Air Force Privacy Act Program

DEPARTMENT OF DEFENSE

Department of the Air Force

32 CFR Part 806b

[Air Force Reg. 12-35]

Air Force Privacy Act Program

AGENCY: Department of the Air Force, DOD.

ACTION: Proposed rule.

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SUMMARY: The Department of the Air Force proposes to amend its Privacy

Act regulations to add an exemption for a system of records identified

as F111 AF JA B, Courts-Martial and Article 15 Records.

DATES: Comments must be received on or before March 31, 1997, to be

considered by this agency.

ADDRESSES: Send comments to the Air Force Access Programs Manager, HQ

USAF/SCMI, 1250 Air Force Pentagon, Washington, DC 20330-1250.

FOR FURTHER INFORMATION CONTACT: Ms. Anne Rollins at (703) 697-8674 or

DSN 227-8674.

SUPPLEMENTARY INFORMATION: Executive Order 12866. It has been

determined that this Privacy Act proposed rule for the Department of

Defense does not constitute `significant regulatory action'. Analysis

of the rule indicates that it does not have an annual effect on the

economy of $100 million or more; does not create a serious

inconsistency or otherwise interfere with an action taken or planned by

another agency; does not materially alter the budgetary impact of

entitlements, grants, user fees, or loan programs or the rights and

obligations of recipients thereof; does not raise novel legal or policy

issues arising out of legal mandates, the President's priorities, or

the principles set forth in Executive Order 12866.

Regulatory Flexibility Act. It has been determined that this Privacy

Act proposed rule for the Department of Defense does not have

significant economic impact on a substantial number of small entities

because it is concerned only with the administration of Privacy Act

systems of records within the Department of Defense.

Paperwork Reduction Act. It has been determined that this Privacy Act

proposed rule for the Department of Defense imposes no information

requirements beyond the Department of Defense and that the information

collected within the Department of Defense is necessary and consistent

with 5 U.S.C. 552a, known as the Privacy Act, and 44 U.S.C. Chapter 35.

List of subjects in 32 CFR part 806b

Privacy.

Accordingly, 32 CFR part 806b is proposed to be amended as follows:

PART 806b - AIR FORCE PRIVACY ACT PROGRAM

1. The authority citation for 32 CFR Part 806b continues to read as

follows:

Authority: Pub. L. 93-579, 88 Stat 1896 (5 U.S.C. 552a).

2. Appendix C to Part 806b is proposed to be amended by adding

paragraph (b)(20) as follows:

Appendix C to Part 806b-General and specific exemptions.

* * * * *

b. Specific exemptions. * * *

(20) System identifier and name: F111 AF JA B, Courts-Martial and

Article 15 Records.

(i) Exemption. Portions of this system of records may be exempt

pursuant to 5 U.S.C. 552a(j)(2) from the following subsection of 5

U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H)

and (I), (e)(5), (e)(8), (f), and (g).

(ii) Exemption. Portions of this system of records may be exempt

pursuant to 5 U.S.C. 552a(k)(2) from the following subsection of 5

U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I), and (f).

(iii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).

(iv) Reason: (1)From subsection (c)(3) because the release of the

disclosure accounting, for disclosures pursuant to the routine uses

published for this system, would permit the subject of a criminal

investigation or matter under investigation to obtain valuable

information concerning the nature of that investigation which will

present a serious impediment to law enforcement.

(2) From subsection (c)(4) because an exemption is being claimed

for subsection (d), this subsection will not be applicable.

(3) From subsection (d) because access to the records contained in

this system would inform the subject of a criminal investigation of the

existence of that investigation, provide the subject of the

investigation with information that might enable him to avoid detection

or apprehension, and would present a serious impediment to law

enforcement.

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(4) From subsection (e)(1) because in the course of criminal

investigations information is often obtained concerning the violation

of laws or civil obligations of others not relating to an active case

or matter. In the interests of effective law enforcement, it is

necessary that this information be retained since it can aid in

establishing patterns of activity and provide valuable leads for other

agencies and future cases that may be brought.

(5) From subsection (e)(2) because in a criminal investigation the

requirement that information be collected to the greatest extent

possible from the subject individual would present a serious impediment

to law enforcement in that the subject of the investigation would be

placed on notice of the existence of the investigation and would

therefore be able to avoid detection.

(6) From subsection (e)(3) because 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, reveal the identity of confidential sources of

information and endanger the life and physical safety of confidential

informants.

(7) From subsections (e)(4)(G) and (H) because this system of

records is exempt from individual access pursuant to subsections (j)

and (k) of the Privacy Act of 1974.

(8) From subsection (e)(4)(I) because the identity of specific

sources must be withheld in order to protect the confidentiality of the

sources of criminal and other law enforcement information. This

exemption is further necessary to protect the privacy and physical

safety of witnesses and informants.

(9) 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 and the accuracy of such information can only be determined in a

court of law. The restrictions of subsection (e)(5) would restrict the

ability of trained investigators and intelligence analysts to exercise

their judgment in reporting on investigations and impede the

development of intelligence necessary for effective law enforcement.

(10) From subsection (e)(8) because 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

search authorizations and could reveal investigative techniques and

procedures.

(11) From subsection (f) because this system of records has been

exempted from the access provisions of subsection (d).

(12) From subsection (g) because this system of records is compiled

for law enforcement purposes and has been exempted from the access

provisions of subsections (d) and (f).

(13) Consistent with the legislative purpose of the Privacy Act of

1974, the Department of the Air Force will grant access to nonexempt

material in the records being maintained. Disclosure will be governed

by the Department of the Air Force's Privacy Regulation, but will be

limited to the extent that the identity of confidential sources will

not be compromised; subjects of an investigation of an actual or

potential criminal violation will not be alerted to the investigation;

the physical safety of witnesses, informants and law enforcement

personnel will not be endangered, the privacy of third parties will not

be violated; and that the disclosure would not otherwise impede

effective law enforcement. Whenever possible, information of the above

nature will be deleted from the requested documents and the balance

made available. The controlling principle behind this limited access is

to allow disclosures except those indicated above. The decisions to

release information from these systems will be made on a case-by-case

basis.

* * * * *

Dated: January 21, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense

[FR Doc. 97-1803 Filed 1-27-97; 8:45 am]

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