Privacy Act of 1974: Implementation of Exemptions; United States Immigration and Customs Enforcement Law Enforcement Support Center Alien Criminal Response Information Management System, 74637-74639 [E8-29058]
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Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Proposed Rules
information collected by other Federal, State,
local, tribal, foreign, or international
government agencies. Pursuant to exemption
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),
and (g). Pursuant to 5 U.S.C. 552a(k)(2) of the
Privacy Act, 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) and (4)
(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,
and reveal investigative interest on the part
of DHS as well as the recipient agency.
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, to tamper with witnesses or
evidence, and to 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 of an actual or
potential criminal, civil, or regulatory
violation, to the existence of the
investigation, and 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, to tamper with
witnesses or evidence, and to 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 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, 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 to the nature or existence of an
investigation, thereby interfering with the
related investigation and law enforcement
activities.
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16:59 Dec 08, 2008
Jkt 217001
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information would impede law enforcement
in that it could compromise investigations
by: Revealing the existence of an otherwise
confidential investigation and thereby
provide an opportunity for the subject of an
investigation to conceal evidence, alter
patterns of behavior, or take other actions
that could thwart investigative efforts; reveal
the identity of witnesses in investigations,
thereby providing an opportunity for the
subjects of the investigations or others to
harass, intimidate, or otherwise interfere
with the collection of evidence or other
information from such witnesses; or reveal
the identity of confidential informants,
which would negatively affect the
informant’s usefulness in any ongoing or
future investigations and discourage
members of the public from cooperating as
confidential informants in any future
investigations.
(f) From subsections (e)(4)(G) and (H)
(Agency Requirements), and (f) (Agency
Rules) because portions of this system are
exempt from the individual access provisions
of subsection (d) for the reasons noted above,
and therefore DHS is not required to establish
requirements, rules, or procedures with
respect to such access. Providing notice to
individuals with respect to existence of
records pertaining to them in the system of
records or otherwise setting up procedures
pursuant to which individuals may access
and view records pertaining to themselves in
the system would undermine investigative
efforts and reveal the identities of witnesses,
and potential witnesses, and confidential
informants.
(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. Compliance with (e)(5) would
preclude DHS agents from using their
investigative training and exercise of good
judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’ 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 relating to
individuals’ rights to access and amend their
records contained in the system. Therefore
DHS is not required to establish rules or
procedures pursuant to which individuals
may seek a civil remedy for the agency’s:
Refusal to amend a record; refusal to comply
with a request for access to records; failure
to maintain accurate, relevant, timely and
complete records; or failure to otherwise
comply with an individual’s right to access
or amend records.
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74637
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29053 Filed 12–8–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2008–0181]
Privacy Act of 1974: Implementation of
Exemptions; United States Immigration
and Customs Enforcement Law
Enforcement Support Center Alien
Criminal Response Information
Management System
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Department of Homeland
Security (DHS) is giving concurrent
notice of a revised and updated system
of records pursuant to the Privacy Act
of 1974 for the United States
Immigration and Customs Enforcement
(ICE) Law Enforcement Support Center
(LESC) Alien Criminal Response
Information Management System
(ACRIMe) system of records and this
proposed rulemaking. In this proposed
rulemaking, the Department proposes to
exempt portions of the system of records
from one or more provisions of the
Privacy Act because of criminal, civil,
and administrative enforcement
requirements. The exemptions for the
legacy system of records notices will
continue to be applicable until the final
rule for this SORN has been completed.
DATES: Comments must be received on
or before January 8, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0181, by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, Chief Privacy
Officer, Department of Homeland
Security, Washington DC 20528.
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
E:\FR\FM\09DEP1.SGM
09DEP1
pwalker on PROD1PC71 with PROPOSALS
74638
Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Proposed Rules
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Lyn
Rahilly, Privacy Officer (202–732–3300),
Immigration and Customs Enforcement,
500 12th Street, SW., Washington, DC
20024, e-mail: ICEPrivacy@dhs.gov. For
privacy issues, please contact: Hugo
Teufel III (703–235–0780), Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
Background: Pursuant to the savings
clause in the Homeland Security Act of
2002, Public Law 107–296, Section
1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland
Security (DHS) and its components and
offices have relied on preexisting
Privacy Act systems of records notices
for the maintenance of records
concerning the operation of the ICE
LESC. The LESC is ICE’s 24-hour
national enforcement operations facility.
