Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850 Page: 69,604

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Federal Register/Vol. 75, No. 219/Monday, November 15, 2010/Proposed Rules

place after DHS determines that the
receiving component or agency has a
verifiable need to know the information
to carry out national security, law
enforcement, immigration, intelligence,
or other functions consistent with the
routine uses set forth in this system of
records notice.
The information within this system
that meets the functional standard of the
National Suspicious Activity Reporting
Initiative will be placed into the DHS/
ALL-031 Information Sharing
Environment Suspicious Activity
Reporting Initiative (September 10,
2010, 75 FR 55335).
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
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.
2. Add at the end of Appendix C to
part 5, the following new paragraph
"52":
Appendix C to Part 5-DHS Systems of
Records Exempt From the Privacy Act
52. The DHS/NPPD-001NICC Records
System of Records consists of electronic and
paper records and will be used by DHS/
NPPD/NICC. The DHS/NPPD-001NICC
Records System of Records is a repository of
information held by DHS 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
thereunder; national security and intelligence
activities. The DHS/NPPD-001NICC
Records 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.
The Secretary of Homeland Security is
exempting this system from the following
provisions of the Privacy Act, subject to
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)(1), (k)(2), and
(k)(3). 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.
Dated: November 5, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010-28569 Filed 11-12-10; 8:45 am]

BILLING CODE 9110-9A-P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2010-0053]
Privacy Act of 1974: Implementation of
Exemptions; Department of Homeland
Security Office of Operations
Coordination and Planning-003
Operations Collection, Planning,
Coordination, Reporting, Analysis, and
Fusion System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
SUMMARY: The Department of Homeland
Security is giving concurrent notice of a
newly established system of records
pursuant to the Privacy Act of 1974 for
the Department of Homeland Security
Office of Operations Coordination and
Planning-003 Operations Collection,
Planning, Coordination, Reporting,
Analysis, and Fusion System of Records
and this proposed rulemaking. In this
proposed rulemaking, the Department
proposes 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.
DATES: Comments must be received on
or before December 15, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS-
2010-0053, by one of the following
methods:
* Federal e-Rulemaking Portal:
http://www.regulations.gov. Follow the
instructions for submitting comments.
* Fax: 703-483-2999.
* Mail: Mary Ellen Callahan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
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: For
general questions please contact:
Michael Page (202-357-7626), Privacy
Point of Contact, Office of Operations
Coordination and Planning, Department
of Homeland Security, Washington, DC
20528. For privacy issues please

contact: Mary Ellen Callahan (703-235-

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United States. Office of the Federal Register. Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850, periodical, November 15, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52800/m1/42/ocr/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.

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