[Federal Register Volume 59, Number 38 (Friday, February 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4215]
[[Page Unknown]]
[Federal Register: February 25, 1994]
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PANAMA CANAL COMMISSION
35 CFR Part 10
RIN 3207-AA33
Implementation of the Privacy Act of 1974
AGENCY: Panama Canal Commission.
ACTION: Final rule.
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SUMMARY: On October 19, 1993, the Panama Canal Commission published for
notice and comment a proposed rule amending 35 CFR part 10, the
agency's existing Privacy Act regulations, (1) to update Secs. 10.21
``General Exemptions'' and 10.22 ``Specific Exemptions'' by amending
alphanumerical designations and titles, deleting obsolete systems and
more precisely stating the exemptions pursuant to the Privacy Act of
1974 and OMB Circular A-130, and (2) to exempt two new systems of
records maintained by the Office of Inspector General (OIG) and one
existing system which was relocated to OIG (See 58 FR 53897). A notice
establishing these two new systems of records and the amendment of the
existing system appeared at 58 FR 53966. The Panama Canal Commission
did not receive any comments on the proposed rule. Therefore, the
Panama Canal Commission has exempted these systems of records from
certain provisions of the Privacy Act.
EFFECTIVE DATE: March 24, 1994.
FOR FURTHER INFORMATION CONTACT:
Mrs. Barbara Fuller, Assistant to the Secretary for Commission Affairs,
Panama Canal Commission, International Square, 1825 I Street, NW.,
Suite 1050, Washington, DC 20006-5402. Telephone (202) 634-6441.
SUPPLEMENTARY INFORMATION: The Panama Canal Commission has revised 35
CFR part 10, Secs. 10.21 and 10.22 by updating the number and category
of exempt systems of records currently maintained by the agency. The
Customs Division, Police Division and the Probation and Parole Unit of
the former Canal Zone Government were disestablished in 1982 pursuant
to the provisions of the Panama Canal Treaty of 1977. Exempt systems of
records maintained by those units were transferred to the Commission's
Agency Records Center located in the Republic of Panama and to Federal
Records Centers in the United States and are no longer actively in use
or have been destroyed. Pursuant to subsection (1) of the Privacy Act,
inactive records transferred to records centers continue to be subject
to the same rules and procedures as active records maintained by the
agency. Of the active exempt files, several alphanumerical designations
and system names have been changed due to reorganization or the
transfer of duties to other departments. These revisions were published
in 52 FR 49541, Dec. 31, 1987, however, due to administrative oversight
were not revised in 35 CFR 10.21 and 10.22. The following
alphanumerical designations have been amended:
The Office of Financial Management PCC/FMAK-1, ``Claims Files,''
was reorganized and portions relocated to the Office of General Counsel
PCC/GCCL-1, ``Marine Accident/Miscellaneous General Claims,'' the
investigatory portion of which is exempt, and other portions remained
in the Office of Financial Management, but redesignated as PCC/FMCL-1
which is not exempt;
The Marine Bureau redesignated PCC/MRPA-1 as PCC/MRNA-1; The
General Services Bureau PCC/GSIS, ``Personnel Security Files,'' were
relocated to the Office of Personnel Administration and designated as
PCC/PR-7, ``Personnel Reference Unit Files.''
The title of the General Services Bureau PCC/GSCP-2, ``Canal
Protection Division Activity Report Files,'' was amended to ``Canal
Protection Division Incident Report Files.''
The Office of Personnel Administration system designated as PCC/PR-
11, ``Minority Group Designator Records'' has been deleted because the
Government-wide OPM/GOVT-7, ``Applicant Race, Sex, National Origin, and
Disability Status Records'' is applicable to this system. Likewise, the
Personnel Board system designated as PCC/PB-1, ``Merit System
Recruiting, Examining and Placement Records'' has been deleted because
the Government-wide OPM/GOVT-5, ``Recruiting, Examination and Placement
Records is applicable to this system.
The following active and inactive systems have been destroyed and
are hereby removed:
PCC/AMSE-2, Cardex file Contraband Violations;
PCC/CALS, Driver's License Investigatory File;
PCC/GSPL-5, Prisoner Record Cards;
PCC/GSPL-8, Pending Detective Investigation Records;
PCC/GSPL-9, Informant Name File;
PCC/GSPL-12, Youth Unit Name Index File;
PCC/OM-1, Ombudsman Investigation Files.
