Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-006 Accident Records System of Records, 42577-42578 [E9-20151]
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Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations
from the following provisions of the Privacy
Act, subject to the limitations set forth in 5
U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I), and (f) pursuant to 5 U.S.C.
552a(k)(1), (k)(2), (k)(3), and (k)(5).
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.
(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
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13:38 Aug 21, 2009
Jkt 217001
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), and (I)
(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: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20264 Filed 8–21–09; 8:45 am]
BILLING CODE 9110–9B–P
PO 00000
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42577
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0062]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/ALL—006 Accident Records
System of Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
SUMMARY: The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
Department-wide system of records
entitled the ‘‘Department of Homeland
Security/ALL—006 Accident Records
System of Records’’ from certain
provisions of the Privacy Act.
Specifically, the Department exempts
portions of the Department of Homeland
Security/ALL—006 Accident Records
system from one or more provisions of
the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
DATES: Effective Date: This final rule is
effective August 24, 2009.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Mary Ellen Callahan
(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) published a notice of
proposed rulemaking in the Federal
Register, 73 FR 71563, November 25,
2008, proposing 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 system
of records is the DHS/ALL—006
Accident Records system. The DHS/
ALL—006 Accident Records system of
records notice was published
concurrently in the Federal Register, 73
FR 71661, November 25, 2008, and
comments were invited on both the
notice of proposed rulemaking and
system of records notice. No comments
were received.
Public Comments
DHS received no comments on the
notice of proposed rulemaking or the
system of records notice. DHS will
implement the rulemaking as proposed.
E:\FR\FM\24AUR1.SGM
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42578
Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations
List of Subjects in 6 CFR Part 5
DEPARTMENT OF HOMELAND
SECURITY
Freedom of information; Privacy.
For the reasons stated in the preamble,
DHS amends Chapter I of Title 6, Code
of Federal Regulations, as follows:
Office of the Secretary
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
[Docket No. DHS–2009–0064]
1. The authority citation for Part 5
continues to read as follows:
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/ALL—024 Facility and
Perimeter Access Control and Visitor
Management System of Records
■
■
Authority: 6 U.S.C. 101 et seq.; Public Law
107–296, 116 Stat. 2135; 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, the following new paragraph
‘‘17’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
mstockstill on DSKH9S0YB1PROD with RULES
*
*
*
*
*
17. The DHS/ALL—006 Accident Records
system of records consists of electronic and
paper records and will be used by DHS and
its components. The DHS/ALL—006
Accident Records 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; national security and intelligence
activities; and protection of the President of
the United States or other individuals
pursuant to Section 3056 and 3056A of Title
18. The DHS/ALL—006 Accident Records
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. The Secretary of
Homeland Security has exempted this system
from the following provisions of the Privacy
Act, subject to the limitations set forth in 5
U.S.C. 552a(d) pursuant to 5 U.S.C.
552a(k)(3). 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: From
subsection (d) (Access to Records) because
access to the records contained in this system
of records could inform the subject of
information related to the protection of a
President of the United States or other
individuals pursuant to Section 3056 and
3056A of Title 18. Permitting access and
amendment to such information could
disclose security-sensitive information that
could be detrimental to homeland security.
Dated: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20151 Filed 8–21–09; 8:45 am]
BILLING CODE 9110–9B–P
VerDate Nov<24>2008
13:38 Aug 21, 2009
Jkt 217001
6 CFR Part 5
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
Background
The Department of Homeland
Security (DHS) published a notice of
proposed rulemaking in the Federal
Register, 74 FR 2906, January 16, 2009,
proposing 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 system
of records is the DHS/ALL—024 Facility
and Perimeter Access Control and
Visitor Management system. The DHS/
ALL—024 Facility and Perimeter Access
Control and Visitor Management system
of records notice was published
concurrently in the Federal Register, 74
FR 3081, January 16, 2009, and
comments were invited on both the
notice of proposed rulemaking and
system of records notice. No comments
were received.
