Privacy Act: Systems of records,

[Federal Register: April 13, 1999 (Volume 64, Number 70)]

[Rules and Regulations]

[Page 17977-17978]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr13ap99-20]

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 159-99]

Exemption of Records System Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Final rule.

SUMMARY: The Department of Justice is exempting a Privacy Act system of records from subsection (d) of the Privacy Act, 5 U.S.C. 552a. This system of records is the ``Freedom of Information/Privacy Acts (FOI/PA) Records, (JUSTICE/OPR-002).'' Records in this system may contain information which relates to official Federal investigations and matters of law enforcement of the Office of Professional Responsibility (OPR). Accordingly, where applicable, the exemptions are necessary to avoid interference with the law enforcement functions of OPR. Specifically, the exemptions are necessary to prevent subjects of investigations from frustrating the investigatory process; preclude the disclosure of investigative techniques; protect the identities and physical safety of confidential sources and of law enforcement personnel; ensure OPR's ability to obtain information from information sources; protect the privacy of third parties; and safeguard classified information as required by Executive Order 12958.

DATES: This rule will be effective April 13, 1999.

FOR FURTHER INFORMATION CONTACT: Mary Cahill, (202) 307-1823.

SUPPLEMENTARY INFORMATION: A proposed rule with invitation to comment was published in the Federal Register on December 10, 1998. No comments were received.

This Order relates to individuals rather than small business entities. Nevertheless, pursuant to the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601-612, it is hereby stated that the order will not have ``a significant economic impact on a substantial number of small entities.''

List of Subjects in Part 16

Administrative Practice and Procedures, Courts, Freedom of Information Act, Privacy Act, and Government in Sunshine Act.

Pursuant to the authority vested in the Attorney General by 5 U.S.C. 552a and delegated to me by Attorney General Order No. 793-78, it is proposed to amend 28 CFR 16.80 by adding paragraphs (c) and (d) as set forth below.

Dated: March 26, 1999. Stephen R. Colgate, Assistant Attorney General for Administration.

PART 16--[AMENDED]

1. The authority for Part 16 continues to read as follows:

   Authority: 5 U.S.C. 301, 552, 552a, 552b(g), 553, 18 U.S.C. 4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, 9701.

2. 28 CFR 16.80 is amended by adding paragraphs (c) and (d) to read as follows:

   Sec. 16.80 Exemption of Office of Professional Responsibility (OPR) System--limited access.

   * * * * *

   (c) The following system of records is exempted from 5 U.S.C. 552a(d).

   (1) Freedom of Information/Privacy Act (FOI/PA) Records (JUSTICE/ OPR-002).

   This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). To the extent that information in a record pertaining to an individual does not relate to national defense or foreign policy, official Federal investigations and/or law enforcement matters, the exemption does not apply. In addition, where compliance would not appear to interfere with or adversely affect the overall law enforcement process, the applicable exemption may be waived by OPR.

   (d) Exemption from subsection (d) is justified for the following reasons:

   (1) From the access and amendment provisions of subsection (d) because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation; of the nature and scope of the information and evidence obtained as to his activities; of the identity of confidential sources, witnesses, and law enforcement personnel; and of information that may enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement where they prevent the successful completion of the investigation, endanger the physical safety of confidential sources, witnesses, and law enforcement personnel, and/or lead to the improper influencing of

   [[Page 17978]]

   witnesses, the destruction of evidence, or the fabrication of testimony. In addition, granting access to such information could disclose security-sensitive or confidential business information or information that would constitute an unwarranted invasion of the personal privacy of third parties. Finally, access to the records could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an enormous administrative burden by requiring investigations to be continuously reinvestigated.

   [FR Doc. 99-9139Filed4-12-99; 8:45 am]

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