The Inspector General has determined that the existing ``Cash Audit
Files'' system of records is in need of updating due to its relocation
to the Office of Inspector General. The alphanumerical designation has
changed from PCC/GA-1 to PCC/OIG-3. In addition, all references to the
Office of General Audit have been changed to Office of Inspector
General and references to General Auditor have been changed to
Inspector General.
The Inspector General has also undertaken an internal review of its
compliance with the Privacy Act and has determined that two new systems
of records are necessary in order to account for information maintained
about individuals. These new systems are exempt from certain provisions
of the Privacy Act under subsections (j) or (k).
In the process of reviewing the proposed rule published on October
19, 1993, (58 FR 53897) an editorial error listing exemption (i) of 5
U.S.C. 552a was noticed. This oversight has been corrected and
exemption (i) has been removed.
Since the Commission has been exempted from Executive Order 12866,
the provisions of that Order do not apply for this rule. Even if that
were the case, this rule would not have a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act.
The Administrator has certified to the Office of Management and
Budget that these changes in regulations meet the applicable standards
provided in section 2 of Executive Order 12778.
Finally, the rule does not impose any new information collection
requirements within the Paperwork Reduction Act.
List of Subjects in 35 CFR Part 10
Privacy.
Accordingly, 35 CFR Part 10 is amended as follows:
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PART 10--ACCESS TO INFORMATION ABOUT INDIVIDUALS
1. The authority citation for part 10 continues to read as follows:
Authority: 5 U.S.C. 552a.
2. Section 10.21 is revised to read as follows:
Sec. 10.21 General exemptions.
(a) The following systems of records are eligible for exemption
under 5 U.S.C. 552a(j)(2) because each system is maintained by a
component of the agency, or subcomponent, which performs as its
principal function the enforcement of criminal laws, and which contains
investigatory material compiled for criminal law enforcement purposes.
Accordingly, these systems are exempt from the following sections of
552a of 5 U.S.C.: (c) (3) and (4); (d); (e) (1), (2) and (3); (e)(4)
(G) and (H); (e) (5); (e)(8); (f); (g); and (h).
(1) PCC/GSCP-2, Canal Protection Division Incident Report Files;
(2) PCC/OIG-1, Investigative Files of the Office of Inspector
General;
(3) PCC/OIG-2, Allegation/Complaint Files of the Office of
Inspector General;
(4) PCC/OIG-3, Cash Audit Files.
(b) The systems of records listed below, although no longer
actively in use, continue to be subject to general exemption pursuant
to 5 U.S.C. 552a(j)(2) because they were compiled by a component, or
subcomponent, of the agency which performed as its principal function
the enforcement of criminal laws, and which contain investigatory
material compiled for criminal law enforcement purposes. Accordingly,
the following systems of records are exempt from subsections (c)(3) and
(4); (d); (e)(1), (2) and (3); (e)(4) (G) and (H); (e)(5); (e)(8); (f);
(g); and (h) of 5 U.S.C. 552a:
(1) PCC/AEPR-1, Probation and Parole Unit Child Custody Reports;
(2) PCC/AEPR-2, Presentence and Preparole Investigation Reports;
(3) PCC/AEPR-3, Probation and Parole Unit Statistical File;
(4) PCC/GSPL-1, Law Enforcement Case Report File;
(5) PCC/GSPL-2, Police Headquarters Confidential File;
(6) PCC/GSPL-3, Detective Confidential Files;
(7) PCC/GSPL-4, Convict Files;
(8) PCC/GSPL-6, Police Photo Files;
(9) PCC/GSPL-7, Fingerprint File;
(10) PCC/GSPL-10, Master Name File;
(c) Exemptions from the particular subsections are justified for
the following reasons:
(1) From (c)(3) because release of an accounting of disclosures to
an individual who is the subject of an investigation could reveal the
nature and scope of the investigation and could result in the altering
or destruction of evidence, improper influencing of witnesses and other
evasive action that could impede or compromise the investigation.
(2) From (c)(4) because this subsection is inapplicable to the
extent that an exemption is being claimed for subsection (d).
(3) From subsection (d) because access to the records contained in
these systems would inform the subject of a criminal or civil
investigation, matter or case of the existence of such, and provide the
subject with information that might enable him or her to avoid
detection, apprehension or legal obligations, and present a serious
impediment to law enforcement and other civil remedies. Amendment of
the records would impose an impossible administrative burden by
requiring investigations to be continuously reinvestigated.
