[Federal Register Volume 67, Number 169 (Friday, August 30, 2002)]
[Rules and Regulations]
[Pages 55723-55724]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22145]
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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: Final rule.
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SUMMARY: The National Imagery and Mapping Agency (NIMA) is adding 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.
EFFECTIVE DATE: August 6, 2002.
FOR FURTHER INFORMATION CONTACT: Mr. Tom Willess, Associate General
Counsel, at (301) 227-2953.
SUPPLEMENTARY INFORMATION: The proposed rule was published on June 4,
2002, at 67 FR 38448. No comments were received from the public;
therefore, NIMA is adopting the rule 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 320
Privacy.
Accordingly, 32 CFR part 320 is amended as follows:
[[Page 55724]]
1. The authority citation for 32 CFR part 320 continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat. 9986 (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: August 26, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 02-22145 Filed 8-29-02; 8:45 am]
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