Rule2025-00670
Privacy Act; Implementation
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 16, 2025
Effective
February 18, 2025
Issuing agencies
Health and Human Services Department
Abstract
The Department of Health and Human Services (HHS or Department) is issuing this final rule to make effective the exemptions that were previously proposed for a new Privacy Act system of records, "NIH Police Records," maintained by the National Institutes of Health (NIH), from certain requirements of the Act. The new system of records covers criminal and non-criminal law enforcement investigatory material maintained by the NIH Division of Police, a component of NIH which performs criminal law enforcement as its principal function. The exemptions are necessary and appropriate to protect the integrity of law enforcement proceedings and records compiled during the course of NIH Division of Police activities, prevent disclosure of investigative techniques, and protect the identity of confidential sources involved in those activities.
Full Text
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<title>Federal Register, Volume 90 Issue 10 (Thursday, January 16, 2025)</title>
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[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4673-4677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-00670]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
45 CFR Part 5b
[Docket Number NIH-2022-0002]
RIN 0925-AA69
Privacy Act; Implementation
AGENCY: National Institutes of Health (NIH), Department of Health and
Human Services (HHS).
ACTION: Final rule.
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SUMMARY: The Department of Health and Human Services (HHS or
Department) is issuing this final rule to make effective the exemptions
that were previously proposed for a new Privacy Act system of records,
``NIH Police Records,'' maintained by the National Institutes of Health
(NIH), from certain requirements of the Act. The new system of records
covers criminal and non-criminal law enforcement investigatory material
maintained by the NIH Division of Police, a component of NIH which
performs criminal law enforcement as its principal function. The
exemptions are necessary and appropriate to protect the integrity of
law enforcement proceedings and records compiled during the course of
NIH Division of Police activities, prevent disclosure of investigative
techniques, and protect the identity of confidential sources involved
in those activities.
DATES: This final rule is effective February 18, 2025.
FOR FURTHER INFORMATION CONTACT: Dustin Close, Office of Management
Assessment, National Institutes of Health, 6705 Rockledge Drive, Suite
601, Bethesda, Maryland 20892, telephone 301-402-6469, email
<a href="/cdn-cgi/l/email-protection#6616140f1007051f260b070f0a48080f0e48010910"><span class="__cf_email__" data-cfemail="99e9ebf0eff8fae0d9f4f8f0f5b7f7f0f1b7fef6ef">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction
HHS/NIH published a Notice of Proposed Rulemaking (NPRM) in the
Federal Register on June 7, 2024 (89 FR 48536), seeking notice and
comment concerning proposed exemptions for a new system of records with
respect to certain materials maintained by the NIH Division of Police.
These proposals were made in accordance with the Privacy Act of 1974
(Privacy Act) and the Office of Management and Budget (OMB) Circular A-
108, Federal Agency Responsibilities for Review, Reporting, and
Publication under the Privacy Act. This new system of records was
described in a System of Records Notice (SORN) that was published in
the Federal Register (89 FR 48654) on the same day for notice and
comment. A 60-day comment period was provided for both the NPRM and the
SORN. The public comment period for both the NPRM and the SORN expired
on August 6, 2024. One comment was received in response to the NPRM,
and no comments were received in response to the SORN. The comment
received in response to the NPRM supported the rulemaking action. HHS/
NIH made no changes to the exemptions that were proposed in the NPRM or
to the SORN in response to the public comment received. The NPRM, as
published on June 7, 2024 (89 FR 48654), provided for the SORN to be
effective upon publication of this final rule. Therefore, the SORN, as
published on June 7, 2024 (89 FR 48654), is now effective.
