Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/Immigration and Customs Enforcement-018 Analytical Records System of Records, 15134-15136 [2021-05643]
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15134
Proposed Rules
Federal Register
Vol. 86, No. 53
Monday, March 22, 2021
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. ICEB–2020–0007]
Privacy Act of 1974: Implementation of
Exemptions; U.S. Department of
Homeland Security/Immigration and
Customs Enforcement–018 Analytical
Records System of Records
U.S. Immigration and Customs
Enforcement, U.S. Department of
Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:
The U.S. Department of
Homeland Security (DHS) is giving
concurrent notice of a newly established
system of records pursuant to the
Privacy Act of 1974 for the ‘‘DHS/U.S.
Immigration and Customs Enforcement
(ICE)–018 Analytical Records 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.
SUMMARY:
Comments must be received on
or before April 21, 2021.
ADDRESSES: You may submit comments,
identified by docket number ICEB–
2020–0007, 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: James Holzer, Acting Chief
Privacy Officer, Privacy Office, U.S.
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://
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DATES:
VerDate Sep<11>2014
16:27 Mar 19, 2021
Jkt 253001
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: Jordan
Holz, ICEPrivacy-GeneralMailbox@
ice.dhs.gov, Privacy Officer, U.S.
Immigration and Customs Enforcement
(ICE), 500 12th Street SW, Mail Stop
5004, Washington, DC 20536. For
privacy questions, please contact: James
Holzer, Privacy@hq.dhs.gov, (202) 343–
1717, Acting Chief Privacy Officer,
Privacy Office, U.S. Department of
Homeland Security, Washington, DC
20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the U.S.
Department of Homeland Security
(DHS), U.S. Immigration and Customs
Enforcement (ICE) proposes to issue a
new system of records notice (SORN)
titled, ‘‘DHS/ICE–018 Analytical
Records.’’ DHS/ICE is creating a new
system of records to better reflect and
clarify the nature of all records
collected, maintained, processed, and
shared by ICE in large analytical data
environments. A fuller description of
this SORN can be found herein the
Federal Register.
The DHS/ICE–018 Analytical Records
system of records consolidates the
following two notices, DHS/ICE–005
Trade Transparency Analysis and
Research (TTAR) System of Records, 79
FR 71112, (December 1, 2014), and
DHS/ICE–016 FALCON Search and
Analysis (FALCON–SA) System of
Records, 82 FR 20905, (May 4, 2017),
into one new system of records. This
new system of records reflects the types
of information and records ICE collects
and maintains in analytical systems to
support its law enforcement and
investigative mission, rather than
linking the SORN to specific IT
system(s).
ICE analytical systems help ICE
personnel conduct research and analysis
using advanced analytic tools in support
of their law enforcement and
investigative mission. These tools allow
ICE to query, analyze, and present large
amounts of data in a variety of formats
that can help illuminate relationships
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Sfmt 4702
among the various data elements. Some
analytical tools may incorporate the use
of artificial intelligence and machine
learning to assist ICE personnel in
examining large and complex datasets.
All analytical systems and tools under
this system of records use a central data
store to eliminate the need for multiple
copies of the data.
This system of records ingests and
aggregates data from a number of system
and database interfaces that collects
data for ICE’s law enforcement, national
security, immigration enforcement, and
customs enforcement missions. The
analytical data store also contains
metadata that is created by an ICE
analytical system when it ingests data.
ICE uses the metadata to apply access
controls and other system rules (such as
retention policies) to the contents of the
central data store. The metadata also
provides important contextual
information about the date the
information was added to the data store
and the source system where the data
originated. ICE analytical systems also
ingest external information from nonfederal entities, including state and
local law enforcement authorities,
private corporations, or foreign
governments.
The DHS/ICE–018 Analytical Records
SORN also covers tips submitted to ICE
via email, an online form on the ICE
website, or by calling an ICE tip line
phone number. These tips are created
electronically using an ICE-wide tip line
interface or may be manually entered by
ICE analysts. Once ICE analysts
adjudicate the tips for action, the tips
will then be accessible to authorized
users to conduct further investigation.
