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Federal Register / Vol. 86, No. 154 / Friday, August 13, 2021 / Proposed Rules rulemaking supersedes the previous notice. FRTIBs fraud and forgery records fall under the exemption stated within subsection k2 of the Privacy Act because these records are compiled for law enforcement purposes. FRTIB
proposes to exempt eligible records contained within FRTIB13 from the requirements of subsections c3; d;
e1; e4G, H, I; and f, which require agencies to provide an accounting of disclosures; provide notification, access, and amendment rights, rules, and procedures; maintain only relevant and necessary information; and identify categories of record sources. Exempting records from this system is necessary and appropriate to maintain the integrity of FRTIBs investigations into allegations of fraud or forgery and to ensure that FRTIBs efforts to obtain accurate and objective information will be successful. To the extent that FRTIB uses investigatory material within this system of records as a basis for denying an individual any right, privilege, or benefit to which an individual would be entitled in the absence of that record, FRTIB will grant that individual access to the material except to the extent that access would reveal the identity of a source promised confidentiality.
The FRTIB is promulgating exemptions under subsection k2 for FRTIB14, Legal Case Files. FRTIB14
contains information compiled by the Agency in the course of its duties to provide legal advice to FRTIB personnel and respond appropriately to claims and litigation. FRTIB has previously published a SORN for this system in the Federal Register, 85 FR 43654, 43666
July 21, 2020. FRTIBs legal case files fall under the exemption stated within subsection k2 of the Privacy Act because these records may be compiled for law enforcement purposes. FRTIB
proposes to exempt eligible records contained within FRTIB14 from the requirements of subsections c3; d;
e1; e4G, H, I; and f, which require agencies to provide an accounting of disclosures; provide notification, access, and amendment rights, rules, and procedures; maintain only relevant and necessary information; and identify categories of record sources. Exempting records from this system is necessary and appropriate to maintain the integrity of FRTIBs legal case files and to ensure that FRTIBs efforts to obtain accurate and objective information will be successful.
To the extent that FRTIB uses investigatory material within this system of records as a basis for denying an individual any right, privilege, or
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benefit to which an individual would be entitled in the absence of that record, FRTIB will grant that individual access to the material except to the extent that access would reveal the identity of a source promised confidentiality.
The FRTIB is promulgating exemptions under subsection k2 for FRTIB15, Internal Investigations of Harassment and Hostile Work Environment Allegations. FRTIB15
contains information compiled by the Agency in the course of upholding FRTIBs policy to provide for a work environment free from all forms of harassment. FRTIB has previously published a SORN for this system in the Federal Register, 85 FR 43654, 43669
July 21, 2020. FRTIBs internal investigations and hostile work environment allegations files fall under the exemption stated within subsection k2 of the Privacy Act because these records may be compiled for law enforcement purposes. FRTIB proposes to exempt eligible records contained within FRTIB15 from the requirements of subsections c3; d; e1; e4G, H, I; and f, which require agencies to provide an accounting of disclosures;
provide notification, access, and amendment rights, rules, and procedures; maintain only relevant and necessary information; and identify categories of record sources. Exempting records from this system is necessary and appropriate to maintain the integrity of FRTIBs legal case files and to ensure that FRTIBs efforts to obtain accurate and objective information will be successful. To the extent that FRTIB
uses investigatory material within this system of records as a basis for denying an individual any right, privilege, or benefit to which an individual would be entitled in the absence of that record, FRTIB will grant that individual access to the material except to the extent that access would reveal the identity of a source promised confidentiality.
The FRTIB is promulgating exemptions under subsection k2 for FRTIB23, Insider Threat Program Records. FRTIB23 contains information compiled by the Agency in the course of performing insider threat program functions. The FRTIB has published a SORN for this system in the Federal Register, 86 FR 40564 July 28, 2021. Insider threat program records fall under the exemption stated within subsection k2 of the Privacy Act because these records are compiled for law enforcement purposes. FRTIB
proposes to exempt eligible records contained within FRTIB23 from the requirements of subsections c3; d;
e1; e4G, H, I; and f, which require agencies to provide an
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accounting of disclosures; provide notification, access, and amendment rights, rules, and procedures; maintain only relevant and necessary information; and identify categories of record sources. Exempting records from this system is necessary and appropriate to maintain the integrity of FRTIBs investigations into allegations of insider threats and to ensure that FRTIBs efforts to obtain accurate and objective information will be successful. To the extent that FRTIB uses investigatory material within this system of records as a basis for denying an individual any right, privilege, or benefit to which an individual would be entitled in the absence of that record, FRTIB will grant that individual access to the material except to the extent that access would reveal the identity of a source promised confidentiality.
These exemptions apply only to the extent that information in this system is subject to exemption pursuant to 5
U.S.C. 552ak. Where FRTIB
determines compliance would not appear to interfere with or adversely affect the purpose of this system to investigate and prevent insider threats, the applicable exemption may be waived by FRTIB in its sole discretion.
Exemptions from the particular subsections are necessary and appropriate, and justified for the following reasons:
5 U.S.C. 552ac3 the requirement to provide accountings of disclosures and 5 U.S.C. 552ad14
requirements addressing notification, access, and amendment rights, collectively referred to herein as access requirements. Providing individuals with notification, access, and amendment rights with respect to allegations and investigations into personnel investigations, fraud against participant accounts, legal case files, internal investigations of harassment and hostile work environment allegations, or investigations of potential insider threats could reveal the existence of an investigation;
investigative interest; investigative techniques; details about an investigation; security-sensitive information, such as information about security measures and security vulnerabilities; information that must remain non-public to protect personal privacy; identities of law enforcement personnel; or other sensitive or Privacy Act-protected information. Revealing such information to individuals could compromise or otherwise impede pending and future law enforcement investigations and efforts to protect sensitive information. Revealing such information could also violate personal
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