[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Rules and Regulations]
[Pages 45877-45878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21739]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 505

[Army Reg. 340-21]


Privacy Act; Implementation

AGENCY: Department of the Army, DoD.
ACTION: Final rule.

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SUMMARY: The Department of the Army is amending an existing exemption 
rule for a Privacy Act system of records. The Army is providing reasons 
from which information maintained within this system of records may be 
exempt. These reasons were administratively omitted last publication.
EFFECTIVE DATE: August 23, 1999.
ADDRESSES: Privacy Act Officer, Records Management Program Division, 
U.S. Total Army Personnel Command, ATTN: TAPC-PDR-P, Stop C55, Ft. 
Belvoir, VA 220605576.
FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 8064390 
or DSN 6564390.
SUPPLEMENTARY INFORMATION:
Executive Order 12866. It has been 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. It has been determined 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. It has been determined 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.

List of Subjects in 32 CFR Part 505

    Privacy.
    1.The authority citation for 32 CFR part 505 continues to read as 
follows:
    Authority: Pub. L. 93579, 88 Stat. 1896 (5 U.S.C. 552a).
    2.Section 505.5, is amended by revising paragraph (e)(13) as 
follows:


Sec. 505.5Exemptions.

* * * * *
    (e) * * *
    (13)System identifier: A0190-47 DAMO.
    (i)System name: Correctional Reporting System (CRS).
    (ii)Exemption. 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. All portions 
of this system of records which fall within the scope of 5 U.S.C. 
552a(j)(2) may be exempt from the provisions of 5 U.S.C. 552a(c)(3), 
(c)(4), (d), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), 
(f), and (g).
    Consistent with the legislative purpose of the Privacy Act of 1974, 
the Department of the Army will grant access to nonexempt material in 
the records being maintained. Disclosure will be governed by the 
Department of the Army'sPrivacy Regulation, 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.
    (iii) Authority: 5 U.S.C. 552a(j)(2).
    (iv) Reasons: (A) From subsection (c)(3) because the release of the 
disclosure accounting, or 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.

[[Page 45878]]

    (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 
lawenforcement purposes and has been exempted from the access 
provisions of subsections (d) and (f).
* * * * *
    Dated: August 17, 1999.


L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 99-21739 Filed 8-20-99; 8:45 am]
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