[Federal Register Volume 61, Number 23 (Friday, February 2, 1996)]
[Rules and Regulations]
[Pages 3814-3815]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2256]



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DEPARTMENT OF DEFENSE
Defense Investigative Service

32 CFR Part 321


Privacy Program

AGENCY: Defense Investigative Service, DOD.
ACTION: Final rule.

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SUMMARY: The Defense Investigative Service is exempting a system of 
records identified as V5-04, entitled Counterintelligence Issues 
Database (CII-DB), from certain provisions of 5 U.S.C. 552a. Exemption 
is needed to comply with prohibitions against disclosure of information 
provided the government under a promise of confidentiality and to 
protect privacy rights of individuals identified in the system of 
records.
EFFECTIVE DATE: December 5, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Dale Hartig at (703) 325-5324.

SUPPLEMENTARY INFORMATION: Executive Order 12866. The Director, 
Administration and Management, Office of the Secretary of Defense has 
determined that this Privacy Act rule for the Department of Defense 
does not constitute 'significant regulatory action'. Analysis of the 
rule indicates that it does not have an annual effect on the economy of 
$100 million or more; does not create a serious inconsistency or 
otherwise interfere with an action taken or planned by another agency; 
does not materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; does not raise novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in Executive Order 12866 (1993).
Regulatory Flexibility Act of 1980. The Director, Administration and 
Management, Office of the Secretary of Defense certifies that this 
Privacy Act rule for the Department of Defense does not have 
significant economic impact on a substantial number of small entities 
because it is concerned only with the administration of Privacy Act 
systems of records within the Department of Defense.
Paperwork Reduction Act. The Director, Administration and Management, 
Office of the Secretary of Defense certifies that this Privacy Act rule 
for the Department of Defense imposes 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. The proposed rule was 
previously published on October 3, 1995, at 60 FR 51764.

List of Subjects in 32 CFR Part 321

    Privacy.
    Accordingly, 32 CFR part 321 is amended as follows:
    1. The authority citation for 32 CFR part 321 continues to read as 
follows:
    Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C.552a).
    2. Section 321.14, paragraph (g) is redesignated as (h) and a new 
paragraph (g) is added as follows:


Sec.  321.14 Exemptions.

* * * * *
    (g) System identifier. V5-04.
    (1) System name. Counterintelligence Issues Database (CII-DB).

    (2) Exemption. Portions of this system of records that fall within 
the provisions of 5 U.S.C. 552a(k)(1), (k)(2), (k)(3) and 

[[Page 3815]]

(k)(5) may be exempt from the following subsections (c)(3); (d)(1) 
through (d)(5); (e)(1); (e)(4)(G), (H), and (I); and (f).

    (3) Authority. 5 U.S.C. 552a(k)(1), (k)(2), (k)(3) and (k)(5).

    (4) Reasons.  From subsection (c)(3) because giving the individual 
access to the disclosure accounting could alert the subject of an 
investigation to the existence and nature of the investigation and 
reveal investigative or prosecutive interest by other agencies, 
particularly in a joint-investigation situation. This would seriously 
impede or compromise the investigation and case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate with the 
investigators; lead to suppression, alteration, fabrication, or 
destruction of evidence; and endanger the physical safety of 
confidential sources, witnesses, law enforcement personnel and their 
families.

    From subsection (d) because the application of these provisions 
could impede or compromise an investigation or prosecution if the 
subject of an investigation had access to the records or were able to 
use such rules to learn of the existence of an investigation before it 
would be completed. In addition, the mere notice of the fact of an 
investigation could inform the subject and others that their activities 
are under or may become the subject of an investigation and could 
enable the subjects to avoid detection or apprehension, to influence 
witnesses improperly, to destroy evidence, or to fabricate testimony.

    From subsection (e)(1) because during an investigation it is not 
always possible to detect the relevance or necessity of each piece of 
information in the early stages of an investigation. In some cases, it 
is only after the information is evaluated in light of other evidence 
that its relevance and necessity will be clear. In other cases, what 
may appear to be a relevant and necessary piece of information may 
become irrelevant in light of further investigation. In addition, 
during the course of an investigation, the investigator may obtain 
information that related primarily to matters under the investigative 
jurisdiction of another agency, and that information may not be 
reasonably segregated. In the interest of effective law enforcement, 
DIS investigators should retain this information, since it can aid in 
establishing patterns of criminal activity and can provide valuable 
leads for Federal and other law enforcement agencies.

    From subsections (e)(4)(G), (e)(4)(H), (e)(4)(I) and (f) because 
this system is exempt from subsection (d) of the Act, concerning access 
to records. These requirements are inapplicable to the extent that 
these records will be exempt from these subsections. However, DIS has 
published information concerning its notification and access 
procedures, and the records source categories because under certain 
circumstances, DIS could decide it is appropriate for an individual to 
have access to all or a portion of his/her records in this system of 
records.

* * * * *

    Dated: January 29, 1996.


Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 96-2256 Filed 2-1-96; 8:45 am]
BILLING CODE 5000-04-F