[Federal Register Volume 76, Number 137 (Monday, July 18, 2011)]
[Rules and Regulations]
[Pages 42003-42004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17938]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2011-0037]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security Transportation Security Administration--023 Workplace
Violence Prevention Program 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 newly established system
of records titled, ``Department of Homeland Security/Transportation
Security Administration--023 Workplace Violence Prevention Program
System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the ``Department of
Homeland Security/Transportation Security Administration--023 Workplace
Violence Prevention Program System of Records'' 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 July 18, 2011.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Ted Calhoun, Office of Law Enforcement, TSA-18, Transportation Security
Administration, 601 South 12th Street, Arlington, VA 20598-6018; e-mail
[email protected]. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) Transportation Security
Administration (TSA) published a notice of proposed rulemaking (NPRM)
in the Federal Register, 75 FR 7978, February 23, 2010, proposing to
exempt portions of the DHS/TSA-023 Workplace Violence Prevention
Program system of records from one or more provisions of the Privacy
Act because of criminal, civil, and administrative enforcement
requirements. The DHS/TSA-023 Workplace Violence Prevention Program
system of records notice (SORN) was published concurrently in the
Federal Register, 75 FR 8096, February 23, 2010, and comments were
invited on both the NPRM and SORN.
Public Comments
DHS/TSA received one comment on the NPRM and no comments on the
SORN.
NPRM
DHS/TSA received one comment from the public that supported the
proposed rule. No other substantive or significant comments were
received.
SORN
TSA received no comments on the SORN.
After consideration of the public comment received, the Department
will implement the rulemaking as proposed.
[[Page 42004]]
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
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
``56'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
56. The DHS/TSA-023 Workplace Violence Prevention Program System
of Records consists of electronic and paper records and is used by
the TSA in the administration of its Workplace Violence Prevention
Program, an internal TSA program designed to prevent and respond to
workplace violence. The DHS/TSA-023 Workplace Violence Prevention
Program System of Records is a repository of information held by TSA
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. The
DHS/TSA-023 Workplace Violence Prevention Program System of Records
contains information collected by TSA, 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 portions of this system from the
following provisions of the Privacy Act, subject to the limitations
set forth in (c)(3); (d); (e)(1), (e)(4)(G); (e)(4)(H); (e)(4)(I);
and (f) of the Privacy Act 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 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/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 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 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.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-17938 Filed 7-15-11; 8:45 am]
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