Although Title 8 U.S. Code immigration
violations were the original focus of the
LESC and ACRIMe under the
Immigration and Naturalization Service
(INS), the mission of the LESC now
supports the full range of ICE’s law
enforcement operations. Specifically,
the LESC provides assistance including,
but not limited to, immigration status
information to local, State and Federal
law enforcement agencies on aliens
suspected, arrested, or convicted of
criminal activity, Customs violations,
and violations of other laws within
ICE’s jurisdiction. This notice updates
the preexisting system of records notice
for the LESC Database published by the
legacy INS, which owned the LESC
prior to the creation of DHS. The LESC
transferred to ICE with the creation of
DHS and the LESC database is now
known as the Alien Criminal Response
Information Management System
(ACRIMe).
The ACRIMe Database facilitates the
response of LESC personnel to specific
inquiries from law enforcement agencies
that seek to determine the immigration
status of an individual and whether the
individual is under investigation and/or
wanted by ICE or other law enforcement
agencies. ACRIMe also supports ICE’s
efforts to identify aliens with prior
criminal convictions that may qualify
them for removal from the U.S. as
aggravated felons. In addition, this
system of records helps to facilitate the
processing of aliens for deportation or
removal proceedings.
The ACRIMe Database also facilitates
the collection, tracking, and distribution
of information about possible violations
VerDate Aug<31>2005
16:59 Dec 08, 2008
Jkt 217001
of customs and immigration law
reported by the general public to the
toll-free DHS/ICE Tip-line. ACRIMe logs
requests for assistance from criminal
justice personnel who contact the LESC
on the full range of ICE law enforcement
missions. ACRIMe supports the entry of
both administrative (immigration) and
criminal arrest warrants into the Federal
Bureau of Investigation’s National Crime
Information Center (NCIC) system.
Finally, it also enables ICE to collect
and analyze data to evaluate the
effectiveness and quality of LESC
services and ICE’s immigration law
enforcement efforts.
Consistent with DHS’s information
sharing mission, information stored in
ACRIMe may be shared with other DHS
components, as well as appropriate
Federal, State, local, tribal, foreign, or
international government agencies. This
sharing will only take place after DHS
determines that the receiving
component or agency has a need to
know the information to carry out
national security, law enforcement,
immigration, intelligence, or other
functions consistent with the routine
uses set forth in this system of records
notice.
In this notice of proposed rulemaking,
DHS is now proposing to exempt Law
Enforcement Support Center Alien
Criminal Response Information
Management System, in part, from
certain provisions of the Privacy Act.
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
collects, maintains, uses, and
disseminates personally identifiable
information. The Privacy Act applies to
information that is maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency from which
information is retrieved by the name of
the individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual.
Individuals may request their own
records that are maintained in a system
of records in the possession or under the
control of DHS by complying with DHS
Privacy Act regulations, 6 CFR part 5.
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 recordkeeping 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.
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Sfmt 4702
The Privacy Act allows Government
agencies to exempt certain records from
the access and amendment 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 exemptions from
certain requirements of the Privacy Act
for LESC ACRIMe. Some information in
LESC ACRIMe relates to official DHS
national security, law enforcement,
immigration, and intelligence activities.
These exemptions are needed to protect
information relating to DHS activities
from disclosure to subjects or others
related to these activities. Specifically,
the exemptions are required to preclude
subjects of these activities from
frustrating these processes; to avoid
disclosure of activity techniques; to
protect the identities and physical safety
of confidential informants and law
enforcement personnel; to ensure DHS’s
ability to obtain information from third
parties and other sources; to protect the
privacy of third parties; and to safeguard
classified information. Disclosure of
information to the subject of the inquiry
could also permit the subject to avoid
detection or apprehension.
The exemptions proposed here are
standard law enforcement and national
security exemptions exercised by a large
number of Federal law enforcement and
intelligence agencies. In appropriate
circumstances, where compliance
would not appear to interfere with or
adversely affect the law enforcement
purposes of this system and the overall
law enforcement process, the applicable
exemptions may be waived on a caseby-case basis.
