[Federal Register Volume 70, Number 164 (Thursday, August 25, 2005)]
[Rules and Regulations]
[Pages 49870-49871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-16866]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 007-2005]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice is exempting the 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. The system of records document was published 
in the Federal Register on July 11, 2005 at 70 FR 39790. The proposed 
rule was published in the Federal Register on July 11, 2005 at 39696.

DATES: Effective Date: This final rule is effective August 25, 2005.

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

SUPPLEMENTARY INFORMATION: On July 11, 2005 at 70 FR 39696 a proposed 
rule was published in the Federal Register with an invitation to 
comment. No comments were received.

Regulatory Flexibility Act

    This 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 this 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, and Government in Sunshine Act.


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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, amend 28 
CFR part 16 as follows:

PART 16--[AMENDED]

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

0
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.


0
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).

[[Page 49871]]

    (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, 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: August 19, 2005.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 05-16866 Filed 8-24-05; 8:45 am]
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