Privacy Act of 1974; Implementation, 64507-64509 [2014-25833]

Download as PDF Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Rules and Regulations Public Law 96–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35) not expect to receive any adverse comments, and so a proposed rule is unnecessary. Direct Final Rule and Significant Adverse Comments DoD has determined this rulemaking meets the criteria for a direct final rule because it involves nonsubstantive changes dealing with DoD’s management of its Privacy Progams. DoD expects no opposition to the changes and no significant adverse comments. However, if DoD receives a significant adverse comment, the Department will withdraw this direct final rule by publishing a notice in the Federal Register. A significant adverse comment is one that explains: (1) Why the direct final rule is inappropriate, including challenges to the rule’s underlying premise or approach; or (2) why the direct final rule will be ineffective or unacceptable without a change. In determining whether a comment necessitates withdrawal of this direct final rule, DoD will consider whether it warrants a substantive response in a notice and comment process. Executive Order 12866, ‘‘Regulatory Planning and Review’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’ tkelley on DSK3SPTVN1PROD with RULES It has been certified that this rule does not have a significant economic impact on a substantial number of small entities because it is concerned only with the administration of Privacy Act systems of records within the Department of Defense. A Regulatory Flexibility Analysis is not required. Jkt 235001 It has been determined that this rule does not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that it will not significantly or uniquely affect small governments. Executive Order 13132, ‘‘Federalism’’ It has been determined that this rule does not have federalism implications. This rule does not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, no Federalism assessment is required. Privacy. Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. Chapter 6) 16:53 Oct 29, 2014 Section 202, Public Law 104–4, ‘‘Unfunded Mandates Reform Act’’ List of Subjects in 32 CFR Part 311 It has been determined that this rule is not a significant rule. This rule does not (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in these Executive orders. VerDate Sep<11>2014 It has been determined that this rule does not impose additional information collection requirements on the public under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Accordingly, 32 CFR part 311 is amended as follows: PART 311—OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF PRIVACY PROGRAM 1. The authority citation for 32 CFR part 311 continues to read as follows: ■ Authority: 5 U.S.C. 522a. 2. Section 311.8 is amended by adding paragraph (c)(21) to read as follows: ■ § 311.8 Procedures for exemptions. * * * * * (c) * * * (21) System identifier and name: DWHS E05, Mandatory Declassification Review Files. (i) Exemption: Information classified under E.O. 13526, as implemented by DoD 5200.1–R, may be exempt pursuant to 5 U.S.C. 552a(k)(1). (ii) Authority: 5 U.S.C. 552a(k)(1). (iii) Reasons: From subsection 5 U.S.C. 552a(d) because granting access to information that is properly classified pursuant to E.O. 13526, as implemented by DoD 5200.1–R, may cause damage to the national security. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 64507 Dated: October 27, 2014. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2014–25819 Filed 10–29–14; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 311 [Docket ID: DoD–2014–OS–0126] Privacy Act of 1974; Implementation Office of the Secretary, DoD. Direct final rule with request for comments. AGENCY: ACTION: The Office of the Secretary of Defense is exempting those records contained in DPFPA 05, entitled ‘‘Computer Aided Dispatch and Records Management System (CAD/RMS),’’ pertaining to investigatory material compiled for law enforcement purposes (under (j)(2) of the Act) to enable OSD to conduct certain investigations and relay law enforcement information without compromise of the information, and protect investigative techniques and efforts employed, as well as investigatory material compiled for law enforcement purposes (under (k)(2) of the Act), other than material within the scope of subsection (k)(2) of the Privacy Act to enable the protection of identities of confidential sources who might not otherwise come forward and who furnished information under an express promise that the sources’ identity would be held in confidence. The exemption will allow DoD to provide protection against notification of investigatory material including certain reciprocal investigations which might alert a subject to the fact that an investigation of that individual is taking place, and the disclosure of which would weaken the on-going investigation, reveal investigatory techniques, and place confidential informants in jeopardy who furnished information under an express promise that the sources’ identity would be held in confidence. Further, requiring OSD to grant access to records and amend these records would unfairly impede the investigation of allegations of unlawful activities. To require OSD to confirm or deny the existence of a record pertaining to a requesting individual may in itself provide an answer to that individual relating to an on-going investigation. The investigation of possible unlawful activities would be jeopardized by agency rules requiring verification of SUMMARY: E:\FR\FM\30OCR1.SGM 30OCR1 64508 Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Rules and Regulations tkelley on DSK3SPTVN1PROD with RULES record, disclosure of the record to the subject, and record amendment procedures. DATES: This rule will be effective on January 8, 2015 unless adverse comments are received by December 29, 2014. If adverse comment is received, the Department of Defense will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: • Federal Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 4800 Mark Center Drive, Suite 02G09, Alexandria, VA 22350– 3100. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (571) 372–0461. SUPPLEMENTARY INFORMATION: This direct final rule makes nonsubstantive changes to the Office of the Secretary Privacy Program rules. These changes will allow the Department to add an exemption rule to the Office of the Secretary of Defense Privacy Program rules that will exempt applicable Department records and/or material from certain portions of the Privacy Act. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary. Direct Final Rule and Significant Adverse Comments DoD has determined this rulemaking meets the criteria for a direct final rule because it involves nonsubstantive changes dealing with DoD’s management of its Privacy Programs. DoD expects no opposition to the changes and no significant adverse comments. However, if DoD receives a significant adverse comment, the Department will withdraw this direct final rule by publishing a notice in the Federal Register. A significant adverse comment is one that explains: (1) Why the direct final rule is inappropriate, including challenges to the rule’s underlying premise or approach; or (2) VerDate Sep<11>2014 16:53 Oct 29, 2014 Jkt 235001 why the direct final rule will be ineffective or unacceptable without a change. In determining whether a comment necessitates withdrawal of this direct final rule, DoD will consider whether it warrants a substantive response in a notice and comment process. power and responsibilities among the various levels of government. Therefore, no Federalism assessment is required. Executive Order 12866, ‘‘Regulatory Planning and Review’’ and Executive Order 13563, ‘‘Improving Regulation and Regulatory Review’’ It has been determined that this rule is not a significant rule. This rule does not (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy; a sector of the economy; productivity; competition; jobs; the environment; public health or safety; or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another Agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs, or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in these Executive orders. PART 311—OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF PRIVACY PROGRAM Public Law 96–354, ‘‘Regulatory Flexibility Act’’ (5 U.S.C. Chapter 6) It has been certified that this rule will not have a significant economic impact on a substantial number of small entities because it is concerned only with the administration of Privacy Act systems of records within the Department of Defense. A Regulatory Flexibility Analysis is not required. Public Law 95–511, ‘‘Paperwork Reduction Act’’ (44 U.S.C. Chapter 35) This rule does not contain any information collection requirements subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). Section 202, Public Law 104–4, ‘‘Unfunded Mandates Reform Act’’ It has been determined that this rule does not involve a Federal mandate that may result in the expenditure by State, local and tribal governments, in the aggregate, or by the private sector, of $100 million or more and that it will not significantly or uniquely affect small governments. Executive Order 13132, ‘‘Federalism’’ It has been determined that this rule does not have substantial direct effects on the States, on the relationship between the National Government and the States, or on the distribution of PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 List of Subjects in 32 CFR Part 311 Privacy. Accordingly, 32 CFR part 311 is amended as follows: 1. The authority citation for 32 CFR part 311 continues to read as follows: ■ Authority: 5 U.S.C. 522a. 2. Section 311.8 is amended by adding paragraph (c)(22) to read as follows: ■ § 311.8 Procedures for exemptions. * * * * * (c) * * * (22) System identifier and name: DPFPA 05, Computer Aided Dispatch and Records Management System (CAD/ RMS). (i) Exemptions: Portions of this system that fall within 5 U.S.C. 552a(j)(2) and/or (k)(2) are exempt from the following provisions of 5 U.S.C. 552a, section (c)(3) and (4); (d); (e)(1) through (e)(3); (e)(4)(G) through (I); (e)(5); (e)(8); (f) and (g) of the Act, as applicable. (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2). (iii) Reasons: (A) From subsections (c)(3) and (4) because making available to a record subject the accounting of disclosure from records concerning him or her would specifically reveal any investigative interest in the individual. Revealing this information could reasonably be expected to compromise ongoing efforts to investigate a known or suspected offender by notifying the record subject that he or she is under investigation. This information could also permit the record subject to take measures to impede the investigation, e.g., destroy evidence, intimidate potential witnesses, or flee the area to avoid or impede the investigation. (B) From subsection (d) because these provisions concern individual access to and amendment of certain records contained in this system, including law enforcement and investigatory records. Compliance with these provisions could alert the subject of an investigation of the fact and nature of the investigation, and/or the investigative interest of law enforcement agencies; compromise sensitive information related to national security; interfere with the overall law enforcement process by leading to the destruction of evidence, improper influencing of witnesses, fabrication of E:\FR\FM\30OCR1.SGM 30OCR1 tkelley on DSK3SPTVN1PROD with RULES Federal Register / Vol. 79, No. 210 / Thursday, October 30, 2014 / Rules and Regulations testimony, and/or flight of the subject; could identify a confidential source or disclose information which would constitute an unwarranted invasion of another’s personal privacy; reveal a sensitive investigative or constitute a potential danger to the health or safety of law enforcement personnel, confidential informants, and witnesses. Amendment of these records would interfere with ongoing law enforcement investigations and analysis