Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-009 Nonimmigrant Inspection System, 77549-77551 [E8-29843]
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Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Proposed Rules
by U.S. Customs and Border Protection
to track, control, and process all
commercial goods imported into the
United States. ACS is a sophisticated
and integrated large-scale businessoriented system which employs
multiple modules to perform discrete
aspects of its functionality: including
receiving data transmissions from a
variety of parties involved in
international commercial transactions,
and providing CBP with the capability
to track both the transport transactions
and the financial transactions associated
with the movement of merchandise
through international commerce.
Through the use of Electronic Data
Interchange (EDI), ACS facilitates
merchandise processing, significantly
cuts costs, and reduces paperwork
requirements for both Customs and the
importing community.
ACS has two principal methods for
electronic data interchange, the
Automated Broker Interface (ABI) and
the Automated Manifest System (AMS).
Under the ‘‘10 + 2’’ program, importers
who submit the Importer Security Filing
(ISF), will use either ABI or Vessel AMS
to provide their information to CBP.
ACS, upon receipt of the ISF, will
transfer the data to the Automated
Targeting System (ATS) for screening
and targeting purposes. Once screened
the ISF data will be returned with
embedded targeting links to ACS to be
maintained in accordance with the ACS
stated retention policy.
No exemption shall be asserted with
respect to information maintained in the
system as it relates to data submitted by
or on behalf of a person who travels to
visit the United States, nor shall an
exemption be asserted with respect to
the resulting determination (authorized
to travel, not authorized to travel,
pending).
This system may contain records or
information pertaining to the accounting
of disclosures made from ACS to other
law enforcement agencies (Federal,
State, local, foreign, international, or
tribal) in accordance with the published
routine uses. For the accounting of these
disclosures only, in accordance with 5
U.S.C. 552a(j)(2) and (k)(2), DHS will
claim the original exemptions for these
records or information from subsection
(c)(3), (e)(8), and (g) of the Privacy Act
of 1974, as amended, as necessary and
appropriate to protect such information.
Moreover, DHS will add this exemption
to Appendix C to 6 CFR part 5, DHS
Systems of Records Exempt from the
Privacy Act. Such exempt records or
information may be law enforcement or
national security investigation records,
law enforcement activity and encounter
records, or terrorist screening records.
VerDate Aug<31>2005
14:41 Dec 18, 2008
Jkt 217001
DHS needs these exemptions in order
to protect information relating to law
enforcement investigations from
disclosure to subjects of investigations
and others who could interfere with
investigatory and law enforcement
activities. Specifically, the exemptions
are required to: Preclude subjects of
investigations from frustrating the
investigative process; avoid disclosure
of investigative techniques; protect the
identities and physical safety of
confidential informants and of law
enforcement personnel; ensure DHS’s
and other federal agencies’ ability to
obtain information from third parties
and other sources; protect the privacy of
third parties; and safeguard sensitive
information.
Nonetheless, DHS will examine each
request on a case-by-case basis, and,
after conferring with the appropriate
component or agency, may waive
applicable exemptions in appropriate
circumstances and where it would not
appear to interfere with or adversely
affect the law enforcement or national
security investigation.
Again, DHS will not assert any
exemption with respect to information
maintained in the system that is
collected from a person and submitted
by that person’s air or vessel carrier, if
that person, or his or her agent, seeks
access or amendment of such
information.
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: Public Law 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.
2. At the end of Appendix C to Part
5, add the following new paragraph
‘‘14’’:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
14. DHS/CBP–015, Automated Commercial
System (ACS). A portion of the following
system of records is exempt from 5 U.S.C.
552a(c)(3), (e)(8), and (g) pursuant to 5 U.S.C.
552a(j)(2) and (k)(2). Further, no exemption
shall be asserted with respect to information
maintained in the system as it relates to data
submitted by or on behalf of a person who
travels to visit the United States and crosses
the border, nor shall an exemption be
asserted with respect to the resulting
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
77549
determination (approval or denial). After
conferring with the appropriate component
or agency, DHS may waive applicable
exemptions in appropriate circumstances and
where it would not appear to interfere with
or adversely affect the law enforcement
purposes of the systems from which the
information is recompiled or in which it is
contained. Exemptions from the above
particular subsections are justified, on a caseby-case basis to be determined at the time a
request is made, when information in this
system of records may impede a law
enforcement or national security
investigation:
(a) From subsection (c)(3) (Accounting for
Disclosure) because making available to a
record subject the accounting of disclosures
from records concerning him or her would
specifically reveal any investigative interest
in the individual. Revealing this information
could reasonably be expected to compromise
ongoing efforts to investigate a violation of
U.S. law, including investigations of a known
or suspected terrorist, by notifying the record
subject that he or she is under investigation.
