United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2012_register executive 2012-03-16 article Rules and Regulations D09002ee1c7fd4652 D09002ee1c7fd46eb United States Department of Defense originator org United States Government Agency or Subagency United States Office of the Secretary originator org 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 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 Vol. 77, no. 52 Office of the Federal Register, National Archives and Records Administration 2012-03-16 continuing daily deposited born digital 387 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2012-03-16 P0b002ee1820feb30 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr16mr12 https://www.govinfo.gov/app/details/FR-2012-03-16 https://www.govinfo.gov/content/pkg/FR-2012-03-16/pdf/FR-2012-03-16.pdf https://www.govinfo.gov/content/pkg/FR-2012-03-16/xml/FR-2012-03-16.xml fdlp 15555 15932 DGPO 2012-03-16 2024-06-03 FR-2012-03-16 machine generated eng FR FR-2012-03-16 77 52