Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security Transportation Security Administration-023 Workplace Violence Prevention Program System of Records, 7978-7979 [2010-3360]
Download as PDF
7978
Proposed Rules
Federal Register
Vol. 75, No. 35
Tuesday, February 23, 2010
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0137]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security Transportation Security
Administration–023 Workplace
Violence Prevention Program System
of Records
Privacy Office, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
mstockstill on DSKH9S0YB1PROD with PROPOSALS
SUMMARY: The Department of Homeland
Security is giving concurrent notice of a
newly established system of records
pursuant to the Privacy Act of 1974 for
the Department of Homeland Security
Transportation Security
Administration–023 Workplace
Violence Prevention Program System of
Records and this proposed rulemaking.
In this proposed rulemaking, the
Department proposes 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.
DATES: Comments must be received on
or before March 25, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0137, by one of the following
methods:
• Federal e-Rulemaking Portal: http:
//www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received will be posted
without change to https://
VerDate Nov<24>2008
16:24 Feb 22, 2010
Jkt 220001
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact: Peter
Pietra (tsaprivacy@dhs.gov), Director,
Privacy Policy & Compliance, TSA–036,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6036. For privacy issues please
contact: Mary Ellen Callahan (703–235–
0780), Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland
Security (DHS) Transportation Security
Administration (TSA) is establishing a
new system of records under the Privacy
Act (5 U.S.C. 552a) titled, DHS/TSA–
023 Workplace Violence Prevention
Program System of Records. The system
will cover records regarding current and
former employees and contractors of
TSA and members of the public who
have been involved in workplace
violence at TSA facilities, or while on
or because of their official duty, or who
are being or have been assisted or
counseled by the TSA Workplace
Violence Prevention Program. Records
include acts, remarks, or gestures that
communicate a threat of harm or
otherwise cause concern for the safety of
any individual at TSA facilities or while
on or because of their official duty.
These records may include identifying
information, information documenting
workplace violence, and actions taken
by the Workplace Violence Prevention
Program or TSA. The program provides
oversight and management of potential
or actual incidents of violence in the
workplace. It provides assistance to
affected individuals, guidance on
prevention and response to workplace
violence, analyzes data as needed, and
provides training.
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system.
The Privacy Act embodies fair
information principles in a statutory
framework governing the means by
which the United States Government
PO 00000
Frm 00001
Fmt 4702
Sfmt 4702
collects, maintains, uses, and
disseminates personally identifiable
information. The Privacy Act applies to
information that is maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency from which
information is retrieved by the name of
the individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual.
Individuals may request their own
records that are maintained in a system
of records in the possession or under the
control of DHS by complying with DHS
Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description of the type and character of
each system of records that the agency
maintains, and the routine uses that are
contained in each system in order to
make agency recordkeeping practices
transparent, to notify individuals
regarding the uses to which personally
identifiable information is put, and to
assist individuals in finding such files
within the agency.
The Privacy Act allows Government
agencies to exempt certain records from
the access and amendment provisions. If
an agency claims an exemption,
however, it must issue a Notice of
Proposed Rulemaking to make clear to
the public the reasons why a particular
exemption is claimed.
DHS is claiming exemptions from
certain requirements of the Privacy Act
for DHS/TSA–023 Workplace Violence
Prevention Program System of Records.
Some information in DHS/TSA–023
Workplace Violence Prevention Program
System of Records relates to official
DHS law enforcement. These
exemptions are needed to protect
information relating to DHS activities
from disclosure to subjects or others
related to these activities. Specifically,
the exemptions are required to preclude
subjects of these activities from
frustrating these processes; to protect
the identities and physical safety of
confidential informants and law
enforcement personnel; to ensure DHS’
ability to obtain information from third
parties and other sources; to protect the
privacy of third parties. Disclosure of
information to the subject of the inquiry
could also permit the subject to avoid
detection or apprehension.
The exemptions proposed here are
standard law enforcement and national
E:\FR\FM\23FEP1.SGM
23FEP1
Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules
security exemptions exercised by a large
number of federal law enforcement and
intelligence agencies. In appropriate
circumstances, where compliance
would not appear to interfere with or
adversely affect the law enforcement
purposes of this system and the overall
law enforcement process, the applicable
exemptions may be waived on a case by
case basis.
