Privacy Act of 1974: Implementation of Exemptions, 16519-16520 [E6-4693]
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16519
Proposed Rules
Federal Register
Vol. 71, No. 63
Monday, April 3, 2006
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
United States Immigration and
Customs Enforcement
6 CFR Part 5
[DHS–2006–0012]
Privacy Act of 1974: Implementation of
Exemptions
Office of the Principal Legal
Advisor, United States Immigration and
Customs Enforcement, Department of
Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:
SUMMARY: The Department of Homeland
Security, Bureau of Immigration and
Customs Enforcement, is giving notice
of a new system of records pursuant to
the Privacy Act of 1974 for the Office of
the Principal Legal Advisor, the General
Counsel Electronic Management
System. In this proposed rulemaking,
the Department proposes to exempt
portions of this system of records from
one or more provisions of the Privacy
Act because of criminal, civil and
administrative enforcement
requirements.
Comments must be received on
or before May 3, 2006.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2006–0012, by one of the following
methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Fax: 202–514–0455.
Mail: William C. Birkett, Chief,
Knowledge Management Division,
Office of the Principal Legal Advisor,
Immigration and Customs Enforcement,
425 I Street, NW., Washington, DC
20536 Hand Delivery. Courier: William
C. Birkett, Chief, Knowledge
Management Division, Office of the
Principal Legal Advisor, Immigration
and Customs Enforcement, 425 I Street,
NW., Washington, DC 20536.
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DATES:
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16:40 Mar 31, 2006
Jkt 208001
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
William C. Birkett, Chief, Knowledge
Management Division, Office of the
Principal Legal Advisor, Immigration
and Customs Enforcement, 425 I Street,
NW., Washington, DC 20536; Maureen
Cooney, Acting Chief Privacy Officer,
Department of Homeland Security, 601
South 12th Street, Arlington, VA 22202
by telephone (571) 227–3813 or
facsimile (571) 227–4171.
SUPPLEMENTARY INFORMATION:
Background
The Privacy Act requires each agency
to publish in the Federal Register a
description of the type and character of
each system of records that the agency
maintains, and the routine uses that are
contained in each system in order to
make agency record keeping practices
transparent, to notify individuals
regarding the uses to which personally
identifiable information is put, and to
assist individuals in finding such files
within the agency. That description
appears elsewhere in today’s Federal
Register.
The Privacy Act allows government
agencies to exempt certain records from
its access and amendment and certain
other provisions. If an agency claims an
exemption, however, it must issue a
Notice of Proposed Rulemaking to make
clear to the public the reasons why a
particular exemption is claimed.
The Bureau of Immigration and
Customs Enforcement (ICE) of the
Department of Homeland Security
(DHS) is publishing a new system of
records under the Privacy Act of 1974,
5 U.S.C. 552a. This system, the General
Counsel Electronic Management System
(GEMS), will consist of information that
is created or acquired and used by
attorneys working in ICE in the
preparation and presentation of cases
for a court or adjudicative body before
which ICE or DHS is authorized or
required to appear. Attorneys for the
Department of Justice will also be able
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
to access the system if they have a need
for the information in the performance
of their official duties.
ICE attorneys work closely with
investigators throughout the process of
adjudicating immigration cases. ICE
attorneys must have access to
investigative documents and related
materials in order to inform their
decisions about how to handle
particular cases. Additionally, of course,
ICE attorneys create attorney work
product associated with immigration
proceedings. The GEMS system will
facilitate the collection and
maintenance of materials used by ICE
attorneys in immigration adjudications.
It will supplement and ultimately
replace the current attorney work
product paper files that are primarily
stored and managed in the hardcopy
alien file commonly known as the
‘‘A-file.’’
In this notice of proposed rulemaking,
DHS is proposing to exempt this system,
in part, from certain provisions of the
Privacy Act and to add that exemption
to Appendix C to Part 5, DHS Systems
of Records Exempt from the Privacy Act.
Given the nature and purpose of the
proposed system of records, a
significant portion of the records are
likely to be exempt from disclosure
under the Privacy Act pursuant to 5
U.S.C. 552a(d)(5). This record system,
however, will also derive information or
incorporate investigative materials from
Privacy Act exempt files. In order to
ensure that the exemptions applicable to
such investigative materials carry over
when those materials are incorporated
into the GEMS system, DHS is claiming
those exemptions in this notice of
proposed rulemaking. In appropriate
circumstances, where compliance
would not appear to interfere with or
adversely affect the litigation-related
purposes of this system and the overall
law enforcement process, the applicable
exemptions may be waived.
List of Subjects in 6 CFR Part 5
Privacy; Freedom of information.
