Exemption of Records System Under the Privacy Act

DEPARTMENT OF JUSTICE

28 CFR Part 16

[AAG/A Order No. 110-95]

Exemption of Records System Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice, Bureau of Prisons (Bureau),

proposes to exempt a Privacy Act system of records from the following

subsections of the Privacy Act: (c) (3) and (4), (d), (e)(1), (e)(2),

(e)(3), (e) (5) and (8), and (g). This system of records is the

``Access Control Entry/Exit System (JUSTICE/BOP-010).''

The exemptions are necessary to preclude the compromise of

institution security, to ensure the safety of inmates, Bureau personnel

and the public, to protect third party privacy, to protect law

enforcement and investigatory information, and/or to otherwise ensure

the effective performance of the Bureau's law enforcement functions.

DATES: Submit any comments by November 3, 1995.

ADDRESSES: Address all comments to Patricia E. Neely, Program Analyst,

Systems Policy Staff, Justice Management Division, Department of

Justice, Washington, DC 20530 (Room 850, WCTR Building).

FOR FURTHER INFORMATION CONTACT:

Patricia E. Neely, Program Analyst, Systems Policy Staff, Justice

Management Division, (202) 616-0178.

SUPPLEMENTARY INFORMATION: In the notice section of today's Federal

Register, the Bureau provides a description of the ``Access Control

Entry/Exit System, JUSTICE/BOP-010.''

This Order relates to individuals rather than small business

entities. Nevertheless, pursuant to the requirements of the Regulatory

Flexibility Act, 5 U.S.C. 601-612, this order will not have a

significant economic impact on a substantial number of small entities.

List of Subjects in Part 16

Administrative practices and procedure, Freedom of Information Act,

Government in the Sunshine Act, and Privacy Act.

Pursuant to the authority vested in the Attorney General by 5

U.S.C. 552a and delegated to me by Attorney General Order No. 793-78,

it is proposed to amend 28 CFR part 16 as set forth below.

Dated: September 22, 1995.

Stephen R. Colgate,

Assistant Attorney General for Administration.

1. The authority for Part 16 continues to read as follows:

Authority: 5 U.S.C. 301, 552, 552a, 552b(g) and 553; 18 U.S.C.

4203(a)(1); 28 U.S.C. 509, 510, 534; 31 U.S.C. 3717 and 9701.

2. It is proposed to amend 28 CFR 16.97 by redesignating paragraph

(c) as paragraph (i), by revising the first sentence of newly-

redesignated paragraph (i), and by adding paragraphs (c) and (d) to

read as follows:

Sec. 16.97 Exemption of Federal Bureau of Prisons Systems-limited

access.

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(c) The following system of records is exempted pursuant to 5

U.S.C. 552a(j)(2) from subsections (c) (3) and (4), (d), (e)(1),

(e)(2), (e)(3), (e)(5) and (8), and (g). In addition, the following

system of records is exempted pursuant to 5 U.S.C. 552a(k)(2) from

subsections (c)(3), (d), and (e)(1):

Bureau of Prisons Access Control Entry/Exit, (JUSTICE/BOP-010).

(d) These exemptions apply only to the extent that information in

these systems is subject to exemption pursuant to 5 U.S.C. 552a (j)(2)

or (k)(2). Where compliance would not appear to interfere with or

adversely affect the law enforcement process, and/or where it may be

appropriate to permit individuals to contest the accuracy of the

information collected, e.g. public source materials, or those supplied

by third parties, the applicable exemption may be waived, either

partially or totally, by the Bureau. Exemptions from the particular

subsections are justified for the following reasons:

(1) From subsection (c)(3) for similar reasons as those enumerated

in paragraph (3).

(2) From subsection (c)(4) to the extent that exemption from

subsection (d) will make notification of corrections or notations of

disputes inapplicable.

(3) From the access provisions of subsection (d) to the extent that

exemption from this subsection may appear to be necessary to prevent

access by record subjects to information that may jeopardize the

legitimate correctional interests of safety, security, and good order

of Bureau of Prisons facilities; to protect the privacy of third

parties; and to protect access to relevant information received from

third parties, such as other Federal State, local and foreign law

enforcement agencies, Federal and State probation and judicial offices,

the disclosure of which may permit a record subject to evade

apprehension, prosecution, etc.; and/or to otherwise protect

investigatory or law enforcement information, whether received from

other third parties, or whether developed internally by the Bureau.

(4) From the amendment provisions of subsection (d) because

amendment of the records would interfere with law enforcement

operations and impose an impossible administrative burden. In addition

to efforts to ensure accuracy so as to withstand possible judicial

scrutiny, it would require that law enforcement and investigatory

information be continuously reexamined, even where the information may

have been collected from the record subject. Also, where records are

provided by other Federal criminal justice agencies or other State,

local and foreign jurisdictions, it may be administratively impossible

to ensure compliance with this provision.

(5) From subsection (e)(1) to the extent that the Bureau may

collect information that may be relevant to the law enforcement

operations of other agencies. In the interests of overall, effective

law enforcement, such information should be retained and made available

to those agencies with relevant responsibilities.

(6) From subsection (e)(2) because primary collection of

information directly from the record subject is often highly

impractical, inappropriate and could result in inaccurate information.

(7) From subsection (e)(3) because compliance with this subsection

may impede the collection of information that may be valuable to law

enforcement interests.

(8) From subsection (e)(5) because in the collection and

maintenance of information for law enforcement purposes, it is

impossible to determine in advance what information is accurate,

relevant, timely and complete. Data which may seem unrelated,

irrelevant or incomplete when collected may take on added meaning or

significance as an investigation progresses or with the passage of

time, and could be relevant to future law enforcement decisions.

(9) From subsection (e)(8) because the nature of Bureau of Prisons

law enforcement activities renders notice of compliance with compulsory

legal process impractical and could seriously jeopardize institution

security and personal safety and/or impede overall law enforcement

efforts.

(10) From subsection (g) to the extent that the system is exempted

from subsection (d).

* * * * *

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

1974 (Pub. L. 93-579) the Bureau of Prisons has initiated a procedure

whereby federal inmates in custody may gain access and review their

individual prison files maintained at the institution of incarceration.

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[FR Doc. 95-24613 Filed 10-3-95; 8:45 am]

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