A notice of system of records for LESC
ACRIMe is also published in this issue
of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
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. Add at the end of Appendix C to
Part 5, Exemption of Record Systems
under the Privacy Act, the following
new paragraph ‘‘14’’:
E:\FR\FM\09DEP1.SGM
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Federal Register / Vol. 73, No. 237 / Tuesday, December 9, 2008 / Proposed Rules
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
pwalker on PROD1PC71 with PROPOSALS
*
*
*
*
*
14. The DHS, ICE LESC ACRIMe system of
records consists of electronic and paper
records and will be used by DHS and its
components. Law Enforcement Support
Center Alien Criminal Response Information
Management System is a repository of
information held by DHS in connection with
its several and varied missions and functions,
including, but not limited to: The
enforcement of civil and criminal laws;
investigations, inquiries, and proceedings
thereunder; and national security and
intelligence activities. Law Enforcement
Support Center Alien Criminal Response
Information Management System contains
information that is collected by, on behalf of,
in support of, or in cooperation with DHS
and its components and may contain
personally identifiable information collected
by other Federal, State, local, tribal, foreign,
or international government agencies.
Pursuant to exemption 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), and
(e)(5) and (e)(8); (f), and (g). Pursuant to 5
U.S.C. 552a(k)(2) of the Privacy Act, 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 caseby-case basis to be determined at the time a
request is made, for the following reasons:
(a) From subsection (c)(3) and (4)
(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,
and reveal investigative interest on the part
of DHS as well as the recipient agency.
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, to tamper with witnesses or
evidence, and to 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 of an actual or
potential criminal, civil, or regulatory
violation, to the existence of the
investigation, and 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, to tamper with
witnesses or evidence, and to 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
VerDate Aug<31>2005
16:59 Dec 08, 2008
Jkt 217001
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 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, it is
appropriate to retain all information that may
aid in identifying or 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 to the nature or existence of an
investigation, thereby interfering with the
related investigation and law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information would impede law enforcement
in that it could compromise investigations
by: Revealing the existence of an otherwise
confidential investigation and thereby
provide an opportunity for the subject of an
investigation to conceal evidence, alter
patterns of behavior, or take other actions
that could thwart investigative efforts; reveal
the identity of witnesses in investigations,
thereby providing an opportunity for the
subjects of the investigations or others to
harass, intimidate, or otherwise interfere
with the collection of evidence or other
information from such witnesses; or reveal
the identity of confidential informants,
which would negatively affect the
informant’s usefulness in any ongoing or
future investigations and discourage
members of the public from cooperating as
confidential informants in any future
investigations.
(f) From subsections (e)(4)(G), (H) (Agency
Requirements), and (f) (Agency Rules)
because portions of this system are exempt
from the individual access provisions of
subsection (d) for the reasons noted above,
and therefore DHS is not required to establish
requirements, rules, or procedures with
respect to such access. Providing notice to
individuals with respect to existence of
records pertaining to them in the system of
records or otherwise setting up procedures
pursuant to which individuals may access
and view records pertaining to themselves in
the system would undermine investigative
efforts and reveal the identities of witnesses,
and potential witnesses, and confidential
informants.
(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. Compliance with (e)(5) would
preclude DHS agents from using their
investigative training and exercise of good
judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on
Individuals) because compliance would
interfere with DHS’ ability to obtain, serve,
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
74639
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 relating to
individuals’ rights to access and amend their
records contained in the system. Therefore
DHS is not required to establish rules or
procedures pursuant to which individuals
may seek a civil remedy for the agency’s:
Refusal to amend a record; refusal to comply
with a request for access to records; failure
to maintain accurate, relevant, timely and
complete records; or failure to otherwise
comply with an individual’s right to access
or amend records.
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29058 Filed 12–8–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF ENERGY
10 CFR Part 430
[Docket No. EERE–2008–BT–TP–0010]
RIN 1904–AB76
Energy Conservation Program for
Consumer Products: Test Procedures
for Clothes Dryers and Room Air
Conditioners
AGENCY: Office of Energy Efficiency and
Renewable Energy, Department of
Energy.
ACTION: Notice of proposed rulemaking
and notice of public meeting.
SUMMARY: In order to implement recent
amendments to the Energy Policy and
Conservation Act (EPCA), the U.S.