II. Background on the NIH Police Division and New System of Records 09-
25-0224
The NIH Division of Police, organizationally located within the
Office of Research Services (ORS), Office of the Director, NIH, was
established in 1968 to provide an immediate and primary law enforcement
program for the NIH and derives its authority from Memorandum from the
Assistant Secretary for Administration, Office of the Secretary (OS),
to the Director, NIH, June 13, 1968, entitled: Delegation of Authority
to Assist in Controlling Violations of Law at Certain HEW [Department
of Health, Education, and Welfare] Facilities Located in Montgomery
County, Maryland; 40 U.S.C. 1315 (Law enforcement authority of
Secretary of Homeland Security for protection of public property; a
Department of Homeland Security (DHS) delegation of authority to HHS/
NIH; and an NIH delegation of authority to the NIH Division of Police);
General
[[Page 4674]]
Administrative Delegation of Authority Number 08, Control of Violations
of Law at Certain NIH Facilities (Sept. 1, 2020). Based on that
establishing authority, the Division of Police performs criminal law
enforcement as its principal function. However, the Division of Police
conducts criminal, civil, administrative, and regulatory law
enforcement investigations.
The NIH Division of Police is directly responsible for the
provision of daily law enforcement and criminal and civil investigative
activities required to protect the life, safety, and property of NIH
employees, contractors, patients, and visitors at NIH. To perform these
responsibilities, the NIH Division of Police compiles and maintains
records of complaints of incidents, inquiries, investigative findings,
arrest records, and court dispositions which are retrieved by personal
identifiers and therefore constitute a ``system of records'' as defined
by the Privacy Act at 5 U.S.C. 552a(a)(5). The primary purposes for
which the records are used are to: (1) record incidents of crime, civil
disturbance, and traffic accidents on the NIH enclave, and the
investigation of such incidents; (2) maintain information essential to
the protection of life, safety, and property at NIH; (3) provide
official records of law enforcement investigative efforts for use in
administrative, criminal and/or civil proceedings; and (4) document
criminal and civil law enforcement investigations.
III. Eligible Records and Exemptions
The new system of records includes both criminal and non-criminal
(e.g., civil, administrative, regulatory) law enforcement investigatory
records which will be retrieved by subject individuals' personal
identifiers. Such records are eligible to be exempted from certain
Privacy Act requirements, as follows:
<bullet> Subsection (j)(2) of the Privacy Act (5 U.S.C. 552a(j)(2))
allows an agency head to exempt from certain Privacy Act provisions a
system of records maintained by the agency or component thereof which
performs as its principal function any activity pertaining to the
enforcement of criminal laws.
<bullet> Subsection (k)(2) of the Act (5 U.S.C. 552a(k)(2)) allows
an agency head to exempt from certain Privacy Act provisions a system
of records containing investigatory material compiled for law
enforcement purposes, other than material within the scope of
subsection (j)(2) (for example, material compiled for a civil,
administrative, or regulatory law enforcement purpose, or material
compiled for a criminal law enforcement purpose by an agency component
that does not perform criminal law enforcement as its principal
function). This exemption's effect on the subject individual's access
rights is qualified in that if any individual is denied any right,
privilege, or benefit to or for which the individual otherwise would be
entitled by Federal law, or for which the individual would otherwise be
eligible, as a result of the maintenance of the system of records, the
individual must be provided the requested materials except to the
extent that disclosure would reveal the identity of a source who
furnished information to the Government under an express promise that
the identity of the source would be held in confidence.
HHS/NIH is establishing the following exemptions for the records:
<bullet> Based on 5 U.S.C. 552a(k)(2), HHS/NIH is exempting non-
criminal (e.g., civil, administrative, regulatory) law enforcement
investigatory material in System No. 09-25-0224 from the requirements
in subsections (c)(3), (d)(1) through (4), (e)(1), (e)(4)(G) through
(I), and (f) of the Privacy Act, which require the agency to provide an
accounting of disclosures; provide notification, access, and amendment
rights; maintain only relevant and necessary information authorized by
a statute or Executive order; establish and describe procedures whereby
an individual can be notified if a system of records contains
information pertaining to that individual and how to gain access to
pertinent records; identify categories of record sources; and
promulgate rules regarding these procedures. The effect of this
exemption on a subject individual's access rights will be to permit
withholding the records during an ongoing investigation, but limited as
required by subsection (k)(2) to information that would reveal the
identity of a source who was expressly promised confidentiality in
cases in which maintenance of the records results in denial of a
Federal right, privilege, or benefit to or for which the individual
would otherwise be entitled or eligible.
