Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/ALL-030 Use of the Terrorist Screening Database System of Records, 3748-3750 [2016-01169]
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3748
Proposed Rules
Federal Register
Vol. 81, No. 14
Friday, January 22, 2016
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–2016–0001]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security/ALL–030 Use of the Terrorist
Screening Database System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:
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–030 Use of the Terrorist
Screening Database 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 February 22, 2016.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0001 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Karen L. Neuman, 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
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SUMMARY:
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Jkt 238001
comments received, go to https://
www.regulations.gov.
For
general questions or privacy issues
please contact: Karen L. Neuman, (202–
343–1717), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) is giving
notice of a proposed rule to accompany
an updated system of records notice
titled, ‘‘DHS/ALL–030 Use of the
Terrorist Screening Database (TSDB)
System of Records.’’
DHS maintains a synchronized copy
of the Department of Justice (DOJ)/
Federal Bureau of Investigation (FBI)019 Terrorist Screening Records System
of Records (August 22, 2007, 72 FR
47073) via a technological mechanism
called DHS Watchlist Service (WLS)
that disseminates the feed to authorized
DHS components. The WLS supports an
automated and centralized data
transmission of TSDB data to DHS. The
WLS replaced multiple data feeds from
the FBI/TSC to DHS and its
components, as documented by
information sharing agreements. The
WLS is a system to system secure
connection with no direct user interface.
DHS is publishing this notice of
proposed rulemaking to account for the
expansion of the current system of
records notice to clarify one category of
individuals and add two new categories
of individuals whose information is
currently included in, or is
contemplated for inclusion in, the
TSDB. These categories of information
have been included in the TSDB to in
support of the White House’s ‘‘Strategy
to Combat Transnational Organized
Crime’’ (July 19, 2011), and National
Security Presidential Directive-59/
Homeland Security Presidential
Directive-24, ‘‘Biometrics for
Identification and Screening to Enhance
National Security’’ (June 5, 2008). These
executive strategies are relevant to
DHS’s vetting and screening operations.
DHS is clarifying the category of
individuals to explicitly include
relatives, associates, or others closely
connected with a known or suspected
terrorist who are excludable from the
United States based on these
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Fmt 4702
Sfmt 4702
relationships by virtue of sec.
212(a)(3)(B) of the Immigration and
Nationality Act, as amended, and do not
otherwise satisfy the requirements for
inclusion in the TSDB.
DHS is adding two new categories of
individuals to include: (1) Individuals
who were officially detained during
military operations, but not as enemy
prisoners of war, and who have been
identified as possibly posing a threat to
national security, and who do not
otherwise satisfy the requirements for
inclusion in the TSDB (‘‘military
detainees’’), consistent with E.O. 12333
(or successor order) and the DOJ/FBI–
019; and (2) individuals who may pose
a threat to national security because
they are (a) known or suspected to be or
have been engaged in conduct
constituting, in aid of, or related to
transnational organized crime, thereby
posing a possible threat to national
security, and (b) do not otherwise satisfy
the requirements for inclusion in the
TSDB (‘‘transnational organized crime
actors’’), consistent with E.O. 12333 (or
successor order) (‘‘national security
threats’’) and in support of the White
House’s ‘‘Strategy to Combat
Transnational Organized Crime’’ (July
19, 2011), and National Security
Presidential Directive-59/Homeland
Security Presidential Directive-24,
‘‘Biometrics for Identification and
Screening to Enhance National
Security’’ (June 5, 2008).
DHS is also publishing this notice of
proposed rulemaking to account for the
expansion of the current system of
records to clarify and expand the
categories of records maintained by the
Department. These categories of records
are types of data elements included in
the TSDB and are shared with DHS and
have been deemed relevant to
supporting DHS’s vetting and screening
operations.
1. Identifying biographic information,
such as name, date of birth, place of
birth, passport or driver’s license
information, and any other available
identifying particulars used to compare
the identity of an individual being
screened with a subject in the TSDB;
2. Biometric information, such as
photographs, fingerprints, or iris images,
and associated biographic and
contextual information;
3. References to, or information from,
other government law enforcement and
intelligence databases, or other relevant
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Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Proposed Rules
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databases that may contain terrorism
and/or national security information,
such as unique identification numbers
used in other systems;
4. Information collected and compiled
to maintain an audit trail of the activity
of authorized users of WLS information
systems; and
5. System-generated information,
including metadata, archived records
and record histories from WLS.
DHS is planning future enhancements
to the WLS that will provide for a
central mechanism to receive
information from DHS components
when they encounter a potential match
to the TSDB and send this information
to the FBI/TSC. DHS will update this
SORN to reflect such enhancements to
the WLS once that capability is
implemented. All encounter-related
information sharing from DHS to the
FBI/TSC will be conducted pursuant to
the programmatic system of records
notices outlined above.
