Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Secret Service-001 Criminal Investigation Information System of Records, 45087-45088 [E9-20757]
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PWALKER on DSK8KYBLC1PROD with RULES5
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
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
national 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 or subject of
interest would alert the subject to the nature
or existence of an investigation, thereby
interfering with the related investigation and
law enforcement activities or national
security matter.
(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.
VerDate Nov<24>2008
18:53 Aug 28, 2009
Jkt 217001
(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.
45087
SUMMARY: The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
Department of Homeland Security U.S.
Secret Service system of records entitled
the ‘‘Department of Homeland Security
U.S. Secret Service—001 Criminal
Investigation Information System of
Records’’ from certain provisions of the
Privacy Act. Specifically, the
Department exempts portions of the
Department of Homeland Security U.S.
Secret Service—001 Criminal
Investigation Information 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 31, 2009.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Latita
Payne (202–406–6370), Privacy Point of
Contact, United States Secret Service,
Washington, DC 20223. For privacy
issues contact: Mary Ellen Callahan
(703–235–0780), Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
Background
Office of the Secretary
The Department of Homeland
Security (DHS) published a notice of
proposed rulemaking in the Federal
Register, 73 FR 77544, December 19,
2008, proposing to exempt portions of
the system of records from one or more
provisions of the Privacy Act because of
the U.S. Secret Service (Secret Service)
protective functions and its criminal,
civil, and administrative enforcement
responsibilities. The system of records
is the DHS/Secret Service—001
Criminal Investigation Information
system. The DHS/Secret Service—001
Criminal Investigation Information
system of records notice was published
concurrently in the Federal Register, 73
FR 77729, December 19, 2008, and
comments were invited on both the
notice of proposed rulemaking and
system of records notice. No comments
were received.
6 CFR Part 5
Public Comments
[Docket No. DHS–2009–0046]
DHS received no comments on the
notice of proposed rulemaking or
system of records notice. DHS will
implement the rulemaking as proposed.
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20758 Filed 8–28–09; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Secret Service—001
Criminal Investigation Information
System of Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
PO 00000
Frm 00019
Fmt 4701
Sfmt 4700
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:
■
E:\FR\FM\31AUR5.SGM
31AUR5
45088
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
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.
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 ‘‘35’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
PWALKER on DSK8KYBLC1PROD with RULES5
*
*
*
*
*
35. The DHS/Secret Service—001 Criminal
Investigation Information system of records
consists of electronic and paper records and
will be used by DHS and its components. The
DHS/Secret Service—001 Criminal
Investigation Information 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; the protection of
the President of the United States or other
individuals and locations pursuant to Section
3056 and 3056A of Title 18. The DHS/Secret
Service—001 Criminal Investigation
Information 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,
international government agencies, as well as
private corporate, education and other
entities. 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)
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 the
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,
or protective inquiry, 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 the Secret Service’s protective mission.
Disclosure of the accounting would also
permit the individual who is the subject of
a record to impede the investigation, or
inquiry, to tamper with witnesses or
VerDate Nov<24>2008
18:53 Aug 28, 2009
Jkt 217001
evidence, and to avoid detection or
apprehension, which would undermine the
entire investigative or inquiry 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, or protective inquiry to the
existence of the investigation or inquiry, 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 or inquiry, to tamper with
witnesses or evidence, and to avoid detection
or apprehension. Amendment of the records
could interfere with ongoing investigations
and law enforcement or protective activities
and/or could disclose security-sensitive
information that could be detrimental to
homeland security or the protective mission
of the Secret Service.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of Federal law or protective
inquiries, 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 or protective inquiry. In the
interests of effective law enforcement, and/or
the protective mission of the Secret Service,
it is appropriate to retain all information that
may aid in establishing patterns of unlawful
activity, or a threat to an individual, location
or event protected or secured by the Secret
Service.
(d) From subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation or protective
inquiry would alert the subject to the nature
or existence of an investigation or inquiry,
thereby interfering with the related
investigation or inquiry and law enforcement
or protective activities.
(e) From subsection (e)(3) (Notice to
Individuals Providing Information) because
providing such detailed information would
impede law enforcement or protective
activities in that it could compromise
investigations or inquires by: Revealing the
existence of an otherwise confidential
investigation or inquiry and thereby provide
an opportunity for the subject of an
investigation or inquiry to conceal evidence,
alter patterns of behavior, or take other
actions that could thwart investigative or
protective efforts; reveal the identity of
witnesses in investigations or inquiries,
thereby providing an opportunity for the
subjects of the investigations or inquiries 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 or protective activities
and discourage members of the public from
cooperating as confidential informants in any
future investigations or protective activities.
(f) From subsections (e)(4)(G), (H), and (I)
(Agency Requirements), and (f) (Agency
PO 00000
Frm 00020
Fmt 4701
Sfmt 4700
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 the 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 or
protective efforts and reveal the identities of
witnesses, and potential witnesses, and
confidential informants.