<bullet> Based on subsection 5 U.S.C. 552a(j)(2), HHS/NIH is
exempting criminal law enforcement investigatory material in System No.
09-25-0224 from the same requirements identified above, and from these
additional subsections:
[cir] (c)(4), requiring the agency to inform disclosure recipients
of corrections and notations of dispute affecting disclosed records;
[cir] (e)(2) and (3), requiring the agency to collect information
directly from the subject individual to the greatest extent practicable
and to provide a Privacy Act notice to the individual at the time of
collection;
[cir] (e)(5), requiring the agency to maintain records used in
agency determinations with sufficient accuracy, relevance, timeliness,
and completeness to ensure fairness to individuals;
[cir] (e)(8), requiring the agency to attempt to notify an
individual when a record about the individual is disclosed under
compulsory legal process; and
[cir] (g), subjecting the agency to civil action and civil remedies
for noncompliance with access, amendment, and accuracy, relevance,
timeliness, and completeness requirements, and for noncompliance that
adversely affects an individual.
Notwithstanding the establishment of these exemptions, individual
record subjects may submit accounting, access, notification, and
amendment requests, and HHS/NIH will consider such requests on a case-
by-case basis. Only information that is not factually accurate, or is
not relevant, timely, or complete may be contested.
In addition to the exemptions that HHS/NIH is establishing for
system of records 09-25-0224 in this final rule, if any law enforcement
investigatory material compiled in that system of records is from
another system of records in which such material was exempted from
access and other requirements of the Privacy Act based on 5 U.S.C.
552a(j)(2), NIH may claim the same exemptions in system of records 09-
25-0224 on the same basis (i.e., 5 U.S.C. 552a(j)(2)) and from the same
requirements as in the source system from which they originated.
IV. Exemption Rationales
The following specific rationales explain why each exemption is
necessary and appropriate for law enforcement investigation records
maintained by the NIH Division of Police, in order to prevent
interference with and protect the integrity of pending, closed, and
future investigations, including related investigations. All
subsections referenced are subsections of 5 U.S.C. 552a.
<bullet> Subsection (c)(3) (Provide Accountings of Disclosures).
This exemption will apply to both criminal and non-criminal law
enforcement investigatory material. Providing an accounting of
disclosures to an individual record subject could reveal the existence
of a pending or prior investigation or present or past investigative
interest on the part of NIH or another agency. This would pose a
serious impediment to law enforcement efforts and undermine the
investigative
[[Page 4675]]
process by enabling a subject individual or others in concert with that
individual to harass, intimidate, or collude with witnesses, destroy,
conceal, or tamper with evidence, threaten or endanger law enforcement
personnel, alter patterns of behavior, and avoid detection or
apprehension by law enforcement authorities.
<bullet> Subsection (c)(4) (Inform Disclosure Recipients of
Corrections and Notations of Dispute). This exemption applies to only
criminal law enforcement investigatory material. Because system of
records 09-25-0224 will be exempt from amendment requirements in
subsection (d) and HHS/NIH's compliance with amendment requirements
therefore will be voluntary, it is necessary and appropriate that HHS/
NIH's compliance with the requirement in subsection (c)(4) be voluntary
also. This will give HHS/NIH the flexibility to decide which cases
warrant expending resources to meet those administratively burdensome
requirements.
<bullet> Subsection (d)(1) through (4) (Provide Notification,
Access, and Amendment Rights). These exemptions apply to both criminal
and non-criminal law enforcement investigatory material. Providing
subject individuals with the right to be notified of whether the system
of records contains a record about them and to access and amend such
records could reveal the existence of a pending or prior investigation
or present or past investigative interest by NIH or another agency and
details about the investigation, including identities of sources of
information, personal information about third parties, and sensitive
investigative techniques. This could impair pending and future
investigations by chilling or deterring sources of information from
providing information to investigators (particularly if they are not
certain of its accuracy or fear retribution), by providing an
opportunity for subject individuals and others acting in concert with
subject individuals to tamper with witnesses or evidence, and by
allowing individuals to alter their behavior to defeat investigative
techniques and avoid detection or apprehension. Complying with
amendment requirements could significantly delay investigations while
attempts are made to resolve questions of accuracy, relevance,
timeliness, and completeness and would impose an impossible
administrative burden by requiring investigations to be continuously
reinvestigated. In the case of criminal investigations, since the
system of records will be exempt from having to maintain records that
are accurate, relevant, timely, and complete, the exemption from
amendments seeking to correct to those standards is also appropriate.
