[Federal Register: June 22, 1994]
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CONSUMER PRODUCT SAFETY COMMISSION
16 CFR Part 1014
Privacy Act of 1974; Specific Exemptions
AGENCY: Consumer Product Safety Commission.
ACTION: Final rule.
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SUMMARY: The Consumer Product Safety Commission (``Commission'') is
issuing a rule to exempt a system of records from certain provisions of
the Privacy Act of 1974, 5 U.S.C. 552a (``Privacy Act''), to the extent
that the system contains investigatory material pertaining to the
enforcement of criminal laws or compiled for law enforcement purposes.
The system of records includes the investigative files of the Office of
Inspector General of the Commission.
EFFECTIVE DATE: July 22, 1994.
FOR FURTHER INFORMATION CONTACT: Richard W. Allen, Counsel to the
Inspector General, Office of the General Counsel, Consumer Product
Safety Commission, Washington, DC 20207, telephone 301-504-0980.
SUPPLEMENTARY INFORMATION:
Background
The Commission proposed this rule on August 2, 1990, at 55 FR
31404. No comments have been received, and the rule is being issued
without change except for a fuller description of the record system
subject to the rule and the correction of typographical errors. The
purpose and effect of the rule is set forth below.
The Inspector General Act, 5 U.S.C. App., authorizes the Office of
Inspector General of the Commission to conduct investigations to detect
fraud and abuse in the programs and operations of the Commission and to
assist in the prosecution of participants in such fraud or abuse. The
Office of Inspector General of the Commission maintains information in
a system of records, identified as ``Office of the Inspector General
Investigative Files--CPSC-6,'' pursuant to its law enforcement and
criminal investigation functions. Disclosure of information in these
investigatory files or disclosure of the identity of confidential
sources could seriously undermine the effectiveness of the Inspector
General's investigations. For example, premature disclosure of
information of such investigations could enable suspects to take action
to prevent detection of criminal activities, conceal or destroy
evidence, or escape prosecution. Premature disclosure of this
information could also lead to the possible intimidation of, or harm
to, informants, witnesses, or investigative personnel and their
families. Further, the imposition of certain Privacy Act restrictions
on the manner in which information is collected, verified, or retained
could significantly impede the effectiveness of the Inspector General's
investigations and could preclude the apprehension and successful
prosecution of persons engaged in fraud or criminal activity.
Thus, the Commission is issuing a rule to exempt this system of
records from certain provisions of the Privacy Act where application of
the Privacy Act would interfere with the conduct of an investigation by
the Inspector General. Section (k)(2) of the Privacy Act, 5 U.S.C.
552a(k)(2), provides the authority for agencies to exempt records
containing investigatory material compiled for law enforcement purpose
from certain other provisions of the Act.
The information in this system of records may also be used for the
purpose of determining suitability, eligibility, or qualifications for
federal civilian employment. Section (k)(5) of the Privacy Act, 5
U.S.C. 552a(k)(5), provides that investigatory material compiled solely
for those purposes may be exempted from certain other provisions of the
Privacy Act, but only to the extent that the disclosure of such
material would reveal the identity of a source who furnished
information under an express promise that the identity of the source
would be held in confidence. The rule being issued provides for such
exemptions.
16 CFR 1014.12 currently exempts other systems of records from
certain requirements of the Privacy Act. This rule adds a new paragraph
to Sec. 1014.12 to exempt the Inspector General's investigative files
from certain requirements of the Privacy Act.
Pursuant to section 605(b) of the Regulatory Flexibility Act, 5
U.S.C. 605(b), the Commission certifies that the amendment to 16 CFR
1014.12, Specific Exemptions, will not have a significant impact on a
substantial number of small entities.
List of Subjects in 16 CFR Part 1014
Privacy.
For the reason stated in the preamble, Chapter II, Title 16 of the
Code of Federal Regulations is amended as follows:
PART 1014--POLICIES AND PROCEDURES IMPLEMENTING THE PRIVACY ACT OF
1974
1. The authority citation for part 1014 continues to read as
follows:
Authority: Privacy Act of 1974 (5 U.S.C. 552a).
Sec. 1014.12 [Amended]
2. Section 1014.12, Specific exemptions, is amended by adding
paragraph (b) to read as follows:
* * * * *
(b) Inspector General Investigative Files--CPSC-6. All portions of
this system of records which fall within 5 U.S.C. 552a(k)(2)
(investigatory materials compiled for law enforcement purposes) and 5
U.S.C. 552a(k)(5) (investigatory materials solely compiled for
suitability determinations) are exempt from 5 U.S.C. 552a(c)(3)
(mandatory accounting of disclosures); 5 U.S.C. 552a(d) (access by
individuals to records that pertain to them); 5 U.S.C. 552a(e)(1)
(requirement to maintain only such information as is relevant and
necessary to accomplish an authorized agency purpose); 5 U.S.C.
552a(e)(4)(G) (mandatory procedures to notify individuals of the
existence of records pertaining to them); 5 U.S.C. 552a(e)(4)(H)
(mandatory procedures to notify individuals how they can obtain access
to and contest records pertaining to them); 5 U.S.C. 552a(e)(4)(I)
(mandatory disclosure of records source categories); and the
Commission's regulations in 16 CFR part 1014 which implement these
statutory provisions.
Dated: June 17, 1994.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 94-15177 Filed 6-21-94; 8:45 am]
BILLING CODE 6355-01-P