For the reasons stated in the
preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal
Regulations, as follows:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for Part 5
continues to read as follows:
E:\FR\FM\03APP1.SGM
03APP1
16520
Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Proposed Rules
Authority: Pub. L. 107–296, 116 Stat. 2135,
6 U.S.C. 101 et seq.; 5 U.S.C. 301. Subpart A
also issued under 5 U.S.C. 552. Subpart B
also issued under 5 U.S.C. 552a.
2. At the end of Appendix C to Part
5, which was proposed to be added at
70 FR 14428, March 22, 2005, add the
following new paragraph ‘‘4’’:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
cchase on PROD1PC60 with PROPOSALS
*
*
*
*
*
4. The General Counsel Electronic
Management System (GEMS) consists of
records and information created or
collected by attorneys for the Bureau of
Immigration and Customs Enforcement,
which will be used in the preparation
and presentation of cases before a court
or other adjudicative body. ICE
attorneys work closely with their
investigators throughout the process of
adjudicating immigration cases. GEMS
allows ICE attorneys to store all the
materials pertaining to immigration
adjudications, including documents
related to investigations, case notes and
other hearing related information, and
briefs and memoranda of law related to
cases. Having this information in one
system should not only facilitate the
work of the ICE attorneys involved in
the particular case, but also will provide
a legal resource for other attorneys who
are adjudicating similar cases. The
system will also provide management
capabilities for tracking time and effort
expended in the preparation and
presentation of cases.
Pursuant to exemptions 5 U.S.C.
552a(j)(2) of the Privacy Act, portions of
this system are exempt from 5 U.S.C.
552a(c)(3) and (4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and
(e)(8); (f)(2) through (5); and (g).
Pursuant to 5 U.S.C. 552a (k)(1) and
(k)(2), this system is exempt from the
following provisions of the Privacy Act,
subject to the limitations set forth in
those subsections: 5 U.S.C. 552a (c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), and (f).
Exemptions from these particular
subsections are justified, on a case-bycase basis to be determined at the time
a request is made, for the following
reasons:
(a) From subsection (c)(3) (Accounting
for Disclosures) because release of the
accounting of disclosures could alert the
subject of an investigation of an actual
or potential criminal, civil, or regulatory
violation, to the existence of the
investigation, which in some cases may
be classified, and reveal investigative
interest on the part of DHS or ICE.
Disclosure of the accounting would
therefore present a serious impediment
to law enforcement efforts and/or efforts
to preserve national security. Disclosure
VerDate Aug<31>2005
16:40 Mar 31, 2006
Jkt 208001
of the accounting would also permit the
individual who is the subject of a record
to impede the investigation, tamper
with witnesses or evidence, and avoid
detection or apprehension, which
would undermine the entire
investigative process.
(b) From subsection (d) (Access to
Records) because access to the records
contained in this system of records
could inform the subject of an
investigation pertaining to an
immigration matter, which in some
cases may be classified, and
prematurely reveal investigative interest
on the part of DHS or another agency.
Access to the records could permit the
individual who is the subject of a record
to impede the investigation, tamper
with witnesses or evidence, and avoid
detection or apprehension. Amendment
of the records could interfere with
ongoing investigations and law
enforcement activities and would
impose an impossible administrative
burden by requiring investigations to be
continuously reinvestigated. In
addition, permitting access and
amendment to such information could
disclose security-sensitive information
that could be detrimental to homeland
security.
(c) From subsection (e)(1) (Relevancy
and Necessity of Information) because
in the course of investigations into
potential violations of federal
immigration law, the accuracy of
information obtained or introduced
occasionally may be unclear or the
information may not be strictly relevant
or necessary to a specific investigation.
In the interests of effective law
enforcement and for the protection of
national security, it is appropriate to
retain all information that may aid in
establishing patterns of unlawful
activity.
(d) From subsection (e)(2) (Collection
of Information from Individuals)
because requiring that information be
collected from the subject of an
investigation would alert the subject of
the nature or existence of an
investigation, which could cause
interference with the investigation, a
related inquiry or other law enforcement
activities, some of which may be
classified.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such
detailed information would impede law
enforcement in that it could
compromise the existence of a
confidential investigation or reveal the
identity of witnesses or confidential
informants.
(f) From subsections (e)(4)(G) and (H)
(Agency Requirements), (f) (Agency
Rules), and (g) (Civil Remedies) because
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
portions of this system are exempt from
the individual access provisions of
subsection (d).
(g) From subsection (e)(5) (Collection
of Information) because in the collection
of information for law enforcement
purposes it is impossible to determine
in advance what information is
accurate, relevant, timely, and complete.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with ICE’s ability to obtain,
serve, and issue subpoenas, warrants
and other law enforcement mechanisms
that may be filed under seal, and could
result in disclosure of investigative
techniques, procedures, and evidence.
(i) From subsection (g) to the extent
that the system is exempt from other
specific subsections of the Privacy Act.
Dated: March 23, 2006.