<bullet> Subsection (e)(1) (Maintain Only Relevant and Necessary
Information Authorized by Statute or Executive order). This exemption
applies to both criminal and non-criminal law enforcement investigatory
material. In the course of a law enforcement investigation, and
especially in the early stages of an investigation, the relevance and
necessity of information obtained or introduced may be unclear or the
information may not be strictly relevant or necessary to a specific
investigation but may lead to discovery of relevant information. In the
interests of effective law enforcement, it is appropriate to retain all
information that may aid in establishing patterns of unlawful activity.
<bullet> Subsections (e)(2) and (3) (Collect Information Directly
From the Subject Individual to the Greatest Extent Practicable, and
Provide a Privacy Act Notice). These exemptions apply to only criminal
law enforcement investigatory material. It is not always practicable to
collect information sought in a criminal law enforcement investigation
directly from subject individuals. Individuals who could be adversely
affected by an investigation may intentionally provide unreliable
information to avoid being implicated in criminal activity. Questioning
subject individuals and providing a Privacy Act notice to them (i.e.,
informing them of the purposes for which information collected from
them will be used and disclosed and how providing or not providing it
could affect them), could inappropriately reveal the existence, nature,
scope, and details of the investigation. This would provide an
opportunity for the subject individual or others acting in concert with
that individual to conceal evidence, alter patterns of behavior, or
take other actions that could thwart investigative efforts; reveal the
identity of witnesses in investigations, thereby providing an
opportunity for the subjects of the investigations or others to harass,
intimidate, or otherwise interfere with the collection of evidence or
other information from such witnesses; or reveal the identity of
confidential or other informants who provide information to
investigators, which would negatively affect an informant's usefulness
in any ongoing or future investigations and discourage members of the
public from cooperating with future investigations.
<bullet> Subsections (e)(4)(G) and (H) (Describe Procedures for
Notification, Access, and Amendment). These exemptions apply to both
criminal and non-criminal law enforcement investigatory material.
Because system of records 09-25-0224 will be exempt from request
requirements in subsection (d)(1) through (4) (Provide Notification,
Access, and Amendment Rights) and HHS/NIH's compliance with those
request requirements will therefore be voluntary, it is appropriate
that HHS/NIH's compliance with the requirements in subsection (e)(4)(G)
and (H) to provide request procedures be voluntary also. HHS/NIH has
included request procedures in the SORN for system of records 09-25-
0224 because, notwithstanding the exemptions, individual record
subjects may submit access and amendment requests, and HHS/NIH will
consider such requests on a case-by-case basis.
<bullet> Subsection (e)(4)(I) (Identify Categories of Record
Sources in the SORN). This exemption applies to both criminal and non-
criminal law enforcement investigatory material. Because the
information in these records may come from any source, it is not
possible to know every category in advance in order to include them all
in the SORN. Further, some record source categories would not be
appropriate to publish in the SORN if, for example, revealing them
could thwart or impede pending and future law enforcement
investigations by enabling record subjects or other individuals to
discover sensitive investigative techniques and devise ways to bypass
or defeat them to evade detection and apprehension.
<bullet> Subsection (e)(5) (Maintain Records Used in Agency
Determinations with Sufficient Accuracy, Relevance, Timeliness, and
Completeness to Ensure Fairness). This exemption applies to only
criminal law enforcement investigatory material. It is not always
possible to know whether criminal law enforcement investigation
information is accurate, relevant, timely, and complete. With regard to
relevance, in the course of a law enforcement investigation, and
especially in the early stages of an investigation, the relevance of
information obtained or introduced may be unclear or the information
may not be strictly relevant to a specific investigation. Compliance
with (e)(5) would preclude NIH agents from using their investigative
training and exercise of good judgment to both conduct and report on
investigations.