activities and impose an excessive administrative burden by requiring investigations, analyses, and reports to be continuously reinvestigated and revised. (C) From subsections (e)(1) through (e)(3) because it is not always possible to determine what information is relevant and necessary at an early stage in a given investigation. Also, because DoD and other agencies may not always know what information about a known or suspected offender may be relevant to law enforcement for the purpose of conducting an operational response. (D) From subsections (e)(4)(G) through (I) (Agency Requirements) because portions of this system are exempt from the access and amendment provisions of subsection (d). (E) From subsection (e)(5) because the requirement that records be maintained with attention to accuracy, relevance, timeliness, and completeness would unfairly hamper the criminal investigative process. It is the nature of criminal law enforcement for investigations to uncover the commission of illegal acts at diverse stages. It is frequently impossible to determine initially what information is accurate, relevant, timely, and least of all complete. With the passage of time, seemingly irrelevant or untimely information may acquire new significant as further investigation brings new details to light. (F) From subsection (e)(8) because the requirement to serve notice on an individual when a record is disclosed under compulsory legal process could unfairly hamper law enforcement processes. It is the nature of law enforcement that there are instances where compliance with these provisions could alert the subject of an investigation of the fact and nature of the investigation, and/or the investigative interest of intelligence or law enforcement agencies; compromise sensitive information related to national security; interfere with the overall law enforcement process by leading to the destruction of evidence, improper influencing of witnesses, fabrication of testimony, and/or flight of the subject; reveal a sensitive investigative or intelligence technique; or constitute a VerDate Sep<11>2014 16:53 Oct 29, 2014 Jkt 235001 potential danger to the health or safety of law enforcement personnel, confidential informants, and witnesses. (G) From subsection (f) because requiring the Agency to grant access to records and establishing agency rules for amendment of records would compromise the existence of any criminal, civil, or administrative enforcement activity. To require the confirmation or denial of the existence of a record pertaining to a requesting individual may in itself provide an answer to that individual relating to the existence of an on-going investigation. The investigation of possible unlawful activities would be jeopardized by agency rules requiring verification of the record, disclosure of the record to the subject, and record amendment procedures. (H) From subsection (g) for compatibility with the exemption claimed from subsection (f), the civil remedies provisions of subsection (g) must be suspended for this record system. Because of the nature of criminal investigations, standards of accuracy, relevance, timeliness and completeness cannot apply to this record system. Information gathered in criminal investigations if often fragmentary and leads relating to an individual in the context of one investigation may instead pertain to a second investigation. Dated: October 27, 2014. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2014–25833 Filed 10–29–14; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 316 [Docket ID: DoD–2014–OS–0128] Privacy Act of 1974; Implementation Defense Information Systems Agency, DoD. ACTION: Direct final rule with request for comments. AGENCY: The Defense Information Systems Agency is proposing to exempt a new system of records, K890.23, entitled ‘‘DISA Inspector General Investigative Tracker (DIGit)’’ from 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5), subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I) of the Privacy Act of 1974, as amended. DATES: This rule will be effective on January 8, 2015 unless adverse SUMMARY: PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 64509 comments are received by December 29, 2014. If adverse comment is received, the Department of Defense will publish a timely withdrawal of the rule in the Federal Register. ADDRESSES: You may submit comments, identified by docket number and title, by any of the following methods: * Federal Rulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. * Mail: Federal Docket Management System Office, 4800 Mark Center Drive, East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350–3100. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Weathers-Jenkins, DISA Privacy Officer, Chief Information Office, 6916 Cooper Avenue, Fort Meade, MD 20755–7901, or by phone at (301) 225– 8158. SUPPLEMENTARY INFORMATION: This direct final rule makes no substantive changes to the Defense Information Systems Agency Privacy Program rules. These changes will allow the Office to add an exemption rule to the Defense Information Systems Agency Privacy Program rules that will exempt applicable records and/or material from certain portions of the Privacy Act. This will improve the efficiency and effectiveness of DoD’s program by preserving the exempt status of the applicable records and/or material when the purposes underlying the exemption(s) are valid and necessary. This rule is being published as a direct final rule as the Department of Defense does not expect to receive any adverse comments, and so a proposed rule is unnecessary. Direct Final Rule and Significant Adverse Comments DoD has determined this rulemaking meets the criteria for a direct final rule because it involves nonsubstantive changes dealing with DoD’s management of its Privacy Programs. DoD expects no opposition to the changes and no significant adverse comments. However, if DoD receives a significant adverse comment, the Department will withdraw this direct final rule by publishing a notice in the E:\FR\FM\30OCR1.SGM 30OCR1

