[Federal Register Volume 68, Number 56 (Monday, March 24, 2003)]
[Rules and Regulations]
[Pages 14140-14141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6926]
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DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
28 CFR Part 16
[FBI 109P; AAG/A Order No. 010-2003]
RIN 1110-AA08
Privacy Act of 1974; Implementation
AGENCY: Department of Justice, Federal Bureau of Investigation.
ACTION: Final rule.
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SUMMARY: The Department of Justice (DOJ), Federal Bureau of
Investigation (FBI), is exempting the FBI's National Crime Information
Center (NCIC) (JUSTICE/FBI-001), Central Records System (CRS) (JUSTICE/
FBI-002), and National Center for the Analysis of Violent Crime (NCAVC)
(JUSTICE/FBI-015) systems of records from the Privacy Act. The
exemption is necessary to avoid interference with law enforcement
functions and responsibilities of the FBI.
EFFECTIVE DATE: March 24, 2003.
FOR FURTHER INFORMATION CONTACT: Mary Cahill (202) 307-1823.
SUPPLEMENTARY INFORMATION: The FBI is exempting the FBI's National
Crime Information Center, Central Records System and National Center
for the Analysis of Violent Crime systems of records from subsection
(e)(5) of the Privacy Act, 5 U.S.C. 552a. Also, the FBI is correcting a
typographical error by moving the title of the National Crime
Information Center to the correct subsection. Except for these
amendments, the final rule changes do not alter practices and
procedures that are currently in effect. However, the FBI is currently
reviewing additional changes to this regulation for possible
promulgation in future rulemaking.
This rule relates to individuals, as opposed to small business
entities. Nevertheless, pursuant to the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601-612, the rule 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, and Privacy.
Pursuant to the authority vested in the Attorney General by 5
U.S.C. 552a and delegated to me by Attorney General Order 793-78, 28
CFR part 16 is amended as follows:
PART 16--[AMENDED]
Subpart E--Exemption of Records Systems under the Privacy Act.
1. The authority citation 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. Section 16.96 is amended as follows:
(a) By revising the introductory text of paragraph (a);
(b) By redesignating paragraph (b)(6) as (b)(7) and adding a new
paragraph (b)(6);
(c) By revising the introductory text of paragraph (g) and adding
new paragraph (g)(1);
(d) By redesignating paragraph (h)(5) as (h)(6) and adding new
paragraph (h)(5);
(e) By revising the introductory text of paragraph (j);
(f) By adding a new paragraph (k)(5);
(g) By removing ``National Crime Information Center (NOIC) [sic]
(JUSTICE/FBI-001).'' from paragraph (k)(4).
The revisions and additions read as follows.
Sec. 16.96 Exemption of Federal Bureau of Investigation Systems--
limited access.
(a) The following system of records is exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5),
(e)(8), (f) and (g):
* * * * *
(b) * * *
(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 as further investigation brings new details to
light. The restrictions imposed by subsection (e)(5) would limit the
ability of trained investigators and intelligence analysts to exercise
their judgment in reporting on investigations and impede the
[[Page 14141]]
development of criminal intelligence necessary for effective law
enforcement. In addition, because many of these records come from other
federal, state, local, joint, foreign, tribal, and international
agencies, it is administratively impossible to ensure compliance with
this provision.
* * * * *
(g) The following system of records is exempt from 5 U.S.C. 552a
(c)(3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5),
(e)(8), (f), and (g):
(1) National Crime Information Center (NCIC) (JUSTICE/FBI-001).
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)(3).
(h) * * *
(5) 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. The restrictions imposed by subsection (e)(5) would limit the
ability of trained investigators and intelligence analysts to exercise
their judgment in reporting on investigations and impede the
development of criminal intelligence necessary for effective law
enforcement. In addition, the vast majority of these records come from
other federal, state, local, joint, foreign, tribal, and international
agencies and it is administratively impossible to ensure that the
records comply with this provision. Submitting agencies are, however,
urged on a continuing basis to ensure that their records are accurate
and include all dispositions.
* * * * *
(j) The following system of records is exempt from 5 U.S.C. 552a
(c)(3), (d), (e)(1), (e)(4)(G) and (H), (e)(5), (f) and (g):
* * * * *
(k) * * *
(5) 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. The restrictions imposed by subsection (e)(5) would limit the
ability of trained investigators and intelligence analysts to exercise
their judgment in reporting on investigations and impede the
development of criminal intelligence necessary for effective law
enforcement. In addition, because many of these records come from other
federal, state, local, joint, foreign, tribal, and international
agencies, it is administratively impossible to ensure compliance with
this provision.
* * * * *
Dated: March 14, 2003.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 03-6926 Filed 3-21-03; 8:45 am]
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