Proposed Rule2026-06949
Privacy Act of 1974; Implementation
Primary source
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Published
April 10, 2026
Issuing agencies
Defense Department
Abstract
The Department of Defense (Department or DoD) is giving notice of a proposed rulemaking to exempt portions of the "Inspector General Criminal Investigation Records," CIG-04, system of records from certain provisions of the Privacy Act because of national security and law enforcement requirements and to avoid interference during the conduct of criminal investigations. The DoD is giving concurrent notice of a modified system of records elsewhere in today's issue of the Federal Register.
Full Text
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<title>Federal Register, Volume 91 Issue 69 (Friday, April 10, 2026)</title>
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[Federal Register Volume 91, Number 69 (Friday, April 10, 2026)]
[Proposed Rules]
[Pages 18337-18340]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-06949]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 310
[Docket ID: DOD-2026-OS-0662]
RIN 0790-AL74
Privacy Act of 1974; Implementation
AGENCY: Office of Inspector General, Department of Defense (DoD).
[[Page 18338]]
ACTION: Proposed rule.
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SUMMARY: The Department of Defense (Department or DoD) is giving notice
of a proposed rulemaking to exempt portions of the ``Inspector General
Criminal Investigation Records,'' CIG-04, system of records from
certain provisions of the Privacy Act because of national security and
law enforcement requirements and to avoid interference during the
conduct of criminal investigations. The DoD is giving concurrent notice
of a modified system of records elsewhere in today's issue of the
Federal Register.
DATES: Send comments on or before June 9, 2026.
ADDRESSES: You may submit comments, identified by docket number,
Regulation Identifier Number (RIN), and title, by any of the following
methods.
Federal Rulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the
instructions for submitting comments.
Mail: Department of Defense, Office of the Director of
Administration and Management, Privacy, Civil Liberties, and
Transparency Directorate, Regulatory Division, 4800 Mark Center Drive,
Attn: Mailbox #24, Suite 05F16, Alexandria, VA 22350-1700.
Instructions: All submissions received must include the agency name
and docket number or RIN for this Federal Register document. The
general policy for comments and other submissions from members of the
public is to make these submissions available for public viewing on the
internet at <a href="https://www.regulations.gov">https://www.regulations.gov</a> as they are received without
change, including any personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. Rahwa Keleta, Chief, Privacy and
Civil Liberties Division, <a href="/cdn-cgi/l/email-protection#deb1adbaf0b3bdf3bfb2bba6f0b1bfaaadbaf3aebdb2aaf0b3bca6f0aebdb2baf3adb1acb09eb3bfb7b2f0b3b7b2"><span class="__cf_email__" data-cfemail="adc2dec983c0ce80ccc1c8d583c2ccd9dec980ddcec1d983c0cfd583ddcec1c980dec2dfc3edc0ccc4c183c0c4c1">[email protected]</span></a>; (703) 571-0070.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the Office of Inspector
General (OIG) is modifying and reissuing a current system of records
titled, ``Case Reporting and Information Management System Records,''
CIG-04. The system of records is being retitled, ``Inspector General
Criminal Investigation Records (IGCIR).''
The system consists of both electronic and paper records and will
be used by the DoD OIG to maintain records about individuals suspected
of criminal misconduct and investigated pursuant to the Inspector
General Act of 1978, as amended.
II. Privacy Act Exemption
The Privacy Act permits Federal agencies to exempt eligible records
in a system of records from certain provisions of the Act, including
those that provide individuals with a right to request access to and
amendment of their own records. If an agency intends to exempt a
particular system of records, it must first go through the rulemaking
process pursuant to 5 U.S.C. 553(b)(1)-(3), (c), and (e). This proposed
rule explains why an exemption is being claimed for this system of
records and invites public comment, which the DoD will consider before
the issuance of a final rule implementing the exemption.