This information could also permit the
record subject to take measures to impede the
investigation, e.g., destroy evidence,
intimidate potential witnesses, or flee the
area to avoid or impede the investigation.
(b) From subsection (e)(8) (Notice on
Individuals) because to require individual
notice of disclosure of information due to
compulsory legal process would pose an
impossible administrative burden on DHS
and other agencies and could alert the
subjects of counterterrorism or law
enforcement investigations to the fact of
those investigations when not previously
known.
(c) From subsection (g) (Civil Remedies) to
the extent that the system is exempt from
other specific subsections of the Privacy Act.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29839 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2008–0171]
Privacy Act of 1974: Implementation of
Exemptions; DHS/CBP–009
Nonimmigrant Inspection System
AGENCY: Privacy Office, Department of
Homeland Security.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Department of Homeland
Security is amending its regulations to
exempt portions of a system of records
from certain provisions of the Privacy
Act. Specifically, the Department
E:\FR\FM\19DEP1.SGM
19DEP1
77550
Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Proposed Rules
proposes to exempt portions of the
Nonimmigrant Inspection System from
one or more provisions of the Privacy
Act because of criminal, civil, and
administrative enforcement
requirements.
DATES: Written comments must be
submitted on or before January 20, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0171 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, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Laurence E. Castelli (202–325–0280),
Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and
Border Protection, Regulations and
Rulings, Office of International Trade,
Mint Annex, 1300 Pennsylvania Ave.,
NW., Washington, DC 20229. For
privacy issues please contact: Hugo
Teufel III (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
Background: The Department of
Homeland Security (DHS), elsewhere in
this edition of the Federal Register,
published a Privacy Act system of
records notice describing records in the
Nonimmigrant Inspection System
(NIIS). Pursuant to 6 U.S.C. 552(a)(1)
DHS and Customs and Border
Protection (CBP) have maintained the
Nonimmigrant Information System
(NIIS) in conformance with the terms of
the previous NIIS SORN, 68 FR 5048.
As part of its efforts to streamline and
consolidate its record systems, DHS is
updating and reissuing a DHS/CBP
system of records under the Privacy Act
(5 U.S.C. 552a) to reflect CBP’s current
and future practices regarding the
processing of foreign nationals entering
the U.S. CBP inspects all persons
applying for admission to the U.S. As
part of this inspection process, CBP
establishes the identity, nationality, and
admissibility of persons crossing the
border and may create a border crossing
record, which would be covered by
DHS/CBP–007 Border Crossing
Information System of Records Notice
(73 FR 43457 published on July 25,
2008), or additional CBP records, which
would be covered by the TECS System
of Records Notice (re-published
VerDate Aug<31>2005
14:41 Dec 18, 2008
Jkt 217001
concurrently with this notice) during
this process. Similarly, CBP has
authority to keep records of departures
from the U.S.
In addition to information collected
from the alien during the inspection
process, CBP primarily uses two
immigration forms to collect
information from nonimmigrant aliens
as they arrive in the U.S.: The I–94,
Arrival/Departure Record and, for aliens
applying for admission under the visa
waiver program, the I–94W
Nonimmigrant Visa Waiver Arrival/
Departure Form. Separately, Canadian
nationals, who travel to the U.S. as
tourists or for business, and Mexican
nationals, who possess a nonresident
alien Mexican Border Crossing Card, are
not required to complete an I–94 upon
arrival, but their information will be
maintained in this system. Additionally,
DHS/CBP has been implementing an
Electronic System for Travel
Authorization (ESTA) to permit
nationals of VWP countries to submit
their biographic and admissibility
information online in advance of their
travel to the U.S. Applicants under this
program will have access to their
accounts so that they may check the
status of their ESTA and make limited
amendments. ESTA is covered by
privacy documentation including a
SORN published on June 10, 2008, 73
FR 32720.
