80 FR 34051 - Privacy Act of 1974; Implementation

DEPARTMENT OF JUSTICE

Federal Register Volume 80, Issue 114 (June 15, 2015)

The Department of Justice (DOJ or Department) amends its Privacy Act regulations for the system of records entitled ``Giglio Information System, JUSTICE/DOJ-017.'' Information in this system of records has been established to enable DOJ investigative agencies to collect and maintain records of potential impeachment information and to disclose such information to DOJ prosecuting offices in order to ensure that prosecutors receive sufficient information to meet their obligations under Giglio v. United States, 405 U.S. 150 (1972), as well as to enable DOJ prosecuting offices to maintain records of potential impeachment information obtained from DOJ investigative agencies, other federal agencies, and state, and local agencies and to disclose such information in accordance with the Giglio decision.

[Federal Register Volume 80, Number 114 (Monday, June 15, 2015)]
[Rules and Regulations]
[Pages 34051-34052]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-14641]


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DEPARTMENT OF JUSTICE

28 CFR Part 16

[CPCLO Order No. 008-2015]


Privacy Act of 1974; Implementation

AGENCY: Department of Justice.

ACTION: Final rule.

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SUMMARY: The Department of Justice (DOJ or Department) amends its 
Privacy Act regulations for the system of records entitled ``Giglio 
Information System, JUSTICE/DOJ-017.'' Information in this system of 
records has been established to enable DOJ investigative agencies to 
collect and maintain records of potential impeachment information and 
to disclose such information to DOJ prosecuting offices in order to 
ensure that prosecutors receive sufficient information to meet their 
obligations under Giglio v. United States, 405 U.S. 150 (1972), as well 
as to enable DOJ prosecuting offices to maintain records of potential 
impeachment information obtained from DOJ investigative agencies, other 
federal agencies, and state, and local agencies and to disclose such 
information in accordance with the Giglio decision.

DATES: Effective Date: June 15, 2015.

FOR FURTHER INFORMATION CONTACT: Tricia Francis, Executive Office for 
United States Attorneys, FOIA/Privacy Staff, 600 E Street NW., Suite 
7300, Washington, DC 20530, or by facsimile (202) 252-6047.

SUPPLEMENTARY INFORMATION: The Department published a notice of 
proposed rulemaking (NPRM) in the Federal Register at 80 FR 15951, Mar. 
26, 2015. The Department invited public comment on the NPRM and the 
accompanying system notice (SORN). The comment period closed on April 
27, 2015 for both the NPRM and the SORN. The Department received two 
comments from members of the public regarding this system's exemption 
from the access provisions of the Privacy Act. The Department 
adjudicated the comments. Both comments supported the approval of the 
regulation.

List of Subjects in 28 CFR Part 16

    Administrative practices and procedures, Courts, Freedom of 
information, Privacy, Sunshine Act.

    Pursuant to the authority vested in the Attorney General by 5 
U.S.C. 552a and delegated to me by Attorney General Order 2940-2008, 28 
CFR part 16 is amended as follows:

PART 16--[AMENDED]

0
1. The authority citation for part 16 is revised 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.

Subpart E--Exemption of Records Systems Under the Privacy Act


Sec.  16.81  [AMENDED]

0
2. Amend Sec.  16.81 by removing and reserving paragraphs (g) and (h).

0
3. Add Sec.  16.136 to subpart E to read as follows:


Sec.  16.136  Exemption of the Department of Justice, Giglio 
Information System, Justice/DOJ-017.

    (a) The Department of Justice, Giglio Information Files (JUSTICE/
DOJ-017) system of records is exempted from subsections (c)(3) and (4); 
(d)(1), (2), (3), and (4); (e)(1), (2), (3), (4)(G), (H), and (I), (5), 
and (8); (f); and (g) of the Privacy Act. These exemptions apply only 
to the extent that information in this system is subject to exemption 
pursuant to 5 U.S.C. 552a(j) and/or (k).
    (b) Exemptions from the particular subsections are justified for 
the following reasons:
    (1) From subsection (c)(3) because this subsection is inapplicable 
to the extent that an exemption is being claimed for subsection (d).
    (2) From subsection (c)(4) because this subsection is inapplicable 
to the extent that an exemption is being claimed for subsection (d).
    (3) From subsection (d) because access to the records contained in 
this system may interfere with or impede an ongoing investigation as it 
may be related to allegations against an agent or witness who is 
currently being investigated. Further, other records that are 
derivative of the subject's employing agency files may be accessed 
through the employing agency's files.
    (4) From subsection (e)(1) because it may not be possible to 
determine in

[[Page 34052]]

advance if potential impeachment records collected and maintained in 
order to sufficiently meet the Department's Giglio requirements and 
obligations are all relevant and necessary. In order to ensure that the 
Department's prosecutors and investigative agencies receive sufficient 
information to meet their obligations under Giglio, it is appropriate 
to maintain potential impeachment information in accordance with 
Department policy as such records could later be relevant and necessary 
in a different case in which the same witness or affiant subsequently 
testifies.
    (5) From subsection (e)(2) because collecting information directly 
from the subject individual could serve notice that the individual is 
the subject of investigation and because of the nature of the records 
in this system, which are used to impeach or demonstrate bias of a 
witness, requires that the information be collected from others.
    (6) From subsection (e)(3) because federal law enforcement officers 
receive notice from their supervisors and prosecuting attorneys that 
impeachment information may be used at trial. Law enforcement officers 
are also given notice by the Giglio decision itself.
    (7) From subsections (e)(4)(G), (H), and (I) because this system of 
records is exempt from the access and amendment provisions of 
subsection (d).
    (8) From subsection (e)(5) because it may not be possible to 
determine in advance if all potential impeachment records collected and 
maintained in order to sufficiently meet the Department's Giglio 
requirements and obligations are all accurate, relevant, timely, and 
complete at the time of collection. Although the Department has 
policies in place to verify the records, the records may be originated 
from another agency, third party, or open source media and it may be 
impossible to ensure the accuracy, relevance, timeliness, and 
completeness of potential impeachment information maintained prior to 
and during the process of being verified.
    (9) From subsection (e)(8) because the nature of the Giglio 
discovery process renders notice of compliance with the compulsory 
discovery process impractical.
    (10) From subsections (f) and (g) because these subsections are 
inapplicable to the extent that the system is exempt from other 
specific subsections of the Privacy Act.

    Dated: June 4, 2015.
Erika Brown Lee,
Chief Privacy and Civil Liberties Officer, United States Department of 
Justice.
[FR Doc. 2015-14641 Filed 6-12-15; 8:45 am]
 BILLING CODE 4410-FB-P