The DoD OIG proposes to modify 32 CFR part 310 to update the
existing Privacy Act exemption rule for CIG-04, ``Case Control
System,'' to change the system name and to add exemptions for this
system of records from certain provisions of the Privacy Act because
information in this system of records may fall within the scope of the
following Privacy Act exemptions: 5 U.S.C. 552a(k)(1) and (k)(2). The
existing exemption under 5 U.S.C. 552a(j)(2) will continue to be
claimed for this system. This rulemaking seeks public comment on the
addition of exemptions under 5 U.S.C. 552a(k)(1) and (k)(2).
The DoD OIG proposes this exemption because certain records may
contain classified national security information, and as a result,
notice, access, amendment, and disclosure (to include accounting for
those records) to an individual and certain record-keeping requirement
may cause damage to national security. The Privacy Act, pursuant to 5
U.S.C. 552a(k)(1), authorizes agencies to claim an exemption for
systems of records that contain information properly classified
pursuant to executive order. The DoD OIG 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 pursuant to 5 U.S.C. 552a(k)(1), 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 OIG also proposes to exempt this system of records because
these records support the conduct of criminal law enforcement
activities, and certain requirements of the Privacy Act may interfere
with the effective execution of these activities and undermine good
order and discipline. Pursuant to 5 U.S.C. 552a(k)(2), agencies may
exempt a system of records from certain provisions of the Privacy Act
if it contains investigatory material compiled for law enforcement
purposes, other than materials within the scope of 5 U.S.C. 552a(j)(2).
The DoD OIG is proposing to claim exemptions from several provisions of
the Privacy Act, including various access, amendment, disclosure of
accounting, and certain record-keeping and notice requirements,
pursuant to 5 U.S.C. 552a(k)(2), to prevent the harms articulated in
this rule from occurring.
Records in this system of records are only exempt from the Privacy
Act to the extent that the purposes underlying the exemption pertain to
the record. A modified system of records for CIG-04 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, distributive 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 rulemaking is not a
significant regulatory action.
Executive Order 14192, ``Unleashing Prosperity Through Deregulation''
This rule is not subject to Executive Order 14192, because this
rule is not a significant regulatory action under Executive Order
12866.
Congressional Review Act (5 U.S.C. 804(2))
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. DoD will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States. A
major rule may take effect no earlier than 60 calendar days after
Congress receives the rule report or the
[[Page 18339]]
rule is published in the Federal Register, whichever is later. This
rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).
Section 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
Section 202(a) of the Unfunded Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532(a)) requires agencies to assess anticipated costs and
benefits before issuing any rule whose mandates may result in the
expenditure by State, local and Tribal governments in the aggregate, or
by the private sector, in any one year of $100 million in 1995 dollars,
updated annually for inflation. This rulemaking will not mandate any
requirements for State, local, or Tribal governments, nor will it
affect private sector costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601 et
seq.)
The Director of Administration and Management has certified that
this rulemaking is not subject to the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) because it would not, if promulgated, have a
significant economic impact on a substantial number of small entities.
This rulemaking is concerned only with the administration of Privacy
Act systems of records within the DoD. Therefore, the Regulatory
Flexibility Act, as amended, does not require DoD to prepare a
regulatory flexibility analysis.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. 3501 et seq.)
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) was enacted to
minimize the paperwork burden for individuals; small businesses;
educational and nonprofit institutions; Federal contractors; State,
local and Tribal governments; and other persons resulting from the
collection of information by or for the Federal Government. The Act
requires agencies obtain approval from the Office of Management and
Budget before using identical questions to collect information from ten
or more persons. This rulemaking does not impose reporting or
recordkeeping requirements on the public.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that has federalism
implications, imposes substantial direct requirement costs on State and
local governments, and is not required by statute, or has federalism
implications and preempts State law. This rulemaking will not have a
substantial effect on State and local governments.
