# 60 FR 19871: Exemption of Records System Under the Privacy Act > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_95-9807 ## Section - **Citation:** 60 FR 19871 - **Heading:** Exemption of Records System Under the Privacy Act - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 60 / 60 FR 19871 ## Text DEPARTMENT OF JUSTICE 28 CFR Part 16 [AAG/A Order No. 102-95] Exemption of Records System Under the Privacy Act AGENCY: Department of Justice. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Department of Justice, Bureau of Prisons (BOP), proposes to exempt a Privacy Act system of records from subsections (c)(3) and (4), (d), (e)(2) and (3), (e)(5) and (8), (f) and (g) of the Privacy Act, 5 U.S.C. 552a(j)(2) and (k)(2). This system of records is the BOP ``Telephone Activity Record System (JUSTICE/BOP-011).'' Information in this system relates to inmate telephone activity and may include information relating to official Federal investigations and matters of law enforcement of the BOP pursuant to 18 U.S.C. 2510 et seq., 3621, 4003, 4042 and 4082. The exemptions are necessary to protect third party privacy and to avoid interference with law enforcement activities, e.g., to preclude the disclosure of investigative techniques, to prevent subjects of investigations from frustrating the investigative process, and to more effectively ensure the safety, security and good order of Federal correctional facilities. DATES: Submit any comments by May 22, 1995. ADDRESSES: Address all comments to Patricia E. Neely, Staff Assistant, Systems Policy Staff, Justice Management Division, Department of Justice, Washington, DC 20530 (Room 850, WCTR Building). FOR FURTHER INFORMATION CONTACT: Patricia E. Neely (202-616-0178). SUPPLEMENTARY INFORMATION: In the notice section of today's Federal Register, the Department of Justice provides a description of the ``Telephone Activity Record System'', JUSTICE/BOP-011.'' Pursuant to the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601-612, it is hereby stated that the order will not have a ``significant economic impact on a substantial number of small entities.'' List of Subjects in 28 CFR 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 the Attorney General Order No. 793- 78, it is proposed to amend 28 CFR part 16 as set forth below. Dated: April 6, 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 adding and reserving paragraph (d) and adding paragraphs (e) and (f), to read as follows: Sec. 16.97 Exemption of Federal Bureau of Prisons (BOP) Systems-- limited access. * * * * * (d) [Reserved] (e) The following system of records is exempt from 5 U.S.C. 552a (c)(3) and (4), (d), (e)(2) and (3), (e)(5) and (8), (f) and (g): Telephone Activity Record System (JUSTICE/BOP-011). (f) These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and/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, the applicable exemption may be waived, either partially or totally, by the BOP. Exemptions from the particular subsections are justified for the following reasons: (1) From subsection (c)(3) to the extent that this system of records is exempt from subsection (d), and for such reasons as those cited for subsection (d) in paragraph (f)(3) below. (2) From subsection (c)(4) to the extent that exemption from subsection (d) makes this exemption inapplicable. (3) From the access provisions of subsection (d) because exemption from this subsection is essential to prevent access of information by record subjects that may invade third party privacy; frustrate the investigative process; jeopardize the legitimate correctional interests of safety, security, and good order of prison facilities; or otherwise compromise, impede, or interfere with BOP or other law enforcement agency activities. (4) From the amendment provisions from subsection (d) because amendment of the records may interfere with law enforcement operations and would impose an impossible administrative burden by requiring that, in addition to efforts to ensure accuracy so as to withstand possible judicial scrutiny, it would require that law enforcement information be continuously reexamined, even where the information may have been collected from the record subject. Also, some of these records come from other Federal criminal justice agencies or State, local and foreign jurisdictions, or from Federal and State probation and judicial offices, and it is administratively impossible to ensure that the records comply with this provision. (5) From subsection (e)(2) because the nature of criminal and other investigative activities is such that vital information about an individual can be obtained from other persons who are familiar with such individual and his/her activities. In such investigations it is not feasible to rely solely upon information furnished by the individual concerning his/her own activities since it may result in inaccurate information. (6) From subsection (e)(3) because in view of BOP's operational responsibilities, application of this provision to the collection of information is inappropriate. Application of this provision could provide the subject with substantial information which may in fact impede the information gathering process or compromise an investigation. (7) 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. Material which may seem unrelated, irrelevant or incomplete when collected may take on added meaning or significance at a later date or as an investigation progresses. Also, some of these records may come from other Federal, State, local and foreign law enforcement agencies, and from Federal and State probation and judicial offices and it is administratively impossible to ensure that the records comply with this provision. It would also require that law enforcement information be continuously reexamined even where the information may have been collected from the record subject. (8) From subsection (e)(8) because the nature of BOP law enforcement activities renders impractical the notice of compliance with compulsory legal process. This requirement could present a serious impediment to law enforcement such as revealing investigative techniques or the existence of confidential investigations, jeopardize the security of third parties, or otherwise compromise law enforcement efforts. (11) From subsections (f) and (g) to the extent that this system is exempt from the access and amendment provisions of subsection (d). 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