Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-027 The History of the Department of Homeland Security System of Records, 7979-7981 [2010-3361]
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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
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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
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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
7980
Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules
mstockstill on DSKH9S0YB1PROD with PROPOSALS
SUPPLEMENTARY INFORMATION:
Background: The Department of
Homeland Security (DHS) and its
components and offices rely on the
Privacy Act system of records notice,
DHS–2004–0004 Oral History Program:
The History of the Department of
Homeland Security System of Records
(69 FR 56781, September 22, 2004) for
the collection and maintenance of
records that concern the Department’s
history records. The system name is
being changed to DHS/ALL–027 The
History of the Department of Homeland
Security System of Records.
As part of its efforts to maintain its
Privacy Act records systems, DHS is
updating and reissuing a Departmentwide system of records under the
Privacy Act (5 U.S.C. 552a) for DHS
history records. This will ensure that all
components of DHS follow the same
privacy rules for collecting and
handling history records. The collection
and maintenance of this information
will assist DHS in managing the
Department’s history records.
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
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Jkt 220001
for the DHS/ALL–027 The History of the
Department of Homeland Security
System of Records. Some information in
this system of records relates to official
DHS national security, law enforcement,
immigration, intelligence activities, and
protective services to the President of
the United States or other individuals
pursuant to Section 3056 and 3056A of
Title 18, investigatory records related to
suitability and federal service exams
and test materials. 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 avoid disclosure of activity
techniques; 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; to safeguard classified
information; and to safeguard records in
connection with providing protective
services to the President of the United
States or other individuals pursuant to
Section 3056 and 3056A of Title 18.
Disclosure of information to the subject
of the inquiry could also permit the
subject to avoid detection or
apprehension.
It is necessary for these records to be
exempt because, if public, could
disclose training and protection
methods used to protect the President of
the United States or other individuals
pursuant to Section 3056 and 3056A of
Title 18. While these records are
maintained for historical purposes, they
must remain exempt from the Privacy
Act.
The exemptions proposed here are
standard law enforcement and national
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 for DHS/
ALL–027 The History of the Department
of Homeland Security 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:
PO 00000
Frm 00003
Fmt 4702
Sfmt 4702
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
‘‘47’’:
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
47. The DHS/ALL–027 The History of the
Department of Homeland Security System of
Records consists of electronic and paper
records and will be used by DHS and its
components. The DHS/ALL–027 The History
of the Department of Homeland Security
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;
national security and intelligence activities;
and protection of the President of the United
States or other individuals pursuant to
Section 3056 and 3056A of Title 18. The
DHS/ALL–027 The History of the Department
of Homeland Security System of Records
contain 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 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)(5), (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
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)(1), (k)(2), (k)(3),
and (k)(5). 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 that 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\23FEP1.SGM
23FEP1
mstockstill on DSKH9S0YB1PROD with PROPOSALS
Federal Register / Vol. 75, No. 35 / Tuesday, February 23, 2010 / Proposed Rules
(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 that 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 unreasonable administrative
burden by requiring investigations to be
continually 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 subsection (e)(2) (Collection of
Information from Individuals) because
requiring that information be collected from
the subject of an investigation would alert the
subject to the nature or existence of the
investigation, thereby interfering with that
investigation and related law enforcement
activities.
(e) From subsection (e)(3) (Notice to
Subjects) because providing such detailed
information could impede law enforcement
by compromising the existence of a
confidential investigation or reveal the
identity of witnesses or confidential
informants.
(f) From subsections (e)(4)(G) and (H) (I)
and (f) (Agency Requirements) because
portions of this system are exempt from the
individual access provisions of subsection (d)
and thus would not require DHS to apply
rules for records or portions of records which
are exempted from access or amendment
upon request. Access to, and amendment of,
system records that are not exempt or for
which exemption is waived may be obtained
under procedures described in the related
system of records notice (SORN) or Subpart
B of this Part.
(g) From subsection (e)(5) (Collection of
Information) because with 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 subsection (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’s ability to obtain, serve,
and issue subpoenas, warrants, and other law
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16:24 Feb 22, 2010
Jkt 220001
enforcement mechanisms that may be filed
under seal and could result in disclosure of
investigative 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.
Dated: January 21, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–3361 Filed 2–22–10; 8:45 am]
BILLING CODE 9110–9M–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Doc. No. AO–FV–08–0174; AMS–FV–08–
0085; FV08–920–3]
Kiwifruit Grown in California;
Secretary’s Decision and Referendum
Order on Proposed Amendments to
Marketing Order No. 920
AGENCY: Agricultural Marketing Service,
USDA.
ACTION: Proposed rule and referendum
order.
This decision proposes
amendments to Marketing Order No.
920 (order), which regulates the
handling of kiwifruit grown in
California, and provides growers with
the opportunity to vote in a referendum
to determine if they favor the changes.
The amendments are based on proposals
by the Kiwifruit Administrative
Committee (committee), which is
responsible for local administration of
the order. These proposed amendments
would redefine the districts into which
the production area is divided and
reallocate committee membership
among the districts, revise committee
nomination and selection procedures,
authorize the committee to conduct
research and promotion programs, and
revise committee meeting and voting
procedures. The proposals are intended
to improve the operation and
administration of the order and provide
the industry with additional tools for
the marketing of kiwifruit.
DATES: The referendum will be
conducted from March 12 through
March 26, 2010. The representative
period for the purpose of the
referendum is August 1, 2008, through
July 31, 2009.
