[Code of Federal Regulations]
[Title 28, Volume 1]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR16.102]

[Page 369-371]
 
                    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. 16.102  Exemption of Drug Enforcement Administration and Immigration and 

Naturalization Service Joint System of Records.

    (a) The following system of records is exempted pursuant to 
provisions of 5 U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), 
(e) (1), (2) and (3), (e)(4) (G), (H), and (I), (e)(5) and (8), (f), 
(g), and (h) of 5 U.S.C. 552a; in addition the following system of 
records is exempted pursuant to the provisions of 5 U.S.C. 552 (k)(1) 
and (k)(2) from subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and 
(I), and (f) of 5 U.S.C. 552a.
    (1) Automated Intelligence Record System (Pathfinder), JUSTICE/DEA-
INS-111.


These exemptions apply to the extent that information in those systems 
is subject to exemption pursuant to 5 U.S.C. 552a (j)(2), (k)(1) and 
(k)(2).
    (b) The system of records listed under paragraph (a) of this section 
is exempted, for the reasons set forth from the following provisions of 
5 U.S.C. 552a:
    (1)(c)(3). The release of the disclosure accounting for disclosures 
made pursuant to subsection (b) of the Act, including those permitted 
under the routine uses published for these systems of records, would 
permit the subject of an investigation of an actual or potential 
criminal, civil, or regulatory violation to determine whether he is the 
subject of investigation, or to obtain valuable information concerning 
the nature of that investigation, and the information obtained, or the 
identity of witnesses and informants and would therefore present a 
serious impediment to law enforcement. In addition, disclosure of the 
accounting would amount to notice to the individual of the existence of 
a record; such notice requirement under subsection (f)(1) is 
specifically exempted for these systems of records.
    (2)(c)(4). Since an exemption is being claimed for subsection (d) of 
the Act (Access to Records) this subsection is inapplicable to the 
extent that these systems of records are exempted from subsection (d).
    (3)(d). Access to the records contained in these systems would 
inform the subject of an investigation of an actual or potential 
criminal, civil, or regulatory violation of the existence of that 
investigation, or the nature and scope of the information and evidence 
obtained as to his activities, of the identity of witnesses and 
informants, or would provide information that could enable the subject 
to avoid detection or apprehension. These factors would present a 
serious impediment to effective law enforcement because they

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could prevent the successful completion of the investigation, endanger 
the physical safety of witnesses or informants, and lead to the improper 
influencing of witnesses, the destruction of evidence, or the 
fabrication of testimony.
    (4)(e)(1). The notices of these systems of records published in the 
Federal Register set forth the basic statutory or related authority for 
maintenance of this system. However, in the course of criminal or other 
law enforcement investigations, cases, and matters, the Immigration and 
Naturalization Service or the Drug Enforcement Administration will 
occasionally obtain information concerning actual or potential 
violations of law that are not strictly within its statutory or other 
authority or may compile information in the course of an investigation 
which may not be relevant to a specific prosecution. In the interests of 
effective law enforcement, it is necessary to retain such information in 
these systems of records since it can aid in establishing patterns of 
criminal activity and can provide valuable leads for federal and other 
law enforcement agencies.
    (5)(e)(2). In a criminal investigation or prosecution, the 
requirement that information be collected to the greatest extent 
practicable from the subject individual would present a serious 
impediment to law enforcement because the subject of the investigation 
or prosecution would be placed on notice as to the existence of the 
investigation and would therefore be able to avoid detection or 
apprehension, to influence witnesses improperly, to destroy evidence, or 
to fabricate testimony.
    (6)(e)(3). 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 or reveal the 
identity of witnesses or confidential informants.
    (7)(e)(4) (G) and (H). Since an exemption is being claimed for 
subsections (f) (Agency Rules) and (d) (Access to Records) of the Act 
these subsections are inapplicable to the extent that these systems of 
records are exempted from subsections (f) and (d).
    (8)(e)(4)(I). The categories of sources of the records in these 
systems have been published in the Federal Register in broad generic 
terms in the belief that this is all that subsection (e)(4)(I) of the 
Act requires. In the event, however, that this subsection should be 
interpreted to require more detail as to the identity of sources of the 
records in these systems, exemption from this provision is necessary in 
order to protect the confidentiality of the sources of criminal and 
other law enforcement information. Such exemption is further necessary 
to protect the privacy and physical safety of witnesses and informants.
    (9)(e)(5). In the collection of information for criminal 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 often only be determined 
in a court of law. The restrictions of subsection (e)(5) would restrict 
the ability of trained investigators, intelligence analysts, and 
government attorneys in exercising their judgment in reporting on 
information and investigations and impede the development of criminal or 
other intelligence necessary for effective law enforcement.
    (10)(e)(8). The individual notice requirements of subsection (e)(8) 
could present a serious impediment to law enforcement as this could 
interfere with the ability to issue warrants or subpoenas and could 
reveal investigative techniques, procedures, or evidence.
    (11)(f). Procedures for notice to an individual pursuant to 
subsection (f)(1) as to the existence of records pertaining to him 
dealing with an actual or potential criminal, civil, or regulatory 
investigation or prosecution must be exempted because such notice to an 
individual would be detrimental to the successful conduct and/or 
completion of an investigation or prosecution pending or future. In 
addition, mere notice of the fact of an investigation could inform

[[Page 371]]

the subject or others that their activities are under or may become the 
subject of an investigation and could enable the subjects to avoid 
detection or apprehension, to influence witnesses improperly, to destroy 
evidence, or to fabricate testimony.


Since an exemption is being claimed for subsection (d) of the Act 
(Access to Records) the rules required pursuant to subsections (f) (2) 
through (5) are inapplicable to these systems of records to the extent 
that these systems of records are exempted from subsection (d).
    (12)(g). Since an exemption is being claimed for subsections (d) 
(Access to Records) and (f) (Agency Rules) this section is inapplicable, 
and is exempted for the reasons set forth for those subsections, to the 
extent that these systems of records are exempted from subsections (d) 
and (f).
    (13)(h). Since an exemption is being claimed for subsection (d) 
(Access to Records) and (f) (Agency Rules) this section is inapplicable, 
and is exempted for the reasons set forth for those subsections, to the 
extent that these systems of records are exempted from subsections (d) 
and (f).
    (14) In addition, exemption is claimed for these systems of records 
from compliance with the following provisions of the Privacy Act of 1974 
(5 U.S.C. 552a) pursuant to the provisions of 5 U.S.C. 552a(k)(1): 
subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), and (I), and (f) to 
the extent that the records contained in these systems are specifically 
authorized to be kept secret in the interests of national defense and 
foreign policy.

[Order No. 742-77, 42 FR 40907, Aug. 12, 1977]