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: Final rule.

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SUMMARY: The Department of the Air Force is amending its Privacy Act

regulation to add an exemption to the system of records identified as

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

EFFECTIVE DATE: March 31, 1997.

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

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 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

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.

The Department of the Air Force is amending its Privacy Act

regulation to add an exemption to a system of records identified as

F111 AF JA B, Courts-Martial and Article 15 Records. The proposed rule

was published on January 28, 1997 at 62 FR 4025. No comments were

received, therefore, the rule is being adopted as final.

List of subjects in 32 CFR Part 806b

Privacy.

Accordingly, 32 CFR part 806b is 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 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.

(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

[[Page 17071]]

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: April 3, 1997.

L.M. Bynum,

Alternate OSD Federal Register Liaison Officer, Department of Defense

[FR Doc. 97-8971 Filed 4-8-97; 8:45 am]

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