Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Citizenship and Immigration Services-006 Fraud Detection and National Security Data System, 45084-45085 [E9-20760]
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45084
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
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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) and (H)
(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 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20750 Filed 8–28–09; 8:45 am]
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20:43 Aug 28, 2009
Jkt 217001
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0037]
Fraud Detection and National Security
Data system of records notice was
published concurrently in the Federal
Register, 73 FR 48231, August 18, 2008,
and comments were invited on both the
notice of proposed rulemaking and the
system of records notice. No comments
were received.
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Citizenship and
Immigration Services—006 Fraud
Detection and National Security Data
System
Public Comments
Privacy Office, DHS.
ACTION: Final rule.
List of Subjects in 6 CFR Part 5
AGENCY:
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.
Citizenship and Immigration Services
system of records entitled the
‘‘Department of Homeland Security U.S.
Citizenship and Immigration Services—
006 Fraud Detection and National
Security Data System of Records’’ from
certain provisions of the Privacy Act.
Specifically, the Department exempts
portions of the Department of Homeland
Security U.S. Citizenship and
Immigration Services—006 Fraud
Detection and National Security Data
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: Donald
Hawkins (202–272–8000), Privacy
Officer, U.S. Citizenship and
Immigration Services, 111
Massachusetts Avenue, NW.,
Washington, DC 20529. 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 48155, August 18, 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/U.S. Citizenship
and Immigration Services (USCIS)—006
Fraud Detection and National Security
Data System. The DHS/USCIS—006
PO 00000
Frm 00016
Fmt 4701
Sfmt 4700
DHS received no comments on the
notice of proposed rulemaking or
system of records notice. DHS will
implement the rulemaking as proposed.
Freedom of information; Privacy.
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
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. At the end of Appendix C to Part
5, Exemption of Record Systems Under
the Privacy Act, add the following new
paragraph ‘‘32’’:
*
*
*
*
*
■
32. The DHS/USCIS—006 Fraud Detection
and National Security Data System (FDNS–
DS) system of records consists of a stand
alone database and paper files that will be
used by DHS and its components. The DHS/
USCIS—006 Fraud Detection and National
Security Data System is a case management
system used to record, track, and manage
immigration inquiries, investigative referrals,
law enforcement requests, and case
determinations involving benefit fraud,
criminal activity, public safety and national
security concerns. 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)(2). These exemptions apply only to
the extent that records in the system are
subject to exemption pursuant to 5 U.S.C.
552a (k)(2). 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
enforcement efforts and/or efforts to preserve
national security. Disclosure of the
E:\FR\FM\31AUR5.SGM
31AUR5
Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations
PWALKER on DSK8KYBLC1PROD with RULES5
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) and (e)(4)(H)
(Agency Requirements) because portions of
this system are exempt from the individual
access provisions of subsection (d) which
exempts providing access because it could
alert a subject to the nature or existence of
an investigation, and thus there could be no
procedures for that particular data.
Procedures do exist for access for those
portions of the system that are not exempted.
(e) From subsection (e)(4)(I) (Agency
Requirements) because providing such
source information would impede law
enforcement or intelligence by compromising
the nature or existence of a confidential
investigation.
(f) From subsection (f) (Agency Rules)
because portions of this system are exempt
from the access and amendment provisions
of subsection (d).
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E9–20760 Filed 8–28–09; 8:45 am]
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Jkt 217001
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0075]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security U.S. Coast Guard—028 Family
Advocacy Program System of Records
Privacy Office, DHS.
ACTION: Final rule.
AGENCY:
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: David
Roberts (202–475–3521), Privacy
Officer, United States Coast Guard. 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 77553, December 19,
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/U.S. Coast Guard
(USCG)—028 Family Advocacy Program
system. The DHS/USCG—028 Family
Advocacy Program system of records
notice was published concurrently in
the Federal Register, 73 FR 77782,
December 19, 2008. Comments were
invited on both the notice of proposed
rulemaking and the system of records
notice. No comments were received.
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:
PART 5—DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for Part 5
continues to read as follows:
DATES: Effective Date: This final rule is
effective August 31, 2009.
Frm 00017
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.
■
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.
Coast Guard system of records entitled
the ‘‘Department of Homeland Security
U.S. Coast Guard—028 Family
Advocacy Program System of Records’’
from certain provisions of the Privacy
Act. Specifically, the Department
exempts portions of the Department of
Homeland Security U.S. Coast Guard—
028 Family Advocacy Program system
from one or more provisions of the
Privacy Act because of criminal, civil,
and administrative enforcement
requirements.
PO 00000
45085
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
‘‘33’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
33. The DHS/USCG—028 Family Advocacy
Case Records system of records consists of
electronic and paper records and will be used
by DHS and its components. The DHS/
USCG—028 Family Advocacy Case Records
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 DHS/USCG—
028 Family Advocacy Case Records 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)(2). 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
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.
E:\FR\FM\31AUR5.SGM
31AUR5
Agencies
[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Pages 45084-45085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20760]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0037]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Citizenship and Immigration Services--006 Fraud
Detection and National Security Data System
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. Citizenship and Immigration Services system of records
entitled the ``Department of Homeland Security U.S. Citizenship and
Immigration Services--006 Fraud Detection and National Security Data
System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the Department of
Homeland Security U.S. Citizenship and Immigration Services--006 Fraud
Detection and National Security Data 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:
Donald Hawkins (202-272-8000), Privacy Officer, U.S. Citizenship and
Immigration Services, 111 Massachusetts Avenue, NW., Washington, DC
20529. 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 48155, August 18,
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/U.S. Citizenship and Immigration Services (USCIS)--006 Fraud
Detection and National Security Data System. The DHS/USCIS--006 Fraud
Detection and National Security Data system of records notice was
published concurrently in the Federal Register, 73 FR 48231, August 18,
2008, and comments were invited on both the notice of proposed
rulemaking and the 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:
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. At the end of Appendix C to Part 5, Exemption of Record Systems
Under the Privacy Act, add the following new paragraph ``32'':
* * * * *
32. The DHS/USCIS--006 Fraud Detection and National Security
Data System (FDNS-DS) system of records consists of a stand alone
database and paper files that will be used by DHS and its
components. The DHS/USCIS--006 Fraud Detection and National Security
Data System is a case management system used to record, track, and
manage immigration inquiries, investigative referrals, law
enforcement requests, and case determinations involving benefit
fraud, criminal activity, public safety and national security
concerns. 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)(2). These exemptions apply only to the extent that records in
the system are subject to exemption pursuant to 5 U.S.C. 552a
(k)(2). 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 enforcement efforts and/or
efforts to preserve national security. Disclosure of the
[[Page 45085]]
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) and (e)(4)(H) (Agency
Requirements) because portions of this system are exempt from the
individual access provisions of subsection (d) which exempts
providing access because it could alert a subject to the nature or
existence of an investigation, and thus there could be no procedures
for that particular data. Procedures do exist for access for those
portions of the system that are not exempted.
(e) From subsection (e)(4)(I) (Agency Requirements) because
providing such source information would impede law enforcement or
intelligence by compromising the nature or existence of a
confidential investigation.
(f) From subsection (f) (Agency Rules) because portions of this
system are exempt from the access and amendment provisions of
subsection (d).
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20760 Filed 8-28-09; 8:45 am]
BILLING CODE 9111-97-P