(4) From subsection (e)(1) because it is often impossible to
determine relevance or necessity of information in the early stages of
an investigation. The value of such information is a question of
judgment and timing; what appears relevant and necessary when collected
may ultimately be evaluated and viewed as irrelevant and unnecessary to
an investigation. In addition, information may be obtained concerning
the violation of laws other than those within the scope of its
jurisdiction. In the interest of effective law enforcement, information
should be retained because it may aid in establishing patterns of
unlawful activity and provide leads for other law enforcement agencies.
Further, in obtaining evidence during an investigation, information may
be provided which relates to matters incidental to the main purpose of
the investigation but which may be pertinent to the investigative
jurisdiction of another agency. Such information cannot readily be
identified.
(5) From subsection (e)(2) because in a law enforcement
investigation it is usually counterproductive to collect information to
the greatest extent practicable directly from the subject thereof. It
is not always feasible to rely upon the subject of an investigation as
a source for information which may implicate him or her in illegal
activities. In addition, collecting information directly from the
subject could seriously compromise an investigation by prematurely
revealing its nature and scope, or could provide the subject with an
opportunity to conceal criminal activities, or intimidate potential
sources, in order to avoid apprehension.
(6) From subsection (e)(3) because providing such notice to the
subject of an investigation, or to other individual sources, could
seriously compromise the investigation by prematurely revealing its
nature and scope, or could inhibit cooperation, or permit the subject
to evade apprehension.
(7) From (e)(4) (G) and (H); (f); (g); and (h) because these
provisions concern an individual's access to records which concern him
and such access to records in this system would compromise
investigations, reveal investigatory techniques and confidential
informants, and invade the privacy of private citizens who provide
information in connection with a particular investigation.
(8) From subsection (e)(5) because in the collection of information
for law enforcement purposes it is impossible to determine what
information is accurate, relevant, timely, and complete. With the
passage of time, seemingly irrelevant or untimely information may
acquire new significance as further investigation brings new details to
light and the accuracy of such information can only be determined in a
court of law. The restrictions of subsection (e)(5) would restrict the
ability of trained investigators to exercise their judgment in
reporting on investigations and impede the development of information
necessary for effective law enforcement.
(9) From subsection (e)(8) because the application of this
provision could prematurely reveal an ongoing criminal investigation to
the subject of the investigation and could reveal investigative
techniques, procedures or evidence.
3. Section 10.22 is revised to read as follows:
Sec. 10.22 Specific exemptions.
(a) The following systems of records are eligible for exemption
under 5 U.S.C. 552a(k)(2) because they contain investigatory material
compiled for law enforcement purposes, other than material within the
scope of subsection (j)(2) of 5 U.S.C. 552a. Provided, however, that if
any individual is denied any right, privilege or benefit that he would
otherwise be eligible, as a result of the maintenance of such material,
such material shall be provided to such individual, except to the
extent that the disclosure of such material would reveal the identity
of a source who furnished information to the Government under an
express promise that the identify of the source would be held in
confidence, or prior to January 1, 1975, under an implied promise that
the identity of the source would be held in confidence. Accordingly,
the following systems of records are exempt from (c)(3); (d); (e)(1);
(e)(4) (G) and (H); (f); (g); and (h) of 5 U.S.C. 552a.
(1) PCC/GSCP-2, Canal Protection Division Incident Report Files;
(2) PCC/OIG-1, Investigative Files of the Office of Inspector
General;
(3) PCC/OIG-2, Allegation/Complaint Files of the Office of
Inspector General;
(4) PCC/OIG-3, Cash Audit Files.
(5) PCC/FMAC-1, Embezzlements, Burglaries, and Cash Shortages;
(6) PCC/EO-2, Equal Employment Opportunity Complaint File;
(7) PCC/GCCL-1, Marine Accident/Miscellaneous General Claims Files;
(8) PCC/GSCS-2, Housing Complaints Files;
(9) PCC/GSCX-1, Administrative Reports, Transfer of Custody and
Official Complaint Files.
(10) PCC/AEPR-1, Probation and Parole Unit Child Custody Reports;
(11) PCC/AEPR-2, Presentence and Preparole Investigation Reports;
(12) PCC/AEPR-3, Probation and Parole Unit Statistical File;
(13) PCC/CAPS-2, Case Investigations;
(14) PCC/GSPL-1, Law Enforcement Case Report Files;
(15) PCC/GSPL-2, Police Headquarters Confidential File;
(16) PCC/GSPL-3, Detective Confidential Files;
(17) PCC/GSPL-4, Convict Files;
(18) PCC/GSPL-6, Police Photo Files;
(19) PCC/GSPL-7, Fingerprint File;
(20) PCC/GSPL-10, Master Name File;
(21) PCC/CZG-HL-2, Medical Administration System.
