[Federal Register Volume 68, Number 154 (Monday, August 11, 2003)]
[Proposed Rules]
[Pages 47519-47520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-20341]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 016-2003]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed Rule.

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SUMMARY: The Department of Justice proposes to amend the Privacy Act 
exemptions to two Civil Rights Division systems of records, entitled 
Central Civil Rights Division Index File and Associated Records 
(JUSTICE/CRT-001), and Files on Employment Civil Rights Matters 
Referred by the Equal Employment Opportunity Commission (JUSTICE/CRT-
007), as described in today's notice section of the Federal Register.

DATES: Submit any comments by September 10, 2003.

ADDRESSES: Address all comments to Mary Cahill, Management and Planning 
Staff, Justice Management Division, Department of Justice, 1331 
Pennsylvania Ave., NW., Washington, DC 20530 (1400 National Place 
Building).

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

SUPPLEMENTARY INFORMATION: The Department proposes to exempt JUSTICE/
CRT-001 from 5 U.S.C. 552a (c)(3) and (4); (d)(1), (2), (3), and (4); 
(e)(1), (2), (3), (5), and (8); and (g). The Department proposes to 
exempt JUSTICE/CRT-007 from 5 U.S.C. 552a (d)(1), (2), (3) and (4). The 
exemptions will be applied only to the extent that information in a 
record is subject to exemption pursuant to 5 U.S.C. 552a (j) and (k). 
The Department also proposes to remove the exemptions to the former 
Civil Rights Division system of records entitled ``Freedom of 
Information/Privacy Act Records (JUSTICE/CRT-010)'' at 28 CFR 16.90 (e) 
and (f). The records in CRT-010 are now covered by DOJ-004, and the 
exemptions are stated in 28 CFR 16.130.
    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, this order will not have a 
significant 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 No. 793-78, 
it is proposed to amend 28 CFR part 16 as follows:
    1. The authority for part 16 continues to read as follows:

    Authority: 5 U.S.C. 301, 552, 552a, 552b(g), and 553; 18 U.S.C. 
4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717, and 9701.

    2. Section 16.90 is revised to read as follows:


Sec.  16.90  Exemption of Civil Rights Division Systems.

    (a) The following system of records is exempted from subsections 
(c)(3) and (4); (d)(1), (2), (3) and (4); (e)(1), (2), (3), (5), and 
(8); and (g) of the Privacy Act pursuant to 5 U.S.C. 552a (j) and (k): 
Central Civil Rights Division Index File and Associated Records 
(JUSTICE/CRT-001). These exemptions apply only to the extent that 
information in a record is subject to exemption pursuant to 5 U.S.C. 
552a (j)(2), (k)(1) and (k)(2).
    (b) Exemptions from the particular subsections are justified for 
the following reasons:
    (1) Subsection (c)(3). To provide the subject of a criminal, civil, 
or administrative matter or case under investigation with an accounting 
of disclosures of records concerning him or her could inform that 
individual of the existence, nature, or scope of an actual or potential 
criminal or civil violation to gain valuable information concerning the 
nature and scope of the investigation, to determine whether he or she 
is the subject of the investigation, and seriously impede law 
enforcement efforts by permitting the record subject and other persons 
to whom he or she might disclose the records to avoid criminal 
penalties, civil remedies, or administrative measures.
    (2) Subsection (c)(4). This subsection is inapplicable to the 
extent that an exemption is being claimed for subsection (d).
    (3) Subsection (d)(1). Disclosure of investigatory information 
could interfere with the investigation, reveal the identity of 
confidential sources, and result in an unwarranted invasion of the 
privacy of others. Disclosure of classified national security 
information would cause damage to the national security of the United 
States. In addition, these records may be subject to protective orders 
entered by federal courts to protect their confidentiality. Further, 
many of the records contained in this system are copies of documents 
which are the property of state agencies and were obtained under 
express or implied promises to strictly protect their confidentiality.
    (4) Subsection (d)(2). Amendment of the records could interfere 
with ongoing criminal or civil law enforcement proceedings and impose 
an impossible administrative burden by requiring investigations to be 
continuously reinvestigated.
    (5) Subsection (d)(3) and (4). These subsections are inapplicable 
to the extent exemption is claimed from (d)(1) and (2).
    (6) Subsection (e)(1). It is often impossible to determine in 
advance if investigatory records contained in this system are accurate, 
relevant, timely and complete, but, in the interests of effective law 
enforcement, it is necessary to retain this information to aid in 
establishing patterns of activity and provide investigative leads.
    (7) Subsection (e)(2). To collect information from the subject 
individual could serve notice that he or she is the subject of a 
criminal investigation and

[[Page 47520]]

thereby present a serious impediment to such investigation.
    (8) Subsection (e)(3). To inform individuals as required by this 
subsection could reveal the existence of a criminal or civil 
investigation and compromise investigative efforts.
    (9) Subsection (e)(5). It is often impossible to determine in 
advance if investigatory records contained in this system are accurate, 
relevant, timely and complete, but, in the interests of effective law 
enforcement, it is necessary to retain this information to aid in 
establishing patterns of activity and provide investigative leads.
    (10) Subsection (e)(8). To serve notice could give persons 
sufficient warning to evade investigative efforts.
    (11) Subsection (g). This subsection is inapplicable to the extent 
that the system is exempt from other specific subsections of the 
Privacy Act.
    (c) The following system of records is exempted from subsections 
(d)(1), (2), (3) and (4) of the Privacy Act pursuant to 5 U.S.C. 552a 
(k): ``Files on Employment Civil Rights Matters Referred by the Equal 
Employment Opportunity Commission (JUSTICE/CRT-007).'' These exemptions 
apply only to the extent that information in a record is subject to 
exemption pursuant to 5 U.S.C. 552a (k)(2).
    (d) Exemptions from the particular subsections are justified for 
the following reasons:
    (1) Subsection (d)(1). Disclosure of investigatory information 
could interfere with the investigation, reveal the identity of 
confidential sources, and result in an unwarranted invasion of the 
privacy of others. In addition, these records may be subject to 
protective orders entered by federal courts to protect their 
confidentiality. Further, many of the records contained in this system 
are copies of documents which are the property of state agencies and 
were obtained under express or implied promises to strictly protect 
their confidentiality.
    (2) Subsection (d)(2). Amendment of the records could interfere 
with ongoing criminal or civil law enforcement proceedings and impose 
an impossible administrative burden by requiring investigations to be 
continuously reinvestigated.
    (3) Subsection (d)(1), (2), (3) and (4). This system contains 
investigatory material compiled by the Equal Opportunity Commission 
pursuant to its authority under 42 U.S.C. 2000e-8. Titles 42 U.S.C. 
2000e-5(b), 42 U.S.C. 2000e-8(e), and 44 U.S.C. 3508 make it unlawful 
to make public in any manner whatsoever any information obtained by the 
Commission pursuant to the authority.
    (4) Subsection (d)(3) and (4). These subsections are inapplicable 
to the extent exemption is claimed from (d)(1) and (2).

    Dated: July 24, 2003.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 03-20341 Filed 8-8-03; 8:45 am]
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