Users of an analytical tool or system
may create visualizations, match
records, or create analyses of large
volumes of data through algorithmic
processes. The end result of user efforts
with an analytical tool, such as a map
or list, is an analytical work product.
Analytical products, information
sharing, and user collaboration made
possible in analytical systems may
result in the creation of a lead to the
field.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/ICE–018 Analytical Records
system of records may be shared with
other DHS Components components
that have a need to know the
information to carry out their national
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
jbell on DSKJLSW7X2PROD with PROPOSALS
security, law enforcement, immigration,
intelligence, or other homeland security
functions. In addition, DHS/ICE may
share information with appropriate
federal, state, local, tribal, territorial,
foreign, or international government
agencies consistent with the routine
uses set forth in this system of records
notice.
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 individuals’ records. 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. Additionally, and similarly,
the Judicial Redress Act (JRA) provides
a statutory right to covered persons to
make requests for access and
amendment to covered records, as
defined by the JRA, along with judicial
review for denials of such requests. In
addition, the JRA prohibits disclosures
of covered records, except as otherwise
permitted by the Privacy Act.
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 and provide an
opportunity for public comment.
DHS is claiming exemptions from
certain requirements of the Privacy Act
for DHS/ICE–018 Analytical Records
System of Records. Some information in
DHS/ICE–018 Analytical Records
System of Records relates to official
DHS national security, law enforcement,
immigration, and intelligence 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; 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; and to safeguard
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classified information. 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 system of records notice for DHS/
ICE–018 Analytical Records 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.
2. In appendix C to part 5, add
paragraph 85 to read as follows:
■
Appendix C to Part 5—DHS Systems of
Records Exempt From the Privacy Act
*
*
*
*
*
85. The DHS/ICE–018 Analytical Records
System of Records consists of electronic and
paper records and will be used by DHS and
its components. The DHS/ICE–018 Analytical
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 thereunder; and
national security and intelligence activities.
The DHS/ICE–018 Analytical Records 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)(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), and
(f). Where 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
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15135
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 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. When an
investigation has been completed,
information on disclosures made may
continue to be exempted if the fact that an
investigation occurred remains sensitive after
completion.
(b) From subsection (d) (Access and
Amendment 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 Directly 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
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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
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.
(j) From subsection (g) (Civil Remedies) to
the extent that the system is exempt from
other specific subsections of the Privacy Act.
James Holzer,
Acting Chief Privacy Officer, U.S. Department
of Homeland Security.
[FR Doc. 2021–05643 Filed 3–19–21; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. USCBP–2020–0051]
RIN 1651–AB30
Privacy Act of 1974: Implementation of
Exemptions; U.S. Department of
Homeland Security/U.S. Customs and
Border Protection–018 Customs Trade
Partnership Against Terrorism System
of Records
U.S. Customs and Border
Protection, U.S. Department of
Homeland Security.
ACTION: Notice of proposed rulemaking.
jbell on DSKJLSW7X2PROD with PROPOSALS
AGENCY:
The U.S. Department of
Homeland Security (DHS) is giving
concurrent notice of a modified and
reissued system of records pursuant to
SUMMARY:
VerDate Sep<11>2014
16:27 Mar 19, 2021
Jkt 253001
the Privacy Act of 1974 for the ‘‘DHS/
U.S. Customs and Border Protection
(CBP)–018 Customs Trade Partnership
Against Terrorism System of Records,’’
and this proposed rulemaking. In this
proposed rulemaking, the Department
and CBP 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 April 21, 2021.
ADDRESSES: You may submit comments,
identified by docket number USCBP–
2020–0051, 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: James Holzer, Acting Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact: Debra
Danisek, Privacy.CBP@cbp.dhs.gov,
(202) 344–1610, CBP Privacy Officer,
U.S. Customs and Border Protection,
1300 Pennsylvania Avenue NW,
Washington, DC 20229. For privacy
issues, please contact: James Holzer,
Privacy@hq.dhs.gov, (202) 343–1717,
Acting Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the U.S.
