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Federal Register / Vol. 86, No. 243 / Wednesday, December 22, 2021 / Proposed Rules access, amendment, disclosure of accounting, and certain record-keeping and notice requirements, to prevent, among other harms, the identification of actual or potential subjects of criminal investigation and/or sources of criminal investigative information and to avoid frustrating the underlying criminal law enforcement purpose for which the records were collected.
Additionally, some of the records in this system of records may contain classified national security information and providing notice, access, amendment, and disclosure of accounting of those records to an individual, as well as certain recordkeeping requirements, may cause damage to national security. The Privacy Act, pursuant to 5 U.S.C.
552ak1, authorizes agencies to claim an exemption for systems of records that contain information properly classified pursuant to executive order. The DoD
therefore is proposing to claim an exemption from several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain record-keeping and notice requirements, to prevent disclosure of any information properly classified pursuant to executive order, as implemented by DoD Instruction 5200.01 and DoD Manual 5200.01, Volumes 1 and 3.
The DoD is also proposing this Privacy Act exemption rule because this system of records may contain investigatory material compiled for law enforcement purposes recompiled from other systems of records within the scope of 5 U.S.C. 552ak2. This exemption allows the Department to claim an exemption for systems of records that contain investigatory materials compiled for law enforcement purposes, other than material within the scope of 5 U.S.C. 552aj2, which is described above. The DoD therefore is proposing to claim an exemption from several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain recordkeeping and notice requirements, to prevent, among other harms, the identification of actual or potential subjects of investigation and/or sources of investigative information and to avoid frustrating the underlying law enforcement purpose for which the records were collected.
The DoD also proposes an exemption for this system of records because the records may in certain instances contain information recompiled from other systems of records pertaining to providing protective services to the President of the United States or other individuals pursuant to 18 U.S.C. 3056.

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The Privacy Act, pursuant to 5 U.S.C.
552ak3, authorizes agencies to claim an exemption for systems of records that contain information concerning protective services for which access to, amendment of, or release of the accounting of disclosures of such records could compromise the effectiveness of the protective services, the safety of the individuals protected pursuant to 18 U.S.C. 3056, and the safety of the personnel providing protective services. The DoD is proposing to claim an exemption from several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain recordkeeping and notice requirements, to avoid, among other harms, frustrating the purposes of the protective services for which the information was gathered.
In addition, the DoD proposes an exemption for this system of records because the records may contain information recompiled from other systems of records consisting of investigatory material compiled solely for determining suitability, eligibility, and qualifications for Federal civilian employment, military service, Federal contracts, or access to classified information. The Privacy Act, pursuant to 5 U.S.C. 552ak5, authorizes agencies to claim an exemption for systems of records that contain information identifying sources crucial to determining suitability for holding positions of trust and who furnished information to the Government under an express promise that the sources identity would be held in confidence.
The DoD is proposing to claim an exemption from several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain record-keeping and notice requirements, to prevent the compromise of the identity of such confidential sources within such investigatory material.
The DoD also proposes an exemption for this system of records because the records may contain examination and testing material recompiled from other systems of records that is used solely to determine individual qualification for appointment or promotion in the Federal service within the scope of 5
U.S.C. 552ak6. The DoD is therefore proposing to claim an exemption from several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain record-keeping and notice requirements, to prevent disclosure of any information that would compromise the objectivity or fairness of testing and examination material.

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Finally, the DoD proposes an exemption for this system of records because the records may contain evaluation material recompiled from other systems of records that is used to determine potential for promotion in the armed services within the scope of 5
U.S.C. 552ak7. In some cases, such records may contain information pertaining to the identity of a source who furnished information to the Government under an express promise that the sources identity would be held in confidence or prior to the effective date of the Privacy Act, under an implied promise. The DoD therefore is proposing to claim an exemption from several provisions of the Privacy Act, including various access, amendment, disclosure of accounting, and certain record-keeping and notice requirements, to prevent disclosure of any information that would compromise the identity of confidential sources who might not have otherwise come forward to assist the Government.
Records in this system of records are only exempt from the Privacy Act to the extent the purposes underlying the exemption pertain to the record. A
notice of a new system of records for DoD0008, Freedom of Information Act and Privacy Act Records, is also published in this issue of the Federal Register.
Regulatory Analysis Executive Order 12866, Regulatory Planning and Review and Executive Order 13563, Improving Regulation and Regulatory Review Executive Orders 12866 and 13563
direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits including potential economic, environmental, public health and safety effects, distribute impacts, and equity.
Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. It has been determined that this rule is not a significant regulatory action under these executive orders.
Congressional Review Act This rule is not a major rule as defined by 5 U.S.C. 8042.
Public Law 96354, Regulatory Flexibility Act 5 U.S.C. Chapter 6
The Assistant to the Secretary of Defense for Privacy, Civil Liberties, and Transparency has certified that this Privacy Act rule does not have
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