[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70637-70638]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29447]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 76, No. 220 / Tuesday, November 15, 2011 /
Rules and Regulations
[[Page 70637]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2011-0110]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Citizenship and Immigration Services-016
Electronic Immigration System-3 Automated Background Functions 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 an updated and reissued
system of records titled, ``Department of Homeland Security/U.S.
Citizenship and Immigration Services-016 Electronic Immigration System-
3 Automated Background Functions 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-016 Electronic Immigration System-3 Automated
Background Functions 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 November 15, 2011.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Donald K. Hawkins (202) 272-8000, Privacy Officer, U.S. Citizenship and
Immigration Services, 20 Massachusetts Avenue NW., Washington, DC
20529. 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) U.S. Citizenship and
Immigration Services (USCIS) published a notice of proposed rulemaking
in the Federal Register, 76 FR 60385, September 29, 2011, 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/USCIS-016
Electronic Immigration System-3 Automated Background Functions System
of Records. The DHS/USCIS-016 Electronic Immigration System-3 Automated
Background Functions system of records notice was published
concurrently in the Federal Register, 76 FR 60059, September 28, 2011,
and comments were invited on both the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice (SORN).
Public Comments
DHS received no comments on the NPRM or SORN and will implement the
rulemaking as proposed.
List of Subjects in 6 CFR Part 5
Freedom of information; 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
0
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.
0
2. Add at the end of Appendix C to Part 5, the following new paragraph
``65'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
65. The DHS/USCIS-016 Electronic Immigration System-3 Automated
Background Functions System of Records consists of electronic and
paper records and will be used by DHS and its components. The DHS/
USCIS-016 Electronic Immigration System-3 Automated Background
Functions System of Records is a repository of information held by
USCIS to serve its mission of processing immigration benefits. This
system also supports certain other DHS programs whose functions
include, but are not limited to, the enforcement of civil and
criminal laws; investigations, inquiries, and proceedings there
under; and national security and intelligence activities. The DHS/
USCIS-016 Electronic Immigration System-3 Automated Background
Functions System of Records 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. This system is exempted from the
following provisions of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2): 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I); and (f). Additionally, many of the functions in this
system require retrieving records from law enforcement systems.
Where a record received from another system has been exempted in
that source system under 5 U.S.C. 552a(j)(2), DHS will claim the
same exemptions for those records that are claimed for the original
primary systems of records from which they originated and claims any
additional exemptions in accordance with this rule. Exemptions from
these particular subsections are justified, on a case-by-case basis
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/or 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
[[Page 70638]]
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.
Dated: November 2, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-29447 Filed 11-14-11; 8:45 am]
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