[Federal Register Volume 60, Number 111 (Friday, June 9, 1995)] [Rules and Regulations] [Pages 30466-30467] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-14106] ======================================================================= ----------------------------------------------------------------------- [[Page 30467]] DEPARTMENT OF JUSTICE 28 CFR Part 16 [AAG/A Order No. 105-95] Exemption of System of Records Under the Privacy Act AGENCY: Department of Justice. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Department of Justice (DOJ), U.S. Marshals Service (USMS), amends its Privacy Act regulations in 28 CFR part 16 to exempt a new Privacy Act system of records entitled, ``Joint Automated Booking Stations (JABS), USM-014.'' This system of records is exempted from subsections (c) (3) and (4), (d), (e) (1), (2) and (3), (e)(5), (e)(8) and (g) of the Privacy Act (5 U.S.C. 552a). Information in this system of records relates to matters of law enforcement, and the exemptions are necessary to avoid interference with law enforcement responsibilities and to protect the privacy of third parties. The reasons for the exemptions are set forth in the text below. EFFECTIVE DATE: June 9, 1995. FOR FURTHER INFORMATION CONTACT: Patricia E. Neely on (202) 616-0178. SUPPLEMENTARY INFORMATION: A proposed rule with invitation to comment was published in the Federal Register on April 13, 1995 (60 FR 18784). The public was provided 30 days in which to comment. No comments have been received. This order 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 the order 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, 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 No. 793-78, 28 CFR part 16 is amended as set forth below. Dated: May 22, 1995. Stephen R. Colgate, Assistant Attorney General for Administration. PART 16--[AMENDED] 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. 2. 28 CFR 16.101 is amended by redesignating paragraph (s) as paragraph (u), and by adding new paragraphs (s) and (t) as set forth below. Sec. 16.101 Exemption of U.S. Marshals Service (USMS) Systems--Limited Access, as indicated. * * * * * (s) The following system of records is exempt from 5 U.S.C. 552a(c) (3) and (4), (d), (e) (1), (2), (3), (e) (5) and (e) (8) and (g): Joint Automated Booking Stations, Justice/USM-014 (t) These exemptions apply only to the extent that information in the system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2). Where compliance would not interfere with or adversely affect the law enforcement process, the USMS may waive the exemptions, either partially or totally. Exemption from the particular subsections are justified for the following reasons: (1) From subsections (c)(3) and (d) to the extent that access to records in this system of records may impede or interfere with law enforcement efforts, result in the disclosure of information that would constitute and unwarranted invasion of the personal privacy of collateral record subjects or other third parties, and/or jeopardize the health and/or safety of third parties. (2) Where access to certain records may be appropriate, exemption from the amendment provisions of subsection (d)(2) in necessary to the extent that the necessary and appropriate justification, together with proof of record inaccuracy, is not provided, and/or to the extent that numerous, frivolous requests to amend could impose an impossible administrative burden by requiring agencies to continuously review booking and arrest data, much of which is collected from the arrestee during the arrest. (3) From subsection (e)(1) to the extent that it is necessary to retain all information in order not to impede, compromise, or interfere with law enforcement efforts, e.g., where the significance of the information may not be readily determined and/or where such information may provide leads or assistance to Federal and other law enforcement agencies in discharging their law enforcement responsibilities. (4) From subsection (e)(2) because, in some instances, the application of this provision would present a serious impediment to law enforcement since it may be necessary to obtain and verify information from a variety of sources other than the record subject to ensure safekeeping, security, and effective law enforcement. For example, it may be necessary that medical and psychiatric personnel provide information regarding the subject's behavior, physical health, or mental stability, etc. To ensure proper care while in custody, or it may be necessary to obtain information from a case agent or the court to ensure proper disposition of the subject individual. (5) From subsection (e)(3) because the requirement that agencies inform each individual whom it asks to supply information of such information as is required by subsection (e)(3) may, in some cases, impede the information gathering process or otherwise interfere with or compromise law enforcement efforts, e.g., the subject may deliberately withhold information, or give erroneous information. (6) From subsection (e)(5) because in the collection of information for law enforcement purposes it is impossible to determine in advance what information is accurate, relevant, timely and complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significance and the accuracy of such information can only be determined in a court of law. The restrictions imposed by subsection (e)(5) would restrict the ability to collect information for law enforcement purposes and may prevent the eventual development of the necessary criminal intelligence or otherwise impede effective law enforcement. (7) From subsection (e)(8) to the extent that such notice may impede, interfere with, or otherwise compromise law enforcement and security efforts. (8) From subsection (g) to the extent that this system is exempt from the access and amendment provisions of subsection (d). * * * * * [FR Doc. 95-14106 Filed 6-8-95; 8:45 am] BILLING CODE 4410-01-M