[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Proposed Rules]
[Pages 68217-68218]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32866]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 157-98]


Exemption of Records System Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Proposed Rule.

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SUMMARY: The Department of Justice proposes to exempt a Privacy Act 
system of records from subsection (d) of the Privacy Act, 5 U.S.C. 
552a. This system of records is the ``Freedom of Information/Privacy 
Acts (FOI/PA) Records, (JUSTICE/OPR-002).'' Records in this system may 
contain information which relates to official Federal investigations 
and matters of law enforcement of the Office of Professional 
Responsibility (OPR). Accordingly, where applicable, the exemptions are 
necessary to avoid interference with the law enforcement functions of 
OPR. Specifically, the exemptions are necessary to prevent subjects of 
investigations from frustrating the investigatory process; preclude the 
disclosure of investigative techniques; protect the identities and 
physical safety of confidential sources and of law enforcement 
personnel; ensure OPR's ability to obtain information from information 
sources; protect the privacy of third parties; and safeguard classified 
information as required by Executive Order 12958.

DATE: Submit any comments by January 11, 1998.

ADDRESS: Address all comments to Patricia E. Neely, Program Analyst, 
Information Management and Security Staff, Justice Management Division, 
Department of Justice, Washington, DC 20530 (Room 850 WCTR Building).

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

SUPPLEMENTARY INFORMATION: In the notice section of today's Federal 
Register, the Department of Justice provides a description of the 
``Freedom of Information/Privacy Acts (FOI/PA) Records (JUSTICE/OPR-
002).''
    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, it is hereby stated that the order 
will not have ``a significant economic impact on a substantial number 
of small entities.''

List of Subjects in Part 16

    Administrative Practices and Procedures, Courts, Freedom of 
Information Act, Privacy Act, and Government in Sunshine Act.

    Dated: November 20, 1998.
Stephen R. Colgate,
Assistant Attorney General for Administration.
    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, 
it is proposed to amend 28 CFR part 16 as follows:

PART 16--[AMENDED]

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

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

    2. It is proposed to amend 28 CFR 16.80 by adding paragraphs (c) 
and (d) to read as follows:


Sec. 16.80  Exemption of Office of Professional Responsibility (OPR) 
System--limited access.

* * * * *
    (c) The following system of records is exempted from 5 U.S.C. 
552a(d).
    (1) Freedom of Information/Privacy Act (FOI/PA) Records (JUSTICE/
OPR-002).

[[Page 68218]]

    This exemption applies only to the extent that information in this 
system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), 
and (k)(2). To the extent that information in a record pertaining to an 
individual does not relate to national defense or foreign policy, 
official Federal investigations and/or law enforcement matters, the 
exemption does not apply. In addition, where compliance would not 
appear to interfere with or adversely affect the overall law 
enforcement process, the applicable exemption may be waived by OPR.
    (d) Exemption from subsection (d) is justified for the following 
reasons:
    (1) From the access and amendment provisions of subsection (d) 
because access to the records contained in this system of records could 
inform the subject of an investigation of an actual or potential 
criminal, civil, or regulatory violation of the existence of that 
investigation; of the nature and scope of the information and evidence 
obtained as to his activities; of the identity of confidential sources, 
witnesses, and law enforcement personnel; and of information that may 
enable the subject to avoid detection or apprehension. These factors 
would present a serious impediment to effective law enforcement where 
they prevent the successful completion of the investigation, endanger 
the physical safety of confidential sources, witnesses, and law 
enforcement personnel, and/or lead to the improper influencing of 
witnesses, the destruction of evidence, or the fabrication of 
testimony. In addition, granting access to such information could 
disclose security-sensitive or confidential business information or 
information that would constitute an unwarranted invasion of the 
personnel privacy of third parties. Finally, access to the records 
could result in the release of properly classified information which 
would compromise the national defense or disrupt foreign policy. 
Amendment of the records would interfere with ongoing investigations 
and law enforcement activities and impose an enormous administrative 
burden by requiring investigations to be continuously reinvestigated.

[FR Doc. 98-32866 Filed 12-9-98; 8:45 am]
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