Executive Order 13175, ``Consultation and Coordination with Indian
Tribal Governments''
Executive Order 13175 establishes certain requirements that an
agency must meet when it promulgates a proposed rule (and subsequent
final rule) that imposes substantial direct compliance costs on one or
more Indian tribes, preempts tribal law, or affects the distribution of
power and responsibilities between the Federal Government and Indian
tribes. This rulemaking will not have a substantial effect on Indian
tribal governments.
List of Subjects in 32 CFR Part 310
Privacy.
Accordingly, 32 CFR part 310 is proposed to be amended as follows:
PART 310--PROTECTION OF PRIVACY AND ACCESS TO AND AMENDMENT OF
INDIVIDUAL RECORDS UNDER THE PRIVACY ACT OF 1974
0
1. The authority citation for 32 CFR part 310 continues to read as
follows:
Authority: 5 U.S.C. 552a.
0
2. Amend Sec. 310.28 by revising paragraph (c)(1) to read as follows:
Sec. 310.28 Office of the Inspector General (OIG) exemptions.
* * * * *
(c) * * *
(1) System identifier and name. CIG-04, Inspector General Criminal
Investigation Records.
(i) Exemptions. This system of records is exempt from 5 U.S.C.
552a(c)(3) and (4); (d)(1), (2), (3), and (4); (e)(1); (e)(2); (e)(3);
(e)(4)(G), (H), and (I); (e)(5); (e)(8); (f) and (g) of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2). This system of records is exempt from
5 U.S.C. 552a(c)(3); (d)(1), (2), (3), and (4); (e)(1); (e)(4)(G), (H),
and (I); and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(1) and
(k)(2).
(ii) Authority. 5 U.S.C. 552a(j)(2), (k)(1) and (k)(2).
(iii) Exemption from the particular subsections. Exemption from the
particular subsections is justified for the following reasons:
(A) Subsections (c)(3), (d)(1), and (d)(2).
(1) Exemption (j)(2). Records in this system of records may contain
investigatory material compiled for criminal law enforcement purposes
to include information identifying criminal offenders and alleged
offenders, information compiled for the purpose of criminal
investigation, or reports compiled during criminal law enforcement
proceedings. Application of exemption (j)(2) may be necessary because
access to, amendment of, or release of the accounting of disclosures of
such records could inform the record subject of an investigation of the
existence, nature, or scope of an actual or potential law enforcement
or disciplinary investigation, and thereby seriously impede law
enforcement or prosecutorial efforts by permitting the record subject
and other persons to whom he might disclose the records to avoid
criminal penalties or disciplinary measures; reveal confidential
sources who might not have otherwise come forward to assist in an
investigation and thereby hinder DoD's ability to obtain information
from future confidential sources and result in an unwarranted invasion
of the privacy of others.
(2) Exemption (k)(1). Records in this system of records may contain
information that is properly classified pursuant to executive order.
Application of exemption (k)(1) may be necessary because access to and
amendment of the records, or release of the accounting of disclosures
for such records, could reveal classified information. Disclosure of
classified records to an individual may cause damage to national
security.
(3) Exemption (k)(2). Records in this system of records may contain
investigatory material compiled for law enforcement purposes other than
material within the scope of 5 U.S.C. 552a(j)(2). Application of
exemption (k)(2) may be necessary because access to, amendment of, or
release of the accounting of disclosures of such records could: inform
the record subject of an investigation of the existence, nature, or
scope of an actual or potential law enforcement investigation, and
thereby seriously impede law enforcement or prosecutorial efforts by
permitting the record subject and other persons to whom he might
disclose the records or the accounting of records to avoid criminal
penalties; reveal confidential sources who might not have otherwise
come forward to assist in an investigation and thereby hinder DoD's
ability to obtain information from future confidential sources; and
result in an unwarranted invasion of the privacy of others.
