[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23116-23117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9001]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[CPCLO Order No. 009-2012]
Privacy Act of 1974; Implementation
AGENCY: Department of Justice.
ACTION: Final Rule.
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SUMMARY: The Department of Justice (DOJ or Department) is issuing a
final rule for a new Department-wide Privacy Act system of records
entitled, Debt Collection Enforcement System, JUSTICE/DOJ-016. The
Department is exempting the Debt Collection Enforcement System,
JUSTICE/DOJ-016, pursuant to 5 U.S.C. 552a(j) and (k) from subsections
(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 for the
reasons set forth in the following text. Information in this system of
records relates to matters of law enforcement efforts associated with
debt collection purposes, and certain records in this system are exempt
from certain provisions of the Privacy Act in order to avoid
interference with such law enforcement functions and responsibilities
of the DOJ.
DATES: Effective Date: April 18, 2012.
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: Notice of the proposed rule with invitations
to comment was published on February 21, 2012, at 77 FR 9878. The
Department received one comment from a member of the public regarding
exemption from the access provisions of the Privacy Act. The Department
accepted the comment but has declined to adopt the comment because the
system of records is validly exempt from the access provisions of the
Privacy Act for the reasons set forth below. In addition, the
Department is making minor stylistic changes to the authority cited for
Part 16.134 to reflect only the authority for the proposed rule, which
is 5 U.S.C. 552a. Further, the Department is making a minor stylistic
change to Part 16.134(a) by adding the
[[Page 23117]]
phrase ``pursuant to 5 U.S.C. 552a(j)(2)'' after the phrase ``[t]he
following system of records is exempt'' to clarify the statutory reason
for the exemption.
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, 28
CFR part 16 is amended as follows:
PART 16--[AMENDED]
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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
0
2. Section 16.134 is added to subpart E to read as follows:
Sec. 16.134 Exemption of Debt Collection Enforcement System, Justice/
DOJ-016.
(a) The following system of records is exempt pursuant to 5 U.S.C.
552a(j)(2) from subsections (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: April 5, 2012.
Nancy C. Libin,
Chief Privacy and Civil Liberties Officer, United States Department of
Justice.
[FR Doc. 2012-9001 Filed 4-17-12; 8:45 am]
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