Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-024 Facility and Perimeter Access Control and Visitor Management System of Records, 42578-42579 [E9-20155]

Download as PDF 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 Federal Register / Vol. 74, No. 162 / Monday, August 24, 2009 / Rules and Regulations mstockstill on DSKH9S0YB1PROD with RULES 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 subsections (e)(4)(G), (e)(4)(H), and (e)(4)(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. Dated: August 12, 2009. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security. [FR Doc. E9–20155 Filed 8–21–09; 8:45 am] BILLING CODE P VerDate Nov<24>2008 6 CFR Part 5 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: [Docket No. DHS–2009–0063] PART 5—DISCLOSURE OF RECORDS AND INFORMATION DEPARTMENT OF HOMELAND SECURITY Office of the Secretary Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL—013 Claims Records System of Records Privacy Office, DHS. Final rule. AGENCY: ACTION: Jkt 217001 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 63908, October 28, 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—013 Claims Records system. The DHS/ALL—013 Claims Records system of records notice was published concurrently in the Federal Register, 73 FR 63987, October 28, 2008, and comments were invited on both the notice of proposed rulemaking and system of records notice. No comments were received. Public Comments PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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. 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 15: ■ 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—013 Claims Records System of Records’’ from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the Department of Homeland Security/ALL—013 Claims Records system from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements. SUMMARY: DHS received no comments on the notice of proposed rulemaking or system of records notice. DHS will implement the rulemaking as proposed. 13:38 Aug 21, 2009 42579 Appendix C to Part 5—DHS Systems of Records Exempt From the Privacy Act * * * * * 15. The DHS/ALL—013 Claims Records system of records consists of electronic and paper records and will be used by DHS and its components. The DHS/ALL—013 Claims 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 there under; and national security, 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—013 Claims 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 limitations set forth in 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5) and (e)(8); (f), and (g) pursuant to 5 U.S.C. 552a(j)(2). Additionally, the Secretary of Homeland Security has exempted this system from the following provisions of the Privacy Act, subject to limitations set forth in 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (I), and (f) pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (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: (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 E:\FR\FM\24AUR1.SGM 24AUR1

Agencies

[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Rules and Regulations]
[Pages 42578-42579]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20155]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2009-0064]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/ALL--024 Facility and Perimeter Access Control and 
Visitor Management 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--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.

SUPPLEMENTARY INFORMATION:

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.

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.

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.; 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.


0
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

[[Page 42579]]

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 subsections (e)(4)(G), (e)(4)(H), and (e)(4)(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.

    Dated: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20155 Filed 8-21-09; 8:45 am]
BILLING CODE P
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