No exemption shall be asserted with
respect to information maintained in the
system that is collected from a person’s
travel documents or submitted by a
government computer system in support
of a proffered travel document, if that
person, or his or her agent, seeks access
or amendment of such information.
This system, however, may contain
records or information pertaining to the
accounting of disclosures made from
NIIS to other law enforcement agencies
(Federal, State, Local, Foreign,
International or Tribal) in accordance
with the published routine uses and 5
U.S.C. 552a (b)(7). For the accounting of
these disclosures only, in accordance
with 5 U.S.C. 552a (j)(2), and (k)(2), DHS
will claim the original exemptions for
these records or information from
subsection (c)(3), (e)(8), and (g) of the
Privacy Act of 1974, as amended, as
necessary and appropriate to protect
such information.
DHS needs these exemptions in order
to protect information relating to law
enforcement investigations from
disclosure to subjects of investigations
and others who could interfere with
investigatory and law enforcement
activities. Specifically, the exemptions
are required to: Preclude subjects of
investigations from frustrating the
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
investigative process; avoid disclosure
of investigative techniques; protect the
identities and physical safety of
confidential informants and of law
enforcement personnel; ensure DHS’s
and other federal agencies’ ability to
obtain information from third parties
and other sources; protect the privacy of
third parties; and safeguard sensitive
information.
Nonetheless, DHS will examine each
request on a case-by-case basis, and,
after conferring with the appropriate
component or agency, may waive
applicable exemptions in appropriate
circumstances and where it would not
appear to interfere with or adversely
affect the law enforcement purposes of
the systems from which the information
is recompiled or in which it is
contained.
Again, DHS will not assert any
exemption with respect to information
maintained in the system that is
collected from a person and submitted
by that person’s air or vessel carrier, if
that person, or his or her agent, seeks
access or amendment of such
information.
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: Public Law 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.
2. At the end of Appendix C to Part
5, add the following new paragraph
‘‘14’’:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
14. DHS/CBP–009, Nonimmigrant
Inspection System (NIIS). This system may
contain records or information pertaining to
the accounting of disclosures made from NIIS
to other law enforcement and
counterterrorism agencies (Federal, State,
Local, Foreign, International or Tribal) in
accordance with the published routine uses.
For the accounting of these disclosures only,
in accordance with 5 U.S.C. 552a (j)(2), and
(k)(2), DHS will claim the original
exemptions for these records or information
from subsection (c)(3), (e)(8), and (g) of the
Privacy Act of 1974, as amended, as
necessary and appropriate to protect such
information. Further, no exemption shall be
asserted with respect to biographical or travel
information submitted by, and collected
from, a person’s travel documents or
E:\FR\FM\19DEP1.SGM
19DEP1
Federal Register / Vol. 73, No. 245 / Friday, December 19, 2008 / Proposed Rules
submitted from a government computer
system to support or to validate those travel
documents. After conferring with the
appropriate component or agency, DHS may
waive applicable exemptions in appropriate
circumstances and where it would not appear
to interfere with or adversely affect the law
enforcement purposes of the systems from
which the information is recompiled or in
which it is contained. Exemptions from the
above particular subsections are justified, on
a case-by-case basis to be determined at the
time a request is made, when information in
this system of records is recompiled or is
created from information contained in other
systems of records subject to exemptions for
the following reasons:
(a) From subsection (c)(3) (Accounting for
Disclosure) because making available to a
record subject the accounting of disclosures
from records concerning him or her would
specifically reveal any investigative interest
in the individual. Revealing this information
could reasonably be expected to compromise
ongoing efforts to investigate a violation of
U.S. law, including investigations of a known
or suspected terrorist, by notifying the record
subject that he or she is under investigation.
This information could also permit the
record subject to take measures to impede the
investigation, e.g., destroy evidence,
intimidate potential witnesses, or flee the
area to avoid or impede the investigation.
(b) From subsection (e)(8) (Notice on
Individuals) because to require individual
notice of disclosure of information due to
compulsory legal process would pose an
impossible administrative burden on DHS
and other agencies and could alert the
subjects of counterterrorism or law
enforcement investigations to the fact of
those investigations when not previously
known.
