[Federal Register Volume 70, Number 73 (Monday, April 18, 2005)]
[Proposed Rules]
[Pages 20061-20062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7705]
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Proposed Rules
Federal Register
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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.
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Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 /
Proposed Rules
[[Page 20061]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5, Appendix C
[DHS-2005-0029]
Privacy Act of 1974: Implementation of Exemptions: the Homeland
Security Operations Center Database
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Homeland Security is concurrently
establishing one new system of records pursuant to the Privacy Act of
1974, the Homeland Security Operations Center Database. In this
proposed rulemaking, the Department of Homeland Security proposes to
exempt portions of this 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 May 18, 2005.
ADDRESSES: You may submit comments, identified by docket number DHS-
2004-, by one of the following methods:
EPA Federal Partner EDOCKET Web site: http://www.epa.gov/feddocket. Follow instructions for submitting comments on the Web site.
DHS has joined the Environmental Protection Agency (EPA)
online public docket and comment system on its Partner Electronic
Docket System (Partner EDOCKET).
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 772-5036 (This is not a toll-free number).
Mail: Nuala O'Connor Kelly, Chief Privacy Officer,
Department of Homeland Security, Nuala O'Connor Kelly, DHS Chief
Privacy Officer, Washington, DC 20528.
Hand Delivery/Courier: Nuala O'Connor Kelly, Chief Privacy
Officer, Department of Homeland Security, Nuala O'Connor Kelly, Chief
Privacy Officer, 245 Murray Lane, SW., Building 410, Washington, DC
20528, 7:30 a.m. to 4 p.m.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to http://www.epa.gov/feddocket, including any
personal information provided. For detailed instructions on submitting
comments and additional information on the rulemaking process, see the
``Public Participation'' heading of the SUPPLEMENTARY INFORMATION
section of this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.epa.gov/feddocket. You may also
access the Federal eRulemaking Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sandy Ford Page, Director, Disclosure
Officer, Office of the Chief of Staff, Office of the Undersecretary for
Information Analysis and Infrastructure Protection, Department of
Homeland Security, Washington, DC 20528 by telephone (202) 282-8522 or
facsimile (202) 282-9069; Nuala O'Connor Kelly, DHS Chief Privacy
Officer, Department of Homeland Security, Washington, DC 20528, by
telephone (202) 772-9848 or facsimile (202) 772-5036.
SUPPLEMENTARY INFORMATION:
Background
Concurrently with the publication of this notice of proposed
rulemaking, the Department of Homeland Security (DHS) is publishing a
Notice establishing a new system of records that is subject to the
Privacy Act of 1974, 5 U.S.C. 552a. DHS is proposing to exempt this
system in part, from certain provisions of the Privacy Act. This system
is the Office of the Undersecretary for Information Analysis and
Infrastructure Protection (IAIP) Homeland Security Operations Center
(HSOC) Database (DHS/IAIP001), which is being established to serve as
the primary national-level hub for operational communications and
information pertaining to domestic incident management and serves as
the Nation's single point of threat information integration and
dissemination to secure the homeland. The HSOC Database will support a
single, centralized repository for gathered information.
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Homeland Security Act of 2002 requires the Secretary of DHS to
appoint a senior official to oversee implementation of the Privacy Act
and to undertake other privacy-related activities. Pub. L. 107-296,
Sec. 222, 116 Stat. 2135, 2155 (Nov. 25, 2002) (HSA). The systems of
records being published today help to carry out the DHS Chief Privacy
Officer's statutory activities.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals to more easily find such files within the agency. By
separate notice, the Department has described the Homeland Security
Operations Center database.
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 exemption from certain requirements of the
Privacy Act. In the case of DHS/IAIP 001, which consists of operational
communications and information pertaining to domestic incident
management, allowing access to the
[[Page 20062]]
information that is derived from these files could alert the subject of
the information to an investigation of an actual or potential criminal,
civil, or regulatory violation and reveal investigative interest on the
part of DHS or another agency. Disclosure of the information would
therefore present a serious impediment to law enforcement efforts and/
or efforts to preserve national security. Disclosure of the information
would also permit the individual who is the subject of a record to
impede the investigation and avoid detection or apprehension, which
undermines the entire system. This exemption is standard law
enforcement and national security exemption utilized by numerous law
enforcement and intelligence agencies.
