member of Congress
person on Member's staff
BRU-7 data-category is
record about an individual
BRU-7 authorized-purpose is
direct representation of the individual who is the subject of the record
#"when the request is made on behalf and at the request of the individual who is the subject of the record"
BRU-8
BRU-8 data-recipient is
National Archives (also called "NARA")
General Services Administration (also called "GSA")
BRU-8 data-category is
any data
BRU-8 authorized-purpose is
records management
BRU-8 legal-authority is
44 USC 2904
44 USC 2906
BRU-9
BRU-9 data-recipient is
Anyone from any agency, organization, or individual
BRU-9 data-category is
any data
BRU-9 authorized-purpose
authorized audit of the FBI
authorized oversight operations of the FBI
and meeting related reporting requirements
BRU-10
BRU-10 data-recipient is
former DOJ employee
BRU-10 data-category is
any data, relevant and necessary
BRU-10 authorized-purpose is
a) responding to an official inquiry from US government, state government, local government, professional licensing authority
in accordance with applicable Department regulations
b) 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 regarding a matter within that person's former area of responsibilites
Procedures in 28 CFR sections 16.300-301 and DOJ Order 2710.8C