DHS previously published a Final
Rule in the Federal Register to exempt
this system of records from certain
provisions of the Privacy Act at 75 FR
55335, Dec. 29, 2011. DHS is publishing
a new notice of proposed rulemaking to
cover the exemptions that will now be
applied to these new categories of
individuals covered within this system
of records. The existing Final Rule for
Privacy Act exemptions continues to
apply until the new Final Rule is
published. This updated system will be
included in DHS’s inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which Federal Government
agencies collect, maintain, use, and
disseminate 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. In
the Privacy Act, an individual is defined
to encompass U.S. citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors.
The Privacy Act allows government
agencies to exempt certain records from
the access and amendment provisions. If
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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/ALL–030 Use of the Terrorist
Screening Database System of Records.
Some information in DHS/ALL–030 Use
of the Terrorist Screening Database
System of Records relates to official
DHS national security and law
enforcement activities. 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. Disclosure of
information to the subject of the inquiry
could also permit the subject to avoid
detection or apprehension. In
appropriate circumstances, when
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–030 Use of the Terrorist Screening
Database System of Records is also
published elsewhere 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 is
revised 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 66 to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
66. The DHS/ALL–030 Use of the Terrorist
Screening Database System of Records
consists of electronic and paper records and
will be used by DHS and its components. The
DHS/ALL–030 Use of the Terrorist Screening
Database System of Records is a repository of
information held by DHS in connection with
its several and varied missions and functions,
including, the enforcement of civil and
criminal laws; investigations, inquiries, and
proceedings there under; and national
PO 00000
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Fmt 4702
Sfmt 4702
3749
security and intelligence activities. The DHS/
ALL–030 Use of the Terrorist Screening
Database 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, pursuant to
5 U.S.C. 552a(j)(2), has exempted this system
from the following provisions of the Privacy
Act: 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), (e)(8), (f), and (g). Additionally, the
Secretary of Homeland Security, pursuant to
5 U.S.C. 552a(k)(1) and (k)(2), has exempted
this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).
When a record received from another system
has been exempted in that source system
under 5 U.S.C. 552a(j)(2), DHS will claim the
same exemptions for those records that are
claimed for the original primary systems of
records from which they originated and
claims any additional exemptions set forth
here. 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.
(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
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Federal Register / Vol. 81, No. 14 / Friday, January 22, 2016 / Proposed Rules
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 (g) (Civil Remedies) to
the extent that the system is exempt from
other specific subsections of the Privacy Act.
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*
*
*
*
*
Dated: January 12, 2016.
Karen L. Neuman
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–01169 Filed 1–21–16; 8:45 am]
BILLING CODE 9110–9B–P
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 284
[Docket No. RM96–1–040]
Standards for Business Practices of
Interstate Natural Gas Pipelines
Federal Energy Regulatory
Commission. DOE.
ACTION: Proposed rule; request for
comment on filing.
AGENCY:
Take notice that on January
11, 2016, the North American Energy
Standards Board (NAESB) filed a report
with the Commission stating it had
approved a minor correction to
Standard No. 1.3.22 (ii) of Version 3.0
of the NAESB Wholesale Gas Quadrant
standards, which were incorporated by
reference in the Commission’s
regulations by order issued by the
Commission on October 16, 2015.
Comments are invited on whether to
incorporate this minor correction by
reference in the Commission’s
regulations.
DATES: Comments are due on or before
February 10, 2016.
ADDRESSES: Comments, identified by
docket number, may be filed in the
following ways:
• Electronic Filing through https://
www.ferc.gov. Documents created
electronically using word processing
software should be filed in native
applications or print-to-PDF format and
not in a scanned format.
• Mail/Hand Delivery: Those unable
to file electronically may mail or handdeliver comments to: Federal Energy
Regulatory Commission, Secretary of the
Commission, 888 First Street NE.,
Washington, DC 20426.
FOR FURTHER INFORMATION CONTACT: Gary
D. Cohen (legal issues), Office of the
General Counsel, Federal Energy
Regulatory Commission, 888 First Street
NE., Washington, DC 20426, Telephone:
(202) 502–8321, Email: gary.cohen@
ferc.gov.
SUPPLEMENTARY INFORMATION: Comments
are requested on whether to incorporate
by reference the following NAESB
Wholesale Gas Quadrant Standard into
§ 284.12 of the Commission’s
regulations: Nominations Related
Standards (Version 3.0, November 14,
2014, with minor corrections applied
through June 29, 2015 and MC15021
effective November 25, 2015).