Maureen Cooney,
Acting Chief Privacy Officer.
[FR Doc. E6–4693 Filed 3–31–06; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF JUSTICE
Bureau of Prisons
28 CFR Part 540
[BOP Docket No. 1135–P]
RIN 1120-AB35
Limited Communication for Terrorist
Inmates
Bureau of Prisons, Justice.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: In this document, the Bureau
of Prisons (Bureau) proposes a new
regulation that allows for limiting the
communication opportunities of
inmates charged with, convicted of, or
detained in relation to, an offense under
Title 18 U.S.C. chapters 113B or 115; or
are charged with having engaged in,
have engaged in, are detained in relation
to, or who have an identifiable link to
terrorist-related activity. The Warden
may only impose communication
restrictions under this regulation, when
the Federal Bureau of Investigation
(FBI), or other Federal law enforcement
agency, makes a request to the Bureau
to have an individual inmate’s
communications limited, unless Bureau
of Prisons information indicates a
similar need to impose the
communication restriction. Once this
request by the FBI or other Federal law
enforcement agency is made, the
Warden of the facility where the inmate
is housed will consider whether such a
limitation is necessary to ensure the
E:\FR\FM\03APP1.SGM
03APP1
Agencies
[Federal Register Volume 71, Number 63 (Monday, April 3, 2006)]
[Proposed Rules]
[Pages 16519-16520]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-4693]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 71, No. 63 / Monday, April 3, 2006 / Proposed
Rules
[[Page 16519]]
DEPARTMENT OF HOMELAND SECURITY
United States Immigration and Customs Enforcement
6 CFR Part 5
[DHS-2006-0012]
Privacy Act of 1974: Implementation of Exemptions
AGENCY: Office of the Principal Legal Advisor, United States
Immigration and Customs Enforcement, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security, Bureau of Immigration and
Customs Enforcement, is giving notice of a new system of records
pursuant to the Privacy Act of 1974 for the Office of the Principal
Legal Advisor, the General Counsel Electronic Management System. In
this proposed rulemaking, the Department proposes to exempt portions of
this system of records from one or more provisions of the Privacy Act
because of criminal, civil and administrative enforcement requirements.
DATES: Comments must be received on or before May 3, 2006.
ADDRESSES: You may submit comments, identified by docket number DHS-
2006-0012, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: 202-514-0455.
Mail: William C. Birkett, Chief, Knowledge Management Division,
Office of the Principal Legal Advisor, Immigration and Customs
Enforcement, 425 I Street, NW., Washington, DC 20536 Hand Delivery.
Courier: William C. Birkett, Chief, Knowledge Management Division,
Office of the Principal Legal Advisor, Immigration and Customs
Enforcement, 425 I Street, NW., Washington, DC 20536.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: William C. Birkett, Chief, Knowledge
Management Division, Office of the Principal Legal Advisor, Immigration
and Customs Enforcement, 425 I Street, NW., Washington, DC 20536;
Maureen Cooney, Acting Chief Privacy Officer, Department of Homeland
Security, 601 South 12th Street, Arlington, VA 22202 by telephone (571)
227-3813 or facsimile (571) 227-4171.
SUPPLEMENTARY INFORMATION:
Background
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals in finding such files within the agency. That description
appears elsewhere in today's Federal Register.
The Privacy Act allows government agencies to exempt certain
records from its access and amendment and certain other provisions. If
an agency claims an exemption, however, it must issue a Notice of
Proposed Rulemaking to make clear to the public the reasons why a
particular exemption is claimed.
The Bureau of Immigration and Customs Enforcement (ICE) of the
Department of Homeland Security (DHS) is publishing a new system of
records under the Privacy Act of 1974, 5 U.S.C. 552a. This system, the
General Counsel Electronic Management System (GEMS), will consist of
information that is created or acquired and used by attorneys working
in ICE in the preparation and presentation of cases for a court or
adjudicative body before which ICE or DHS is authorized or required to
appear. Attorneys for the Department of Justice will also be able to
access the system if they have a need for the information in the
performance of their official duties.
ICE attorneys work closely with investigators throughout the
process of adjudicating immigration cases. ICE attorneys must have
access to investigative documents and related materials in order to
inform their decisions about how to handle particular cases.
Additionally, of course, ICE attorneys create attorney work product
associated with immigration proceedings. The GEMS system will
facilitate the collection and maintenance of materials used by ICE
attorneys in immigration adjudications. It will supplement and
ultimately replace the current attorney work product paper files that
are primarily stored and managed in the hardcopy alien file commonly
known as the ``A-file.''