(b) Exemptions from the particular subsections are justified for
the following reasons:
(1) From subsection (c)(3) because the release of the accounting of
disclosures would permit the subject of a criminal investigation and/or
civil case or matter under investigation, in litigation, or under
regulatory or administrative review or action to obtain valuable
information concerning the nature of that investigation, case or matter
and present a serious impediment to law enforcement or civil legal
activities.
(2) From (d); (e)(4) (G) and (H); (f); (g); and (h) because these
provisions concern an individual's access to records which concern him
and such access to records in this system would compromise
investigations, reveal investigatory techniques and confidential
informants, and invade the privacy of private citizens who provide
information in connection with a particular investigation.
(3) From subsection (e)(1) because it is often impossible to
determine relevancy or necessity of information in the early stages of
an investigation. The value of such information is a question of
judgment and timing; what appears relevant and necessary when collected
may ultimately be evaluated and viewed as irrelevant and unnecessary to
an investigation. In addition, information may be obtained concerning
the violation of laws other than those within the scope of its
jurisdiction. In the interest of effective law enforcement, this
information should be retained because it may aid in establishing
patterns of unlawful activity and provide leads for other law
enforcement agencies. Further, in obtaining evidence during an
investigation, information may be provided which relates to matters
incidental to the main purpose of the investigation but which may be
pertinent to the investigative jurisdiction of another agency. Such
information cannot readily be identified.
(c) The following systems of records are eligible for exemption
under 5 U.S.C. 552a(k)(5) because they contain investigatory material
compiled solely for the purpose of determining suitability, eligibility
or qualifications for Federal civilian employment, military service,
Federal contracts, or access to classified information, but only to the
extent that the disclosure of such material would reveal the identity
of a source who furnished information to the Government under an
express promise that the identity of the source would be held in
confidence, or, prior to January 1, 1975, under an implied promise that
the identity of the source would be held in confidence. Accordingly,
these systems of records are exempt from 5 U.S.C. 552a(c)(3) and (d).
(1) PCC/FMAC-1, Embezzlements, Burglaries, and Cash Shortages;
(2) PCC/PB-2, Appeals, Grievances, Complaints and Assistance
Records;
(3) PCC/PB-3, Personnel Investigation Records;
(4) PCC/PR-5, Recruiting and Placement Records;
(5) PCC/PR-7, Personnel Reference Unit Files.
(6) PCC/OIG-1, Investigative Files of the Office of Inspector
General;
(7) PCC/OIG-2, Allegation/Complaint Files of the Office of
Inspector General;
(8) PCC/OIG-3, Cash Audit Files.
(d) Exemptions from the particular subsections are justified for
the following reasons:
(1) From (c)(3) because release of an accounting of disclosure to
an individual who is the subject of an investigation could compromise
the investigation.
(2) From (d) because access to or amendment of records in these
systems would reveal the identity(ies) of the source(s) of information
collected in the course of a background investigation. Such knowledge
might violate the explicit or implicit promise of confidentiality made
to the source during the investigation or constitute an unwarranted
invasion of the personal privacy of third parties, or reveal sensitive
investigative techniques and procedures. Such breaches could restrict
the free flow of information vital to a determination of a candidate's
qualifications and suitability.
(e) The following systems of records are eligible for exemption
under 5 U.S.C. 552a (k)(6) because they contain testing or examination
material used solely to determine individual qualifications for
appointment or promotion in the Federal service, the disclosure of
which would compromise the objectivity or fairness of the testing or
examination process. Accordingly, these systems of records are exempt
from 5 U.S.C. 552a(d).
(1) PCC/CZG/BRAE-1, Canal Zone Board of Registration for Architects
and Professional Engineers Reference Files;
(2) PCC/MRBL-1, Marine License Files;
(3) PCC/MRNA-1, Admeasurer Examination File;
(f) Exemptions from the particular subsections are justified for
the following reasons:
(1) The exemption from (d) is justified because portions of records
in these systems relate to testing or examining materials and are used
solely to determine individual qualifications for appointment or
promotion in the Federal service. Access to or amendment of this
information would compromise the objectivity and fairness of the
testing or examining process.
Dated: February 4, 1994.
Gilberto Guardia F.,
Administrator.
[FR Doc. 94-4215 Filed 2-24-94; 8:45 am]
BILLING CODE 3640-04-M
