[Federal Register Volume 70, Number 131 (Monday, July 11, 2005)]
[Proposed Rules]
[Pages 39696-39697]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13551]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 003-2005]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice proposes to exempt a new Privacy Act 
system of records entitled, Department of Justice Regional Data 
Exchange System (RDEX), DOJ-012, 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)(2). The information in 
this system of records relates to matters of criminal law enforcement, 
and the exemption is necessary in order to avoid interference with law 
enforcement responsibilities and functions and to protect criminal law 
enforcement information as described in the proposed rule.

DATES: Comments must be received by August 10, 2005.

ADDRESSES: Address all comments in writing to Mary E. Cahill, 
Management Analyst, Management and Planning Staff, Justice Management 
Division, Department of Justice, Washington, DC 20530 (Room 1400, 
National Place Building), Facsimile Number (202) 307-1853. To ensure 
proper handling, please reference the AAG/A Order No. on your 
correspondence. You may review an electronic version of this proposed 
rule at http://www.regulations.gov. You may also comment via the 
Internet to the DOJ/Justice Management Division at the following e-mail 
address: [email protected]; or by using the 
http://www.regulations.gov comment form for this regulation. When 
submitting comments electronically, you must include the AAG/A Order 
No. in the subject box.

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

SUPPLEMENTARY INFORMATION: In the notice section of today's Federal 
Register, the Department of Justice provides a description of this 
system of records.

Regulatory Flexibility Act

    This proposed rule relates to individuals rather than small 
business entities. Nevertheless, pursuant to the requirements of the 
Regulatory Flexibility Act, 5 U.S.C. 601-612, it is hereby stated that 
the proposed 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 Act, Privacy Act, Government in Sunshine Act.

    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:

PART 16--[AMENDED]

Subpart E--Exemption of Records Systems Under the Privacy Act

    1. The authority 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 16.133 is added to read as follows:


Sec.  16.133  Exemption of Department of Justice Regional Data Exchange 
System (RDEX), DOJ-012.

    (a) The Department of Justice Regional Data Exchange System (RDEX), 
DOJ-012, 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)(2). 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).
    (b) This system is exempted from the following subsections for the 
reasons set forth below:
    (1) From subsection (c)(3) because making available to a record 
subject the accounting of disclosures of criminal law enforcement 
records concerning him or her could inform that individual of the 
existence, nature, or scope of an investigation, or could otherwise 
seriously impede law enforcement efforts.
    (2) From subsection (c)(4) because this system is exempt from 
subsections (d)(1), (2), (3), and (4).
    (3) From subsection (d)(1) because disclosure of criminal law 
enforcement information could interfere with an investigation, reveal 
the identity of confidential sources, and result in an unwarranted 
invasion of the privacy of others.
    (4) From subsection (d)(2) because amendment of the records would 
interfere with ongoing criminal law enforcement proceedings and impose 
an impossible administrative burden by requiring investigations to be 
continuously reinvestigated.
    (5) From subsections (d)(3) and (4) because these subsections are 
inapplicable to the extent that exemption is claimed from subsections 
(d)(1) and (2).
    (6) From subsection (e)(1) because it is often impossible to 
determine in advance if criminal law enforcement records contained in 
this system are relevant and necessary, 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) From subsection (e)(2) because collecting information from the 
subject individual could serve notice that he or she is the subject of 
a criminal law enforcement matter and thereby present a serious 
impediment to law enforcement efforts. Further, because of the nature 
of criminal law enforcement matters, vital information about an 
individual frequently can be obtained only from other persons who are 
familiar with the individual and his or her activities and it often is 
not practicable to rely on information provided directly by the 
individual.
    (8) From subsection (e)(3) because informing individuals as 
required by this subsection could reveal the existence of a criminal 
law enforcement matter and compromise criminal law enforcement efforts.
    (9) From subsection (e)(5) because it is often impossible to 
determine in advance if criminal law enforcement records contained in 
this system are accurate, relevant, timely, and complete,

[[Page 39697]]

but, in the interests of effective law enforcement, it is necessary to 
retain this information to aid in establishing patterns of activity and 
obtaining investigative leads.
    (10) From subsection (e)(8) because serving notice could give 
persons sufficient warning to evade criminal law enforcement efforts.
    (11) From subsection (g) to the extent that this system is exempt 
from other specific subsections of the Privacy Act.

    Dated: June 30, 2005.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 05-13551 Filed 7-8-05; 8:45 am]
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