Federal Register, Volume 75, Number 50, March 16, 2010, Pages 12433-12656 Page: 12,437
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Rules and Regulations
Federal Register
Vol. 75, No. 50
Tuesday, March 16, 2010This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2009-0070]
Privacy Act of 1974: Implementation of
Exemptions; U.S. Immigration and
Customs Enforcement-006
Intelligence Records System
AGENCY: Privacy Office, DHS.
ACTION: Final rule.
SUMMARY: The Department of Homeland
Security is issuing a final rule to amend
its regulations to exempt portions of a
U.S. Immigration and Customs
Enforcement system of records entitled
the "U.S. Immigration and Customs
Enforcement-006 Intelligence Records
System" from certain provisions of the
Privacy Act. Specifically, the
Department exempts portions of the
Immigration and Customs Enforcement
Intelligence Records 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 March 16, 2010.
FOR FURTHER INFORMATION CONTACT: For
general questions please contact Lyn
Rahilly (202-732-3300), Privacy Officer,
U.S. Immigration and Customs
Enforcement, 500 12th Street, SW.,
Washington, DC 20536, e-mail:
ICEPrivacy@dhs.gov. For 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, 73 FR 74633, December 9,
2008, proposing to exempt portions of
U.S. Immigration and Customs
Enforcement-006 Intelligence Records
system of records from one or more
provisions of the Privacy Act because of
criminal, civil, and administrative
enforcement requirements. The
Immigration and Customs Enforcement
Intelligence Records system of records
notice was published concurrently in
the Federal Register, 73 FR 74735,
December 9, 2008, and comments were
invited on both the notice of proposed
rulemaking and system of records
notice. The notice of proposed
rulemaking did not receive public
comments. The system of records notice
received one public comment.
Public Comments
The notice of proposed rulemaking
did not receive public comments. The
system of records notice received one
public comment. The public comment
was an expression of an individual's
personal opinions and unrelated to the
system of records notice. DHS 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 amends Chapter I of Title 6, Code
of Federal Regulations, as follows:
PART 5-DISCLOSURE OF RECORDS
AND INFORMATION
a 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.
Subpart B also issued under 5 U.S.C. 552a.
2. At the end of Appendix C to Part
5, add the following new paragraph 50
to read as follows:
Appendix C to Part 5-DHS Systems of
Records Exempt From the Privacy Act
50. The Immigration and Customs
Enforcement (ICE)--006 Intelligence Records
System (IIRS) consists of electronic and
paper records and will be used by the
Department of Homeland Security (DHS).
IIRS is a repository of information held by
DHS in connection with its several andvaried missions and functions, including, but
not limited to: the enforcement of civil and
criminal laws; investigations, inquiries, and
proceedings thereunder; and national
security and intelligence activities. IIRS
contains information that is collected by
other federal and foreign government
agencies and may contain personally
identifiable information. Pursuant to
exemption 5 U.S.C. 552a(j)(2) of the Privacy
Act, portions of this system are exempt from
5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f),
and (g). Pursuant to 5 U.S.C. 552a(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), 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) and (4)
(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
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 or12437
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 50, March 16, 2010, Pages 12433-12656, periodical, March 16, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52631/m1/11/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.