Comment on FR Doc # E7-19458

The agency?s proposed rule regarding exemptions from certain sections of 5 U.S.C. ? 552a are an admirable attempt at balancing privacy and safety interests. However, the proposed exemption found in subsection (u)(3) in the proposed rule, from subsections 5 U.S.C. ? 522a (d)(1), (2), (3), and (4) fail to adequately protect an individual?s interest in maintaining accurate records, given that the broad exemption would prevent individuals from examining and, if necessary, correcting information that may be incorrect and/or potentially damaging. Despite the agency?s later assurances that ?All data contributors are expected to ensure that information they share is relevant, timely, complete, and accurate,? proposed amendment (u)(7)(i), this relies too much on underfunded state agencies that have no incentive to ?ensure? that the information meets such standards. Moreover, new law enforcement techniques in individual jurisdictions (e.g., California?s gang registry) have yet to develop the means necessary to view and edit such information; thus the proposed exemption would deny an individual any method to correct inaccurate information provided to the Federal Government, at either the FBI?s registry or the individual jurisdictions? records. One method of allowing individuals the ability to correct such information while still maintaining the ability to prevent individual access to current investigations would be to have the exemption only apply to the 30-day response requirement in 5 U.S.C. ? 522a(d)(3), perhaps extending it to 90 or even 180 days. This should give the FBI enough time to either finish its investigation or determine that nothing in the requested file affects an ongoing investigation. Another alternative would be to amend the current law to allow an exemption to the 5 U.S.C. ? 522(a)(d)(1) such that any information pertaining to an ongoing investigation is exempt from the requirements. Either method, or some third option that gives the FBI enough time or the ability to determine whether any pertinent information to ongoing investigations would be disclosed, would balance the necessary interests of public safety and individual privacy and accuracy. Neither law enforcement nor an individual is well-served when law enforcement uses inaccurate or outdated information; allowing individuals to access such information and correct it gives the proper incentives to individuals to assure that, at the federal level, law enforcement information is correct.