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9 August 2007
[Federal Register: August 8, 2007 (Volume 72, Number 152)]
[Rules and Regulations]
[Page 44382-44383]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au07-7]
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DEPARTMENT OF JUSTICE
28 CFR Part 16
[AAG/A Order No. 023-2007]
Privacy Act of 1974; Implementation
AGENCY: Department of Justice.
ACTION: Final Rule.
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SUMMARY: On May 8, 2007, at 72 FR 26037, the Department of Justice
issued a proposed rule to amend Title 28 of the Code of Federal
Regulations, Part 16, to exempt the following new system of records
from certain provisions of the Privacy Act: The National Security
Division (NSD), ``Foreign Intelligence and Counterintelligence Records
System (JUSTICE/NSD-001),'' which incorporated three previous systems
of records of the Office of Intelligence Policy and Review (OIPR). This
records system must be exempted from sections of the Privacy Act since,
in most cases, disclosure of the existence of records pertaining to an
individual would hinder authorized United States intelligence
activities by informing that individual of the existence, nature, or
scope of information that is properly classified pursuant to Executive
Order 12958, as amended, and thereby cause damage to the national
security. Further it is necessary to exempt this system to ensure
unhampered and effective collection and analysis of foreign
intelligence and counterintelligence information and to protect the
identities of confidential sources.
EFFECTIVE DATE: This final rule is effective August 8, 2007.
FOR FURTHER INFORMATION CONTACT: GayLa Sessoms, (202) 616-5460 or Mary
Cahill (202) 307-1823.
SUPPLEMENTARY INFORMATION: The notice of the proposed rule with
invitation to comment was published in the Federal Register on May 8,
2007, at 72 FR 26073. No comments were received. The Department of
Justice is exempting JUSTICE/NSD-001 from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (2), (3), (4)(G), (H), and (I), (5) and (8); (f); (g); and
(h).
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 impact on a substantial number of small business entities.
List of Subjects in 28 CFR Part 16
Administrative Practices and Procedures, Courts, Freedom of
Information, and Privacy.
0
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, amend 28
CFR part 16 as follows:
PART 16--PRODUCTION OR DISCLOSURE OF MATERIAL OR INFORMATION
0
1. The authority for part 16 continues to read as follows:
Authority: 5 U.S.C. 301, 551, 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.
0
2. Section 16. 74 is revised to read as follows:
Sec. 16.74 Exemption of National Security Division Systems--limited
access.
(a) The following system of records is exempted from subsections
(c)(3) and (4); (d); (e)(1), (2), (3), (4)(G),(H) and (I), (5) and (8);
(f); (g); and (h) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2),
(k)(1), (2) and (5): Foreign Intelligence and Counterintelligence
Records System (JUSTICE/NSD-001). These exemptions apply only to the
extent that information in the system is subject to exemption pursuant
to 5 U.S.C. 552a(j)(2), (k)(1), (2), and (5).
(b) Exemptions from the particular subsections are justified for
the following reasons:
(1) Subsection (c)(3). To provide the target of a surveillance or
collection activity with the disclosure accounting records concerning
him or her would hinder authorized United States intelligence
activities by informing that individual of the existence, nature, or
scope of information that is properly classified pursuant to Executive
Order 12958, as amended, and thereby cause damage to the national
security.
(2) Subsection (c)(4). This subsection is inapplicable to the
extent that an
[[Page 44383]]
exemption is being claimed for subsection (d).
(3) Subsection (d)(1). Disclosure of foreign intelligence and
counterintelligence information would interfere with collection
activities, reveal the identity of confidential sources, and cause
damage to the national security of the United States. To ensure
unhampered and effective collection and analysis of foreign
intelligence and counterintelligence information, disclosure must be
precluded.
(4) Subsection (d)(2). Amendment of the records would interfere
with ongoing intelligence activities thereby causing damage to the
national security.
(5) Subsections (d)(3) and (4). These subsections are inapplicable
to the extent exemption is claimed from (d)(1) and (2).
(6) Subsection (e)(1). It is often impossible to determine in
advance if intelligence records contained in this system are relevant
and necessary, but, in the interests of national security, it is
necessary to retain this information to aid in establishing patterns of
activity and provide intelligence leads.
(7) Subsection (e)(2). Although this office does not conduct
investigations, the collection efforts of agencies that supply
information to this office would be thwarted if the agencies were
required to collect information with the subject's knowledge.
(8) Subsection (e)(3). To inform individuals as required by this
subsection could reveal the existence of collection activity and
compromise national security. For example, a target could, once made
aware that collection activity exists, alter his or her manner of
engaging in intelligence or terrorist activities in order to avoid
detection.
(9) Subsections (e)(4)(G), (H) and (I), and (f). These subsections
are inapplicable to the extent that this system is exempt from the
access provisions of subsection (d).
(10) Subsection (e)(5). It is often impossible to determine in
advance if intelligence records contained in this system are accurate,
relevant, timely and complete, but, in the interests of national
security, it is necessary to retain this information to aid in
establishing patterns of activity and providing intelligence leads.
(11) Subsection (e)(8). Serving notice could give persons
sufficient warning to evade intelligence collection and anti-terrorism
efforts.
(12) Subsections (g) and (h). These subsections are inapplicable to
the extent that this system is exempt from other specific subsections
of the Privacy Act.
Dated: July 27, 2007.
Lee J. Lofthus,
Assistant Attorney General for Administration.
[FR Doc. E7-15455 Filed 8-7-07; 8:45 am]
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