[Federal Register Volume 67, Number 107 (Tuesday, June 4, 2002)]
[Proposed Rules]
[Pages 38448-38449]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-13898]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

National Imagery and Mapping Agency

32 CFR Part 320

[NIMA Instruction 5500.7R1]


Privacy Act; Implementation

AGENCY: National Imagery and Mapping Agency, DoD.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The National Imagery and Mapping Agency (NIMA) is proposing to 
add an exemption rule to an existing system of records. The exemption 
will increase the value of the system of records for law enforcement 
purposes, and will protect the privacy of individuals identified in the 
system of records.

DATES: Comments must be received on or before August 5, 2002 to be 
considered by this agency.

ADDRESSES: Comments should be sent to the Office of General Counsel, 
National Imagery and Mapping Agency, Mail Stop D-10, 4600 Sangamore 
Road, Bethesda, MD 20816-5003.

FOR FURTHER INFORMATION CONTACT: Mr. Tom Willess, Associate General 
Counsel, at (301) 227-2953.

SUPPLEMENTARY INFORMATION:

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

[[Page 38449]]

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 320

    Privacy.

    Accordingly, 32 CFR part 320 is amended as follows:
    1. The authority citation for 32 CFR part 320 continues to read as 
follows:

    Authority: Pub. L. 93-579, 88 Stat. 1986 (5 U.S.C. 552a).

    2. Section 320.12 is amended by adding paragraph (b) to read as 
follows:


Sec. 320.12  Exemptions.

* * * * *
    (b) System identifier and name. B0210-07, Inspector General 
Investigative and Complaint Files.
    (1) Exemptions: (i) Investigative 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.
    (ii) Investigative 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.
    (iii) Therefore, portions of this system of records may be exempt 
pursuant to 5 U.S.C. 552a(k)(2) and/or (k)(5) from the following 
subsections of 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and 
(I), and (f).
    (2) Authority: 5 U.S.C. 552a(k)(2) and (k)(5).
    (3) Reasons: (i) From subsection (c)(3) because to grant access to 
the accounting for each disclosure as required by the Privacy Act, 
including the date, nature, and purpose of each disclosure and the 
identity of the recipient, could alert the subject to the existence of 
the investigation or prosecutable interest by the NIMA or other 
agencies. This could seriously compromise case preparation by 
prematurely revealing its existence and nature; compromise or interfere 
with witnesses or make witnesses reluctant to cooperate; and lead to 
suppression, alteration, or destruction of evidence.
    (ii) From subsections (d) and (f) because providing access to 
investigative records and the right to contest the contents of those 
records and force changes to be made to the information contained 
therein would seriously interfere with and thwart the orderly and 
unbiased conduct of the investigation and impede case preparation. 
Providing access rights normally afforded under the Privacy Act would 
provide the subject with valuable information that would allow 
interference with or compromise of witnesses or render witnesses 
reluctant to cooperate; lead to suppression, alteration, or destruction 
of evidence; enable individuals to conceal their wrongdoing or mislead 
the course of the investigation; and result in the secreting of or 
other disposition of assets that would make them difficult or 
impossible to reach in order to satisfy any Government claim growing 
out of the investigation or proceeding.
    (iii) From subsection (e)(1) because it is not always possible to 
detect the relevance or necessity of each piece of information in the 
early stages of an investigation. In some cases, it is only after the 
information is evaluated in light of other evidence that its relevance 
and necessity will be clear.
    (iv) From subsections (e)(4)(G) and (H) because this system of 
records is compiled for investigative purposes and is exempt from the 
access provisions of subsections (d) and (f).
    (v) From subsection (e)(4)(I) because to the extent that this 
provision is construed to require more detailed disclosure than the 
broad, generic information currently published in the system notice, an 
exemption from this provision is necessary to protect the 
confidentiality of sources of information and to protect privacy and 
physical safety of witnesses and informants. NIMA will, nevertheless, 
continue to publish such a notice in broad generic terms, as is its 
current practice.
    (vi) Consistent with the legislative purpose of the Privacy Act of 
1974, NIMA will grant access to nonexempt material in the records being 
maintained. Disclosure will be governed by NIMA'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 or civil 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 in this paragraph. The decisions to release information from 
these systems will be made on a case-by-case basis.

    Dated: May 29, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-13898 Filed 6-3-02; 8:45 am]
BILLING CODE 5001-08-P