Privacy Act of 1974: Implementation of Exemptions, 26706 [E6-6810]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 71, Number 88 (Monday, May 8, 2006)]
[Proposed Rules]
[Page 26706]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-6810]


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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.

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Federal Register / Vol. 71, No. 88 / Monday, May 8, 2006 / Proposed 
Rules

[[Page 26706]]



DEPARTMENT OF HOMELAND SECURITY

6 CFR Part 5

[Docket No. DHS-2006-0018]


Privacy Act of 1974: Implementation of Exemptions

AGENCY: Privacy Office, Office of the Secretary, Department of Homeland 
Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Homeland Security has given notice of a new 
Department-wide system of records pursuant to the Privacy Act of 1974 
for Department of Homeland Security General Training Records. In this 
proposed rulemaking, the Department proposes to exempt portions of this 
system of records from one or more provisions of the Privacy Act in 
order to preserve the objectivity and fairness of testing and 
examination material.

DATES: Comments must be received on or before June 7, 2006.

ADDRESSES: You may submit comments, identified by docket number DHS-
2006-0018, by one of the following methods:
    Federal eRulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    Fax: 571-227-4171.
    Mail: Acting Chief Privacy Officer, Department of Homeland 
Security, 601 S. 12th Street, Arlington, VA 22202-4220.
    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: Maureen Cooney, Acting Chief Privacy 
Officer, Department of Homeland Security, 601 South 12th Street, 
Arlington, VA 22202-4220 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.
    Elsewhere in the Federal Register, the Department of Homeland 
Security has published a new system of records to cover all of its 
general training records. This record system will allow all component 
parts of DHS to maintain training records under one centralized system. 
The system will consist of both electronic and paper records and will 
be used by DHS and its components and offices to maintain records about 
individual training, including enrollment and participation 
information, information pertaining to class schedules, programs, and 
instructors, training trends and needs, tests and examination 
materials, and assessments of training efficacy. The data will be 
collected by employee name or other unique identifier. The collection 
and maintenance of this information will assist DHS in meeting its 
obligation to train its personnel, contractors and other individuals in 
order to ensure that the agency mission can be successfully 
accomplished.
    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.
    DHS is claiming an exemption for certain records in this new record 
system pursuant to 5 U.S.C. 552a(k)(6). Since its training records will 
include testing and examination materials, DHS is claiming an exemption 
for these records in order to preserve the objectivity and fairness of 
the testing and examination process.

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:

    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, Exemption of Record Systems 
Under the Privacy Act, add the following new paragraph ``5'':
* * * * *
    5. The Department of Homeland Security General Training Records 
system of records consists of electronic and paper records and will be 
used by DHS and its components and offices to maintain records about 
individual training, including enrollment and participation 
information, information pertaining to class schedules, programs, and 
instructors, training trends and needs, testing and examination 
materials, and assessments of training efficacy. The data will be 
collected by employee name or other unique identifier. The collection 
and maintenance of this information will assist DHS in meeting its 
obligation to train its personnel and contractors in order to ensure 
that the agency mission can be successfully accomplished.
    Pursuant to exemptions 5 U.S.C. 552a(k)(6) of the Privacy Act, 
portions of this system are exempt from 5 U.S.C. 552a(d) to the extent 
that records in this system relate to testing or examination materials 
used solely to determine individual qualifications for appointment in 
the Federal service. Access to or amendment of this information by the 
data subject would compromise the objectivity and fairness of the 
testing and examination process.

    Dated: April 28, 2006.
Maureen Cooney,
Acting Chief Privacy Officer.
[FR Doc. E6-6810 Filed 5-4-06; 8:45 am]
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