[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Proposed Rules]
[Pages 9878-9879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-3914]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[CPCLO Order No. 003-2012]
Privacy Act of 1974; Implementation
AGENCY: Department of Justice.
ACTION: Notice of proposed rulemaking.
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SUMMARY: Elsewhere in the Federal Register, the Department of Justice
(DOJ or Department) has published a notice of a new Department-wide
Privacy Act system of records, Debt Collection Enforcement System,
JUSTICE/DOJ-016. In this notice of proposed rulemaking, the DOJ
proposes to exempt certain records in this system from certain
provisions of the Privacy Act in order to avoid interference with the
law enforcement functions and responsibilities of the DOJ. Public
comment is invited.
DATES: Comments must be received by March 22, 2012.
ADDRESSES: Address all comments to the Department of Justice, ATTN:
Privacy Analyst, Office of Privacy and Civil Liberties, National Place
Building, 1331 Pennsylvania Avenue NW., Suite 1000, Washington, DC
20530, or facsimile (202) 307-0693. To ensure proper handling, please
reference the CPCLO Order number in your correspondence. You may review
an electronic version of the proposed rule at http://www.regulations.gov. You may also submit a comment via the Internet by
emailing [email protected] or by using the
comment form for this regulation at http://www.regulation.gov. Please
include the CPCLO Order number in the subject box.
Please note that the Department is requesting that electronic
comments be submitted before midnight Eastern standard time on the day
the comment period closes because http://www.regulations.gov terminates
the public's ability to submit comments at that time. Commenters in
time zones other than Eastern standard time may want to consider this
so that their electronic comments are received. All comments sent via
regular or express mail will be considered timely if postmarked on the
day the comment period closes.
Posting of Public Comments: Please note that all comments received
are considered part of the public record and made available for public
inspection online at http://www.regulations.gov and in the Department's
public docket. Such information includes personally identifying
information (such as your name, address, etc.) voluntarily submitted by
the commenter.
If you want to submit personally identifying information (such as
your name, address, etc.) as part of your comment but do not want it to
be posted online or made available in the public docket, you must
include the term ``PERSONALLY IDENTIFYING INFORMATION'' in the first
paragraph of your comment. You must also place all the personally
identifying information you do not want posted online or made available
in the public docket in the first paragraph of your comment and
identify what information you want redacted.
If you want to submit confidential business information as part of
your comment but do not want it to be posted online or made available
in the public docket, you must include the term ``CONFIDENTIAL BUSINESS
INFORMATION'' in the first paragraph of your comment. You must also
prominently identify confidential business information to be redacted
within the comment. If a comment has so much confidential business
information that it cannot be effectively redacted, all or part of that
comment may not be posted online or made available in the public
docket.
Personally identifying information and confidential business
information identified and located as set forth above will be redacted
and the comment, in redacted form, will be posted online and placed in
the Department's public docket file. Please note that the Freedom of
Information Act applies to all comments received. If you wish to
inspect the agency's public docket file in person by appointment,
please see the FOR FURTHER INFORMATION CONTACT paragraph.
FOR FURTHER INFORMATION CONTACT: Holley B. O'Brien, Director, Debt
Collection Management Staff, Justice Management Division, Department of
Justice, at (202) 514-5343.
SUPPLEMENTARY INFORMATION: In the Notice section of today's Federal
Register, the DOJ published a new Department-wide Privacy Act system of
records, Debt Collection Enforcement System, JUSTICE/DOJ-016, to
reflect the consolidation of the Department's debt collection
enforcement systems, that were previously maintained in various
individual DOJ components, into a single, centralized system. This
system of records is maintained by the Department of Justice to cover
records used by the Department's components or offices, and/or contract
private counsel retained by DOJ to perform legal, financial and
administrative services associated with the collection of debts due the
United States, including related negotiation, settlement, litigation,
and enforcement efforts.
In this rulemaking, the DOJ proposes to exempt certain records in
this Privacy Act system of records from certain provisions of the
Privacy Act because the system contains material compiled for law
enforcement purposes.
Regulatory Flexibility Act
This proposed rule relates to individuals, as opposed to small
business entities. Pursuant to the requirements of the Regulatory
Flexibility Act, 5 U.S.C. 601-612, the proposed rule will not have a
significant economic impact on a substantial number of small entities.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995, 44 U.S.C. 3507(d), requires
that the DOJ consider the impact of paperwork and other information
collection burdens imposed on the public. There are no current or new
information collection requirements associated with this proposed rule.
The records that are contributed to the Debt Collection Enforcement
system would be created in any event by law enforcement entities and
their sharing of this information electronically will not increase the
paperwork burden on the public.
