[Federal Register Volume 62, Number 122 (Wednesday, June 25, 1997)]
[Rules and Regulations]
[Pages 34169-34170]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16595]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[AAG/A Order No. 137-97]
Exemption of Records Systems Under the Privacy Act
AGENCY: Department of Justice.
ACTION: Final rule.
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SUMMARY: The Department of Justice is exempting a Privacy Act system of
records from subsections (c) (3) and (4); (d); (e) (1), (2), (3), (5)
and (8); and (g) of the Privacy Act, 5 U.S.C. 552a. This system of
records is maintained by the Immigration and Naturalization Service
(INS) and is entitled ``Office of Internal Audit Investigations Index
and Records, JUSTICE/INS-002.'' Information in this system relates to
official Federal investigations and law enforcement matters of the
Office of Internal Audit of the INS, pursuant to the Inspector General
Act of 1978, 5 U.S.C. App., as amended by the Inspector General Act
amendments of 1988. The exemptions are necessary to avoid interference
with certain internal law enforcement functions of the INS for which
records falling within the scope of subsections (j)(2) and (k)(2) may
be generated. Specifically, the exemptions are necessary to prevent
subjects of investigations from frustrating the investigatory process;
to preclude the disclosure of investigative techniques; to protect the
identities and physical safety of confidential informants and of law
enforcement personnel; to ensure OIA's ability to obtain information
from information sources; and to protect the privacy of third parties.
EFFECTIVE DATE: June 25, 1997.
FOR FURTHER INFORMATION CONTACT: Patricia E. Neely--202-616-0178.
SUPPLEMENTARY INFORMATION: On March 7, 1997 (62 FR 10495) a proposed
rule was published in the Federal Register with an invitation to
comment. 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 Practices and Procedures, Courts, Freedom of
Information Act, Government in the Sunshine Act, 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.
Dated: June 6, 1997.
Stephen R. Colgate,
Assistant Attorney General for Administration.
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 16.99 is amended by adding paragraphs (g) and (h) to read
as follows:
Sec. 16.99 Exemption of the Immigration and Naturalization Service
Systems-limited access.
* * * * *
(g) The Office of Internal Audit Investigations Index and Records
(Justice/INS-002) system of records is exempt under the provisions of 5
U.S.C. 552a(j)(2) from subsections (c)(3) and (4); (d); (e)(1), (2),
(3), (5) and (8); and (g), but only to the extent that this system
contains records within the scope of subsection (j)(2), and to the
extent that records in the system are subject to exemption therefrom.
In addition, this system of records is also exempt under the provisions
of 5 U.S.C. 552a(k)(2) from subsections (c)(3); (d); and (e)(1), but
only to the extent that this system contains records within the scope
of subsection (k)(2), and to the extent that records in the system are
subject to exemption therefrom.
(h) The following justification apply to the exemptions from
particular subsections:
(1) From subsection (c)(3) because the release of the disclosure
accounting for disclosure could permit the subject of an actual or
potential criminal or civil investigation to obtain valuable
information concerning the existence and nature of the investigation,
the fact that individuals are subjects of the investigation, and
present a serious impediment to law enforcement.
(2) From subsection (c)(4) to the extent that the exemption from
subsection (d) is applicable. Subsection (c)(4) will not be applicable
to the extent that records in the system are properly withholdable
under subsection (d).
(3) 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 a criminal or civil investigation of the
existence of that investigation; of the nature and scope of the
information and evidence obtained as to their activities; of the
identity of confidential sources, witnesses and law enforcement
personnel; and of
[[Page 34170]]
information that may enable the subject to avoid detection or
apprehension. Such disclosures 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 these records
could result in a disclosure that would constitute an unwarranted
invasion of the privacy of third parties. Amendment of the records
would interfere with ongoing investigations and law enforcement
activities and impose an impossible administrative burden by requiring
investigations to be continuously reinvestigated.
(4) From subsection (e)(1) because in the course of criminal or
civil investigations, the Immigration and Naturalization Service often
obtains information concerning the violation of laws other than those
relating to violations over which INS has investigative jurisdiction,
in the interests of effective law enforcement, it is necessary that INS
retain this information since it can aid in establishing patterns of
criminal activity and provide valuable leads for those law enforcement
agencies that are charged with enforcing other segments of the criminal
law.
(5) From subsection (e)(2) because in a criminal investigation, the
requirement that information be collected to the greatest extent
possible from the subject individual would present a serious impediment
to law enforcement in that the subject of the investigation would be
placed on notice of the existence of the investigation and would
therefore be able to avoid detection or apprehension.
(6) From subsection (e)(3) because the requirement that individuals
supplying information be provided with a form stating the requirements
of subsection (e)(3) would constitute a serious impediment of criminal
law enforcement in that it could compromise the existence of a
confidential investigation, reveal the identify of confidential sources
of information and endanger the life or physical safety of confidential
informants.
(7) From subsection (e)(5) because in the collection of information
for criminal law enforcement purposes it is impossible to determine in
advance 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 and intelligence
analysts to exercise their judgment in reporting on investigations and
impede the development of criminal intelligence necessary for effective
law enforcement.
(8) From subsection (e)(8) because the individual notice
requirements of subsection (e)(8) could present a serious impediment to
criminal law enforcement as this could interfere with the Immigration
and Naturalization Service's ability to issue administrative subpoenas
and could reveal investigative techniques and procedures.
(9) From subsection (g) for those portions of this system of
records that were compiled for criminal law enforcement purposes and
which are subject to exemption from the access provisions of
subsections (d) pursuant to subsection (j)(2).
[FR Doc. 97-16595 Filed 6-24-97; 8:45 am]
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