List of Subjects in 6 CFR Part 5
Classified information; Courts; Freedom of information; Government
employees; 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: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et
seq.; 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 the following:
* * * * *
DHS/IAIP/OO1
Portions of the following DHS systems of records are exempt from
certain provisions of the Privacy Act pursuant to 5 U.S.C. 552(j) and
(k): DHS/IAIP 001, Department of Homeland Security (DHS) Homeland
Security Operations Center database allows IAIP to maintain and
retrieve intelligence information and other information received from
agencies and components of the Federal Government, foreign governments,
organizations or entities, international organizations, state and local
government agencies (including law enforcement agencies), and private
sector entities, as well as information provided by individuals,
regardless of the medium used to submit the information or the agency
to which it was submitted. This system also contains: information
regarding persons on watch lists with possible links to terrorism; the
results of intelligence analysis and reporting; ongoing law enforcement
investigative information, information systems security analysis and
reporting; historical law enforcement information, operational and
administrative records; financial information; and public-source data
such as that contained in media reports and commercial databases as
appropriate to identify and assess the nature and scope of terrorist
threats to the homeland, detect and identify threats of terrorism
against the United States, and understand such threats in light of
actual and potential vulnerabilities of the homeland. Data about the
providers of information, including the means of transmission of the
data is also retained.
IAIP will use the information in the HSOC database to access,
receive, and analyze law enforcement information, intelligence
information, and other information and to integrate such information in
order identify and assess the nature and scope of terrorist or other
threats to the homeland.
Pursuant to exemptions (j)(2), (k)(1), and (k)(2) of the Privacy
Act, portions of this system are exempt from 5 U.S.C. 552a(c)(3); (d);
(e)(1); (e)(4)(G), (H) and (I), and (e)(8), (f), and (g). Exemptions
from the particular subsections are justified, on a case by case basis
to be determined at the time a request is made, for the following
reasons:
(a) From subsection (c) (3) (Accounting for Disclosures) because
release of the accounting of disclosures could alert the subject of an
investigation of an actual or potential criminal, civil, or regulatory
violation to the existence of the investigation and reveal
investigative interest on the part of DHS as well as the recipient
agency. Disclosure of the accounting would therefore present a serious
impediment to law enforcement efforts and/or efforts to preserve
national security. Disclosure of the accounting would also permit the
individual who is the subject of a record to impede the investigation
and avoid detection or apprehension, which undermines the entire
system.
(b) From subsection (d) (Access to Records) because access to the
records contained in this system of records could inform the subject of
an investigation of an actual or potential criminal, civil, or
regulatory violation to the existence of the investigation and reveal
investigative interest on the part of DHS or another agency. Access to
the records would permit the individual who is the subject of a record
to impede the investigation and avoid detection or apprehension.
Amendment of the records would interfere with ongoing investigations
and law enforcement activities and impose an impossible administrative
burden by requiring investigations to be continuously reinvestigated.
The information contained in the system may also include properly
classified information, the release of which would pose a threat to
national defense and/or foreign policy. In addition, permitting access
and amendment to such information also 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 operations DHS IAIP must be able
to review information from a variety of sources. What information is
relevant and necessary may not always be apparent until after the
evaluation is completed. In the interests of Homeland Security, it is
appropriate to include a broad range of information that may aid in
identifying and assessing the nature and scope of terrorist or other
threats to the Homeland. Additionally, 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 enforcement of federal laws, it is appropriate
to retain all information that may aid in establishing patterns of
unlawful activity.
(d) From subsections (e) (4) (G), (H) and (I) (Agency
Requirements), and (f), because portions of this system are exempt from
the access and amendment provisions of subsection (d).
Dated: April 7, 2005.
Nuala O'Connor Kelly,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 05-7705 Filed 4-15-05; 8:45 am]
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