Exemption of Records Systems Under the Privacy Act

DEPARTMENT OF JUSTICE

28 CFR PART 16

[AAG/A Order No. 135-97]

Exemption of Records Systems Under the Privacy Act

AGENCY: Department of Justice.

ACTION: Proposed rule.

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SUMMARY: The Department of Justice proposes to exempt a Privacy Act

system of records from subsections (c) (3) and (4); (d); (e) (1), (2),

(3), (5), (8) and (g) of the Privacy Act, 5 U.S.C. 552a. This system of

records is the ``Immigration and Naturalization Service (INS), Law

Enforcement Support Center (LESC) Database, JUSTICE/INS-023.''

Information in this system relates to inquiries via criminal justice

agencies of immigrants who have the status of legal permanent resident

and/or United States citizen and who are either the subject of an

investigation, or have been arrested, charged and/or convicted for

criminal or civil offenses which could render them deportable or

excludable under the provisions of immigration and nationality laws.

The exemptions are necessary to avoid interference with law enforcement

operations. Specifically, the exemptions are necessary to prevent

subjects of investigations from frustrating the investigatory or other

law enforcement process such as, deportation/expulsion proceedings.

DATE: Submit any comments by June 13, 1997.

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

Information Management and Security 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 ``Law

Enforcement Support Center (LESC) Database, JUSTICE/INS-023.''

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, 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 Procedures, Courts, Freedom of

Information Act, Government in the Sunshine Act, and the Privacy Act.

Dated: April 28, 1997.

Stephen R. Colgate,

Assistant Attorney General for Administration.

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 part 16 of Title 28 of the Code of Federal

Regulations as follows:

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

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

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

2. It is proposed to amend 28 CFR 16.99 by adding paragraphs (i)

and (j) to read follows: \1\

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\1\ Proposed paragraphs (g) and (h) were published in the

Federal Register on March 7, 1997 (62 FR 10495).

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Sec. 16.99 Exemption of the Immigration and Naturalization Service

Systems-limited access.

* * * * *

(i) The Law Enforcement Support Center Database (LESC) (Justice/

INS-023) system of records is exempt under the provisions of 5 U.S.C.

552a (j)(2) from subsections (c) (3) and (4); (d); (e) (1), (2), (5),

(8) and (g); but only to the extent that this system contains records

within the scope of subsection (j)(2), and to the extent that records

in the system are subject to exemption therefrom. In addition, this

system of records is also exempt in part under the provisions of 5

U.S.C. 552a (k) (2) from subsections (c)(3); (d); (e)(1), but only to

the extent that this system contains records within the scope of

subsection (k)(2), and to the extent that records in the system are

subject to exemption therefrom.

(j) The following justifications apply to the exemptions from

particular subsections:

(1) From subsection (c)(3) for reasons stated in paragraph (h)(1)

of this section.

(2) From subsection (c)(4) from reasons stated in paragraph (h)(2)

of this section.

(3) From the access and amendment provisions of subsection (d)

because access to the records contained in this system of records could

inform the subject of a criminal or civil investigation of the

existence of that investigation; of the nature and scope of the

information and evidence obtained as to their activities; and of

information that may enable the subject to avoid detection or

apprehension. Such disclosures would present a serious impediment to

effective law enforcement where they prevent the successful completion

of the investigation or other law enforcement operation such as

deportation or exclusion. In addition, granting access to these records

could result in a disclosure that would constitute an unwarranted

invasion of the privacy third parties. Amendment of the records would

interfere with ongoing investigations and law enforcement activities

and impose an impossible administrative burden by requiring

investigations to be continuously reinvestigated.

(4) From subsection (e)(1) for reasons stated in paragraph (h)(4)

of this section.

(5) From subsection (e)(2) for reasons stated in paragraph (h)(5)

of this section.

(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 criminal

law enforcement in that it could compromise the existence of a

confidential investigation.

(7) From subsection (e)(5) for reasons stated in paragraph (h)(7)

of this section.

(8) From subsection (e)(8) for reasons stated in paragraph (h)(8)

of this section.

(9) From subsection (g) to the extent that this system is exempt

from the access and amendment provisions of subsection (d).

[FR Doc. 97-12570 Filed 5-13 -97; 8:45 am]

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