Department of Energy (DOE) proposes to
amend its test procedures for residential
clothes dryers and room air conditioners
to provide for measurement of standby
mode and off mode power use by these
products. The amendments would
incorporate into the DOE test
procedures relevant provisions from the
International Electrotechnical
Commission’s (IEC) Standard 62301,
‘‘Household electrical appliances—
Measurement of standby power’’ (First
Edition 2005–06), as well as language to
clarify application of these provisions
specifically for measuring standby mode
and off mode power consumption in
clothes dryers and room air
conditioners. DOE will hold a public
meeting to discuss and receive
comments on the issues presented in
this notice.
DATES: DOE will accept comments, data,
and information regarding the notice of
E:\FR\FM\09DEP1.SGM
09DEP1
]]>Agencies
[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Proposed Rules]
[Pages 74637-74639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29058]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2008-0181]
Privacy Act of 1974: Implementation of Exemptions; United States
Immigration and Customs Enforcement Law Enforcement Support Center
Alien Criminal Response Information Management System
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is giving concurrent
notice of a revised and updated system of records pursuant to the
Privacy Act of 1974 for the United States Immigration and Customs
Enforcement (ICE) Law Enforcement Support Center (LESC) Alien Criminal
Response Information Management System (ACRIMe) system of records and
this proposed rulemaking. In this proposed rulemaking, the Department
proposes to exempt portions of the system of records from one or more
provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements. The exemptions for the legacy
system of records notices will continue to be applicable until the
final rule for this SORN has been completed.
DATES: Comments must be received on or before January 8, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0181, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Department
of Homeland Security, Washington DC 20528.
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
[[Page 74638]]
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Lyn Rahilly, Privacy Officer (202-732-3300), Immigration and Customs
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail:
ICEPrivacy@dhs.gov. For privacy issues, please contact: Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background: Pursuant to the savings clause in the Homeland Security
Act of 2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November
25, 2002), the Department of Homeland Security (DHS) and its components
and offices have relied on preexisting Privacy Act systems of records
notices for the maintenance of records concerning the operation of the
ICE LESC. The LESC is ICE's 24-hour national enforcement operations
facility. Although Title 8 U.S. Code immigration violations were the
original focus of the LESC and ACRIMe under the Immigration and
Naturalization Service (INS), the mission of the LESC now supports the
full range of ICE's law enforcement operations. Specifically, the LESC
provides assistance including, but not limited to, immigration status
information to local, State and Federal law enforcement agencies on
aliens suspected, arrested, or convicted of criminal activity, Customs
violations, and violations of other laws within ICE's jurisdiction.
This notice updates the preexisting system of records notice for the
LESC Database published by the legacy INS, which owned the LESC prior
to the creation of DHS. The LESC transferred to ICE with the creation
of DHS and the LESC database is now known as the Alien Criminal
Response Information Management System (ACRIMe).
The ACRIMe Database facilitates the response of LESC personnel to
specific inquiries from law enforcement agencies that seek to determine
the immigration status of an individual and whether the individual is
under investigation and/or wanted by ICE or other law enforcement
agencies. ACRIMe also supports ICE's efforts to identify aliens with
prior criminal convictions that may qualify them for removal from the
U.S. as aggravated felons. In addition, this system of records helps to
facilitate the processing of aliens for deportation or removal
proceedings.
The ACRIMe Database also facilitates the collection, tracking, and
distribution of information about possible violations of customs and
immigration law reported by the general public to the toll-free DHS/ICE
Tip-line. ACRIMe logs requests for assistance from criminal justice
personnel who contact the LESC on the full range of ICE law enforcement
missions. ACRIMe supports the entry of both administrative
(immigration) and criminal arrest warrants into the Federal Bureau of
Investigation's National Crime Information Center (NCIC) system.
Finally, it also enables ICE to collect and analyze data to evaluate
the effectiveness and quality of LESC services and ICE's immigration
law enforcement efforts.
Consistent with DHS's information sharing mission, information
stored in ACRIMe may be shared with other DHS components, as well as
appropriate Federal, State, local, tribal, foreign, or international
government agencies. This sharing will only take place after DHS
determines that the receiving component or agency has a need to know
the information to carry out national security, law enforcement,
immigration, intelligence, or other functions consistent with the
routine uses set forth in this system of records notice.
In this notice of proposed rulemaking, DHS is now proposing to
exempt Law Enforcement Support Center Alien Criminal Response
Information Management System, in part, from certain provisions of the
Privacy Act.
