Defense Security Service Privacy Program, 37751 [2020-13115]

Download as PDF jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 122 / Wednesday, June 24, 2020 / Rules and Regulations reveal a sensitive investigative or intelligence technique; provide information that would allow a subject to avoid detection or apprehension; or constitute a potential danger to the health or safety of law enforcement personnel, confidential sources, and witnesses. The FBI takes seriously its obligation to maintain accurate records despite its assertion of this exemption, and to the extent it, in its sole discretion, agrees to permit amendment or correction of FBI records, it will share that information in appropriate cases with subjects of the information. (4) From subsection (e)(l) because it is not always possible to know in advance what information is relevant and necessary for law enforcement and intelligence purposes. Relevance and necessity are questions of judgment and timing. For example, what appears rekvant and necessary when collected ultimately may be deemed unnecessary. It is only after information is assessed that its relevancy and necessity in a specific investigative activity can be established. (5) From subsections (e)(2) and (3) because it is not feasible to comply with these provisions given the nature of this system. The majority of the records in this system come from other federal, state, local, joint, foreign, tribal, and international agencies; therefore, it is not feasible for the FBI to collect information directly from the individual or to provide notice. Additionally, the application of this provision could present a serious impediment to the FBI’s responsibilities to detect, deter, and prosecute crimes and to protect the national security. Application of these provisions would put the subject of an investigation on notice of that fact and allow the subject an opportunity to engage in conduct intended to impede that activity or avoid apprehension. (6) From subsection (e)(4)(I), to the extent that this subsection is interpreted to require more detail regarding the record sources in this system than has already been published in the Federal Register through the SORN documentation. Should the subsection be so interpreted, exemption from this provision is necessary to protect the sources of law enforcement and intelligence information and to protect the privacy and safety of witnesses and informants and others who provide information to the FBI. (7) From subsection (e)(S) because in the collection of information for authorized law enforcement and intelligence purposes it is impossible to determine in advance what information is accurate, relevant, timely, and complete. With time, additional facts, or VerDate Sep<11>2014 16:17 Jun 23, 2020 Jkt 250001 analysis, information may acquire new significance. The restrictions imposed by subsection (e)(S) would limit the ability of trained investigators and intelligence analysts to exercise their judgment in reporting on investigations and impede the development of criminal intelligence necessary for effective law enforcement. Although the FBI has claimed this exemption, it continuously works with its federal, state, local, tribal, and international partners to maintain the accuracy of records to the greatest extent practicable. The FBI does so with established policies and practices. The criminal justice and national security communities have a strong operational interest in using up-to-date and accurate records and will foster relationships with partners to further this interest. Dated: May 21, 2020. Peter A. Winn, Acting Chief Privacy and Civil Liberties Officer, United States Department of Justice. [FR Doc. 2020–11386 Filed 6–23–20; 8:45 am] BILLING CODE 4410–02–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 321 [Docket ID: DOD–2018–OS–0008] RIN 0790–AK67 Defense Security Service Privacy Program Defense Counterintelligence and Security Agency, DoD. ACTION: Final rule. AGENCY: This final rule removes DoD’s regulation concerning the Defense Security Service (DSS) Privacy Program. The DSS organization’s name has been changed since codification to the Defense Counterintelligence and Security Agency (DCSA). Moving forward, this agency will be referenced as DCSA. On April 11, 2019, the Department of Defense published a revised DoD-level Privacy program, which contains the necessary information for an agency-wide Privacy Program regulation under the Privacy Act and now serves as the single Privacy Program rule for the Department. That revised Privacy Program rule also includes all DoD component exemption rules. Therefore, this part is now unnecessary and may be removed from the CFR. DATES: This rule is effective on June 24, 2020. SUMMARY: PO 00000 Frm 00021 Fmt 4700 Sfmt 9990 37751 Ms. Stephanie J. Courtney, 571–305–6740. FOR FURTHER INFORMATION CONTACT: DoD now has a single DoD-level Privacy Program rule at 32 CFR 310 (84 FR 14728) that contains all the codified information required for the Department. The Defense Counterintelligence and Security Privacy Act Program regulation at 32 CFR 321, last updated on September 14, 1999 (64 FR 49660), is no longer required and may be removed. It has been determined that publication of this CFR part removal for public comment is impracticable, unnecessary, and contrary to public interest since it is based on removing DoD policies and procedures that are either now reflected in another CFR part, 32 CFR 310, or are publically available on the Department’s website. To the extent that DCSA internal guidance concerning the implementation of the Privacy Act within DCSA is necessary, it will be issued in an internal document. This rule is one of 20 separate DoD component Privacy rules. With the finalization of the DoD-level Privacy rule at 32 CFR part 310, the Department eliminated the need for this component Privacy rule, thereby reducing costs to the public as explained in the preamble of the DoD-level Privacy rule published on April 11, 2019, at 84 FR 14728– 14811. This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review.’’ Therefore, E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ does not apply. SUPPLEMENTARY INFORMATION: List of Subjects in 32 CFR Part 321 Privacy. PART 321—[REMOVED] Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 321 is removed. ■ Dated: June 12, 2020. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2020–13115 Filed 6–23–20; 8:45 am] BILLING CODE 5001–06–P E:\FR\FM\24JNR1.SGM 24JNR1

