[Federal Register Volume 67, Number 70 (Thursday, April 11, 2002)]
[Rules and Regulations]
[Pages 17618-17619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-8476]


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DEPARTMENT OF DEFENSE

Department of the Army

32 CFR Part 505

[Army Regulation 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 adding an exemption rule for the 
Inspector General Records for law enforcement purposes.

EFFECTIVE DATE: March 12, 2002.

FOR FURTHER INFORMATION CONTACT: Ms. Janice Thornton at (703) 806-4390 
or DSN 656-4390 or Ms. Christie King at (703) 806-3711 or DSN 656-3711.

SUPPLEMENTARY INFORMATION: The proposed rule was previously published 
on January 11, 2002, at 67 FR 1421. No comments were received; 
therefore, the rule is being adopted as final.

Executive Order 12866, ``Regulatory Planning and Review''

    It has been determined that Privacy Act rules for the Department of 
Defense are not significant rules. The rules do not (1) Have an annual 
effect on the economy of $100 million or more or adversely affect in a 
material way the economy; a sector of the economy; productivity; 
competition; jobs; the environment; public health or safety; or State, 
local, or tribal governments or communities; (2) Create a serious 
inconsistency or otherwise interfere with an action taken or planned by 
another Agency; (3) Materially alter the budgetary impact of 
entitlements, grants, user fees, or loan programs, or the rights and 
obligations of recipients thereof; or (4) Raise novel legal or policy 
issues arising out of legal mandates, the President's priorities, or 
the principles set forth in this Executive order.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 
6)

    It has been determined that Privacy Act rules for the Department of 
Defense do not have significant economic impact on a substantial number 
of small entities because they are concerned only with the 
administration of Privacy Act systems of records within the Department 
of Defense.

Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 
35)

    It has been determined that Privacy Act rules for the Department of 
Defense impose 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.

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been determined that Privacy Act rulemaking for the 
Department of Defense does not involve a Federal mandate that may 
result in the expenditure by State, local and tribal governments, in 
the aggregate, or by the private sector, of $100 million or more and 
that such rulemaking will not significantly or uniquely affect small 
governments.

Executive Order 13132, ``Federalism''

    It has been determined that Privacy Act rules for the Department of 
Defense do not have federalism implications. The rules do not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

List of Subjects in 32 CFR Part 505

    Privacy.

PART 505--THE ARMY PRIVACY PROGRAM

    Accordingly, 32 CFR part 505 is amended as follows:
    1. The authority citation for 32 CFR part 505 continues to read as 
follows:

    Authority: Pub. L. 93-579, 88 Stat. 1896 (5 U.S.C. 552a).


    2. Section 505.5 is amended by revising paragraphs (e)(1)(i) 
through (iv) and removing and reserving paragraphs (e)(2) to read as 
follows:


Sec. 505.5  Exemptions.

* * * * *
    (e) * * *
    (1) * * *
    (i) System name: Inspector General Records.
    (ii) Exemptions: (A) Investigatory material compiled for law 
enforcement purposes may be exempt pursuant to 5 U.S.C. 552a(k)(2). 
However, if an individual is denied any right, privilege, or benefit 
for which he would otherwise be entitled by Federal law or for which he 
would otherwise be eligible, as a result of the maintenance of such 
information, the individual will be provided access to such information 
except to the extent that disclosure would reveal the identity of a 
confidential source.
    (B) Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for federal 
civilian employment, military service, federal contracts, or access to 
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5), 
but only to the extent that such material would reveal the identity of 
a confidential source.
    (C) Therefore, portions of the system of records may be exempt 
pursuant to 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and 
(e)(4)(I), and (f).

[[Page 17619]]

    (iii) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (iv) Reason: (A) From subsection (c)(3) because the release of the 
disclosure accounting, for 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 (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.
    (C) From subsection (e)(1) because in the course of criminal 
investigations information is often obtained concerning the violations 
of laws or civil obligations of others not relating to an active case 
or matter. In the interests of effective law enforcement, it is 
necessary that this valuable information is retained since it can aid 
in establishing patterns of activity and provide valuable leads for 
other agencies and future cases that may be brought.
    (D) From subsections (e)(4)(G) and (e)(4)(H) because this system of 
records is exempt from individual access pursuant to subsection (k)(2) 
of the Privacy Act of 1974.
    (E) From subsection (e)(4)(I) because of 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.
    (F) From subsection (f) because this system of records has been 
exempted from the access provisions of subsection (d).
    (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's Privacy 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 this 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 in this paragraph. The decisions to 
release information from these systems will be made on a case-by-case 
basis.
    (2) [Reserved]
* * * * *

    Dated: April 2, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-8476 Filed 4-10-02; 8:45 am]
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