Fmt 4700
Sfmt 4700
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for Part 5
continues to read as follows:
SUPPLEMENTARY INFORMATION:
Frm 00004
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
■ For the reasons stated in the preamble,
DHS amends Chapter I of Title 6, Code
of Federal Regulations, as follows:
■
SUMMARY: The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
Department-wide system of records
entitled the ‘‘Department of Homeland
Security/ALL—024 Facility and
Perimeter Access Control and Visitor
Management System of Records’’ from
certain provisions of the Privacy Act.
Specifically, the Department exempts
portions of the Department of Homeland
Security/ALL—024 Facility and
Perimeter Access Control and Visitor
Management system from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements.
DATES: Effective Date: This final rule is
effective August 24, 2009.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Mary Ellen Callahan
(703–235–0780), Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528.
PO 00000
Public Comments
DHS received no comments on the
notice of proposed rulemaking or the
system of records notice. DHS will
implement the rulemaking as proposed.
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107–296, 116 Stat. 2135; 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, the following new paragraph
‘‘19’’:
*
*
*
*
*
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
19. The DHS/ALL—024 Facility and
Perimeter Access Control and Visitor
Management system of records consists of
electronic and paper records and will be used
by DHS and its components. The DHS/ALL—
024 Facility and Perimeter Access Control
and Visitor 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 there under; and national
security and intelligence activities. The DHS/
ALL—024 Facility and Perimeter Access
Control and Visitor 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. The Secretary of Homeland
Security has exempted this system from the
following provisions of the Privacy Act,
subject to the limitations set forth in 5 U.S.C.
552a (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f) pursuant to 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5). 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,
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
E:\FR\FM\24AUR1.SGM
24AUR1
]]>Agencies
[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Rules and Regulations]
[Pages 42577-42578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20151]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0062]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/ALL--006 Accident Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is issuing a final rule to
amend its regulations to exempt portions of a Department-wide system of
records entitled the ``Department of Homeland Security/ALL--006
Accident Records System of Records'' from certain provisions of the
Privacy Act. Specifically, the Department exempts portions of the
Department of Homeland Security/ALL--006 Accident Records system from
one or more provisions of the Privacy Act because of criminal, civil,
and administrative enforcement requirements.
DATES: Effective Date: This final rule is effective August 24, 2009.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: Mary Ellen Callahan (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) published a notice of
proposed rulemaking in the Federal Register, 73 FR 71563, November 25,
2008, proposing 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 system of records is the
DHS/ALL--006 Accident Records system. The DHS/ALL--006 Accident Records
system of records notice was published concurrently in the Federal
Register, 73 FR 71661, November 25, 2008, and comments were invited on
both the notice of proposed rulemaking and system of records notice. No
comments were received.
Public Comments
DHS received no comments on the notice of proposed rulemaking or
the system of records notice. DHS will implement the rulemaking as
proposed.
[[Page 42578]]
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
0
For the reasons stated in the preamble, DHS amends Chapter I of Title
6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
1. The authority citation for Part 5 continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Public Law 107-296, 116 Stat.
2135; 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.
0
2. Add at the end of Appendix C to Part 5, the following new paragraph
``17'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
17. The DHS/ALL--006 Accident Records system of records consists
of electronic and paper records and will be used by DHS and its
components. The DHS/ALL--006 Accident Records 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; national security and intelligence
activities; and protection of the President of the United States or
other individuals pursuant to Section 3056 and 3056A of Title 18.
The DHS/ALL--006 Accident Records 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. The Secretary of
Homeland Security has exempted this system from the following
provisions of the Privacy Act, subject to the limitations set forth
in 5 U.S.C. 552a(d) pursuant to 5 U.S.C. 552a(k)(3). 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: From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of information related to the protection of a President of
the United States or other individuals pursuant to Section 3056 and
3056A of Title 18. Permitting access and amendment to such
information could disclose security-sensitive information that could
be detrimental to homeland security.
Dated: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20151 Filed 8-21-09; 8:45 am]
BILLING CODE 9110-9B-P