Agencies

[Federal Register Volume 85, Number 122 (Wednesday, June 24, 2020)]
[Rules and Regulations]
[Page 37751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13115]


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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 321

[Docket ID: DOD-2018-OS-0008]
RIN 0790-AK67


Defense Security Service Privacy Program

AGENCY: Defense Counterintelligence and Security Agency, DoD.

ACTION: Final rule.

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SUMMARY: This final rule removes DoD's regulation concerning the 
Defense Security Service (DSS) Privacy Program. The DSS organization's 
name has been changed since codification to the Defense 
Counterintelligence and Security Agency (DCSA). Moving forward, this 
agency will be referenced as DCSA. On April 11, 2019, the Department of 
Defense published a revised DoD-level Privacy program, which contains 
the necessary information for an agency-wide Privacy Program regulation 
under the Privacy Act and now serves as the single Privacy Program rule 
for the Department. That revised Privacy Program rule also includes all 
DoD component exemption rules. Therefore, this part is now unnecessary 
and may be removed from the CFR.

DATES: This rule is effective on June 24, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Stephanie J. Courtney, 571-305-
6740.

SUPPLEMENTARY INFORMATION: DoD now has a single DoD-level Privacy 
Program rule at 32 CFR 310 (84 FR 14728) that contains all the codified 
information required for the Department. The Defense 
Counterintelligence and Security Privacy Act Program regulation at 32 
CFR 321, last updated on September 14, 1999 (64 FR 49660), is no longer 
required and may be removed.
    It has been determined that publication of this CFR part removal 
for public comment is impracticable, unnecessary, and contrary to 
public interest since it is based on removing DoD policies and 
procedures that are either now reflected in another CFR part, 32 CFR 
310, or are publically available on the Department's website. To the 
extent that DCSA internal guidance concerning the implementation of the 
Privacy Act within DCSA is necessary, it will be issued in an internal 
document.
    This rule is one of 20 separate DoD component Privacy rules. With 
the finalization of the DoD-level Privacy rule at 32 CFR part 310, the 
Department eliminated the need for this component Privacy rule, thereby 
reducing costs to the public as explained in the preamble of the DoD-
level Privacy rule published on April 11, 2019, at 84 FR 14728-14811.
    This rule is not significant under Executive Order (E.O.) 12866, 
``Regulatory Planning and Review.'' Therefore, E.O. 13771, ``Reducing 
Regulation and Controlling Regulatory Costs'' does not apply.

List of Subjects in 32 CFR Part 321

    Privacy.

PART 321--[REMOVED]

0
Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 321 is 
removed.

    Dated: June 12, 2020.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2020-13115 Filed 6-23-20; 8:45 am]
BILLING CODE 5001-06-P
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