[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6318-6319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3679]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[AAG/A Order No. 115-96]
Exemption of Records System Under the Privacy Act
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: The Department of Justice, Bureau of Prisons (BOP), is
exempting a Privacy Act system of records from the following
subsections of the Privacy Act: (c)(3) and (4), (d), (e) (1), (2) and
(3), (e)(5) and (e)(8), and (g) of the Privacy Act, 5 U.S.C. 552a. This
system of records is the ``Access Control Entry/Exit System (JUSTICE/
BOP-010).''
The exemptions are necessary to preclude the compromise of
institution security, to ensure the safety of inmates, Bureau personnel
and the public, to protect third party privacy, to protect law
enforcement and investigatory information, and/or to otherwise ensure
the effective performance of the Bureau's law enforcement functions.
EFFECTIVE DATE: February 20, 1996.
FOR FURTHER INFORMATION CONTACT:
Patricia E. Neely (202) 616-0178.
SUPPLEMENTARY INFORMATION: On October 4, 1995 (60 FR 51962), a proposed
rule with invitation to comment was published in the Federal Register.
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, this order will not have a
significant economic impact on a substantial number of small entities.
List of Subjects in 28 CFR Part 16
Administrative Practices and Procedure, Freedom of Information Act,
Government in the Sunshine Act, and the Privacy 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,
28 CFR part 16 is amended as set forth below.
[[Page 6319]]
Dated: February 7, 1996.
Stephen R. Colgate,
Assistant Attorney General for Administration.
PART 16--[AMENDED]
1. The authority citation for part 16 continues to read as follows:
Authority: 5 U.S.C. 301, 552, 552a, 552b(g) and 553; 18 U.S.C.
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717 and 9701.
2. 28 CFR 16.97 is amended by redesignating paragraph (c) as
paragraph (i), by revising the first sentence of newly-redesignated
paragraph (i), and by adding paragraphs (c) and (d) to read as follows:
Sec. 16.97 Exemption of Federal Bureau of Prisons (BOP) Systems--
limited access.
* * * * *
(c) The following system of records is exempted pursuant to 5
U.S.C. 552a(j)(2) from subsections (c)(3) and (4), (d), (e)(1), (2) and
(3), (e)(5) and (e)(8), and (g). In addition, the following system of
records is exempted pursuant to 5 U.S.C. 552a(k)(2) from subsections
(c)(3), (d), and (e)(1):
Bureau of Prisons Access Control Entry/Exit, (JUSTICE/BOP-010).
(d) These exemptions apply only to the extent that information in
these systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2)
or (k)(2). Where compliance would not appear to interfere with or
adversely affect the law enforcement process, and/or where it may be
appropriate to permit individuals to contest the accuracy of the
information collected, e.g. public source materials, or those supplied
by third parties, the applicable exemption may be waived, either
partially or totally, by the BOP. Exemptions from the particular
subsections are justified for the following reasons:
(1) From subsection (c)(3) for similar reasons as those enumerated
in paragraph (3).
(2) From subsection (c)(4) to the extent that exemption from
subsection (d) will make notification of corrections or notations of
disputes inapplicable.
(3) From the access provisions of subsection (d) to the extent that
exemption from this subsection may appear to be necessary to prevent
access by record subjects to information that may jeopardize the
legitimate correctional interests of safety, security, and good order
of Bureau of Prisons facilities; to protect the privacy of third
parties; and to protect access to relevant information received from
third parties, such as other Federal State, local and foreign law
enforcement agencies, Federal and State probation and judicial offices,
the disclosure of which may permit a record subject to evade
apprehension, prosecution, etc.; and/or to otherwise protect
investigatory or law enforcement information, whether received from
other third parties, or whether developed internally by the BOP.
(4) From the amendment provisions of subsection (d) because
amendment of the records would interfere with law enforcement
operations and impose an impossible administrative burden. In addition
to efforts to ensure accuracy so as to withstand possible judicial
scrutiny, it would require that law enforcement and investigatory
information be continuously reexamined, even where the information may
have been collected from the record subject. Also, where records are
provided by other Federal criminal justice agencies or other State,
local and foreign jurisdictions, it may be administratively impossible
to ensure compliance with this provision.
(5) From subsection (e)(1) to the extent that the BOP may collect
information that may be relevant to the law enforcement operations of
other agencies. In the interests of overall, effective law enforcement,
such information should be retained and made available to those
agencies with relevant responsibilities.
(6) From subsection (e)(2) because primary collection of
information directly from the record subject is often highly
impractical, inappropriate and could result in inaccurate information.
(7) From subsection (e)(3) because compliance with this subsection
may impede the collection of information that may be valuable to law
enforcement interests.
(8) From subsection (e)(5) because in the collection and
maintenance of information for law enforcement purposes, it is
impossible to determine in advance what information is accurate,
relevant, timely and complete. Data which may seem unrelated,
irrelevant or incomplete when collected may take on added meaning or
significance as an investigation progresses or with the passage of
time, and could be relevant to future law enforcement decisions.
(9) From subsection (e)(8) because the nature of BOP law
enforcement activities renders notice of compliance with compulsory
legal process impractical and could seriously jeopardize institution
security and personal safety and/or impede overall law enforcement
efforts.
(10) From subsection (g) to the extent that the system is exempted
from subsection (d).
* * * * *
(i) Consistent with the legislative purpose of the Privacy Act of
1974 (Pub. L. 93-579) the BOP has initiated a procedure whereby federal
inmates in custody may gain access and review their individual prison
files maintained at the institution of incarceration. * * *
[FR Doc. 96-3679 Filed 2-16-96; 8:45 am]
BILLING CODE 4410-05-M
