[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Proposed Rules]
[Pages 68217-68218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32866]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF JUSTICE
28 CFR Part 16
[AAG/A Order No. 157-98]
Exemption of Records System Under the Privacy Act
AGENCY: Department of Justice.
ACTION: Proposed Rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Justice proposes to exempt 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.
DATE: Submit any comments by January 11, 1998.
ADDRESS: Address all comments to Patricia E. Neely, Program Analyst,
Information Management and Security Staff, Justice Management Division,
Department of Justice, Washington, DC 20530 (Room 850 WCTR Building).
FOR FURTHER INFORMATION CONTACT: Patricia E. Neely, (202) 616-0178.
SUPPLEMENTARY INFORMATION: In the notice section of today's Federal
Register, the Department of Justice provides a description of the
``Freedom of Information/Privacy Acts (FOI/PA) Records (JUSTICE/OPR-
002).''
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 Practices and Procedures, Courts, Freedom of
Information Act, Privacy Act, and Government in Sunshine Act.
Dated: November 20, 1998.
Stephen R. Colgate,
Assistant Attorney General for Administration.
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 part 16 as follows:
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. It is proposed to amend 28 CFR 16.80 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).
[[Page 68218]]
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
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
personnel 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. 98-32866 Filed 12-9-98; 8:45 am]
BILLING CODE 4410-28-M
