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]

Download as PDF 45084 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations PWALKER on DSK8KYBLC1PROD with RULES5 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] BILLING CODE 9111–28–P VerDate Nov<24>2008 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] BILLING CODE 9111–97–P VerDate Nov<24>2008 18:53 Aug 28, 2009 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]


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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