[Federal Register Volume 66, Number 78 (Monday, April 23, 2001)]
[Proposed Rules]
[Pages 20410-20411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9909]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[AAG/A Order No. 228-2001]
Privacy Act of 1974; Implementation
AGENCY: Department of Justice.
ACTION: Proposed rule.
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SUMMARY: The Department of Justice (DOJ), Joint Automated Booking
System (JABS) Program Office proposes to establish its new Privacy Act
regulations. The DOJ proposes to exempt a new Privacy Act system of
records entitled, ``Nationwide Joint Automated Booking System (JABS),
DOJ-005'' from subsections (c)(3) and (4), (d), (e)(1), (2) and (3),
(4)(G) and (H), (e)(5) and (8), (f) and (g) of the Privacy Act (5
U.S.C. 552a), pursuant to 552a(j)(2) and (k)(2). 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.
DATES: Submit any comments by May 23, 2001.
ADDRESSES: Address all comments to Mary Cahill, Management Analyst,
Justice Management Division, Department of Justice, Washington, DC
20530 (Room 1400, National Place Building).
FOR FURTHER INFORMATION CONTACT: Mary Cahill, (202) 307-1823.
SUPPLEMENTARY INFORMATION: In the notice section of today's Federal
Register, the Department of Justice provides a description of this
system of records.
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 Part 16
Administrative Practices and Procedure, Courts, Freedom of
Information Act, Government in the Sunshine Act, and the Privacy Act.
Dated: April 9, 2001.
Janis A. Sposato,
Acting Assistant Attorney General for Administration.
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,
it is proposed to amend 28 CFR part 16, as follows.
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, 901.
2. It is proposed to add Sec. 16.131 to read as follows:
Sec. 16.131 Exemption of Department of Justice (DOJ)/Nationwide Joint
Automated Booking System (JABS), DOJ-005.
(a) The following system of records is exempt from 5 U.S.C. 552a(c)
(3) and (4), (d), (e)(1), (2), (3), (4) (G) and (H), (e)(5) and (8),
(f) and (g): Nationwide Joint Automated Booking System, Justice/DOJ-
005. 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) and
(k)(2). Where compliance would not interfere with or adversely affect
the law enforcement process, the DOJ may waive the exemptions, either
partially or totally.
(b) Exemption from the particular subsections are justified for the
following reasons:
(1) From subsections (c)(3), (c)(4), 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 an 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) 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.
(3) 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.
(4) 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
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withhold information, or give erroneous information.
(5) From subsection (4) (G) and (H) because the application of
these provisions would present a serious impediment to law enforcement
efforts.
(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, may prevent the eventual development of the
necessary criminal intelligence, or otherwise impede law enforcement or
delay trained law enforcement personnel from timely exercising their
judgment in managing the arrestee.
(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 5 U.S.C. 552a(f) to the extent that compliance
with the requirement for procedures providing individual access to
records could impede, compromise, or interfere with law enforcement
efforts.
(9) From subsection (g) to the extent that this system is exempt
from the access and amendment provisions of subsection (d).
[FR Doc. 01-9909 Filed 4-20-01; 8:45 am]
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