# 63 FR 68217: Exemption of Records System Under the Privacy Act > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_98-32866 ## Section - **Citation:** 63 FR 68217 - **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. 63 / 63 FR 68217 ## Text DEPARTMENT OF JUSTICE 28 CFR Part 16 [AAG/A Order No. 157-98] Exemption of Records System Under the Privacy Act AGENCY: Department of Justice. ACTION: Proposed Rule. ----------------------------------------------------------------------- SUMMARY: The Department of Justice proposes to exempt a Privacy Act system of records from subsection (d) of the Privacy Act, 5 U.S.C. 552a. This system of records is the ``Freedom of Information/Privacy Acts (FOI/PA) Records, (JUSTICE/OPR-002).'' Records in this system may contain information which relates to official Federal investigations and matters of law enforcement of the Office of Professional Responsibility (OPR). Accordingly, where applicable, the exemptions are necessary to avoid interference with the law enforcement functions of OPR. Specifically, the exemptions are necessary to prevent subjects of investigations from frustrating the investigatory process; preclude the disclosure of investigative techniques; protect the identities and physical safety of confidential sources and of law enforcement personnel; ensure OPR's ability to obtain information from information sources; protect the privacy of third parties; and safeguard classified information as required by Executive Order 12958. DATE: Submit any comments by January 11, 1998. ADDRESS: 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. feguard classified information as required by Executive Order 12958. DATE: Submit any comments by January 11, 1998. ADDRESS: 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 ``Freedom of Information/Privacy Acts (FOI/PA) Records (JUSTICE/OPR- 002).'' 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 Part 16 Administrative Practices and Procedures, Courts, Freedom of Information Act, Privacy Act, and Government in Sunshine Act. Dated: November 20, 1998. 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 28 CFR part 16 as follows: PART 16--[AMENDED] 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 16.80 by adding paragraphs (c) and (d) to read as follows: Sec. 16.80 Exemption of Office of Professional Responsibility (OPR) System--limited access. * * * * * RT 16--[AMENDED] 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 16.80 by adding paragraphs (c) and (d) to read as follows: Sec. 16.80 Exemption of Office of Professional Responsibility (OPR) System--limited access. * * * * * (c) The following system of records is exempted from 5 U.S.C. 552a(d). (1) Freedom of Information/Privacy Act (FOI/PA) Records (JUSTICE/ OPR-002). This exemption applies only to the extent that information in this system is subject to exemption pursuant to 5 U.S.C. 552a(j)(2), (k)(1), and (k)(2). To the extent that information in a record pertaining to an individual does not relate to national defense or foreign policy, official Federal investigations and/or law enforcement matters, the exemption does not apply. In addition, where compliance would not appear to interfere with or adversely affect the overall law enforcement process, the applicable exemption may be waived by OPR. (d) Exemption from subsection (d) is justified for the following reasons: (1) 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 an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation; of the nature and scope of the information and evidence obtained as to his activities; of the identity of confidential sources, witnesses, and law enforcement personnel; and of information that may enable the subject to avoid detection or apprehension form the subject of an investigation of an actual or potential criminal, civil, or regulatory violation of the existence of that investigation; of the nature and scope of the information and evidence obtained as to his activities; of the identity of confidential sources, witnesses, and law enforcement personnel; and of information that may enable the subject to avoid detection or apprehension. These factors would present a serious impediment to effective law enforcement where they prevent the successful completion of the investigation, endanger the physical safety of confidential sources, witnesses, and law enforcement personnel, and/or lead to the improper influencing of witnesses, the destruction of evidence, or the fabrication of testimony. In addition, granting access to such information could disclose security-sensitive or confidential business information or information that would constitute an unwarranted invasion of the personnel privacy of third parties. Finally, access to the records could result in the release of properly classified information which would compromise the national defense or disrupt foreign policy. Amendment of the records would interfere with ongoing investigations and law enforcement activities and impose an enormous administrative burden by requiring investigations to be continuously reinvestigated. 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