<bullet> Subsection (e)(8) (Make Reasonable Efforts to Provide
Notice of Disclosures Made Under Compulsory Legal Process When Such
Process Becomes A Matter of Public Record). This exemption applies to
only criminal law enforcement investigatory material.
[[Page 4676]]
Compliance with this requirement would risk revealing an ongoing
criminal investigation to the target of an investigation who otherwise
might not be aware of it, defeating a law enforcement advantage in
those cases. Compliance with this requirement would also risk revealing
a criminal investigation by mistake or inappropriately in cases in
which an investigation was not in fact a matter of public record or was
not intended to be made public.
<bullet> Subsection (g) (Civil Liability for Noncompliance with
Notification, Access, Amendment, and Accuracy, Relevance, Timeliness,
and Completeness Requirements, or for Noncompliance That Causes an
Adverse Effect). This exemption applies to only criminal law
enforcement investigatory material. The exemption would prevent a
subject individual from bringing a civil action against the agency for
violations of Privacy Act requirements as to those records; this would
include violations of the preceding requirements, from which the agency
would be exempt anyway (which violations therefore would be unlikely to
support a successful civil action), and any other violations causing an
adverse effect on the individual. Any civil action (even an untenable
one) could interfere with, delay, and undermine pending and prospective
investigations, reveal sensitive investigative techniques and evidence,
cause unwarranted invasions of personal privacy, and reveal identities
of witnesses, potential witnesses, and confidential sources.
Subsection (f) (Promulgate Rules Regarding These Procedures). This
exemption applies to both criminal and non-criminal law enforcement
investigatory material provided however, that for investigative
material compiled for law enforcement purposes other than material
within the scope of 5 UC 552a(j)(2), if any individual is denied any
right, privilege, or benefit for which he or she would otherwise be
eligible, as a result of the maintenance of these records, such
material shall be provided to such individual, except to the extent
that the disclosure of such material would reveal the identity of a
source who furnished information to the Government under an express
promise that the identity of the source would be held in confidence.
Compliance with this requirement may help protect the agency from a
claim regarding adequacy of or procedural objections to any relevant
rules.
For the reasons stated, HHS/NIH believes that the exemptions
authorized in 5 U.S.C. 552a(j)(2) and (k)(2) are essential to system of
records 09-25-0224 to prevent interference with and protect the
integrity of all investigations concerning the NIH Division of Police.
In NIH's past experience, not having these protections has led to the
overall hinderance of law enforcement operations. These exemptions will
help prevent such problems from recurring in the future.
Accordingly, HHS exempts both criminal and non-criminal law
enforcement investigatory material in system of records 09-25-0224 NIH
Police Records from the requirements in subsections (c)(3), (d)(1)
through (4), (e)(1), (e)(4)(G) through (I), and (f) of the Privacy Act,
based on 5 U.S.C. 552a(j)(2) and (k)(2), and exempts criminal law
enforcement investigatory material in the same system of records from
the additional requirements in subsections (c)(4), (e)(2) and (3),
(e)(5), (e)(8), and (g) of the Privacy Act, based on 5 U.S.C.
552a(j)(2).
Regulatory Impact Analysis
I. Introduction
We examined the impacts of this rule under Executive Order 12866,
Regulatory Planning and Review; Executive Order 13563, Improving
Regulation and Regulatory Review; Executive Order 14094, Modernizing
Regulatory Review; the Regulatory Flexibility Act (5 U.S.C. 601-612);
the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4), the Paperwork
Reduction Act of 1995 (44 U.S.C. 35-1 et seq., and Executive Order
13132, Federalism.
II. Review Under Executive Orders 12866, 13563, and 14094
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, distributive impacts, and equity). The
Executive Order 14094 entitled ``Modernizing Regulatory Review'' amends
section 3(f) of Executive Order 12866 (Regulatory Planning and Review).
