[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Rules and Regulations]
[Pages 41445-41446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19896]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 242-2001]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice (DOJ), is exempting a Privacy Act 
System of records from subsections (c)(3) and (4), (d), (e)(1), (2), 
and (3), (e)(4)(G) and (H), (e)(5) and (8), (f) and (g) of the Privacy 
Act, 5 U.S.C. 552a,

[[Page 41446]]

pursuant to 552a(j)(2) and (k)(2). This system of records is maintained 
by the DOJ Joint Automated Booking System (JABS) Program Office and 
entitled ``Nationwide Joint Automated Booking System, DOG-005.'' 
Information in this system of records relates to matters of law 
enforcement, and the exemptions are necessary to avoid interference 
with law enforcement responsibilities and to protect the privacy of 
third parties. The reasons for the exemptions are set forth in the text 
below.

EFFECTIVE DATE: This final rule is effective August 8, 2001.

FOR FURTHER INFORMATION CONTACT: Mary Cahill--(202) 307-1823.

SUPPLEMENTARY INFORMATION: On April 23, 2001 (66 FR 20410) a proposed 
rule was published in the Federal Register with an invitation to 
comment. 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, 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 28 CFR Part 16

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

    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, 
Title 28 of the Code of Federal Regulations, Part 16 is amended as set 
forth below.

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. Add to subpart E, Sec. 16.131 to read as follows:


Sec. 16.131  Exemption of Department of Justice (DOJ)/Nationwide Joint 
Automated Booking System (JABS), DOJ-005.

    (a) The following system of records is exempt from 5 U.S.C. 
552a(c)(3) and (4), (d), (e)(1), (2), (3), (4)(G) and (H), (e)(5) and 
(8), (f) and (g): Nationwide Joint Automated Booking System, Justice/
DOJ-005. These exemptions apply only to the extent that information in 
the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and 
(k)(2). Where compliance would not interfere with or adversely affect 
the law enforcement process, the DOJ may waive the exemptions, either 
partially or totally.
    (b) Exemption from the particular subsections are justified for the 
following reasons:
    (1) From subsections (c)(3), (c)(4), and (d) to the extent that 
access to records in this system of records may impede or interfere 
with law enforcement efforts, result in the disclosure of information 
that would constitute an unwarranted invasion of the personal privacy 
of collateral record subjects or other third parties, and/or jeopardize 
the health and/or safety of third parties.
    (2) From subsection (e)(1) to the extent that it is necessary to 
retain all information in order not to impede,compromise, or interfere 
with law enforcement efforts, e.g., where the significance of the 
information may not be readily determined and/or where such information 
may provide leads or assistance to Federal and other law enforcement 
agencies in discharging their law enforcement responsibilities.
    (3) From subsection (e)(2) because, in some instances, the 
application of this provision would present a serious impediment to law 
enforcement since it may be necessary to obtain and verify information 
from a variety to sources other than the record subject to ensure 
safekeeping, security, and effective law enforcement. For example, it 
maybe necessary that medical and psychiatric personnel provide 
information regarding and the subject's behavior, physical. health, or 
mental stability, etc. to ensure proper care while in custody, or it 
may be necessary to obtain information from a case agent or the court 
to ensure proper disposition of the subject individual.
    (4) From subsection (e)(3) because the requirement that agencies 
inform each individual whom it asks to supply information of such 
information as required by subsection (e)(3) may, in some cases, impede 
the information gathering process or otherwise interfere with or 
compromise law enforcement efforts, e.g., the subject may deliberately 
withhold information, or given erroneous information.
    (5) From subsection (4)(G) and(H) because the application of these 
provisions would present a serious impediment to law enforcement 
efforts.
    (6) 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 and the accuracy of such information can only 
be determined in a court of law. The restrictions imposed by subsection 
(e)(5) would restrict the ability to collect information for law 
enforcement purposes, may prevent the eventual development of the 
necessary criminal intelligence, or otherwise impede law enforcement or 
delay trained law enforcement personnel from timely exercising their 
judgment in managing the arrestee.
    (7) From subsection (e)(8) to the extent that such notice may 
impede, interfere with, or otherwise compromise law enforcement and 
security efforts.
    (8) From subsection 5 U.S.C. 552a(f) to the extent that compliance 
with the requirement for procedures providing individual access to 
records, compliance could impede, compromise, or interfere with law 
enforcement efforts.
    (9) From subsection (g) to the extent that this system is exempt 
from the access and amendment provisions of subsection (d).

    Dated: July 30, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
[FR Doc. 01-19896 Filed 8-7-01; 8:45 am]
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