Agencies

[Federal Register Volume 79, Number 210 (Thursday, October 30, 2014)]
[Rules and Regulations]
[Pages 64507-64509]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-25833]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 311

[Docket ID: DoD-2014-OS-0126]


Privacy Act of 1974; Implementation

AGENCY: Office of the Secretary, DoD.

ACTION: Direct final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Office of the Secretary of Defense is exempting those 
records contained in DPFPA 05, entitled ``Computer Aided Dispatch and 
Records Management System (CAD/RMS),'' pertaining to investigatory 
material compiled for law enforcement purposes (under (j)(2) of the 
Act) to enable OSD to conduct certain investigations and relay law 
enforcement information without compromise of the information, and 
protect investigative techniques and efforts employed, as well as 
investigatory material compiled for law enforcement purposes (under 
(k)(2) of the Act), other than material within the scope of subsection 
(k)(2) of the Privacy Act to enable the protection of identities of 
confidential sources who might not otherwise come forward and who 
furnished information under an express promise that the sources' 
identity would be held in confidence. The exemption will allow DoD to 
provide protection against notification of investigatory material 
including certain reciprocal investigations which might alert a subject 
to the fact that an investigation of that individual is taking place, 
and the disclosure of which would weaken the on-going investigation, 
reveal investigatory techniques, and place confidential informants in 
jeopardy who furnished information under an express promise that the 
sources' identity would be held in confidence. Further, requiring OSD 
to grant access to records and amend these records would unfairly 
impede the investigation of allegations of unlawful activities. To 
require OSD to confirm or deny the existence of a record pertaining to 
a requesting individual may in itself provide an answer to that 
individual relating to an on-going investigation. The investigation of 
possible unlawful activities would be jeopardized by agency rules 
requiring verification of

[[Page 64508]]

record, disclosure of the record to the subject, and record amendment 
procedures.