(c) From subsection (g) (Civil Remedies) to
the extent that the system is exempt from
other specific subsections of the Privacy Act.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–29843 Filed 12–18–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of Security
6 CFR Part 5
[Docket No. DHS–2008–0177]
Privacy Act of 1974: Implementation of
Exemptions; DHS/USSS—004
Protection Information System
AGENCY: Department of Homeland
Security.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Department of Homeland
Security (DHS) is giving concurrent
notice of a revised and updated system
VerDate Aug<31>2005
14:41 Dec 18, 2008
Jkt 217001
of records pursuant to the Privacy Act
of 1974 for the United States Secret
Service Protection Information System
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.
DATES: Comments must be received on
or before January 20, 2009.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0177, 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
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions and 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, the Department of Homeland
Security (DHS) and United States Secret
Service (USSS) have relied on
preexisting Privacy Act systems of
records notices for the collection and
maintenance of records that concern
DHS/USSS protection records.
As part of its efforts to streamline and
consolidate its Privacy Act record
systems, DHS/USSS is updating and
reissuing a DHS/USSS system of records
under the Privacy Act (5 U.S.C. 552a)
for DHS/USSS Protection Information
System records. This will ensure that all
organizational parts of USSS follow the
same privacy rules for collecting and
handling records regarding the
protections of USSS protectees.
In this notice of proposed rulemaking,
DHS is now proposing to exempt
Protection Information System, in part,
from certain provisions of the Privacy
Act.
PO 00000
Frm 00016
Fmt 4702
Sfmt 4702
77551
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 Protection Information System.
Some information in Protection
Information System relates to official
DHS national security, law enforcement,
immigration, intelligence activities, and
protective services to the President of
the United States or other individuals
pursuant to Section 3056 and 3056A of
Title 18. 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; to safeguard classified
information; and to safeguard records in
connection with providing protective
services to the President of the United
States or other individuals pursuant to
E:\FR\FM\19DEP1.SGM
19DEP1
]]>Agencies
[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Proposed Rules]
[Pages 77549-77551]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29843]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2008-0171]
Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-009
Nonimmigrant Inspection System
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is amending its
regulations to exempt portions of a system of records from certain
provisions of the Privacy Act. Specifically, the Department
[[Page 77550]]
proposes to exempt portions of the Nonimmigrant Inspection System from
one or more provisions of the Privacy Act because of criminal, civil,
and administrative enforcement requirements.
DATES: Written comments must be submitted on or before January 20,
2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0171 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, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Laurence E. Castelli (202-325-0280), Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and Border Protection, Regulations and
Rulings, Office of International Trade, Mint Annex, 1300 Pennsylvania
Ave., NW., Washington, DC 20229. For privacy issues please contact:
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION: Background: The Department of Homeland
Security (DHS), elsewhere in this edition of the Federal Register,
published a Privacy Act system of records notice describing records in
the Nonimmigrant Inspection System (NIIS). Pursuant to 6 U.S.C.
552(a)(1) DHS and Customs and Border Protection (CBP) have maintained
the Nonimmigrant Information System (NIIS) in conformance with the
terms of the previous NIIS SORN, 68 FR 5048.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a DHS/CBP system of records
under the Privacy Act (5 U.S.C. 552a) to reflect CBP's current and
future practices regarding the processing of foreign nationals entering
the U.S. CBP inspects all persons applying for admission to the U.S. As
part of this inspection process, CBP establishes the identity,
nationality, and admissibility of persons crossing the border and may
create a border crossing record, which would be covered by DHS/CBP-007
Border Crossing Information System of Records Notice (73 FR 43457
published on July 25, 2008), or additional CBP records, which would be
covered by the TECS System of Records Notice (re-published concurrently
with this notice) during this process. Similarly, CBP has authority to
keep records of departures from the U.S.
In addition to information collected from the alien during the
inspection process, CBP primarily uses two immigration forms to collect
information from nonimmigrant aliens as they arrive in the U.S.: The I-
94, Arrival/Departure Record and, for aliens applying for admission
under the visa waiver program, the I-94W Nonimmigrant Visa Waiver
Arrival/Departure Form. Separately, Canadian nationals, who travel to
the U.S. as tourists or for business, and Mexican nationals, who
possess a nonresident alien Mexican Border Crossing Card, are not
required to complete an I-94 upon arrival, but their information will
be maintained in this system. Additionally, DHS/CBP has been
implementing an Electronic System for Travel Authorization (ESTA) to
permit nationals of VWP countries to submit their biographic and
admissibility information online in advance of their travel to the U.S.