Office of Management and Budget
Circular A–119 (section 11) (February
10, 1998) provides that federal agencies
SUMMARY:
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should publish a request for comment in
a Notice of Proposed Rulemaking when
the agency is seeking to issue or revise
a regulation proposing to adopt a
voluntary consensus standard or a
government-unique standard. Standard
1.3.22 would be incorporated by
reference.
The Office of the Federal Register
requires agencies incorporating material
by reference in final rules to discuss, in
the preamble of the final rule, the ways
that the materials it incorporates by
reference are reasonably available to
interested parties and how interested
parties can obtain the materials.1 The
regulations also require agencies to
summarize, in the preamble of the final
rule, the material it incorporates by
reference. Standard 1.3.22 (ii)
establishes the scheduled quantity when
no response is received for a request for
confirmation. Our regulations provide
that copies of the NAESB standards
incorporated by reference may be
obtained from the North American
Energy Standards Board, 801 Travis
Street, Suite 1675, Houston, TX 77002,
Phone: (713) 356–0060. NAESB’s Web
site is at https://www.naesb.org/. Copies
may be inspected at the Federal Energy
Regulatory Commission, Public
Reference and Files Maintenance
Branch, 888 First Street NE.,
Washington, DC 20426, Phone: (202)
502–8371, https://www.ferc.gov.
The procedures used by NAESB make
its standards reasonably available to
those affected by the Commission
regulations, which is comprised of
entities that have the means to acquire
the information they need to effectively
participate in Commission proceedings.
Participants can join NAESB, for an
annual membership cost of only $7,000,
which entitles them to full participation
in NAESB and enables them to obtain
these standards at no additional cost.2
Non-members who have purchased the
standards may obtain the Minor
Correction for free, non-members who
have not purchased the standards may
obtain the Standards Manual for
standard 1.3.22 by email for $250 per
Manual.3 Nonmembers also may obtain
the complete set of Standards Manuals,
Booklets, and Contracts on CD for
$2,000. NAESB also provides a free
electronic read-only version of the
standards for a three business day
period or, in the case of a regulatory
comment period, through the end of the
1 1 CFR 51.5. See Incorporation by Reference, 79
FR 66267 (Nov. 7, 2014).
2 North American Energy Standards Board
Membership Application, https://www.naesb.org/
pdf4/naesbapp.pdf.
3 NAESB Materials Order Form, https://
www.naesb.org//pdf/ordrform.pdf.
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]]>Agencies
[Federal Register Volume 81, Number 14 (Friday, January 22, 2016)]
[Proposed Rules]
[Pages 3748-3750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-01169]
========================================================================
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. 81, No. 14 / Friday, January 22, 2016 /
Proposed Rules
[[Page 3748]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2016-0001]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/ALL-030 Use of the Terrorist Screening Database
System of Records
AGENCY: Privacy Office, Department of Homeland Security.
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-030
Use of the Terrorist Screening Database 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 February 22, 2016.
ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0001 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, 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 or privacy
issues please contact: Karen L. Neuman, (202-343-1717), Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) is giving notice of a proposed
rule to accompany an updated system of records notice titled, ``DHS/
ALL-030 Use of the Terrorist Screening Database (TSDB) System of
Records.''
DHS maintains a synchronized copy of the Department of Justice
(DOJ)/Federal Bureau of Investigation (FBI)-019 Terrorist Screening
Records System of Records (August 22, 2007, 72 FR 47073) via a
technological mechanism called DHS Watchlist Service (WLS) that
disseminates the feed to authorized DHS components. The WLS supports an
automated and centralized data transmission of TSDB data to DHS. The
WLS replaced multiple data feeds from the FBI/TSC to DHS and its
components, as documented by information sharing agreements. The WLS is
a system to system secure connection with no direct user interface.
DHS is publishing this notice of proposed rulemaking to account for
the expansion of the current system of records notice to clarify one
category of individuals and add two new categories of individuals whose
information is currently included in, or is contemplated for inclusion
in, the TSDB. These categories of information have been included in the
TSDB to in support of the White House's ``Strategy to Combat
Transnational Organized Crime'' (July 19, 2011), and National Security
Presidential Directive-59/Homeland Security Presidential Directive-24,
``Biometrics for Identification and Screening to Enhance National
Security'' (June 5, 2008). These executive strategies are relevant to
DHS's vetting and screening operations.
DHS is clarifying the category of individuals to explicitly include
relatives, associates, or others closely connected with a known or
suspected terrorist who are excludable from the United States based on
these relationships by virtue of sec. 212(a)(3)(B) of the Immigration
and Nationality Act, as amended, and do not otherwise satisfy the
requirements for inclusion in the TSDB.