Unfunded Mandates
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, 109 Stat. 48, requires Federal agencies to assess the
effects of certain regulatory actions on State, local, and tribal
governments, and the private sector. UMRA requires a written
[[Page 9879]]
statement of economic and regulatory alternatives for proposed and
final rules that contain Federal mandates. A ``Federal mandate'' is a
new or additional enforceable duty, imposed on any State, local, or
tribal government, or the private sector. If any Federal mandate causes
those entities to spend, in aggregate, $100 million or more in any one
year the UMRA analysis is required. This proposed rule would not impose
Federal mandates on any State, local, or tribal government or the
private sector.
List of Subjects in 28 CFR Part 16
Administrative practices and procedures, Courts, Freedom of
Information Act, Government in the Sunshine Act, and the Privacy Act.
Pursuant to the authority vested in the Attorney General by 5
U.S.C. 552a and delegated to me by Attorney General Order 2940-2008, it
is proposed to amend 28 CFR part 16 as follows:
PART 16--[AMENDED]
1. The authority citation 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.
Subpart E--Exemption of Records Systems Under the Privacy Act
2. Section 16.134 is added to read as follows:
Sec. 16.134 Exemption of Debt Collection Enforcement System, Justice/
DOJ-016.
(a) The following system of records is exempt from 5 U.S.C.
552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1), (2), (3),
(4)(G), (H) and (I), (5) and (8); (f) and (g) of the Privacy Act. In
addition, the system is exempt pursuant to 5 U.S.C. 552a(k)(2) from
subsections (c)(3); (d)(1), (2), (3), and (4); (e)(1); (4)(G), (H), and
(I); and (f). These exemptions apply only to the extent that
information in this system is subject to exemption pursuant to 5 U.S.C.
552a (j)(2) or (k)(2). Where compliance would not appear to interfere
with or adversely affect the law enforcement purposes of this system,
or the overall law enforcement process, the applicable exemption may be
waived by the DOJ in its sole discretion.
(b) Exemptions from the particular subsections are justified for
the following reasons:
(1) From subsection (c)(3), the requirement that an accounting be
made available to the named subject of a record, because certain
records in this system are exempt from the access provisions of
subsection (d). Also, because making available to a record subject the
accounting of disclosures from records concerning him/her would
specifically reveal any investigative interest in the individual.
Revealing this information may thus compromise ongoing law enforcement
efforts. Revealing this information may also permit the record subject
to take measures to impede the investigation, such as destroying
evidence, intimidating potential witnesses or fleeing the area to avoid
the investigation.
(2) From subsection (c)(4) notification requirements because
certain records in this system are exempt from the access and amendment
provisions of subsection (d) as well as the access to accounting of
disclosures provision of subsection (c)(3).
(3) From subsections (d)(1), (2), (3), and (4) because access to
the records contained in this system might compromise ongoing
investigations, reveal confidential informants, or constitute
unwarranted invasions of the personal privacy of third parties who are
involved in a certain investigation. Amendment of the records would
interfere with ongoing debt collection investigations or other law
enforcement proceedings and impose an impossible administrative burden
by requiring investigations to be continuously reinvestigated.
(4) From subsection (e)(1) because it is not always possible to
know in advance what information is relevant and necessary for law
enforcement purposes.
(5) From subsection (e)(2) to avoid impeding law enforcement
efforts associated with debt collection by putting the subject of an
investigation on notice of that fact, thereby permitting the subject to
engage in conduct intended to frustrate or impede that investigation.
(6) From subsection (e)(3) to avoid impeding law enforcement
efforts in conjunction with debt collection by putting the subject of
an investigation on notice of that fact, thereby permitting the subject
to engage in conduct intended to frustrate or impede that
investigation.
(7) From subsection (e)(4)(G), (H) and (I) because portions of this
system are exempt from the access provisions of subsection (d) pursuant
to subsections (j) and (k) of the Privacy Act.
(8) From subsection (e)(5) because many of the records in this
system are records contributed by other agencies and the restrictions
imposed by (e)(5) would limit the utility of the system.
(9) From subsection (e)(8), because to require individual notice of
disclosure of information due to compulsory legal process would pose an
impossible administrative burden on the DOJ and may alert the subjects
of law enforcement investigations, who might be otherwise unaware, to
the fact of those investigations.
(10) From subsections (f) and (g) to the extent that the system is
exempt from other specific subsections of the Privacy Act.
Dated: January 31, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
[FR Doc. 2012-3914 Filed 2-17-12; 8:45 am]
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