DATES: This rule will be effective on January 8, 2015 unless adverse 
comments are received by December 29, 2014. If adverse comment is 
received, the Department of Defense will publish a timely withdrawal of 
the rule in the Federal Register.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive, Suite 02G09, Alexandria, VA 22350-3100.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at http://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard at (571) 372-0461.

SUPPLEMENTARY INFORMATION: This direct final rule makes nonsubstantive 
changes to the Office of the Secretary Privacy Program rules. These 
changes will allow the Department to add an exemption rule to the 
Office of the Secretary of Defense Privacy Program rules that will 
exempt applicable Department records and/or material from certain 
portions of the Privacy Act. This rule is being published as a direct 
final rule as the Department of Defense does not expect to receive any 
adverse comments, and so a proposed rule is unnecessary.

Direct Final Rule and Significant Adverse Comments

    DoD has determined this rulemaking meets the criteria for a direct 
final rule because it involves nonsubstantive changes dealing with 
DoD's management of its Privacy Programs. DoD expects no opposition to 
the changes and no significant adverse comments. However, if DoD 
receives a significant adverse comment, the Department will withdraw 
this direct final rule by publishing a notice in the Federal Register. 
A significant adverse comment is one that explains: (1) Why the direct 
final rule is inappropriate, including challenges to the rule's 
underlying premise or approach; or (2) why the direct final rule will 
be ineffective or unacceptable without a change. In determining whether 
a comment necessitates withdrawal of this direct final rule, DoD will 
consider whether it warrants a substantive response in a notice and 
comment process.

Executive Order 12866, ``Regulatory Planning and Review'' and Executive 
Order 13563, ``Improving Regulation and Regulatory Review''

    It has been determined that this rule is not a significant rule. 
This rule does not (1) Have an annual effect on the economy of $100 
million or more or adversely affect in a material way the economy; a 
sector of the economy; productivity; competition; jobs; the 
environment; public health or safety; or State, local, or tribal 
governments or communities; (2) Create a serious inconsistency or 
otherwise interfere with an action taken or planned by another Agency; 
(3) Materially alter the budgetary impact of entitlements, grants, user 
fees, or loan programs, or the rights and obligations of recipients 
thereof; or (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
these Executive orders.

Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)

    It has been certified that this rule will not have a significant 
economic impact on a substantial number of small entities because it is 
concerned only with the administration of Privacy Act systems of 
records within the Department of Defense. A Regulatory Flexibility 
Analysis is not required.

Public Law 95-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)

    This rule does not contain any information collection requirements 
subject to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et 
seq.).

Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''

    It has been determined that this rule does not involve a Federal 
mandate that may result in the expenditure by State, local and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more and that it will not significantly or uniquely affect 
small governments.

Executive Order 13132, ``Federalism''

    It has been determined that this rule does not have substantial 
direct effects on the States, on the relationship between the National 
Government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, no 
Federalism assessment is required.

List of Subjects in 32 CFR Part 311

    Privacy.

    Accordingly, 32 CFR part 311 is amended as follows:

PART 311--OFFICE OF THE SECRETARY OF DEFENSE AND JOINT STAFF 
PRIVACY PROGRAM

0
1. The authority citation for 32 CFR part 311 continues to read as 
follows:

     Authority:  5 U.S.C. 522a.


0
2. Section 311.8 is amended by adding paragraph (c)(22) to read as 
follows:


Sec.  311.8  Procedures for exemptions.

