[Code of Federal Regulations]

[Title 28, Volume 1]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 28CFR16.131]



[Page 372-373]

 

                    TITLE 28--JUDICIAL ADMINISTRATION

 

                    CHAPTER I--DEPARTMENT OF JUSTICE

 

PART 16_PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION--Table of 

Contents

 

      Subpart E_Exemption of Records Systems Under the Privacy Act

 

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 to sources other than the record subject to ensure 

safekeeping, security, and effective law enforcement. For example, it 

maybe 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 

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,



[[Page 373]]



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, compliance 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).



[Order No. 242-2001, 66 FR 41445, Aug. 8, 2001; 66 FR 44308, Aug. 17, 

2001]