(B) Subsection (c)(4), (d)(3) and (4). These subsections are
inapplicable to the extent that an exemption is being claimed from
subsections (d)(1) and (2). Accordingly, exemption from subsection
(c)(4) is claimed pursuant to (j)(2) and exemptions from subsections
(d)(3) and (d)(4) are claimed pursuant to (j)(2), (k)(1) and (k)(2).
[[Page 18340]]
(C) Subsection (e)(1). In the collection of information for
investigatory and law enforcement purposes it is not always possible to
conclusively determine the relevance and necessity of particular
information in the early stages of the investigation or adjudication.
In some instances, it will be only after the collected information is
evaluated in light of other information that its relevance and
necessity for effective investigation and adjudication can be assessed.
Collection of such information permits more informed decision-making by
the Department when making required disciplinary and prosecutorial
determinations. Additionally, records within this system may be
properly classified pursuant to executive order. Accordingly,
application of exemptions (j)(2), (k)(1) and (k)(2) may be necessary.
(D) Subsection (e)(2). To collect information from the subject
individual could serve notice that he or she is the subject of a
criminal investigation and thereby present a serious impediment to such
investigations. Collection of information only from the individual
accused of criminal activity or misconduct could also subvert discovery
of relevant evidence and subvert the course of justice. Accordingly,
application of exemption (j)(2) may be necessary.
(E) Subsection (e)(3). To inform individuals as required by this
subsection could reveal the existence of a criminal investigation and
compromise investigative efforts. Accordingly, application of exemption
(j)(2) may be necessary.
(F) Subsection (e)(4)(G) and (H). These subsections are
inapplicable to the extent exemption is claimed from subsections (d)(1)
and (2). Accordingly, application of exemptions (j)(2), (k)(1) and
(k)(2) may be necessary.
(G) Subsection (e)(4)(I). To the extent that this provision is
construed to require more detailed disclosure than the broad, generic
information currently published in the system notice, an exemption from
this provision is necessary to protect the confidentiality of sources
of information and to protect the privacy and physical safety of
witnesses and informants. Accordingly, application of exemptions
(j)(2), (k)(1) and (k)(2) may be necessary.
(H) Subsection (e)(5). It is often impossible to determine in
advance if investigatory records contained in this system are accurate,
relevant, timely and complete, but, in the interests of effective law
enforcement, it is necessary to retain this information to maintain an
accurate record of the investigatory activity, to preserve the
integrity of the investigation, and satisfy various Constitutional and
evidentiary requirements, such as mandatory disclosure of potentially
exculpatory information in the investigative file to a defendant. It is
also necessary to retain this information to aid in establishing
patterns of activity and provide investigative leads. With the passage
of time, seemingly irrelevant or untimely information may acquire new
significance as further investigation brings new details to light and
the accuracy of such information can only be determined through
judicial processes. Accordingly, application of exemption (j)(2) may be
necessary.
(I) Subsection (e)(8). To serve notice as required by this
subsection could give the subject of an investigation sufficient
warning to evade investigative efforts. Accordingly, application of
exemption (j)(2) may be necessary.
(J) Subsection (f). The agency's rules are inapplicable to those
portions of the system that are exempt. Accordingly, application of
exemptions (j)(2), (k)(1) and (k)(2) may be necessary.
(K) Subsection (g). This subsection is inapplicable to the extent
that the system is exempt from other specific subsections of the
Privacy Act. Accordingly, an exemption from subsection (g) is claimed
pursuant to (j)(2).
(iv) Exempt records from other systems. In the course of carrying
out the overall purpose for this system, exempt records from other
systems of records may in turn become part of the records maintained in
this system. To the extent that copies of exempt records from those
other systems of records are maintained in this system, the DoD claims
the same exemptions for the records from those other systems that are
entered into this system, as claimed for the prior system(s) of which
they are a part, provided the reason for the exemption remains valid
and necessary.
* * * * *
Dated: April 7, 2026.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2026-06949 Filed 4-9-26; 8:45 am]
BILLING CODE 6001-FR-P
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