* * * * *
    (c) * * *
    (22) System identifier and name: DPFPA 05, Computer Aided Dispatch 
and Records Management System (CAD/RMS).
    (i) Exemptions: Portions of this system that fall within 5 U.S.C. 
552a(j)(2) and/or (k)(2) are exempt from the following provisions of 5 
U.S.C. 552a, section (c)(3) and (4); (d); (e)(1) through (e)(3); 
(e)(4)(G) through (I); (e)(5); (e)(8); (f) and (g) of the Act, as 
applicable.
    (ii) Authority: 5 U.S.C. 552a(j)(2) and (k)(2).
    (iii) Reasons: (A) From subsections (c)(3) and (4) because making 
available to a record subject the accounting of disclosure from records 
concerning him or her would specifically reveal any investigative 
interest in the individual. Revealing this information could reasonably 
be expected to compromise ongoing efforts to investigate a known or 
suspected offender by notifying the record subject that he or she is 
under investigation. This information could also permit the record 
subject to take measures to impede the investigation, e.g., destroy 
evidence, intimidate potential witnesses, or flee the area to avoid or 
impede the investigation.
    (B) From subsection (d) because these provisions concern individual 
access to and amendment of certain records contained in this system, 
including law enforcement and investigatory records. Compliance with 
these provisions could alert the subject of an investigation of the 
fact and nature of the investigation, and/or the investigative interest 
of law enforcement agencies; compromise sensitive information related 
to national security; interfere with the overall law enforcement 
process by leading to the destruction of evidence, improper influencing 
of witnesses, fabrication of

[[Page 64509]]

testimony, and/or flight of the subject; could identify a confidential 
source or disclose information which would constitute an unwarranted 
invasion of another's personal privacy; reveal a sensitive 
investigative or constitute a potential danger to the health or safety 
of law enforcement personnel, confidential informants, and witnesses. 
Amendment of these records would interfere with ongoing law enforcement 
investigations and analysis activities and impose an excessive 
administrative burden by requiring investigations, analyses, and 
reports to be continuously reinvestigated and revised.
    (C) From subsections (e)(1) through (e)(3) because it is not always 
possible to determine what information is relevant and necessary at an 
early stage in a given investigation. Also, because DoD and other 
agencies may not always know what information about a known or 
suspected offender may be relevant to law enforcement for the purpose 
of conducting an operational response.
    (D) From subsections (e)(4)(G) through (I) (Agency Requirements) 
because portions of this system are exempt from the access and 
amendment provisions of subsection (d).
    (E) From subsection (e)(5) because the requirement that records be 
maintained with attention to accuracy, relevance, timeliness, and 
completeness would unfairly hamper the criminal investigative process. 
It is the nature of criminal law enforcement for investigations to 
uncover the commission of illegal acts at diverse stages. It is 
frequently impossible to determine initially what information is 
accurate, relevant, timely, and least of all complete. With the passage 
of time, seemingly irrelevant or untimely information may acquire new 
significant as further investigation brings new details to light.
    (F) From subsection (e)(8) because the requirement to serve notice 
on an individual when a record is disclosed under compulsory legal 
process could unfairly hamper law enforcement processes. It is the 
nature of law enforcement that there are instances where compliance 
with these provisions could alert the subject of an investigation of 
the fact and nature of the investigation, and/or the investigative 
interest of intelligence or law enforcement agencies; compromise 
sensitive information related to national security; interfere with the 
overall law enforcement process by leading to the destruction of 
evidence, improper influencing of witnesses, fabrication of testimony, 
and/or flight of the subject; reveal a sensitive investigative or 
intelligence technique; or constitute a potential danger to the health 
or safety of law enforcement personnel, confidential informants, and 
witnesses.
    (G) From subsection (f) because requiring the Agency to grant 
access to records and establishing agency rules for amendment of 
records would compromise the existence of any criminal, civil, or 
administrative enforcement activity. To require the confirmation or 
denial of the existence of a record pertaining to a requesting 
individual may in itself provide an answer to that individual relating 
to the existence of an on-going investigation. The investigation of 
possible unlawful activities would be jeopardized by agency rules 
requiring verification of the record, disclosure of the record to the 
subject, and record amendment procedures.
    (H) From subsection (g) for compatibility with the exemption 
claimed from subsection (f), the civil remedies provisions of 
subsection (g) must be suspended for this record system. Because of the 
nature of criminal investigations, standards of accuracy, relevance, 
timeliness and completeness cannot apply to this record system. 
Information gathered in criminal investigations if often fragmentary 
and leads relating to an individual in the context of one investigation 
may instead pertain to a second investigation.

    Dated: October 27, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2014-25833 Filed 10-29-14; 8:45 am]
BILLING CODE 5001-06-P