LETTER TO MR. JAMES M. FREY ATTN: MR. WILLIAM V. SKIDMORE FROM W. E. COLBY

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R000800070091-0
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 3
• Document Creation Date: December 12, 2016
• Document Release Date: November 26, 2001
• Sequence Number: 91
• Publication Date: June 9, 1975
• Content Type: LETTER

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DRAFT: DFM: cg (9 June 75)
Mr. James M. Frey, Assistant Director
for Legislative Reference
Office of Management and Budget
Washington, D. C. 20503
Attention: Mr. William V. Skidmore
Dear Mr. Skidmore:
This is in response to your request for the views of the Central
Intelligence Agency on H. R. 2635, "To amend the Privacy Act of 1974. "
The bill would alter section 3 (d) (2) (B) (i) of the Act, regarding an
individual's right to correct personal information held by Government
agencies, and would also strike section 3 (j) (1) . This section authorizes the
Director of Central Intelligence to promulgate rules exempting any system of
CIA records from certain requirements of the Act. I will confine my comments
to the proposed deletion of this partial CIA exemption.
In drafting the Privacy Act, Congress recognized that "certain areas of
Federal records are of such a highly sensitive nature that they must be
exempted" (House Report 93-1416). Accordingly, Congress exempted systems
of records "specifically authorized under criteria established by an Executive
order to be kept secret in the interest of national defense or foreign policy"
[subsection (k) (1)] , and Central Intelligence Agency records [subsection
(j) (1)] from portions of the Act. Sections of the Act which do apply to this
Agency restrict the dissemination of records to those for specific enumerated
purposes, require it to maintain a listing of each disclosure of a record for
at least five years, and publish annually in the Federal Register a general
description of our systems of records concerning American citizens or
permanent resident aliens.
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The basic mission of this Agency is to assist our nation's policy-makers
by providing them the best possible intelligence on foreign developments and
threats. The system of records established in the Agency is designed to support
this mission. Our ability to provide accurate and current intelligence to the
President, the National Security Council, and to the Congress depends heavily
upon the acquisition and maintenance of productive sources and effective methods
of collection and analysis. Preservation of these sources and methods is
absolutely dependent on their secrecy. Technical collection efforts can
often be easily nullified if the target country is aware of the collection
effort. And, of course, human sources will refuse further cooperation
if they believe there is a substantial danger that their cooperation will
be revealed. I believe it was because of this essential secrecy Congress,
in the National Security Act of 1947, as amended (50 U . S . C . 403) directed
that:
"The Director of Central Intelligence shall
be responsible for protecting intelligence
sources and methods from unauthorized
disclosure."
Although some CIA information can be protected by the section (k) (1)
exemption for national defense or foreign policy information, this exemption
would not fully protect Intelligence Sources and Methods information contained
in the Agency's system of records. An intelligence document can reveal
sources and methods and warrant protection even though the substantive
information conveyed does not jeopardize the national defense or foreign
policy. An example may help explain this. A ad B, U. S. citizens, attend
a scientific conference abroad of foreign intelligence interest to the United
States. A voluntarily provides the Agency confidential information on
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the conference and includes information concerning B, or a foreign asset
reports on the conference and includes information on A and B. Disclosure
of the information on either A or B could reveal A or the foreign asset
as the source of the information. In summary, H.
In summary, H. R. 2635, by striking the Agency's exemption from
certain requirements of the Privacy Act, would jeopardize the Intelligence
Sources and Methods which are vital to the Agency's ability to fulfill its
unique mission. I must, therefore, strongly oppose the bill.
Sincerely,
W. E. Colby
Director
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