[Federal Register: December 9, 2003 (Volume 68, Number 236)]
[Rules and Regulations]
[Page 68517-68518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de03-20]
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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: Final rule.
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SUMMARY: The Department of the Air Force is revising an existing
exemption rule for the Privacy Act system of records notice F031 AF SP
A, entitled Correction and Rehabilitation Records. The amendments
consist of changing the system identifier to F031 AF SF A, and revising
the reasons for exempting from disclosure certain subsections of the
Privacy Act of 1974.
EFFECTIVE DATE: October 30, 2003.
FOR FURTHER INFORMATION CONTACT: Mrs. Anne Rollins at (703) 601-4043 or
DSN 329-4043.
SUPPLEMENTARY INFORMATION: The proposed rule was published on August
29, 2003, at 68 FR 51959. No comments were received; therefore, the
rule is being adopted as published.
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 determined 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 determined 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 determined 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 determined 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.
0
Accordingly, 32 CFR part 806b is revised to read as follows:
[[Page 68518]]
PART 806b--AIR FORCE PRIVACY ACT PROGRAM
0
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).
0
2. Paragraph (a)(5) of Appendix C to part 806b is revised to read as
follows:
Appendix C to Part 806b--General and Specific Exemptions
* * * * *
(a) General exemptions. * * *
(5) System identifier and name: F031 AF SF A, Correction and
Rehabilitation Records.
(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.
(B) Portions of this system of records may be exempt pursuant to
5 U.S.C. 552a(j)(2) from the following subsections of 5 U.S.C.
552a(c)(3), (c)(4), (d), (e)(3), (e)(4)(G), (H) and (I), (e)(5),
(e)(8), (f), and (g).
(ii) Authority: 5 U.S.C. 552a(j)(2).
(iii) Reasons: (A) From subsection (c)(3) because the release of
the disclosure accounting, for disclosures pursuant to the routine
uses published for this system, would permit the subject of a
criminal investigation or matter under investigation to obtain
valuable information concerning the nature of that investigation
which will present a serious impediment to law enforcement.
(B) From subsection (c)(4) because an exemption is being claimed
for subsection (d), this subsection will not be applicable.
(C) From subsection (d) because access to the records contained
in this system would inform the subject of a criminal investigation
of the existence of that investigation, provide the subject of the
investigation with information that might enable him to avoid
detection or apprehension, and would present a serious impediment to
law enforcement.
(D) From subsection (e)(3) would constitute a serious impediment
to law enforcement in that it could compromise the existence of a
confidential investigation, reveal the identity of confidential
sources of information and endanger the life and physical safety of
confidential informants.
(E) From subsections (e)(4)(G) and (H) because this system of
records is exempt from individual access pursuant to subsections
(j)(2) of the Privacy Act of 1974.
(F) From subsection (e)(4)(I) because the identity of specific
sources must be withheld in order to protect the confidentiality of
the sources of criminal and other law enforcement information. This
exemption is further necessary to protect the privacy and physical
safety of witnesses and informants.
(G) From subsection (e)(5) because in the collection of
information for 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 reporting on investigations and impede the development of
intelligence necessary for effective law enforcement.
(H) From subsection (e)(8) because the individual notice
requirements of subsection (e)(8) could present a serious impediment
to law enforcement as this could interfere with the ability to issue
search authorizations and could reveal investigative techniques and
procedures.
(I) From subsection (f) because this system of records has been
exempted from the access provisions of subsection (d).
(J) From subsection (g) because this system of records compiled
for law enforcement purposes and has been exempted from the access
provisions of subsections (d) and (f).
(K) Consistent with the legislative purpose of the Privacy Act
of 1974, the Department of the Air Force will grant access to
nonexempt material in the records being maintained. Disclosure will
be governed by the Department of the Air Force's Privacy
Instruction, but will be limited to the extent that the identity of
confidential sources will not be compromised; subjects of an
investigation of an actual or potential criminal violation will not
be alerted to the investigation; the physical safety of witnesses,
informants and law enforcement personnel will not be endangered, the
privacy of third parties will not be violated; and that the
disclosure would not otherwise impede effective law enforcement.
Whenever possible, information of the above nature will be deleted
from the requested documents and the balance made available. The
controlling principle behind this limited access is to allow
disclosures except those indicated above. The decisions to release
information from these systems will be made on a case-by-case basis
necessary for effective law enforcement.
* * * * *
November 20, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 03-30400 Filed 12-8-03; 8:45 am]
BILLING CODE 5000-06-P