Privacy Act; Implementation, 31336-31338 [2015-13166]

Agencies

• Office of the Secretary
• DEPARTMENT OF THE TREASURY

[Federal Register Volume 80, Number 105 (Tuesday, June 2, 2015)]
[Proposed Rules]
[Pages 31336-31338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-13166]


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DEPARTMENT OF THE TREASURY

Office of the Secretary

31 CFR Part 1

RIN 1505-AC50


Privacy Act; Implementation

AGENCY: Office of the Comptroller of the Currency, Department of the 
Treasury.

ACTION: Proposed rule.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, the Department of the Treasury (Treasury) amends this 
part to partially exempt a new Office of the Comptroller of the 
Currency (OCC) system of records entitled ``Treasury/CC .800--Office of 
Inspector General Investigations System'' from certain provisions of 
the Privacy Act.

DATES: Comments must be received no later than July 2, 2015.

ADDRESSES: Because paper mail in the Washington, DC area and at the OCC 
is subject to delay, commenters are encouraged to submit comments by 
email, if possible. Please use the title ``Proposed Rule for New 
Privacy Act System of Records'' to facilitate the organization and 
distribution of the comments. You may submit comments by any of the 
following methods:
     Email: regs.comments@occ.treas.gov.
     Mail: Legislative and Regulatory Activities Division, 
Office of the Comptroller of the Currency, 400 7th

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Street SW., Suite 3E-218, Mail Stop 9W-11, Washington, DC 20219.
     Hand Delivery/Courier: 400 7th Street SW., Suite 3E-218, 
Mail Stop 9W-11, Washington, DC 20219.
     Fax: (571) 465-4326.
    Instructions: You must include ``OCC'' as the agency name and the 
docket number in your comment. In general, OCC will enter all comments 
received into the docket without change, including any business or 
personal information that you provide such as name and address 
information, email addresses, or phone numbers. Comments received, 
including attachments and other supporting materials, are part of the 
public record and subject to public disclosure. Do not enclose any 
information in your comment or supporting materials that you consider 
confidential or inappropriate for public disclosure.
    You may review comments and other related materials that pertain to 
this notice by appearing personally to inspect and photocopy comments 
at the OCC, 400 7th Street SW., Washington, DC. For security reasons, 
the OCC requires that visitors make an appointment to inspect comments. 
You may do so by calling (202) 649-6700. Upon arrival, visitors will be 
required to present valid government-issued photo identification and to 
submit to security screening in order to inspect and photocopy 
comments.

FOR FURTHER INFORMATION CONTACT: Kristin Merritt, Special Counsel, 
Office of the Comptroller of the Currency, 400 7th Street SW., 
Washington, DC 20219.