DHS is adding two new categories of individuals to include: (1)
Individuals who were officially detained during military operations,
but not as enemy prisoners of war, and who have been identified as
possibly posing a threat to national security, and who do not otherwise
satisfy the requirements for inclusion in the TSDB (``military
detainees''), consistent with E.O. 12333 (or successor order) and the
DOJ/FBI-019; and (2) individuals who may pose a threat to national
security because they are (a) known or suspected to be or have been
engaged in conduct constituting, in aid of, or related to transnational
organized crime, thereby posing a possible threat to national security,
and (b) do not otherwise satisfy the requirements for inclusion in the
TSDB (``transnational organized crime actors''), consistent with E.O.
12333 (or successor order) (``national security threats'') and in
support of the White House's ``Strategy to Combat Transnational
Organized Crime'' (July 19, 2011), and National Security Presidential
Directive-59/Homeland Security Presidential Directive-24, ``Biometrics
for Identification and Screening to Enhance National Security'' (June
5, 2008).
DHS is also publishing this notice of proposed rulemaking to
account for the expansion of the current system of records to clarify
and expand the categories of records maintained by the Department.
These categories of records are types of data elements included in the
TSDB and are shared with DHS and have been deemed relevant to
supporting DHS's vetting and screening operations.
1. Identifying biographic information, such as name, date of birth,
place of birth, passport or driver's license information, and any other
available identifying particulars used to compare the identity of an
individual being screened with a subject in the TSDB;
2. Biometric information, such as photographs, fingerprints, or
iris images, and associated biographic and contextual information;
3. References to, or information from, other government law
enforcement and intelligence databases, or other relevant
[[Page 3749]]
databases that may contain terrorism and/or national security
information, such as unique identification numbers used in other
systems;
4. Information collected and compiled to maintain an audit trail of
the activity of authorized users of WLS information systems; and
5. System-generated information, including metadata, archived
records and record histories from WLS.
DHS is planning future enhancements to the WLS that will provide
for a central mechanism to receive information from DHS components when
they encounter a potential match to the TSDB and send this information
to the FBI/TSC. DHS will update this SORN to reflect such enhancements
to the WLS once that capability is implemented. All encounter-related
information sharing from DHS to the FBI/TSC will be conducted pursuant
to the programmatic system of records notices outlined above.
DHS previously published a Final Rule in the Federal Register to
exempt this system of records from certain provisions of the Privacy
Act at 75 FR 55335, Dec. 29, 2011. DHS is publishing a new notice of
proposed rulemaking to cover the exemptions that will now be applied to
these new categories of individuals covered within this system of
records. The existing Final Rule for Privacy Act exemptions continues
to apply until the new Final Rule is published. This updated system
will be included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate 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. In the Privacy Act, an individual is defined to
encompass U.S. citizens and lawful permanent residents. As a matter of
policy, DHS extends administrative Privacy Act protections to all
individuals where systems of records maintain information on U.S.
citizens, lawful permanent residents, and visitors.
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/ALL-030 Use of the Terrorist Screening Database System of
Records. Some information in DHS/ALL-030 Use of the Terrorist Screening
Database System of Records relates to official DHS national security
and law enforcement activities. 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. Disclosure of information to the subject of the
inquiry could also permit the subject to avoid detection or
apprehension. In appropriate circumstances, when 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-030 Use of the Terrorist
Screening Database System of Records is also published elsewhere 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
0
1. The authority citation for part 5 is revised 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. In Appendix C to Part 5, revise paragraph 66 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
66. The DHS/ALL-030 Use of the Terrorist Screening Database
System of Records consists of electronic and paper records and will
be used by DHS and its components. The DHS/ALL-030 Use of the
Terrorist Screening Database System of Records is a repository of
information held by DHS in connection with its several and varied
missions and functions, including, the enforcement of civil and
criminal laws; investigations, inquiries, and proceedings there
under; and national security and intelligence activities. The DHS/
ALL-030 Use of the Terrorist Screening Database 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, pursuant to 5 U.S.C. 552a(j)(2),
has exempted this system from the following provisions of the
Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4), (d), (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), (f), and
(g). Additionally, the Secretary of Homeland Security, pursuant to 5
U.S.C. 552a(k)(1) and (k)(2), has exempted this system from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). When a record
received from another system has been exempted in that source system
under 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for
those records that are claimed for the original primary systems of
records from which they originated and claims any additional
exemptions set forth here. 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.
(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
[[Page 3750]]
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 (g) (Civil Remedies) to the extent that the
system is exempt from other specific subsections of the Privacy Act.
* * * * *
Dated: January 12, 2016.
Karen L. Neuman
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-01169 Filed 1-21-16; 8:45 am]
BILLING CODE 9110-9B-P