Department of Homeland Security
(DHS), U.S. Customs and Border
Protection (CBP) proposes to modify
and reissue a current DHS system of
records titled, ‘‘DHS/CBP–018 Customs
Trade Partnership Against Terrorism
System of Records.’’ DHS/CBP is
reissuing this modified system of
records notice to update its description
of how CBP collects and maintains
information pertaining to prospective,
ineligible, current, or former trade
partners in the CTPAT Program; other
entities and individuals in their supply
chains; and members of foreign
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Sfmt 4702
governments’ secure supply chain
programs that have been recognized by
CBP, through a mutual recognition
arrangement or comparable
arrangement, as being compatible with
CTPAT. DHS/CBP is updating this
system of records notice to clarify that
CTPAT Program members may also
submit information to DHS/CBP under
the CTPAT Trade Compliance program,
to include importer self-assessments
and other documentation.
CBP uses the information collected
and maintained through the CTPAT
security and trade compliance programs
to carry out its trade facilitation, law
enforcement, and national security
missions. In direct response to 9/11,
CBP challenged the trade community to
partner with the government to design
a new approach to supply chain
security—one that protects the United
States from acts of terrorism by
improving security while facilitating the
flow of compliant cargo and
conveyances. The result was the CTPAT
Program—a voluntary government/
private sector partnership program in
which certain types of businesses agree
to cooperate with CBP in the analysis,
measurement, monitoring, reporting,
and enhancement of their supply
chains.
Businesses accepted into the CTPAT
Program are called partners and agree to
take actions to protect their supply
chain, identify security gaps, and
implement specific security measures
and best practices in return for
facilitated processing of their shipments
by CBP. The CTPAT Program focuses on
improving security from the point of
origin (including manufacturer,
supplier, or vendor) through a point of
distribution to the destination. The
current security guidelines for CTPAT
Program members address a broad range
of topics including personnel, physical,
and procedural security; access controls;
education, training, and awareness;
manifest procedures; conveyance
security; threat awareness; and
documentation processing. These
guidelines offer a customized solution
for the members, while providing a clear
minimum standard that approved
companies must meet.
Businesses eligible to fully participate
in the CTPAT Program include U.S.
importers; exporters; U.S./Canada
highway carriers; U.S./Mexico highway
carriers; rail and sea carriers; licensed
U.S. Customs brokers; U.S. marine port
authority/terminal operators; U.S.
freight consolidators; ocean
transportation intermediaries and nonoperating common carriers; Mexican
and Canadian manufacturers; and
Mexican long-haul carriers.
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]]>Agencies
[Federal Register Volume 86, Number 53 (Monday, March 22, 2021)]
[Proposed Rules]
[Pages 15134-15136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05643]
========================================================================
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. 86, No. 53 / Monday, March 22, 2021 /
Proposed Rules
[[Page 15134]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. ICEB-2020-0007]
Privacy Act of 1974: Implementation of Exemptions; U.S.
Department of Homeland Security/Immigration and Customs Enforcement-018
Analytical Records System of Records
AGENCY: U.S. Immigration and Customs Enforcement, U.S. Department of
Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Homeland Security (DHS) is giving
concurrent notice of a newly established system of records pursuant to
the Privacy Act of 1974 for the ``DHS/U.S. Immigration and Customs
Enforcement (ICE)-018 Analytical Records 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 April 21, 2021.
ADDRESSES: You may submit comments, identified by docket number ICEB-
2020-0007, 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: James Holzer, Acting Chief Privacy Officer, Privacy
Office, U.S. 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:
Jordan Holz, [email protected], Privacy Officer,
U.S. Immigration and Customs Enforcement (ICE), 500 12th Street SW,
Mail Stop 5004, Washington, DC 20536. For privacy questions, please
contact: James Holzer, [email protected], (202) 343-1717, Acting Chief
Privacy Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the U.S.
Department of Homeland Security (DHS), U.S. Immigration and Customs
Enforcement (ICE) proposes to issue a new system of records notice
(SORN) titled, ``DHS/ICE-018 Analytical Records.'' DHS/ICE is creating
a new system of records to better reflect and clarify the nature of all
records collected, maintained, processed, and shared by ICE in large
analytical data environments. A fuller description of this SORN can be
found herein the Federal Register.
