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]

Download as PDF 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]


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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