[Federal Register: January 31, 2003 (Volume 68, Number 21)]
[Proposed Rules]
[Page 4974-4975]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31ja03-39]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[FBI 109P; AAG/A ORDER No. 006-2003]
RIN 1110-AA08
Privacy Act of 1974; Implementation
AGENCY: Department of Justice.
ACTION: Proposed rule.
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SUMMARY: The Department of Justice (DOJ), Federal Bureau of
Investigation (FBI), proposes to exempt the FBI's National Crime
Information Center (NCIC) (JUSTICE/FBI-001), Central Records System
(CRS) (JUSTICE/FBI-002), and National Center for the Analysis of
Violent Crime (NCAVC) (JUSTICE/FBI-015) systems of records from the
Privacy Act. The exemption is necessary to avoid interference with law
enforcement functions and responsibilities of the FBI.
DATES: Written comments must be received on or before March 3, 2003.
ADDRESSES: All comments concerning this proposed rule should be mailed
to: Mary Cahill, Management and Planning Staff, Justice Management
Division, Department of Justice, Washington, DC 20530 (1400 National
Place Building).
FOR FURTHER INFORMATION CONTACT: Mary Cahill, (202) 307-1823.
SUPPLEMENTARY INFORMATION: The FBI proposes to exempt the FBI's
National Crime Information Center, Central Records System and National
Center for the Analysis of Violent Crime systems of records from
subsection (e)(5) of the Privacy Act, 5 U.S.C. 552a. Also, the FBI
proposes to correct a typographical error by moving the title of the
National Crime Information Center to the correct subsection. Except for
these amendments, the proposed rule changes do not alter practices and
procedures that are currently in effect. However, the FBI is currently
reviewing additional changes to this regulation for possible
promulgation in future rulemaking.
This proposed rule relates to individuals, as opposed to small
business entities. Nevertheless, pursuant to the requirements of the
Regulatory Flexibility Act, 5 U.S.C. 601-612, the proposed rule 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, and Privacy.
Pursuant to the authority vested in the Attorney General by 5
U.S.C. 552a and delegated to me by Attorney General Order 793-78, it is
proposed to amend 28 CFR part 16 as follows:
PART 16--[AMENDED]
Subpart E--Exemption of Records Systems Under the Privacy Act
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.
2. Section 16.96 is amended as follows:
(a) By revising the introductory text of paragraph (a);
(b) By redesignating paragraph (b)(6) as (b)(7) and adding a new
paragraph (b)(6);
(c) By revising the introductory text of paragraph (g) and adding
new paragraph (g)(1);
(d) By redesignating paragraph (h)(5) as (h)(6) and adding new
paragraph (h)(5);
(e) By revising the introductory text of paragraph (j);
(f) By adding a new paragraph (k)(5);
(g) By removing ``National Crime Information Center (NOIC) [sic]
(JUSTICE/FBI-001).'' from paragraph (k)(4).
The revisions and additions read as follows.
Sec. 16.96 Exemption of Federal Bureau of Investigation Systems--
limited access.
(a) The following system of records is exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5),
(e)(8), (f) and (g):
* * * * *
(b) * * *
(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 as further investigation brings new details to
light. The restrictions imposed by subsection (e)(5) would limit the
ability of trained investigators and intelligence analysts to exercise
their judgment in reporting on investigations and impede the
development of criminal intelligence necessary for effective law
enforcement. In addition, because many of these records come from other
federal, state, local, joint, foreign, tribal, and international
agencies, it is administratively impossible to ensure compliance with
this provision.
* * * * *
(g) The following system of records is exempt from 5 U.S.C. 552a
(c)(3) and (4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G) and (H), (e)(5),
(e)(8), (f), and (g):
(1) National Crime Information Center (NCIC) (JUSTICE/FBI-001).
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)(3).
* * * * *
(h) * * *
(5) 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. The restrictions imposed by subsection (e)(5) would limit the
ability of trained investigators and intelligence analysts to exercise
their judgment in reporting on investigations and impede the
development of criminal intelligence necessary for effective law
enforcement. In addition, the vast majority of these records come from
other federal, state, local, joint, foreign, tribal, and international
agencies and it is administratively impossible to ensure that the
records comply with this provision. Submitting agencies are, however,
urged on a continuing basis to ensure that their records are accurate
and include all dispositions.
* * * * *
(j) The following system of records is exempt from 5 U.S.C. 552a
(c)(3), (d), (e)(1), (e)(4)(G) and (H), (e)(5), (f) and (g):
* * * * *
(k) * * *
(5) From subsection (e)(5) because in the collection of information
for law enforcement purposes it is impossible to
[[Page 4975]]
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. The restrictions imposed by subsection
(e)(5) would limit the ability of trained investigators and
intelligence analysts to exercise their judgment in reporting on
investigations and impede the development of criminal intelligence
necessary for effective law enforcement. In addition, because many of
these records come from other federal, state, local, joint, foreign,
tribal, and international agencies, it is administratively impossible
to ensure compliance with this provision.
* * * * *
Dated: January 17, 2003.
Paul R. Corts,
Assistant Attorney General for Administration.
[FR Doc. 03-2251 Filed 1-30-03; 8:45 am]
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