The DHS/ICE-018 Analytical Records system of records consolidates
the following two notices, DHS/ICE-005 Trade Transparency Analysis and
Research (TTAR) System of Records, 79 FR 71112, (December 1, 2014), and
DHS/ICE-016 FALCON Search and Analysis (FALCON-SA) System of Records,
82 FR 20905, (May 4, 2017), into one new system of records. This new
system of records reflects the types of information and records ICE
collects and maintains in analytical systems to support its law
enforcement and investigative mission, rather than linking the SORN to
specific IT system(s).
ICE analytical systems help ICE personnel conduct research and
analysis using advanced analytic tools in support of their law
enforcement and investigative mission. These tools allow ICE to query,
analyze, and present large amounts of data in a variety of formats that
can help illuminate relationships among the various data elements. Some
analytical tools may incorporate the use of artificial intelligence and
machine learning to assist ICE personnel in examining large and complex
datasets. All analytical systems and tools under this system of records
use a central data store to eliminate the need for multiple copies of
the data.
This system of records ingests and aggregates data from a number of
system and database interfaces that collects data for ICE's law
enforcement, national security, immigration enforcement, and customs
enforcement missions. The analytical data store also contains metadata
that is created by an ICE analytical system when it ingests data. ICE
uses the metadata to apply access controls and other system rules (such
as retention policies) to the contents of the central data store. The
metadata also provides important contextual information about the date
the information was added to the data store and the source system where
the data originated. ICE analytical systems also ingest external
information from non-federal entities, including state and local law
enforcement authorities, private corporations, or foreign governments.
The DHS/ICE-018 Analytical Records SORN also covers tips submitted
to ICE via email, an online form on the ICE website, or by calling an
ICE tip line phone number. These tips are created electronically using
an ICE-wide tip line interface or may be manually entered by ICE
analysts. Once ICE analysts adjudicate the tips for action, the tips
will then be accessible to authorized users to conduct further
investigation.
Users of an analytical tool or system may create visualizations,
match records, or create analyses of large volumes of data through
algorithmic processes. The end result of user efforts with an
analytical tool, such as a map or list, is an analytical work product.
Analytical products, information sharing, and user collaboration made
possible in analytical systems may result in the creation of a lead to
the field.
Consistent with DHS's information sharing mission, information
stored in the DHS/ICE-018 Analytical Records system of records may be
shared with other DHS Components components that have a need to know
the information to carry out their national
[[Page 15135]]
security, law enforcement, immigration, intelligence, or other homeland
security functions. In addition, DHS/ICE may share information with
appropriate federal, state, local, tribal, territorial, foreign, or
international government agencies consistent with the routine uses set
forth in this system of records notice.
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 individuals' records.
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. Additionally, and similarly, the Judicial Redress
Act (JRA) provides a statutory right to covered persons to make
requests for access and amendment to covered records, as defined by the
JRA, along with judicial review for denials of such requests. In
addition, the JRA prohibits disclosures of covered records, except as
otherwise permitted by the Privacy Act.
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 and provide an opportunity for public comment.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/ICE-018 Analytical Records System of Records. Some
information in DHS/ICE-018 Analytical Records System of Records relates
to official DHS national security, law enforcement, immigration, and
intelligence 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; 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; and to safeguard classified information. 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 system of records notice for DHS/ICE-018 Analytical Records
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
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.
0
2. In appendix C to part 5, add paragraph 85 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
85. The DHS/ICE-018 Analytical Records System of Records
consists of electronic and paper records and will be used by DHS and
its components. The DHS/ICE-018 Analytical 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 thereunder; and national
security and intelligence activities. The DHS/ICE-018 Analytical
Records 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)(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), and (f). Where 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 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. When an investigation
has been completed, information on disclosures made may continue to
be exempted if the fact that an investigation occurred remains
sensitive after completion.
(b) From subsection (d) (Access and Amendment 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 Directly
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
[[Page 15136]]
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.
(j) From subsection (g) (Civil Remedies) to the extent that the
system is exempt from other specific subsections of the Privacy Act.
James Holzer,
Acting Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-05643 Filed 3-19-21; 8:45 am]
BILLING CODE 9111-28-P
