[Federal Register: December 9, 2003 (Volume 68, Number 236)]
[Proposed Rules]
[Page 68578-68579]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de03-34]
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DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 806b
[Air Force Instruction 37-132]
Privacy Act; Implementation
AGENCY: Department of the Air Force, DoD.
ACTION: Proposed rule.
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SUMMARY: The Department of the Air Force is proposing to add an
exemption rule for the system of records F071 JTF A, entitled
``Computer Network Crime Case System''. The (j)(2) and (k)(2)
exemptions increase the value of the system of records for law
enforcement purposes.
DATES: Comments must be received on or before February 9, 2004, to be
considered by this agency.
ADDRESSES: Send comments to the Air Force Privacy Act Officer, AF-CIO/
P, 1155 Air Force Pentagon, Washington, DC 20330-1155.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043 or
DSN 329-4043.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that Privacy Act rules for the Department of
Defense are not significant rules. The rules do not (1) Have an annual
effect on the economy of $100 million or more or adversely affect in a
material way the economy; a sector of the economy; productivity;
competition; jobs; the environment; public health or safety; or State,
local, or tribal governments or communities; (2) Create a serious
inconsistency or otherwise interfere with an action taken or planned by
another Agency; (3) Materially alter the budgetary impact of
entitlements, grants, user fees, or loan programs, or the rights and
obligations of recipients thereof; or (4) Raise novel legal or policy
issues arising out of legal mandates, the President's priorities, or
the principles set forth in this Executive order.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
It has been certified that Privacy Act rules for the Department of
Defense do not have significant economic impact on a substantial number
of small entities because they are concerned only with the
administration of Privacy Act systems of records within the Department
of Defense.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that Privacy Act rules for the Department of
Defense impose no information requirements beyond the Department of
Defense and that the information collected within the Department of
Defense is necessary and consistent with 5 U.S.C. 552a, known as the
Privacy Act of 1974.
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that the Privacy Act rulemaking for the
Department of Defense does not involve a Federal mandate that may
result in the expenditure by State, local and tribal governments, in
the aggregate, or by the private sector, of $100 million or more and
that such rulemaking will not significantly or uniquely affect small
governments.
Executive Order 13132, ``Federalism''
It has been certified that the Privacy Act rules for the Department
of Defense do not have federalism implications. The rules do not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
List of Subjects in 32 CFR Part 806b
Privacy.
Accordingly, 32 CFR part 806b is proposed to be amended to read as
follows:
PART 806b--AIR FORCE PRIVACY ACT PROGRAM
1. The authority citation for 32 CFR part 806b continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).
[[Page 68579]]
2. Appendix C to part 806b is amended by adding paragraph (a)(7) to
read as follows:
Appendix C to Part 806b--General and Specific Exemptions
a. General exemptions. * * *
(7) System identifier and name: F071 JTF A, Computer Network
Crime Case System.
(i) Exemption: (A) Parts of this system may be exempt pursuant
to 5 U.S.C. 552a(j)(2) if the information is compiled and maintained
by a component of the agency, which performs as its principle
function any activity pertaining to the enforcement of criminal
laws. Any portion of this system of records which falls within the
provisions of 5 U.S.C. 552a(j)(2) may be exempt from the following
subsections of 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2),
(e)(3), (e)(4)(G), (H), and (I), (e)(5), (e)(8), (f), and (g).
(B) Investigatory material compiled for law enforcement
purposes, other than material within the scope of subsection 5
U.S.C. 552a(j)(2), may be exempt pursuant to 5 U.S.C. 552a(k)(2).
However, if an individual is denied any right, privilege, or benefit
for which he would otherwise be entitled by Federal law or for which
he would otherwise be eligible, as a result of the maintenance of
the information, the individual will be provided access to the
information exempt to the extent that disclosure would reveal the
identify of a confidential source.
Note: When claimed, this exemption allows limited protection of
investigative reports maintained in a system of records used in
personnel or administrative actions. Any portion of this system of
records which falls within the provisions of 5 U.S.C. 552a(k)(2) may
be exempt from the following subsections of 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (H) and (I), and (f).
(ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).
(iii) Reasons: (A) From subsection (c)(3) because the release of
accounting of disclosure would inform a subject that he or she is
under investigation. This information would provide considerable
advantage to the subject in providing him or her with knowledge
concerning the nature of the investigation and the coordinated
investigative efforts and techniques employed by the cooperating
agencies. This would greatly impede criminal law enforcement.
(B) From subsection (c)(4) and (d), because notification would
alert a subject to the fact that an open investigation on that
individual is taking place, and might weaken the on-going
investigation, reveal investigative techniques, and place
confidential informants in jeopardy.
(C) From subsection (e)(1) because the nature of the criminal
and/or civil investigative function creates unique problems in
prescribing a specific parameter in a particular case with respect
to what information is relevant or necessary. Also, information may
be received which may relate to a case under the investigative
jurisdiction of another agency. The maintenance of this information
may be necessary to provide leads for appropriate law enforcement
purposes and to establish patterns of activity that may relate to
the jurisdiction of other cooperating agencies.
(D) From subsection (e)(2) because collecting information to the
fullest extent possible directly from the subject individual may or
may not be practical in a criminal and/or civil investigation.
(E) From subsection (e)(3) because supplying an individual with
a form containing a Privacy Act Statement would tend to inhibit
cooperation by many individuals involved in a criminal and/or civil
investigation. The effect would be somewhat adverse to established
investigative methods and techniques.
(F) From subsections (e)(4)(G), (H), and (I) because this system
of records is exempt from the access provisions of subsection (d).
(G) From subsection (e)(5) because the requirement that records
be maintained with attention to accuracy, relevance, timeliness, and
completeness would unfairly hamper the investigative process. It is
the nature of law enforcement for investigations to uncover the
commission of illegal acts at diverse stages. It is frequently
impossible to determine initially what information is accurate,
relevant, timely, and least of all complete. With the passage of
time, seemingly irrelevant or untimely information may acquire new
significance as further investigation brings new details to light.
(H) From subsection (e)(8) because the notice requirements of
this provision could present a serious impediment to law enforcement
by revealing investigative techniques, procedures, and existence of
confidential investigations.
(I) From subsection (f) because the agency's rules are
inapplicable to those portions of the system that are exempt and
would place the burden on the agency of either confirming or denying
the existence of a record pertaining to a requesting individual
might in itself provide an answer to that individual relating to an
on-going investigation. The conduct of a successful investigation
leading to the indictment of a criminal offender precludes the
applicability of established agency rules relating to verification
of record, disclosure of the record to that individual, and record
amendment procedures for this record system.
(J) From subsection (g) because this system of records should be
exempt to the extent that the civil remedies relate to provisions of
5 U.S.C. 552a from which this rule exempts the system.
Dated: November 20, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 03-30398 Filed 12-8-03; 8:45 am]
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