NIH Has Secret Police Force That Can Hide Records
Published Date: 1/16/2025
Rule
Summary
The Department of Health and Human Services is putting new privacy rules in place for the NIH Police Records starting February 18, 2025. These rules protect sensitive law enforcement info, like investigations and secret sources, from being shared. If you’re involved with NIH police records, these changes keep things safe without costing extra money or causing delays.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 2 costs, 1 mixed.
NIH Police Records: Privacy Exemptions
HHS/NIH exempts the new system of records “NIH Police Records” (System No. 09-25-0224) from many Privacy Act requirements effective February 18, 2025. The exemptions remove requirements like accountings of disclosures and routine notification, access, and amendment rights by exempting subsections (c)(3), (d)(1)–(4), (e)(1), (e)(4)(G)–(I), and (f).
Criminal Records: Broader Exemptions
Criminal law enforcement investigatory records in System No. 09-25-0224 are exempt from additional Privacy Act provisions based on 5 U.S.C. 552a(j)(2). These additional exemptions include (c)(4), (e)(2) and (3), (e)(5), (e)(8), and (g), which can limit notice at collection, accuracy/record-keeping requirements, and civil actions under subsection (g).
Non‑Criminal Records: Access Limits with an Exception
Non-criminal (civil, administrative, regulatory) law enforcement investigatory records in System No. 09-25-0224 are exempted under 5 U.S.C. 552a(k)(2) from enumerated Privacy Act provisions, but access is limited only as allowed by that subsection. If maintenance of such records causes denial of any Federal right, privilege, or benefit to which an individual would otherwise be entitled, the agency must provide the requested materials except to the extent disclosure would reveal the identity of a confidential source.
You Can Still Request Records Case‑by‑Case
Even with these exemptions, individual record subjects may still submit accounting, access, notification, and amendment requests and NIH will consider such requests on a case‑by‑case basis. NIH will only allow amendments to contest information that is not factually accurate or is not relevant, timely, or complete.
No Economic Burden on Small Entities
The agency certified that this rule concerns records about individuals and imposes no duties or obligations on small entities, so it will not have a significant economic impact on a substantial number of small businesses. The rule does not create new costs or information-collection requirements for small entities.
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