A notice of system of records titled,
DHS/TSA–023 Workplace Violence
Prevention Program System of Records
is also published in this issue of the
Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the
preamble, DHS proposes to amend
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: 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
‘‘48’’:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
mstockstill on DSKH9S0YB1PROD with PROPOSALS
*
*
*
*
*
48. The DHS/TSA–023 Workplace
Violence Prevention Program System of
Records consists of electronic and paper
records and will be used by the
Transportation Security Administration. The
DHS/TSA–023 Workplace Violence
Prevention Program System of 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/TSA–023
Workplace Violence Prevention Program
System of 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 portions of this system from the
following provisions of the Privacy Act,
subject to the limitations set forth in (c)(3);
(d); (e)(1), (e)(4)(G); (e)(4)(H); (e)(4)(I); and (f)
of the Privacy Act 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
VerDate Nov<24>2008
16:24 Feb 22, 2010
Jkt 220001
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.
(b) From subsection (d) (Access to Records)
because access to the records contained in
this system of records could inform the
subject of an investigation of an actual or
potential criminal, civil, or regulatory
violation, to the existence of the
investigation, and reveal investigative
interest on the part of DHS or another agency.
Access to the records could permit the
individual who is the subject of a record to
impede the investigation, to tamper with
witnesses or evidence, and to avoid detection
or apprehension. Amendment of the records
could interfere with ongoing investigations
and law enforcement activities and would
impose an impossible administrative burden
by requiring investigations to be
continuously reinvestigated. In addition,
permitting access and amendment to such
information could disclose security-sensitive
information that could be detrimental to
homeland security.
(c) From subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of federal law, the accuracy of
information obtained or introduced
occasionally may be unclear or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
(d) From subsections (e)(4)(G), (e)(4)(H),
and (e)(4)(I) (Agency Requirements), and (f)
(Agency Rules) because portions of this
system are exempt from the individual access
provisions of subsection (d) for the reasons
noted above, and therefore DHS is not
required to establish requirements, rules, or
procedures with respect to such access.
Providing notice to individuals with respect
to existence of records pertaining to them in
the system of records or otherwise setting up
procedures pursuant to which individuals
may access and view records pertaining to
themselves in the system would undermine
investigative efforts and reveal the identities
of witnesses, and potential witnesses, and
confidential informants.
Dated: February 1, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–3360 Filed 2–22–10; 8:45 am]
BILLING CODE 4910–62–P
PO 00000
Frm 00002
Fmt 4702
Sfmt 4702
7979
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2009–0096]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/ALL–027 The History of the
Department of Homeland Security
System of Records
Privacy Office, DHS.
Notice of proposed rulemaking.
AGENCY:
ACTION:
SUMMARY: The Department of Homeland
Security is giving concurrent notice of
an updated and reissued system of
records pursuant to the Privacy Act of
1974 for the Department of Homeland
Security/ALL–027 The History of the
Department of Homeland Security
System of Records and this proposed
rulemaking. In this proposed
rulemaking, the Department proposes 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.
DATES: Comments must be received on
or before March 25, 2010.
ADDRESSES: You may submit comments,
identified by docket number [DHS–
2009–0096], by one of the following
methods:
• Federal e-Rulemaking Portal: http:
//www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, Chief
Privacy Officer and Chief Freedom of
Information Act Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact:
Historian (202–282–8682), History
Office, Office of Policy, Department of
Homeland Security, Washington, DC
20528. For privacy issues please
contact: Mary Ellen Callahan (703–235–
0780), Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
E:\FR\FM\23FEP1.SGM
23FEP1
Agencies
[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Proposed Rules]
[Pages 7978-7979]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3360]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 /
Proposed Rules
[[Page 7978]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0137]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security Transportation Security Administration-023 Workplace
Violence Prevention Program System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is giving concurrent
notice of a newly established system of records pursuant to the Privacy
Act of 1974 for the Department of Homeland Security Transportation
Security Administration-023 Workplace Violence Prevention Program
System of Records and this proposed rulemaking. In this proposed
rulemaking, the Department proposes 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.
