[Federal Register Volume 62, Number 68 (Wednesday, April 9, 1997)]
[Rules and Regulations]
[Pages 17070-17071]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-8971]
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DEPARTMENT OF DEFENSE
Department of the Air Force
32 CFR Part 806b
[Air Force Reg. 12-35]
Air Force Privacy Act Program
AGENCY: Department of the Air Force, DOD.
ACTION: Final rule.
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SUMMARY: The Department of the Air Force is amending its Privacy Act
regulation to add an exemption to the system of records identified as
F111 AF JA B, Courts-Martial and Article 15 Records.
EFFECTIVE DATE: March 31, 1997.
FOR FURTHER INFORMATION CONTACT: Ms. Anne Rollins at (703) 697-8674 or
DSN 227-8674.
SUPPLEMENTARY INFORMATION:
Executive Order 12866. It has been determined that this Privacy Act
rule for the Department of Defense does not constitute `significant
regulatory action'. Analysis of the rule indicates that it does not
have an annual effect on the economy of $100 million or more; does not
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency; does not materially alter the
budgetary impact of entitlements, grants, user fees, or loan programs
or the rights and obligations of recipients thereof; does not raise
novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in Executive Order
12866.
Regulatory Flexibility Act. It has been determined that this Privacy
Act rule for the Department of Defense does not have significant
economic impact on a substantial number of small entities because it is
concerned only with the administration of Privacy Act systems of
records within the Department of Defense.
Paperwork Reduction Act. It has been determined that this Privacy Act
rule for the Department of Defense imposes no information requirements
beyond the Department of Defense and that the information collected
within the Department of Defense is necessary and consistent with 5
U.S.C. 552a, known as the Privacy Act, and 44 U.S.C. Chapter 35.
The Department of the Air Force is amending its Privacy Act
regulation to add an exemption to a system of records identified as
F111 AF JA B, Courts-Martial and Article 15 Records. The proposed rule
was published on January 28, 1997 at 62 FR 4025. No comments were
received, therefore, the rule is being adopted as final.
List of subjects in 32 CFR Part 806b
Privacy.
Accordingly, 32 CFR part 806b is amended as follows:
Part 806b - Air Force Privacy Act Program
1. The authority citation for 32 CFR Part 806b continues to read as
follows:
Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).
2. Appendix C to Part 806b is amended by adding paragraph (b)(20)
as follows:
Appendix C to Part 806b-General and Specific Exemptions
* * * * *
(b) Specific exemptions.***
(20) System identifier and name: F111 AF JA B, Courts-Martial and
Article 15 Records.
(i) Exemption. Portions of this system of records may be exempt
pursuant to 5 U.S.C. 552a(j)(2) from the following subsection of 5
U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H)
and (I), (e)(5), (e)(8), (f), and (g).
(ii) Exemption. Portions of this system of records may be exempt
pursuant to 5 U.S.C. 552a(k)(2) from the following subsection of 5
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).
(iii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).
(iv) Reason: (1) From subsection (c)(3) because the release of the
disclosure accounting, for disclosures pursuant to the routine uses
published for this system, would permit the subject of a criminal
investigation or matter under investigation to obtain valuable
information concerning the nature of that investigation which will
present a serious impediment to law enforcement.
(2) From subsection (c)(4) because an exemption is being claimed
for subsection (d), this subsection will not be applicable.
(3) From subsection (d) because access to the records contained in
this system would inform the subject of a criminal investigation of the
existence of that investigation, provide the subject of the
investigation with information that might enable him to avoid detection
or apprehension, and would present a serious impediment to law
enforcement.
(4) From subsection (e)(1) because in the course of criminal
investigations information is often obtained concerning the violation
of laws or civil obligations of others not relating to an active case
or matter. In the interests of effective law enforcement, it is
necessary that this information be retained since it can aid in
establishing patterns of activity and provide valuable leads for other
agencies and future cases that may be brought.
(5) From subsection (e)(2) because in a criminal investigation the
requirement that information be collected to the greatest extent
possible from the subject individual would present a serious impediment
to law enforcement in that the subject of the investigation would be
placed on notice of the existence of the investigation and would
therefore be able to avoid detection.
(6) From subsection (e)(3) because the requirement that individuals
supplying information be provided with a form stating the requirements
of subsection (e)(3) would constitute a serious impediment to law
enforcement in that it could compromise the existence of a confidential
investigation, reveal the identity of confidential sources of
information and endanger the life and physical safety of confidential
informants.
(7) From subsections (e)(4)(G) and (H) because this system of
records is exempt from individual access pursuant to subsections (j)
and (k) of the Privacy Act of 1974.
(8) From subsection (e)(4)(I) because the identity of specific
sources must be withheld in order to protect the confidentiality of the
sources of criminal and other law enforcement information. This
exemption is further necessary to protect the privacy and physical
safety of witnesses and informants.
(9) 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 as further investigation brings new details to
light and the accuracy of such information can only be determined in a
court of law. The restrictions of subsection (e)(5) would restrict the
ability of trained investigators and intelligence analysts to exercise
their judgment in reporting on investigations and impede the
development of intelligence necessary for effective law enforcement.
(10) From subsection (e)(8) because the individual notice
requirements of subsection (e)(8) could present a serious impediment to
law enforcement as this
[[Page 17071]]
could interfere with the ability to issue search authorizations and
could reveal investigative techniques and procedures.
(11) From subsection (f) because this system of records has been
exempted from the access provisions of subsection (d).
(12) From subsection (g) because this system of records is compiled
for law enforcement purposes and has been exempted from the access
provisions of subsections (d) and (f).
(13) Consistent with the legislative purpose of the Privacy Act of
1974, the Department of the Air Force will grant access to nonexempt
material in the records being maintained. Disclosure will be governed
by the Department of the Air Force's Privacy Regulation, but will be
limited to the extent that the identity of confidential sources will
not be compromised; subjects of an investigation of an actual or
potential criminal violation will not be alerted to the investigation;
the physical safety of witnesses, informants and law enforcement
personnel will not be endangered, the privacy of third parties will not
be violated; and that the disclosure would not otherwise impede
effective law enforcement. Whenever possible, information of the above
nature will be deleted from the requested documents and the balance
made available. The controlling principle behind this limited access is
to allow disclosures except those indicated above. The decisions to
release information from these systems will be made on a case-by-case
basis.
* * * * *
Dated: April 3, 1997.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense
[FR Doc. 97-8971 Filed 4-8-97; 8:45 am]
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