The amended section 3(f) of Executive Order 12866 defines a
``significant regulatory action'' as an action that is likely to result
in a rule that may: (1) have an annual effect on the economy of $200
million or more in any 1 year (adjusted every 3 years by the
Administrator of OIRA for changes in gross domestic product); or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, territorial, or tribal governments
or communities; (2) create a serious inconsistency or otherwise
interfere with an action taken or planned by another agency; (3)
materially alter the budgetary impacts of entitlements, grants, user
fees, or loan programs or the rights and obligations of recipients
thereof; or (4) raise legal or policy issues for which centralized
review would meaningfully further the President's priorities or the
principles set forth in this Executive order, as specifically
authorized in a timely manner by the Administrator of OIRA in each
case.
A regulatory impact analysis (RIA) must be prepared for major rules
with significant regulatory action/s and/or with significant effects as
per section 3(f)(1) ($200 million or more in any 1 year). OMB's Office
of Information and Regulatory Affairs has determined that this
rulemaking is ``not significant'' under section 3(f) and does not meet
the criteria set forth in 5 U.S.C. 804(2) under Subtitle E of the Small
Business Regulatory Enforcement Fairness Act of 1996 (also known as the
Congressional Review Act). Thus, an RIA is unnecessary.
This rule renders certain Privacy Act requirements inapplicable to
certain records (in this case, law enforcement investigatory records)
in accordance with criteria established in the Privacy Act based on a
showing that agency compliance with those requirements with respect to
those records would harm the effectiveness or integrity of the agency
function or process for which the records are maintained (in this case,
law enforcement investigations). However, OMB has reviewed this
regulation under its Privacy Act oversight authority.
III. Review Under the Regulatory Flexibility Act (5 U.S.C. 601-612)
The Regulatory Flexibility Act requires agencies to analyze
regulatory options that would minimize any significant impact of a rule
on small entities. Because the rule concerns records about individuals,
it imposes no duties or obligations on small entities; the agency
therefore certifies that the rule will not have a significant economic
impact on a substantial number of small entities.
IV. Review Under the Unfunded Mandates Reform Act of 1995 (Section 202,
Pub. L. 104-4)
Section 202(a) of the Unfunded Mandates Reform Act of 1995 requires
that agencies prepare a written statement, which includes an assessment
of anticipated costs and
[[Page 4677]]
benefits, before issuing ``any rule that includes any Federal mandate
that may result in the expenditure by State, local, and tribal
governments, in the aggregate, or by the private sector, of
$100,000,000 or more (adjusted annually for inflation) in any one
year.'' The current inflation-adjusted statutory threshold is
approximately $156 million based on the Bureau of Labor Statistics
inflation calculator. The agency does not expect this rule will result
in any one-year expenditure that would meet or exceed this amount.
V. Review Under the Paperwork Reduction Act of 1995 (44 U.S.C. 35-1 et
seq.)
This rule does not contain any information collection requirements
subject to the Paperwork Reduction Act.
VI. Review Under Executive Order 13132, Federalism
This rule will not have any direct effects on States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, no federalism assessment is required.
List of Subjects in 45 CFR Part 5b
Privacy.
For the reasons set out in the preamble, the Department of Health
and Human Services amends 45 CFR part 5b as follows:
PART 5B--PRIVACY ACT REGULATIONS
0
1. The authority citation for part 5b continues to read as follows:
Authority: 5 U.S.C. 301, 5 U.S.C. 552a.
0
2. Amend Sec. 5b.11 by adding paragraph (b)(2)(ix) to read as follows:
Sec. 5b.11 Exempt systems.
* * * * *
(b) * * *
(2) * * *
(ix) Pursuant to subsections (j)(2) and (k)(2) of the Act:
(A) NIH Police Records, 09-25-0224. (All law enforcement
investigatory records are exempt from subsections (c)(3), (d)(1)
through (4), (e)(1), (e)(4)(G) through (I), and (f) of the Act;
criminal law enforcement investigatory records are exempt from
additional subsections (c)(4), (e)(2) and (3), (e)(5), (e)(8), and (g);
the access exemption for non-criminal law enforcement investigatory
records is limited as provided in subsection (k)(2).)
(B) [Reserved]
* * * * *
Xavier Becerra,
Secretary, Department of Health and Human Services.
[FR Doc. 2025-00670 Filed 1-15-25; 8:45 am]
BILLING CODE 4150-01-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.