[Federal Register Volume 61, Number 34 (Tuesday, February 20, 1996)]
[Rules and Regulations]
[Pages 6318-6319]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3679]



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DEPARTMENT OF JUSTICE
28 CFR Part 16

[AAG/A Order No. 115-96]


Exemption of Records System Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice, Bureau of Prisons (BOP), is 
exempting a Privacy Act system of records from the following 
subsections of the Privacy Act: (c)(3) and (4), (d), (e) (1), (2) and 
(3), (e)(5) and (e)(8), and (g) of the Privacy Act, 5 U.S.C. 552a. This 
system of records is the ``Access Control Entry/Exit System (JUSTICE/
BOP-010).''
    The exemptions are necessary to preclude the compromise of 
institution security, to ensure the safety of inmates, Bureau personnel 
and the public, to protect third party privacy, to protect law 
enforcement and investigatory information, and/or to otherwise ensure 
the effective performance of the Bureau's law enforcement functions.

EFFECTIVE DATE: February 20, 1996.

FOR FURTHER INFORMATION CONTACT:
Patricia E. Neely (202) 616-0178.

SUPPLEMENTARY INFORMATION: On October 4, 1995 (60 FR 51962), a proposed 
rule with invitation to comment was published in the Federal Register. 
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, this order will not have a 
significant economic impact on a substantial number of small entities.

List of Subjects in 28 CFR Part 16

    Administrative Practices and Procedure, Freedom of Information Act, 
Government in the Sunshine Act, and the 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.


[[Page 6319]]

    Dated: February 7, 1996.
Stephen R. Colgate,
Assistant Attorney General for Administration.

PART 16--[AMENDED]

    1. The authority citation for part 16 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 552b(g) and 553; 18 U.S.C. 
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717 and 9701.

    2. 28 CFR 16.97 is amended by redesignating paragraph (c) as 
paragraph (i), by revising the first sentence of newly-redesignated 
paragraph (i), and by adding paragraphs (c) and (d) to read as follows:


Sec. 16.97   Exemption of Federal Bureau of Prisons (BOP) Systems--
limited access.

* * * * *
    (c) The following system of records is exempted pursuant to 5 
U.S.C. 552a(j)(2) from subsections (c)(3) and (4), (d), (e)(1), (2) and 
(3), (e)(5) and (e)(8), and (g). In addition, the following system of 
records is exempted pursuant to 5 U.S.C. 552a(k)(2) from subsections 
(c)(3), (d), and (e)(1):

Bureau of Prisons Access Control Entry/Exit, (JUSTICE/BOP-010).

    (d) These exemptions apply only to the extent that information in 
these systems is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) 
or (k)(2). Where compliance would not appear to interfere with or 
adversely affect the law enforcement process, and/or where it may be 
appropriate to permit individuals to contest the accuracy of the 
information collected, e.g. public source materials, or those supplied 
by third parties, the applicable exemption may be waived, either 
partially or totally, by the BOP. Exemptions from the particular 
subsections are justified for the following reasons:
    (1) From subsection (c)(3) for similar reasons as those enumerated 
in paragraph (3).
    (2) From subsection (c)(4) to the extent that exemption from 
subsection (d) will make notification of corrections or notations of 
disputes inapplicable.
    (3) From the access provisions of subsection (d) to the extent that 
exemption from this subsection may appear to be necessary to prevent 
access by record subjects to information that may jeopardize the 
legitimate correctional interests of safety, security, and good order 
of Bureau of Prisons facilities; to protect the privacy of third 
parties; and to protect access to relevant information received from 
third parties, such as other Federal State, local and foreign law 
enforcement agencies, Federal and State probation and judicial offices, 
the disclosure of which may permit a record subject to evade 
apprehension, prosecution, etc.; and/or to otherwise protect 
investigatory or law enforcement information, whether received from 
other third parties, or whether developed internally by the BOP.
    (4) From the amendment provisions of subsection (d) because 
amendment of the records would interfere with law enforcement 
operations and impose an impossible administrative burden. In addition 
to efforts to ensure accuracy so as to withstand possible judicial 
scrutiny, it would require that law enforcement and investigatory 
information be continuously reexamined, even where the information may 
have been collected from the record subject. Also, where records are 
provided by other Federal criminal justice agencies or other State, 
local and foreign jurisdictions, it may be administratively impossible 
to ensure compliance with this provision.
    (5) From subsection (e)(1) to the extent that the BOP may collect 
information that may be relevant to the law enforcement operations of 
other agencies. In the interests of overall, effective law enforcement, 
such information should be retained and made available to those 
agencies with relevant responsibilities.
    (6) From subsection (e)(2) because primary collection of 
information directly from the record subject is often highly 
impractical, inappropriate and could result in inaccurate information.
    (7) From subsection (e)(3) because compliance with this subsection 
may impede the collection of information that may be valuable to law 
enforcement interests.
    (8) From subsection (e)(5) because in the collection and 
maintenance of information for law enforcement purposes, it is 
impossible to determine in advance what information is accurate, 
relevant, timely and complete. Data which may seem unrelated, 
irrelevant or incomplete when collected may take on added meaning or 
significance as an investigation progresses or with the passage of 
time, and could be relevant to future law enforcement decisions.
    (9) From subsection (e)(8) because the nature of BOP law 
enforcement activities renders notice of compliance with compulsory 
legal process impractical and could seriously jeopardize institution 
security and personal safety and/or impede overall law enforcement 
efforts.
    (10) From subsection (g) to the extent that the system is exempted 
from subsection (d).
* * * * *
    (i) Consistent with the legislative purpose of the Privacy Act of 
1974 (Pub. L. 93-579) the BOP has initiated a procedure whereby federal 
inmates in custody may gain access and review their individual prison 
files maintained at the institution of incarceration. * * *

[FR Doc. 96-3679 Filed 2-16-96; 8:45 am]
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