[Federal Register Volume 60, Number 191 (Tuesday, October 3, 1995)]
[Proposed Rules]
[Pages 51764-51765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24471]
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DEPARTMENT OF DEFENSE
Defense Investigative Service
32 CFR Part 321
Privacy Program
AGENCY: Defense Investigative Service, DOD.
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ACTION: Proposed rule.
SUMMARY: The Defense Investigative Service proposes to exempt a system
of records identified as V5-04, entitled Counterintelligence Issues
Database (CII-DB), from certain provisions of 5 U.S.C. 552a. Exemption
is needed to comply with prohibitions against disclosure of information
provided the government under a promise of confidentiality and to
protect privacy rights of individuals identified in the system of
records.
DATES: Comments must be received no later than December 4, 1995, to be
considered by the agency.
ADDRESSES: Send comments to the Chief, Office of Information and Public
Affairs (V0020), Defense Investigative Service, 1340 Braddock Place,
Alexandria, VA 22314-1651.
FOR FURTHER INFORMATION CONTACT: Mr. Dale Hartig at (703) 325-5324.
SUPPLEMENTARY INFORMATION:
Executive Order 12866
The Director, Administration and Management, Office of the
Secretary of Defense has determined that this proposed Privacy Act rule
for the Department of Defense does not constitute ``significant
regulatory action''. Analysis of the rule indicates that it does not
have an annual effect on the economy of $100 million or more; does not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; does not materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs
or the rights and obligations of recipients thereof; does not raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in Executive Order
12866 (1993).
Regulatory Flexibility Act of 1980
The Director, Administration and Management, Office of the
Secretary of Defense certifies that this Privacy Act rule for the
Department of Defense does not have significant economic impact on a
substantial number of small entities because it is concerned only with
the administration of Privacy Act systems of records within the
Department of Defense.
Paperwork Reduction Act
The Director, Administration and Management, Office of the
Secretary of Defense certifies that this Privacy Act proposed rule for
the Department of Defense imposes no information requirements beyond
the Department of Defense and that the information collected within the
Department of Defense is necessary and consistent with 5 U.S.C. 552a,
known as the Privacy Act of 1974.
List of Subjects in 32 CFR Part 321
Privacy.
Accordingly, 32 CFR part 321 is amended as follows:
1. The authority citation for 32 CFR part 321 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C.552a).
2. Section 321.14, paragraph (g) is redesignated as (h) and a new
paragraph (g) is added as follows:
Sec. 321.14 Exemptions.
* * * * *
(g) System identifier. VDIS V50904.
(1) System name. Counterintelligence Issues Database (CII-DB).
(2) Exemption. Portions of this system of records that fall within
the provisions of 5 U.S.C. 552a(k)(1), (k)(2), (k)(3) and (k)(5) may be
exempt from the following subsections (c)(3); (d)(1) through (d)(5);
(e)(1); (e)(4)(G), (H), and (I); and (f).
[[Page 51765]]
(3) Authority. 5 U.S.C. 552a(k)(1), (k)(2), (k)(3) and (k)(5).
(4) Reasons. From subsection (c)(3) because giving the individual
access to the disclosure accounting could alert the subject of an
investigation to the existence and nature of the investigation and
reveal investigative or prosecutive interest by other agencies,
particularly in a joint-investigation situation. This would seriously
impede or compromise the investigation and case preparation by
prematurely revealing its existence and nature; compromise or interfere
with witnesses or make witnesses reluctant to cooperate with the
investigators; lead to suppression, alteration, fabrication, or
destruction of evidence; and endanger the physical safety of
confidential sources, witnesses, law enforcement personnel and their
families.
From subsection (d) because the application of these provisions
could impede or compromise an investigation or prosecution if the
subject of an investigation had access to the records or were able to
use such rules to learn of the existence of an investigation before it
would be completed. In addition, the mere notice of the fact of an
investigation could inform the subject and others that their activities
are under or may become the subject of an investigation and could
enable the subjects to avoid detection or apprehension, to influence
witnesses improperly, to destroy evidence, or to fabricate testimony.
From subsection (e)(1) because during an investigation it is not
always possible to detect the relevance or necessity of each piece of
information in the early stages of an investigation. In some cases, it
is only after the information is evaluated in light of other evidence
that its relevance and necessity will be clear. In other cases, what
may appear to be a relevant and necessary piece of information may
become irrelevant in light of further investigation. In addition,
during the course of an investigation, the investigator may obtain
information that related primarily to matters under the investigative
jurisdiction of another agency, and that information may not be
reasonably segregated. In the interest of effective law enforcement,
DIS investigators should retain this information, since it can aid in
establishing patterns of criminal activity and can provide valuable
leads for Federal and other law enforcement agencies.
From subsections (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) because
this system is exempt from subsection (d) of the Act, concerning access
to records. These requirements are inapplicable to the extent that
these records will be exempt from these subsections. However, DIS has
published information concerning its notification and access
procedures, and the records source categories because under certain
circumstances, DIS could decide it is appropriate for an individual to
have access to all or a portion of his/her records in this system of
records.
* * * * *
Dated: September 28, 1995.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense
[FR Doc. 95-24471 Filed 10-2-95; 8:45 am]
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