[Federal Register Volume 74, Number 162 (Monday, August 24, 2009)]
[Rules and Regulations]
[Pages 42578-42579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20155]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0064]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/ALL--024 Facility and Perimeter Access Control and
Visitor Management System of Records
AGENCY: Privacy Office, DHS.
ACTION: Final rule.
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SUMMARY: The Department of Homeland Security is issuing a final rule to
amend its regulations to exempt portions of a Department-wide system of
records entitled the ``Department of Homeland Security/ALL--024
Facility and Perimeter Access Control and Visitor Management System of
Records'' from certain provisions of the Privacy Act. Specifically, the
Department exempts portions of the Department of Homeland Security/
ALL--024 Facility and Perimeter Access Control and Visitor Management
system 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 24, 2009.
FOR FURTHER INFORMATION CONTACT: For general questions and privacy
issues please contact: Mary Ellen Callahan (703-235-0780), Chief
Privacy Officer, Privacy Office, U.S. 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, 74 FR 2906, January 16,
2009, 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--024 Facility and Perimeter Access Control and Visitor
Management system. The DHS/ALL--024 Facility and Perimeter Access
Control and Visitor Management system of records notice was published
concurrently in the Federal Register, 74 FR 3081, January 16, 2009, and
comments were invited on both the notice of proposed rulemaking and
system of records notice. No comments were received.
Public Comments
DHS received no comments on the notice of proposed rulemaking or
the system of records notice. DHS will implement the rulemaking as
proposed.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
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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
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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.
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2. Add at the end of Appendix C to Part 5, the following new paragraph
``19'':
* * * * *
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
19. The DHS/ALL--024 Facility and Perimeter Access Control and
Visitor Management system of records consists of electronic and
paper records and will be used by DHS and its components. The DHS/
ALL--024 Facility and Perimeter Access Control and Visitor
Management system 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; and
national security and intelligence activities. The DHS/ALL--024
Facility and Perimeter Access Control and Visitor Management system
contains information that is collected by, on behalf of, in support
of, or in cooperation with DHS and its components and may contain
personally identifiable information collected by other Federal,
State, local, tribal, foreign, or international government agencies.
The Secretary of Homeland Security has exempted this system from the
following provisions of the Privacy Act, subject to the 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), 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) (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
[[Page 42579]]
enforcement efforts and/or efforts to preserve national security.
Disclosure of the accounting would also permit the individual who is
the subject of a record to impede the investigation, to tamper with
witnesses or evidence, and to avoid detection or apprehension, which
would undermine the entire investigative process.
(b) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation, to the existence of the
investigation, and reveal investigative interest on the part of DHS
or another agency. Access to the records could permit the individual
who is the subject of a record to impede the investigation, to
tamper with witnesses or evidence, and to avoid detection or
apprehension. Amendment of the records could interfere with ongoing
investigations and law enforcement activities and would impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated. In addition, permitting access and
amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
(c) From subsection (e)(1) (Relevancy and Necessity of
Information) because in the course of investigations into potential
violations of Federal law, the accuracy of information obtained or
introduced occasionally may be unclear or the information may not be
strictly relevant or necessary to a specific investigation. In the
interests of effective law enforcement, it is appropriate to retain
all information that may aid in establishing patterns of unlawful
activity.
(d) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency
Requirements), and (f) (Agency Rules) because portions of this
system are exempt from the individual access provisions of
subsection (d) for the reasons noted above, and therefore DHS is not
required to establish requirements, rules, or procedures with
respect to such access. Providing notice to individuals with respect
to existence of records pertaining to them in the system of records
or otherwise setting up procedures pursuant to which individuals may
access and view records pertaining to themselves in the system would
undermine investigative efforts and reveal the identities of
witnesses, and potential witnesses, and confidential informants.
Dated: August 12, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20155 Filed 8-21-09; 8:45 am]
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