Applicants under this program will have access to their accounts so
that they may check the status of their ESTA and make limited
amendments. ESTA is covered by privacy documentation including a SORN
published on June 10, 2008, 73 FR 32720.
No exemption shall be asserted with respect to information
maintained in the system that is collected from a person's travel
documents or submitted by a government computer system in support of a
proffered travel document, if that person, or his or her agent, seeks
access or amendment of such information.
This system, however, may contain records or information pertaining
to the accounting of disclosures made from NIIS to other law
enforcement agencies (Federal, State, Local, Foreign, International or
Tribal) in accordance with the published routine uses and 5 U.S.C. 552a
(b)(7). For the accounting of these disclosures only, in accordance
with 5 U.S.C. 552a (j)(2), and (k)(2), DHS will claim the original
exemptions for these records or information from subsection (c)(3),
(e)(8), and (g) of the Privacy Act of 1974, as amended, as necessary
and appropriate to protect such information.
DHS needs these exemptions in order to protect information relating
to law enforcement investigations from disclosure to subjects of
investigations and others who could interfere with investigatory and
law enforcement activities. Specifically, the exemptions are required
to: Preclude subjects of investigations from frustrating the
investigative process; avoid disclosure of investigative techniques;
protect the identities and physical safety of confidential informants
and of law enforcement personnel; ensure DHS's and other federal
agencies' ability to obtain information from third parties and other
sources; protect the privacy of third parties; and safeguard sensitive
information.
Nonetheless, DHS will examine each request on a case-by-case basis,
and, after conferring with the appropriate component or agency, may
waive applicable exemptions in appropriate circumstances and where it
would not appear to interfere with or adversely affect the law
enforcement purposes of the systems from which the information is
recompiled or in which it is contained.
Again, DHS will not assert any exemption with respect to
information maintained in the system that is collected from a person
and submitted by that person's air or vessel carrier, if that person,
or his or her agent, seeks access or amendment of such information.
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: Public Law 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.
2. At the end of Appendix C to Part 5, add the following new
paragraph ``14'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
14. DHS/CBP-009, Nonimmigrant Inspection System (NIIS). This
system may contain records or information pertaining to the
accounting of disclosures made from NIIS to other law enforcement
and counterterrorism agencies (Federal, State, Local, Foreign,
International or Tribal) in accordance with the published routine
uses. For the accounting of these disclosures only, in accordance
with 5 U.S.C. 552a (j)(2), and (k)(2), DHS will claim the original
exemptions for these records or information from subsection (c)(3),
(e)(8), and (g) of the Privacy Act of 1974, as amended, as necessary
and appropriate to protect such information. Further, no exemption
shall be asserted with respect to biographical or travel information
submitted by, and collected from, a person's travel documents or
[[Page 77551]]
submitted from a government computer system to support or to
validate those travel documents. After conferring with the
appropriate component or agency, DHS may waive applicable exemptions
in appropriate circumstances and where it would not appear to
interfere with or adversely affect the law enforcement purposes of
the systems from which the information is recompiled or in which it
is contained. Exemptions from the above particular subsections are
justified, on a case-by-case basis to be determined at the time a
request is made, when information in this system of records is
recompiled or is created from information contained in other systems
of records subject to exemptions for the following reasons:
(a) From subsection (c)(3) (Accounting for Disclosure) because
making available to a record subject the accounting of disclosures
from records concerning him or her would specifically reveal any
investigative interest in the individual. Revealing this information
could reasonably be expected to compromise ongoing efforts to
investigate a violation of U.S. law, including investigations of a
known or suspected terrorist, by notifying the record subject that
he or she is under investigation. This information could also permit
the record subject to take measures to impede the investigation,
e.g., destroy evidence, intimidate potential witnesses, or flee the
area to avoid or impede the investigation.
(b) From subsection (e)(8) (Notice on Individuals) because to
require individual notice of disclosure of information due to
compulsory legal process would pose an impossible administrative
burden on DHS and other agencies and could alert the subjects of
counterterrorism or law enforcement investigations to the fact of
those investigations when not previously known.
(c) From subsection (g) (Civil Remedies) to the extent that the
system is exempt from other specific subsections of the Privacy Act.
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29843 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P