In this notice of proposed rulemaking, DHS is proposing to exempt
this system, in part, from certain provisions of the Privacy Act and to
add that exemption to Appendix C to Part 5, DHS Systems of Records
Exempt from the Privacy Act. Given the nature and purpose of the
proposed system of records, a significant portion of the records are
likely to be exempt from disclosure under the Privacy Act pursuant to 5
U.S.C. 552a(d)(5). This record system, however, will also derive
information or incorporate investigative materials from Privacy Act
exempt files. In order to ensure that the exemptions applicable to such
investigative materials carry over when those materials are
incorporated into the GEMS system, DHS is claiming those exemptions in
this notice of proposed rulemaking. In appropriate circumstances, where
compliance would not appear to interfere with or adversely affect the
litigation-related purposes of this system and the overall law
enforcement process, the applicable exemptions may be waived.
List of Subjects in 6 CFR Part 5
Privacy; Freedom of information.
For the reasons stated in the preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
1. The authority citation for Part 5 continues to read as follows:
[[Page 16520]]
Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. At the end of Appendix C to Part 5, which was proposed to be
added at 70 FR 14428, March 22, 2005, add the following new paragraph
``4'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
4. The General Counsel Electronic Management System (GEMS) consists
of records and information created or collected by attorneys for the
Bureau of Immigration and Customs Enforcement, which will be used in
the preparation and presentation of cases before a court or other
adjudicative body. ICE attorneys work closely with their investigators
throughout the process of adjudicating immigration cases. GEMS allows
ICE attorneys to store all the materials pertaining to immigration
adjudications, including documents related to investigations, case
notes and other hearing related information, and briefs and memoranda
of law related to cases. Having this information in one system should
not only facilitate the work of the ICE attorneys involved in the
particular case, but also will provide a legal resource for other
attorneys who are adjudicating similar cases. The system will also
provide management capabilities for tracking time and effort expended
in the preparation and presentation of cases.
Pursuant to exemptions 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f)(2) through (5); and (g). Pursuant to 5 U.S.C. 552a (k)(1) and
(k)(2), this system is exempt from the following provisions of the
Privacy Act, subject to the limitations set forth in those subsections:
5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), and (f).
Exemptions from these particular subsections are justified, on a case-
by-case basis to be determined at the time a request is made, for the
following reasons:
(a) From subsection (c)(3) (Accounting for Disclosures) because
release of the accounting of disclosures could alert the subject of an
investigation of an actual or potential criminal, civil, or regulatory
violation, to the existence of the investigation, which in some cases
may be classified, and reveal investigative interest on the part of DHS
or ICE. Disclosure of the accounting would therefore present a serious
impediment to law enforcement efforts and/or efforts to preserve
national security. Disclosure of the accounting would also permit the
individual who is the subject of a record to impede the investigation,
tamper with witnesses or evidence, and avoid detection or apprehension,
which would undermine the entire investigative process.
(b) From subsection (d) (Access to Records) because access to the
records contained in this system of records could inform the subject of
an investigation pertaining to an immigration matter, which in some
cases may be classified, and prematurely reveal investigative interest
on the part of DHS or another agency. Access to the records could
permit the individual who is the subject of a record to impede the
investigation, tamper with witnesses or evidence, and avoid detection
or apprehension. Amendment of the records could interfere with ongoing
investigations and law enforcement activities and would impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated. In addition, permitting access and
amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
(c) From subsection (e)(1) (Relevancy and Necessity of Information)
because in the course of investigations into potential violations of
federal immigration law, the accuracy of information obtained or
introduced occasionally may be unclear or the information may not be
strictly relevant or necessary to a specific investigation. In the
interests of effective law enforcement and for the protection of
national security, it is appropriate to retain all information that may
aid in establishing patterns of unlawful activity.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from the
subject of an investigation would alert the subject of the nature or
existence of an investigation, which could cause interference with the
investigation, a related inquiry or other law enforcement activities,
some of which may be classified.
(e) From subsection (e)(3) (Notice to Subjects) because providing
such detailed information would impede law enforcement in that it could
compromise the existence of a confidential investigation or reveal the
identity of witnesses or confidential informants.
(f) From subsections (e)(4)(G) and (H) (Agency Requirements), (f)
(Agency Rules), and (g) (Civil Remedies) because portions of this
system are exempt from the individual access provisions of subsection
(d).
(g) From subsection (e)(5) (Collection of Information) because in
the collection of information for law enforcement purposes it is
impossible to determine in advance what information is accurate,
relevant, timely, and complete.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with ICE's ability to obtain, serve, and
issue subpoenas, warrants and other law enforcement mechanisms that may
be filed under seal, and could result in disclosure of investigative
techniques, procedures, and evidence.
(i) From subsection (g) to the extent that the system is exempt
from other specific subsections of the Privacy Act.
Dated: March 23, 2006.
Maureen Cooney,
Acting Chief Privacy Officer.
[FR Doc. E6-4693 Filed 3-31-06; 8:45 am]
BILLING CODE 4410-10-P