(g) From subsection (e)(5) (Maintenance of
Information Used in Making any
Determination) because in the collection of
information for law enforcement and
protective purposes it is impossible to
determine in advance what information is
accurate, relevant, timely, and complete.
Compliance with (e)(5) would preclude
Secret Service DHS agents from using their
investigative and protective training and
exercising good judgment to both conduct
and report on investigations or other
protective activities.
(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, or/and could result in disclosure
of investigative or protective techniques,
procedures, and evidence.
(i) From subsection (g) (Civil Remedies) 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 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20757 Filed 8–28–09; 8:45 am]
BILLING CODE 4810–42–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0047]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Secret Service—003 NonCriminal Investigation Information
System of Records
AGENCY:
E:\FR\FM\31AUR5.SGM
Privacy Office, DHS.
31AUR5
]]>Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Pages 45087-45088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20757]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0046]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Secret Service--001 Criminal Investigation
Information 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 of Homeland
Security U.S. Secret Service system of records entitled the
``Department of Homeland Security U.S. Secret Service--001 Criminal
Investigation Information System of Records'' from certain provisions
of the Privacy Act. Specifically, the Department exempts portions of
the Department of Homeland Security U.S. Secret Service--001 Criminal
Investigation Information 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 31, 2009.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Latita Payne (202-406-6370), Privacy Point of Contact, United States
Secret Service, Washington, DC 20223. For privacy issues 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 77544, December 19,
2008, proposing to exempt portions of the system of records from one or
more provisions of the Privacy Act because of the U.S. Secret Service
(Secret Service) protective functions and its criminal, civil, and
administrative enforcement responsibilities. The system of records is
the DHS/Secret Service--001 Criminal Investigation Information system.
The DHS/Secret Service--001 Criminal Investigation Information system
of records notice was published concurrently in the Federal Register,
73 FR 77729, December 19, 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
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:
[[Page 45088]]
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
0
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.
0
2. Add at the end of Appendix C to Part 5, Exemption of Record Systems
under the Privacy Act, the following new paragraph ``35'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
35. The DHS/Secret Service--001 Criminal Investigation
Information system of records consists of electronic and paper
records and will be used by DHS and its components. The DHS/Secret
Service--001 Criminal Investigation Information 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; the protection of the
President of the United States or other individuals and locations
pursuant to Section 3056 and 3056A of Title 18. The DHS/Secret
Service--001 Criminal Investigation Information 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, international government agencies, as well as
private corporate, education and other entities. 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) 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 the 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, or protective inquiry, 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 the Secret Service's
protective mission. Disclosure of the accounting would also permit
the individual who is the subject of a record to impede the
investigation, or inquiry, to tamper with witnesses or evidence, and
to avoid detection or apprehension, which would undermine the entire
investigative or inquiry 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, or protective inquiry to the
existence of the investigation or inquiry, 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 or inquiry, to tamper with witnesses or evidence,
and to avoid detection or apprehension. Amendment of the records
could interfere with ongoing investigations and law enforcement or
protective activities and/or could disclose security-sensitive
information that could be detrimental to homeland security or the
protective mission of the Secret Service.
(c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of Federal law or protective inquiries, 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 or protective inquiry. In the interests of
effective law enforcement, and/or the protective mission of the
Secret Service, it is appropriate to retain all information that may
aid in establishing patterns of unlawful activity, or a threat to an
individual, location or event protected or secured by the Secret
Service.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation or protective inquiry would alert
the subject to the nature or existence of an investigation or
inquiry, thereby interfering with the related investigation or
inquiry and law enforcement or protective activities.
(e) From subsection (e)(3) (Notice to Individuals Providing
Information) because providing such detailed information would
impede law enforcement or protective activities in that it could
compromise investigations or inquires by: Revealing the existence of
an otherwise confidential investigation or inquiry and thereby
provide an opportunity for the subject of an investigation or
inquiry to conceal evidence, alter patterns of behavior, or take
other actions that could thwart investigative or protective efforts;
reveal the identity of witnesses in investigations or inquiries,
thereby providing an opportunity for the subjects of the
investigations or inquiries 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 or
protective activities and discourage members of the public from
cooperating as confidential informants in any future investigations
or protective activities.
(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 the 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 or protective efforts and
reveal the identities of witnesses, and potential witnesses, and
confidential informants.
(g) From subsection (e)(5) (Maintenance of Information Used in
Making any Determination) because in the collection of information
for law enforcement and protective purposes it is impossible to
determine in advance what information is accurate, relevant, timely,
and complete. Compliance with (e)(5) would preclude Secret Service
DHS agents from using their investigative and protective training
and exercising good judgment to both conduct and report on
investigations or other protective activities.
(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, or/and could result in disclosure of
investigative or protective techniques, procedures, and evidence.
(i) From subsection (g) (Civil Remedies) 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 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20757 Filed 8-28-09; 8:45 am]
BILLING CODE 4810-42-P
