[Federal Register: September 12, 2006 (Volume 71, Number 176)]
[Proposed Rules]
[Page 53609-53610]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12se06-17]
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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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[[Page 53609]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket Number 2006-0027]
Privacy Act of 1974: Implementation of Exemptions
AGENCY: Office of Security, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of Homeland Security is concurrently
establishing a new system of records pursuant to the Privacy Act of
1974 for the Office of Security entitled the ``Office of Security File
System.'' This system of records will support the administration of a
program that provides security for the Department by safeguarding and
protecting the Department's personnel, property, facilities and
information.
In this proposed rulemaking, the Department 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 October 12, 2006.
ADDRESSES: You may submit comments, identified by docket number DHS-
2006-0027, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov. Follow the
instructions for submitting comments.
Fax: (202) 401-4514 (not a toll-free number).
Mail: Marc E. Frey, Senior Advisor, Office of Security, 245 Murray
Lane, SW., Building 410, Washington, DC 20528; Hugo Teufel III, Chief
Privacy Officer, 601 S. 12th Street, Arlington, VA 22202-4220.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Marc E. Frey, Senior Advisor, Office
of Security, 245 Murray Lane, SW., Building 410, Washington, DC 20528
by telephone (202) 772-5096 or facsimile (202) 401-4514; Hugo Teufel
III, Chief Privacy Officer, 601 S. 12th Street, Arlington, VA 22202-
4220 by telephone (571) 227-3813 or facsimile (571) 227-4171.
SUPPLEMENTARY INFORMATION:
Background
Elsewhere in the Federal Register, the Department of Homeland
Security (DHS) is publishing a Privacy Act system of records notice
describing records in the file system of its Office of Security. DHS
established the Office of Security to protect and safeguard the
Department's personnel, property, facilities, and information. The
Office of Security develops, coordinates, implements, and oversees the
Department's security policies, programs, and standards; delivers
security training and education to DHS personnel; and provides security
support to DHS components when necessary. In addition, the Office of
Security coordinates and collaborates with the Intelligence Community
on security issues and the protection of information. The Office of
Security works to integrate security into every aspect of the
Department's operations.
The Office of Security File System consists of records relating to
the management and operation of the DHS personnel security and
suitability program, including but not limited to, completed standard
form questionnaires issued by the Office of Personnel Management and
other information related to an individual's eligibility for access to
classified or sensitive information.
This system contains records pertaining to numerous categories of
individuals including DHS personnel who may be a subject of a counter-
terrorism, or counter-espionage, or law enforcement investigation;
senders of unsolicited communications that raise a security concern to
the Department or its personnel; state and local government personnel
and private-sector individuals who serve on an advisory committee and
board sponsored by DHS; and state and local government personnel and
private-sector individuals who are authorized by DHS to access
sensitive or classified homeland security information, classified
facilities, communications security equipment, and information
technology systems that process national or homeland security
classified information. The information in this system also relates to
official Security investigations and law enforcement activities.
Accordingly, DHS proposes to exempt this system, in part, from
certain provisions of the Privacy Act and to add that exemption to
Appendix C to Part 5, DHS Systems of Records Exempt from the Privacy
Act. The DHS Office of Security needs this exemption in order to
protect information relating to Security investigations from disclosure
to subjects of investigations and others who could interfere with the
Office of Security's investigatory and law enforcement activities.
Specifically, the exemptions are required to preclude subjects of
investigations from frustrating the investigative process; to avoid
disclosure of investigative techniques; protect the identities and
physical safety of confidential informants and of law enforcement
personnel; ensure the Office of Security's ability to obtain
information from third parties and other sources; protect the privacy
of third parties; and safeguard classified information. Disclosure of
information to the subject of the inquiry could also permit the subject
to avoid detection or apprehension.
In addition, because the Office of Security investigations arise
out of DHS programs and activities, information in this system of
records may pertain to national security and related law enforcement
matters. In such cases, allowing access to such information could alert
subjects of the Office of Security investigations into actual or
potential criminal, civil, or regulatory violations, and could reveal
in an untimely manner, the Office of Security's and other agencies'
investigative interests in law enforcement efforts to preserve national
security.
[[Page 53610]]
The exemptions proposed here are standard law enforcement and
national security exemptions exercised by a large number of Federal law
enforcement and intelligence agencies. In appropriate circumstances,
where 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.
List of Subjects in 6 CFR Part 5
Classified information, Privacy, Freedom of information.
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.
2. At the end of Appendix C to Part 5, add the following new
paragraph:
Appendix C to part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
4. DHS-OS-001, Office of Security File System. This system and
its records are used in the management and implementation of Office
of Security programs and activities that safeguard and support the
protection of the Department's personnel, property, facilities, and
information. Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2), this system
is exempt from the following provisions of the Privacy Act, subject
to the limitations set forth in those subsections: 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (I) and (f).
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 into an actual or potential criminal, civil, or
regulatory violation, to the existence of the investigation, which
in some cases may be classified, and which could reveal
investigative interest on the part of DHS or the Office of Security.
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, tamper with witnesses or evidence, and avoid
detection or apprehension, which would undermine the entire
investigative process.
(b) From subsection (d) (Access to and Amendment of Records)
because access to the records contained in this system of records
could inform the subject of an investigation, which in some cases
may be classified, and prematurely 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, tamper with witnesses or evidence, and 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 national security or information breaches, 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 and for the protection of national security, 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) (Agency Rules) because portions of this
system are exempt from the access and amendment provisions of
subsection (d).
(e) From subsection (g) to the extent that the system is exempt
from other specific subsections of the Privacy Act.
Dated: September 1, 2006.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E6-15046 Filed 9-11-06; 8:45 am]
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