DATES: Comments must be received on or before March 25, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0137, by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Peter Pietra (tsaprivacy@dhs.gov), Director, Privacy Policy &
Compliance, TSA-036, Transportation Security Administration, 601 South
12th Street, Arlington, VA 20598-6036. For privacy issues please
contact: Mary Ellen Callahan (703-235-0780), Chief Privacy Officer,
Privacy Office, U.S. Department of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) Transportation Security
Administration (TSA) is establishing a new system of records under the
Privacy Act (5 U.S.C. 552a) titled, DHS/TSA-023 Workplace Violence
Prevention Program System of Records. The system will cover records
regarding current and former employees and contractors of TSA and
members of the public who have been involved in workplace violence at
TSA facilities, or while on or because of their official duty, or who
are being or have been assisted or counseled by the TSA Workplace
Violence Prevention Program. Records include acts, remarks, or gestures
that communicate a threat of harm or otherwise cause concern for the
safety of any individual at TSA facilities or while on or because of
their official duty. These records may include identifying information,
information documenting workplace violence, and actions taken by the
Workplace Violence Prevention Program or TSA. The program provides
oversight and management of potential or actual incidents of violence
in the workplace. It provides assistance to affected individuals,
guidance on prevention and response to workplace violence, analyzes
data as needed, and provides training.
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system.
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals in finding such files within the agency.
The Privacy Act allows Government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/TSA-023 Workplace Violence Prevention Program System of
Records. Some information in DHS/TSA-023 Workplace Violence Prevention
Program System of Records relates to official DHS law enforcement.
These exemptions are needed to protect information relating to DHS
activities from disclosure to subjects or others related to these
activities. Specifically, the exemptions are required to preclude
subjects of these activities from frustrating these processes; to
protect the identities and physical safety of confidential informants
and law enforcement personnel; to ensure DHS' ability to obtain
information from third parties and other sources; to protect the
privacy of third parties. Disclosure of information to the subject of
the inquiry could also permit the subject to avoid detection or
apprehension.
The exemptions proposed here are standard law enforcement and
national
[[Page 7979]]
security exemptions exercised by a large number of federal law
enforcement and intelligence agencies. In appropriate circumstances,
where compliance would not appear to interfere with or adversely affect
the law enforcement purposes of this system and the overall law
enforcement process, the applicable exemptions may be waived on a case
by case basis.
A notice of system of records titled, DHS/TSA-023 Workplace
Violence Prevention Program System of Records is also published in this
issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS proposes to amend
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: 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 ``48'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
48. The DHS/TSA-023 Workplace Violence Prevention Program System
of Records consists of electronic and paper records and will be used
by the Transportation Security Administration. The DHS/TSA-023
Workplace Violence Prevention Program System of 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/TSA-023 Workplace
Violence Prevention Program System of 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 portions of this system from the
following provisions of the Privacy Act, subject to the limitations
set forth in (c)(3); (d); (e)(1), (e)(4)(G); (e)(4)(H); (e)(4)(I);
and (f) of the Privacy Act 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.
(b) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation, to the existence of the
investigation, and reveal investigative interest on the part of DHS
or another agency. Access to the records could permit the individual
who is the subject of a record to impede the investigation, to
tamper with witnesses or evidence, and to avoid detection or
apprehension. Amendment of the records could interfere with ongoing
investigations and law enforcement activities and would impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated. In addition, permitting access and
amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
(c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of federal law, the accuracy of information obtained or
introduced occasionally may be unclear or the information may not be
strictly relevant or necessary to a specific investigation. In the
interests of effective law enforcement, it is appropriate to retain
all information that may aid in establishing patterns of unlawful
activity.
(d) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency
Requirements), and (f) (Agency Rules) because portions of this
system are exempt from the individual access provisions of
subsection (d) for the reasons noted above, and therefore DHS is not
required to establish requirements, rules, or procedures with
respect to such access. Providing notice to individuals with respect
to existence of records pertaining to them in the system of records
or otherwise setting up procedures pursuant to which individuals may
access and view records pertaining to themselves in the system would
undermine investigative efforts and reveal the identities of
witnesses, and potential witnesses, and confidential informants.
Dated: February 1, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-3360 Filed 2-22-10; 8:45 am]
BILLING CODE 4910-62-P