FOR FURTHER INFORMATION CONTACT:
Laurel May or Kathleen Finn, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., Stop 0237,
SUMMARY:
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7981
Washington, DC 20250–0237;
Telephone: (202) 720–2491, Fax: (202)
720–8938, or E-mail:
Laurel.May@ams.usda.gov or
Kathy.Finn@ams.usda.gov.
Small businesses may request
information on this proceeding by
contacting Antoinette Carter, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., Stop 0237,
Washington, DC 20250–0237;
Telephone: (202) 720–2491, Fax: (202)
720–8938, E-mail:
Antoinette.Carter@ams.usda.gov.
Prior
documents in this proceeding: Notice of
Hearing issued on January 24, 2008, and
published in the November 19, 2008,
issue of the Federal Register (73 FR
69588), and a Recommended Decision
issued on November 5, 2009, and
published in the November 12, 2009,
issue of the Federal Register (74 FR
58216).
This action is governed by the
provisions of sections 556 and 557 of
title 5 of the United States Code and is
therefore excluded from the
requirements of Executive Order 12866.
SUPPLEMENTARY INFORMATION:
Preliminary Statement
The proposed amendments are based
on the record of a public hearing held
December 9, 2008, in Modesto,
California, to consider such
amendments to the order. Notice of this
hearing was published in the Federal
Register on November 19, 2008 (73 FR
69588). The hearing was held pursuant
to the provisions of the Agricultural
Marketing Agreement Act of 1937, as
amended (7 U.S.C. 601–674), hereinafter
referred to as the ‘‘Act,’’ and the
applicable rules of practice and
procedure governing the formulation of
marketing agreements and orders (7 CFR
part 900). The notice of hearing
contained four proposals submitted by
the committee.
The amendments included in this
decision would:
1. Redefine the districts into which
the production area is divided and
reallocate committee membership
positions among the districts;
2. Revise committee nomination and
selection procedures;
3. Add authority for research and
promotion programs; and
4. Revise the committee’s meeting and
voting procedures.
The Agricultural Marketing Service
(AMS) also proposed to make any such
changes to the order as may be
necessary, if any of the proposed
changes are adopted, so that all of the
order’s provisions conform to the
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]]>Agencies
[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Proposed Rules]
[Pages 7979-7981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3361]
-----------------------------------------------------------------------
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
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
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: https://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.
[[Page 7980]]
SUPPLEMENTARY INFORMATION:
Background: The Department of Homeland Security (DHS) and its
components and offices rely on the Privacy Act system of records
notice, DHS-2004-0004 Oral History Program: The History of the
Department of Homeland Security System of Records (69 FR 56781,
September 22, 2004) for the collection and maintenance of records that
concern the Department's history records. The system name is being
changed to DHS/ALL-027 The History of the Department of Homeland
Security System of Records.
As part of its efforts to maintain its Privacy Act records systems,
DHS is updating and reissuing a Department-wide system of records under
the Privacy Act (5 U.S.C. 552a) for DHS history records. This will
ensure that all components of DHS follow the same privacy rules for
collecting and handling history records. The collection and maintenance
of this information will assist DHS in managing the Department's
history records.
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 the DHS/ALL-027 The History of the Department of Homeland
Security System of Records. Some information in this system of records
relates to official DHS national security, law enforcement,
immigration, intelligence activities, and protective services to the
President of the United States or other individuals pursuant to Section
3056 and 3056A of Title 18, investigatory records related to
suitability and federal service exams and test materials. 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 avoid disclosure of
activity techniques; 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; to safeguard classified
information; and to safeguard records in connection with providing
protective services to the President of the United States or other
individuals pursuant to Section 3056 and 3056A of Title 18. Disclosure
of information to the subject of the inquiry could also permit the
subject to avoid detection or apprehension.
It is necessary for these records to be exempt because, if public,
could disclose training and protection methods used to protect the
President of the United States or other individuals pursuant to Section
3056 and 3056A of Title 18. While these records are maintained for
historical purposes, they must remain exempt from the Privacy Act.
The exemptions proposed here are standard law enforcement and
national 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 for DHS/ALL-027 The History of the
Department of Homeland Security 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 ``47'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
47. The DHS/ALL-027 The History of the Department of Homeland
Security System of Records consists of electronic and paper records
and will be used by DHS and its components. The DHS/ALL-027 The
History of the Department of Homeland Security 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; national
security and intelligence activities; and protection of the
President of the United States or other individuals pursuant to
Section 3056 and 3056A of Title 18. The DHS/ALL-027 The History of
the Department of Homeland Security System of Records contain
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 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)(5), (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 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)(1), (k)(2), (k)(3), and (k)(5). 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 that
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.
[[Page 7981]]
(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 that
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
unreasonable administrative burden by requiring investigations to be
continually 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 subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of the investigation, thereby interfering with
that investigation and related law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(f) From subsections (e)(4)(G) and (H) (I) and (f) (Agency
Requirements) because portions of this system are exempt from the
individual access provisions of subsection (d) and thus would not
require DHS to apply rules for records or portions of records which
are exempted from access or amendment upon request. Access to, and
amendment of, system records that are not exempt or for which
exemption is waived may be obtained under procedures described in
the related system of records notice (SORN) or Subpart B of this
Part.
(g) From subsection (e)(5) (Collection of Information) because
with 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 subsection (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's 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) (Civil Remedies) to the extent that the
system is exempt from other specific subsections of the Privacy Act.
Dated: January 21, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-3361 Filed 2-22-10; 8:45 am]
BILLING CODE 9110-9M-P
