[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Rules and Regulations]
[Pages 45084-45085]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20760]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0037]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Citizenship and Immigration Services--006 Fraud
Detection and National Security Data System
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 of Homeland
Security U.S. Citizenship and Immigration Services system of records
entitled the ``Department of Homeland Security U.S. Citizenship and
Immigration Services--006 Fraud Detection and National Security Data
System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the Department of
Homeland Security U.S. Citizenship and Immigration Services--006 Fraud
Detection and National Security Data 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 31, 2009.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Donald Hawkins (202-272-8000), Privacy Officer, U.S. Citizenship and
Immigration Services, 111 Massachusetts Avenue, NW., Washington, DC
20529. For privacy issues 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, 73 FR 48155, August 18,
2008, 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/U.S. Citizenship and Immigration Services (USCIS)--006 Fraud
Detection and National Security Data System. The DHS/USCIS--006 Fraud
Detection and National Security Data system of records notice was
published concurrently in the Federal Register, 73 FR 48231, August 18,
2008, and comments were invited on both the notice of proposed
rulemaking and the system of records notice. No comments were received.
Public Comments
DHS received no comments on the notice of proposed rulemaking or
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: Public Law 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.
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2. At the end of Appendix C to Part 5, Exemption of Record Systems
Under the Privacy Act, add the following new paragraph ``32'':
* * * * *
32. The DHS/USCIS--006 Fraud Detection and National Security
Data System (FDNS-DS) system of records consists of a stand alone
database and paper files that will be used by DHS and its
components. The DHS/USCIS--006 Fraud Detection and National Security
Data System is a case management system used to record, track, and
manage immigration inquiries, investigative referrals, law
enforcement requests, and case determinations involving benefit
fraud, criminal activity, public safety and national security
concerns. 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)(2). These exemptions apply only to the extent that records in
the system are subject to exemption pursuant to 5 U.S.C. 552a
(k)(2). 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 enforcement efforts and/or
efforts to preserve national security. Disclosure of the
[[Page 45085]]
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) and (e)(4)(H) (Agency
Requirements) because portions of this system are exempt from the
individual access provisions of subsection (d) which exempts
providing access because it could alert a subject to the nature or
existence of an investigation, and thus there could be no procedures
for that particular data. Procedures do exist for access for those
portions of the system that are not exempted.
(e) From subsection (e)(4)(I) (Agency Requirements) because
providing such source information would impede law enforcement or
intelligence by compromising the nature or existence of a
confidential investigation.
(f) From subsection (f) (Agency Rules) because portions of this
system are exempt from the access and amendment provisions of
subsection (d).
Dated: August 20, 2009.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-20760 Filed 8-28-09; 8:45 am]
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