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
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 recordkeeping
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.
The Privacy Act allows Government agencies to exempt certain
records from the access and amendment 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 exemptions from certain requirements of the Privacy
Act for LESC ACRIMe. Some information in LESC ACRIMe relates to
official DHS national security, law enforcement, immigration, and
intelligence activities. These exemptions are needed to protect
information relating to DHS activities from disclosure to subjects or
others related to these activities. Specifically, the exemptions are
required to preclude subjects of these activities from frustrating
these processes; to avoid disclosure of activity techniques; to protect
the identities and physical safety of confidential informants and law
enforcement personnel; to ensure DHS's ability to obtain information
from third parties and other sources; to protect the privacy of third
parties; and to safeguard classified information. Disclosure of
information to the subject of the inquiry could also permit the subject
to avoid detection or apprehension.
The exemptions proposed here are standard law enforcement and
national security exemptions exercised by a large number of Federal law
enforcement and intelligence agencies. In appropriate circumstances,
where compliance would not appear to interfere with or adversely affect
the law enforcement purposes of this system and the overall law
enforcement process, the applicable exemptions may be waived on a case-
by-case basis.
A notice of system of records for LESC ACRIMe is also published in
this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
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. Add at the end of Appendix C to Part 5, Exemption of Record
Systems under the Privacy Act, the following new paragraph ``14'':
[[Page 74639]]
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
14. The DHS, ICE LESC ACRIMe system of records consists of
electronic and paper records and will be used by DHS and its
components. Law Enforcement Support Center Alien Criminal Response
Information Management System is a repository of information held by
DHS in connection with its several and varied missions and
functions, including, but not limited to: The enforcement of civil
and criminal laws; investigations, inquiries, and proceedings
thereunder; and national security and intelligence activities. Law
Enforcement Support Center Alien Criminal Response Information
Management System contains information that is collected by, on
behalf of, in support of, or in cooperation with DHS and its
components and may contain personally identifiable information
collected by other Federal, State, local, tribal, foreign, or
international government agencies. Pursuant to exemption 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), and (e)(5) and (e)(8); (f), and (g). Pursuant
to 5 U.S.C. 552a(k)(2) of the Privacy Act, 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) and (4) (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, and reveal investigative interest on the part of DHS
as well as the recipient agency. 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, to tamper with witnesses or
evidence, and to 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 of an actual or potential criminal,
civil, or regulatory violation, to the existence of the
investigation, and 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, to
tamper with witnesses or evidence, and to 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 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, it is appropriate to retain
all information that may aid in identifying or 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 to the
nature or existence of an investigation, thereby interfering with
the related investigation and law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information would impede law enforcement in
that it could compromise investigations by: Revealing the existence
of an otherwise confidential investigation and thereby provide an
opportunity for the subject of an investigation to conceal evidence,
alter patterns of behavior, or take other actions that could thwart
investigative efforts; reveal the identity of witnesses in
investigations, thereby providing an opportunity for the subjects of
the investigations or others to harass, intimidate, or otherwise
interfere with the collection of evidence or other information from
such witnesses; or reveal the identity of confidential informants,
which would negatively affect the informant's usefulness in any
ongoing or future investigations and discourage members of the
public from cooperating as confidential informants in any future
investigations.
(f) From subsections (e)(4)(G), (H) (Agency Requirements), and
(f) (Agency Rules) because portions of this system are exempt from
the individual access provisions of subsection (d) for the reasons
noted above, and therefore DHS is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to individuals with respect to existence of records
pertaining to them in the system of records or otherwise setting up
procedures pursuant to which individuals may access and view records
pertaining to themselves in the system would undermine investigative
efforts and reveal the identities of witnesses, and potential
witnesses, and confidential informants.
(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. Compliance with (e)(5) would
preclude DHS agents from using their investigative training and
exercise of good judgment to both conduct and report on
investigations.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS' 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 relating to
individuals' rights to access and amend their records contained in
the system. Therefore DHS is not required to establish rules or
procedures pursuant to which individuals may seek a civil remedy for
the agency's: Refusal to amend a record; refusal to comply with a
request for access to records; failure to maintain accurate,
relevant, timely and complete records; or failure to otherwise
comply with an individual's right to access or amend records.
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29058 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
