LETTER TO HONORABLE SAM J. ERVIN, JR., FROM W.E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP76M00527R000700140063-0
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 12, 2016
• Document Release Date: November 21, 2001
• Sequence Number: 63
• Publication Date: July 23, 1974
• Content Type: LETTER

CENTRAL INTELLIGENCE AGENCY
-~"a~4l7Vf> 4F,1?-'fiJtris`e 3
WASHINGTON, D.C. 20505 OLC 74-1388
2 3 JUI- 1974
Honorable Sam J. Ervin, Jr., Chairman
Committee on Government Operations
United States Senate
Washington, D. C. 20510
Dear Mr. Chairman:
This is in response to your request for the views and recommenda-
tions of this Agency on S. 3418, "To establish a Federal Privacy Board
to oversee the .gathering and disclosure of information concerning
individuals, to provide management systems in Federal agencies,
State, and local governments, and other organizations regarding such
information, and for other purposes. "
S. 3418 establishes a comprehensive program for the protection
of individual privacy which in principle I personally endorse. As the
bill recognizes, however, there are circumstances when information on
individuals must in the national interest remain confidential. Section 202
of the bill provides an exemption from the provisions of the Act for three
such circumstances:
"(1) to the extent that information in such
systems is maintained by a Federal agency,
and the head of that agency determines that
the release of the information would seriously
damage national defense;
"(2) which are part of active criminal
investigatory files compiled by Federal,
State, or local law enforcement organiza-
tions, except where such files have been
maintained for a period longer than is
necessary to commence criminal prosecu-
tion; or.
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" (3) maintained by the press and news
media, except information relating to
employees of such organizations. "
The National Security Act of 1947 and the Central Intelligence Agency
Act of 1949, the statutory bases of CIA, recognize that the conduct of
foreign intelligence by its nature must be confidential. Accordingly,
the Director was charged with the responsibility for protecting
Intelligence Sources and Methods from unauthorized disclosure and the
Agency was exempted from provisions of law requiring certain public
disclosures (50 U. S. C. A. 403g).
Section 201 of S. 3418 would require Federal agencies to publicly
disclose extensive details regarding information systems that contain
personal information and notify all individuals who are subjects of such
information systems of this fact. Agencies would also be required to
furnish upon the request of any individual who is a subject of an information
system, including non-resident foreign nationals, the details and source
of the information.
It is my view that the protection of Intelligence Sources and Methods
requires.that a substantial percentage if not all of this Agency's holdings
of information on individuals and details of our information systems must
remain classified and not subject to public disclosure under S. 3418. This
is so not only to protect the lives and well being of agents abroad but also
to preserve the sources and methods used to collect foreign intelligence
information which is vital to our national security. In addition to these
considerations, I wish to stress that the bulk of the Agency's foreign
intelligence information concerns foreign personalities and obviously
should be exempted from the disclosure requirements of the bill.
Although S. 3418 contains a provision to exempt from the operation
of the Act information systems maintained by a Federal agency to the
extent that information in such systems, if released, would seriously
damage national defense, some information maintained by CIA concerning
Intelligence Sources and Methods arguably would not qualify for exemption
as the bill is now written. In the interest of avoiding a possible statutory
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conflict and to.ensure that CIA will be able to continue to effectively
carry out its foreign intelligence mission, it is requested that the
proposed legislation be amended to specifically exempt this Agency.
Recommended language is enclosed.
The Office of Management and Budget advises there is no
objection to the submission of this report from the standpoint of the
Administration's program.
1 .- DCI
l - DD CI
i 'ER
1 - OL`C Chrono (w/basic)
OLC/SWH:bao (26.Jun.74),
Distribution:
Original - Addressee
Sincerely,
/s/ W. F. Colby
W. E. Colby
Director
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Suggested Language for S. 3418
'Add section 202(4) as follows:
"(4) maintained by the Central Intelligence
Agency. "
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