Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-027 The History of the Department of Homeland Security System of Records, 50845-50846 [2010-20477]
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50845
Rules and Regulations
Federal Register
Vol. 75, No. 159
Wednesday, August 18, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS–2010–0057]
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.
Final rule.
AGENCY:
ACTION:
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of
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’’ from certain
provisions of the Privacy Act.
Specifically, the Department exempts
portions of the ‘‘Department of
Homeland Security/ALL—027 The
History of the Department of Homeland
Security System of Records’’ from one or
more provisions of the Privacy Act
because of criminal, civil, and
administrative enforcement
requirements.
SUMMARY:
Effective Date: This final rule is
effective August 18, 2010.
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.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with RULES
DATES:
VerDate Mar<15>2010
15:12 Aug 17, 2010
Jkt 220001
Background
The Department of Homeland
Security (DHS) published a notice of
proposed rulemaking in the Federal
Register, (75 FR 7979, February 23,
2010) 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/ALL—027 The
History of the Department of Homeland
Security System of Records. The DHS/
ALL—027 The History of the
Department of Homeland Security
system of records notice was published
concurrently in the Federal Register,
(75 FR 8092, February 23, 2010) and
comments were invited on both the
Notice of Proposed Rulemaking (NPRM)
and System of Records Notice (SORN).
Public Comments
DHS received no comments on the
NPRM or the SORN.
After no public comments were
received, the Department will
implement the rulemaking as proposed.
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:
■
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
‘‘51’’:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
51. 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 thereunder;
national security and intelligence activities;
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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)(4)(I), (e)(5),
(e)(8), (e)(12); (f); (g)(1); and (h) 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.
(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.
E:\FR\FM\18AUR1.SGM
18AUR1
erowe on DSK5CLS3C1PROD with RULES
50846
Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations
(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), (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.
(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 (e)(12) (Computer
Matching) if the agency is a recipient agency
or a source agency in a matching program
with a non-Federal agency, with respect to
any establishment or revision of a matching
program, at least 30 days prior to conducting
such program, publish in the Federal
Register notice of such establishment or
revision.
(j) From subsection (g)(1) (Civil Remedies)
to the extent that the system is exempt from
other specific subsections of the Privacy Act.
(k) From subsection (h) (Legal Guardians)
the parent of any minor, or the legal guardian
VerDate Mar<15>2010
16:57 Aug 17, 2010
Jkt 220001
of any individual who has been declared to
be incompetent due to physical or mental
incapacity or age by a court of competent
jurisdiction, may act on behalf of the
individual.
Dated: August 3, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–20477 Filed 8–17–10; 8:45 am]
BILLING CODE 9110–9M–P
criminal, civil, and administrative
enforcement requirements. The system
of records is the DHS/ALL—001
Freedom of Information Act and Privacy
Act Records System of Records. The
DHS/ALL—001 Freedom of Information
Act and Privacy Act Records system of
records notice was published
concurrently in the Federal Register,
(74 FR 55572, October 28, 2009) and
comments were invited on both the
Notice of Proposed Rulemaking (NPRM)
and System of Records Notice (SORN).
DEPARTMENT OF HOMELAND
SECURITY
Public Comments
Office of the Secretary
DHS received four comments on the
NPRM and no comments on the SORN.
6 CFR Part 5
NPRM
[Docket No. DHS–2010–0056]
DHS received four comments on the
NPRM from two separate commenters.
Two comments received were from the
same commenter and supported the
proposed rule. The remaining two
comments were from a separate
commenter and also supported the
proposed rule.
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/ALL—001 Freedom of
Information Act and Privacy Act
Records System of Records
Privacy Office, DHS.
Final rule.
AGENCY:
ACTION:
SORN
The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of an
updated and reissued system of records
pursuant to the Privacy Act of 1974 for
the ‘‘Department of Homeland Security/
ALL—001 Freedom of Information Act
and Privacy Act Records System of
Records’’ from certain provisions of the
Privacy Act. Specifically, the
Department exempts portions of the
‘‘Department of Homeland Security/
ALL—001 Freedom of Information Act
and Privacy Act Records System of
Records’’ from one or more provisions of
the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
SUMMARY:
Effective Date: This final rule is
effective August 18, 2010.
FOR FURTHER INFORMATION CONTACT: For
general questions and privacy issues
please contact: Mary Ellen Callahan
(703–235–0780), Chief Privacy Officer
and Chief Freedom of Information Act
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
DATES:
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland
Security (DHS) published a notice of
proposed rulemaking in the Federal
Register, (74 FR 55484, October 28,
2009) proposing to exempt portions of
the system of records from one or more
provisions of the Privacy Act because of
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
No comments were received on the
SORN.
After consideration of public
comments, the Department will
implement the rulemaking as proposed.
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:
■
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. In Appendix C to Part 5, revise
paragraph ‘‘1’’ to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
1. The DHS/ALL—001 Freedom of
Information Act and Privacy Act Records
System of Records consists of electronic and
paper records and will be used by DHS and
its components. The DHS/ALL—001
Freedom of Information Act and Privacy Act
Records 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;
E:\FR\FM\18AUR1.SGM
18AUR1
]]>Agencies
[Federal Register Volume 75, Number 159 (Wednesday, August 18, 2010)]
[Rules and Regulations]
[Pages 50845-50846]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20477]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 /
Rules and Regulations
[[Page 50845]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2010-0057]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is issuing a final rule to
amend its regulations to exempt portions of 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'' from certain provisions of the Privacy
Act. Specifically, the Department exempts portions of the ``Department
of Homeland Security/ALL--027 The History of the Department of Homeland
Security System of Records'' 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 18, 2010.
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.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) published a notice of
proposed rulemaking in the Federal Register, (75 FR 7979, February 23,
2010) 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/ALL--027 The History of the Department of Homeland Security System
of Records. The DHS/ALL--027 The History of the Department of Homeland
Security system of records notice was published concurrently in the
Federal Register, (75 FR 8092, February 23, 2010) and comments were
invited on both the Notice of Proposed Rulemaking (NPRM) and System of
Records Notice (SORN).
Public Comments
DHS received no comments on the NPRM or the SORN.
After no public comments were received, the Department 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: 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.
0
2. Add at the end of Appendix C to Part 5, the following new paragraph
``51'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
51. 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 thereunder; 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)(4)(I), (e)(5), (e)(8), (e)(12); (f); (g)(1); and (h)
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.
(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.
[[Page 50846]]
(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), (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.
(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 (e)(12) (Computer Matching) if the agency is
a recipient agency or a source agency in a matching program with a
non-Federal agency, with respect to any establishment or revision of
a matching program, at least 30 days prior to conducting such
program, publish in the Federal Register notice of such
establishment or revision.
(j) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
(k) From subsection (h) (Legal Guardians) the parent of any
minor, or the legal guardian of any individual who has been declared
to be incompetent due to physical or mental incapacity or age by a
court of competent jurisdiction, may act on behalf of the
individual.
Dated: August 3, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-20477 Filed 8-17-10; 8:45 am]
BILLING CODE 9110-9M-P