SUPPLEMENTARY INFORMATION: Under 5 U.S.C. 552a(k)(2), the head of an 
agency may promulgate rules to exempt a system of records from certain 
provisions of 5 U.S.C. 552a if the system is investigatory material 
compiled for law enforcement purposes. Treasury is hereby giving notice 
of a proposed rule to exempt ``Treasury/CC .800-Office of Inspector 
General Investigations System'' from certain provisions of the Privacy 
Act of 1974, pursuant to 5 U.S.C. 552a(k)(2). The proposed exemption 
pursuant to 5 U.S.C. 552a(k)(2) is from provisions (c)(3), (d)(1)-(4), 
(e)(1), (e)(4)(G)-(I), and (f) because the system contains 
investigatory material compiled for law enforcement purposes. The 
following are the reasons why this system of records maintained by the 
OCC is exempt pursuant to 5 U.S.C. 552a(k)(2) of the Privacy Act of 
1974:
    (1) 5 U.S.C. 552a(c)(3). This provision of the Privacy Act provides 
for the release of the disclosure accounting required by 5 U.S.C. 
552a(c)(1) and (2) to the individual named in the record at his/her 
request. The reasons for exempting this system of records from the 
foregoing provision are:
    (i) The release of disclosure accounting would put the subject of 
an investigation on notice that an investigation exists and that such 
person is the subject of that investigation.
    (ii) Such release would provide the subject of an investigation 
with an accurate accounting of the date, nature, and purpose of each 
disclosure and the name and address of the person or agency to which 
disclosure was made. The release of such information to the subject of 
an investigation would provide the subject with significant information 
concerning the nature of the investigation and could result in the 
alteration or destruction of documentary evidence, the improper 
influencing of witnesses, and other activities that could impede or 
compromise the investigation.
    (iii) Release to the individual of the disclosure accounting would 
alert the individual as to which agencies were investigating the 
subject and the scope of the investigation and could aid the individual 
in impeding or compromising investigations by those agencies.
    (2) 5 U.S.C. 552a(d)(1)-(4), (e)(4)(G), (e)(4)(H), and (f). These 
provisions of the Privacy Act relate to an individual's right to be 
notified of:
    (i) The existence of records pertaining to such individual;
    (ii) Requirements for identifying an individual who requested 
access to records;
    (iii) The agency procedures relating to access to and amendment of 
records;
    (iv) The content of the information contained in such records; and
    (v) The civil remedies available to the individual in the event of 
an adverse determination by an agency concerning access to or amendment 
of information contained in record systems.
    The reasons for exempting this system of records from the foregoing 
provisions are that notifying an individual (at the individual's 
request) of the existence of an investigative file pertaining to such 
individual or granting access to, or the right to amend, such an 
investigative file pertaining to such individual could allow 
individuals to learn whether they have been identified as suspects or 
subjects of an investigation. Such knowledge would impair and interfere 
with the OCC's, the OIG's, and other agencies' investigative, 
enforcement, or criminal proceedings because individuals could:
    (i) Take steps to avoid detection;
    (ii) Inform associates than an investigation is in process;
    (iii) Learn the nature of the investigation;
    (iv) Begin, continue, or resume illegal conduct upon learning that 
they are not identified in the system of records;
    (iv) Destroy evidence needed to prove the violation;
    (v) Constitute an unwarranted invasion of the personal privacy of 
others;
    (vi) Disclose the identity of confidential sources and reveal 
confidential information supplied by such sources; or
    (vii) Disclose investigative techniques and procedures.
    (3) 5 U.S.C. 552a(e)(1). This provision of the Privacy Act requires 
each agency to maintain in its records only such information about an 
individual as is relevant and necessary to accomplish a purpose of the 
agency required to be accomplished by statute or executive order. The 
reasons for exempting this system of records from the foregoing 
requirements is that: At the time that the OCC collects information it 
often lacks sufficient time to determine whether the information is 
relevant and necessary to accomplish the purposes of an investigation. 
Therefore, what appears relevant and necessary when first received may 
subsequently be determined to be irrelevant or unnecessary. It is only 
after the information is evaluated that the relevance and necessity of 
such information can be established with certainty.
    (4) 5 U.S.C. 552a(e)(4)(I). This provision of the Privacy Act 
requires the publication of the categories of sources of records in 
each system of records. The reasons for claiming an exemption from this 
provision are as follows:
    (i) Revealing categories of sources of information could disclose 
investigative techniques and procedures.
    (ii) Revealing categories of sources of information could cause 
sources who supply information to investigators to refrain from giving 
such information because of fear of reprisal, or fear of breach of 
promises of anonymity and confidentiality.
    (iii) Revealing categories of sources could cause informers to 
refuse to give full information to investigators for fear of having 
their identities as sources disclosed.
    Treasury will publish the notice of the proposed new system of 
records separately in the Federal Register.
    Pursuant to Executive Order 12866, it has been determined that this 
proposed rule is not a significant regulatory action, and therefore, 
does not require a

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regulatory impact analysis. Because no notice of proposed rulemaking is 
required, the provisions of the Regulatory Flexibility Act, 5 U.S.C. 
601-612, do not apply.
    The regulation will not have a substantial direct effect on the 
States, on the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. Therefore, it is determined that this 
proposed rule does not have federalism implications under Executive 
Order 13132.
    Pursuant to the requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601-612, it is hereby certified that these regulations will not 
significantly affect a substantial number of small entities. The 
proposed rule imposes no duties or obligations on small entities.

List of Subjects in 31 CFR Part 1

    Privacy.

    Part 1, subpart C of title 31 of the Code of Federal Regulations is 
proposed to be amended as follows:

PART 1--[AMENDED]

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

    Authority: 5 U.S.C. 301 and 31 U.S.C. 321. Subpart A also issued 
under 5 U.S.C. 552 as amended. Subpart C also issued under 5 U.S.C. 
552a.

0
2. Section 1.36 paragraph (g)(1)(iii) is amended by adding the 
following text to the table in numerical order.


Sec.  1.36  Systems exempt in whole or in part from provisions of 5 
U.S.C. 552a and this part.

    (g) * * *
    (1) * * *
    (iii) * * *

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              Number                           Name of system
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                                * * * * *
CC .800..........................  Office of Inspector General
                                    Investigations System.
 
                                * * * * *
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    Dated: May 12, 2015.
Helen Goff Foster,
Deputy Assistant Secretary for Privacy, Transparency, and Records.
[FR Doc. 2015-13166 Filed 6-1-15; 8:45 am]
 BILLING CODE 4830-33-P