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Regulatory Information
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2012-03-16
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Privacy Act of 1974; Implementation
Rules and Regulations
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D09002ee1bdcbe553
United States
Department of Defense
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United States Government Agency or Subagency
United States
Office of the Secretary
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United States Government Agency or Subagency
The Office of the Secretary of Defense is exempting those records contained in DMDC 13 DoD, entitled ``Defense Clearance and Investigations Index (DCII),'' pertaining to investigatory material compiled for law enforcement purposes to enable OSD components to conduct certain investigations and relay law enforcement information without compromise of the information, protect investigative techniques and efforts employed, and identities of confidential sources who might not otherwise come forward and who furnished information under an express promise that the sources' identity would be held in confidence. The exemption will allow DoD to provide protection against notification of investigatory material including certain reciprocal investigations and counterintelligence information, which might alert a subject to the fact that an investigation of that individual is taking place, and the disclosure of which would weaken the on-going investigation, reveal investigatory techniques, and place confidential informants in jeopardy who furnished information under an express promise that the sources' identity would be held in confidence. Further, requiring OSD to grant access to records and agency rules for access and amendment of records would unfairly impede the investigation of allegations of unlawful activities. To require OSD to confirm or deny the existence of a record pertaining to a requesting individual may in itself provide an answer to that individual relating to an on-going investigation. The investigation of possible unlawful activities would be jeopardized by agency rules requiring verification of record, disclosure of the record to the subject, and record amendment procedures. This direct final rule makes nonsubstantive changes to the Office of the Secretary Privacy Program rules. These changes will allow the Department to add an exemption rule to the Office of the Secretary of Defense Privacy Program rules that will exempt applicable Department records and/or material from certain portions of the Privacy Act. This change will allow the Department to move part of the Department's personnel security program records from the Defense Security Service Privacy Program to the Office of the Secretary of Defense Privacy Program. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the applicable records and/or material when the purposes underlying the exemption(s) are valid and necessary. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.
77 FR 15588
https://www.govinfo.gov/app/details/FR-2012-03-16/2012-6168
2012-6168
fr16mr12-10
5001-06-P
Docket ID DoD-2012-OS-0028
https://www.govinfo.gov/app/details/FR-2012-03-16/2012-6168
https://www.govinfo.gov/content/pkg/FR-2012-03-16/html/2012-6168.htm
https://www.govinfo.gov/content/pkg/FR-2012-03-16/pdf/2012-6168.pdf
Privacy
3 p.
15588
15590
77 FR 15588
Code of Federal Regulations
Title 32 Part 311
32 CFR Part 311
Privacy Act of 1974; Implementation; Federal Register Vol. 77, Issue
RULE
2012-6168
DEPARTMENT OF DEFENSE
Office of the Secretary
2012-05-25
2012-05-15
Docket ID DoD-2012-OS-0028
5001-06-P
2012-6168
Direct final rule with request for comments.
The Office of the Secretary of Defense is exempting those records contained in DMDC 13 DoD, entitled ``Defense Clearance and Investigations Index (DCII),'' pertaining to investigatory material compiled for law enforcement purposes to enable OSD components to conduct certain investigations and relay law enforcement information without compromise of the information, protect investigative techniques and efforts employed, and identities of confidential sources who might not otherwise come forward and who furnished information under an express promise that the sources' identity would be held in confidence. The exemption will allow DoD to provide protection against notification of investigatory material including certain reciprocal investigations and counterintelligence information, which might alert a subject to the fact that an investigation of that individual is taking place, and the disclosure of which would weaken the on-going investigation, reveal investigatory techniques, and place confidential informants in jeopardy who furnished information under an express promise that the sources' identity would be held in confidence. Further, requiring OSD to grant access to records and agency rules for access and amendment of records would unfairly impede the investigation of allegations of unlawful activities. To require OSD to confirm or deny the existence of a record pertaining to a requesting individual may in itself provide an answer to that individual relating to an on-going investigation. The investigation of possible unlawful activities would be jeopardized by agency rules requiring verification of record, disclosure of the record to the subject, and record amendment procedures. This direct final rule makes nonsubstantive changes to the Office of the Secretary Privacy Program rules. These changes will allow the Department to add an exemption rule to the Office of the Secretary of Defense Privacy Program rules that will exempt applicable Department records and/or material from certain portions of the Privacy Act. This change will allow the Department to move part of the Department's personnel security program records from the Defense Security Service Privacy Program to the Office of the Secretary of Defense Privacy Program. This will improve the efficiency and effectiveness of DoD's program by preserving the exempt status of the applicable records and/or material when the purposes underlying the exemption(s) are valid and necessary. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary.
The rule is effective on May 25, 2012 unless comments are received that would result in a contrary determination. Comments will be accepted on or before May 15, 2012. If DoD receives a significant adverse comment, the Department will publish a withdrawal of this direct final rule in the Federal Register.
Ms. Cindy Allard at (703) 588-6830.
Privacy
Privacy Act; Implementation
,
http://www.regulations.gov
Federal Register
Vol. 77, no. 52
Office of the Federal Register, National Archives and Records Administration
2012-03-16
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387 p.
Table of Contents:
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FR
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