[Federal Register Volume 73, Number 20 (Wednesday, January 30, 2008)]
[Rules and Regulations]
[Pages 5421-5422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1553]



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 Rules and Regulations
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  Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / 
Rules and Regulations  

[[Page 5421]]



DEPARTMENT OF HOMELAND SECURITY

6 CFR Part 5

[Docket No. DHS-2008-0004]


Privacy Act of 1974: Implementation of Exemptions

AGENCY: Department of Homeland Security.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security is issuing a final rule 
exempting from certain provisions of the Privacy Act a revised and 
updated Privacy Act system of records maintained by the Office of 
Investigations in the Office of the Inspector General. The system of 
records is the ``Investigative Data Management System.''

DATES: Effective Dates: This final rule is effective January 30, 2008.

FOR FURTHER INFORMATION CONTACT: Richard N. Reback, Department of 
Homeland Security, Office of Inspector General/STOP 2600, 245 Murray 
Drive, SW., Building 410, Washington, DC 20528, by telephone (202) 254-
4100 or facsimile (202) 254-4285; or Hugo Teufel III, (703) 235-0780, 
Chief Privacy Officer, U.S. Department of Homeland Security, 
Washington, DC 20528; e-mail [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On November 9, 2005, the Department of Homeland Security (DHS) 
published a notice of proposed rulemaking (70 FR 67931), to exempt a 
Privacy Act system of records maintained by the Office of 
Investigations in the Office of the Inspector General (OIG) from 
certain provisions of the Privacy Act. The system of records is the DHS 
OIG Investigations Data Management System.
    No comments were received on the proposed rulemaking. Accordingly, 
the Department is adopting the proposed rule as final.
    Pursuant to the requirements of the Regulatory Flexibility Act, 5 
U.S.C. 601-612, DHS certifies that these regulations will not 
significantly affect a substantial number of small entities. The final 
rule imposes no duties or obligations on small entities. Further, in 
accordance with the provisions of the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501, DHS has determined that this final rule would not 
impose new record keeping, application, reporting, or other types of 
information collection requirements.

List of Subjects in 6 CFR Part 5

    Freedom of information, Privacy.

0
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

0
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.


0
2. At the end of Appendix C to part 5, add the following new paragraph 
5 to read as follows:

Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy 
Act

* * * * *
    5. DHS-OIG-2005-002, the Office of Inspector General 
Investigative Records System includes both paper investigative files 
and the ``Investigation Data Management System'' (IDMS)--an 
electronic case management and tracking information system, which 
also generates reports. The Investigative Records System consists of 
records and information collected and maintained to receive and 
process allegations of violations of criminal, civil, and 
administrative laws and regulations relating to DHS programs, 
operations, and employees, as well as contractors and other 
individuals and entities associated with the DHS. The system allows 
the DHS Office of Inspector General to monitor case assignments, 
disposition, status, and results; manage investigations and 
information provided during the course of such investigations; track 
actions taken by management regarding misconduct; track legal 
actions taken following referrals to the United States Department of 
Justice for prosecution or litigation; provide information relating 
to any adverse action or other proceeding that may occur as a result 
of the findings of an investigation; retrieve investigation results; 
provide a system for creating and reporting statistical information; 
and to provide a system to track Office of Inspector General 
investigators' firearms qualification records and property records. 
Pursuant to exemptions 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)(1), (k)(2) and 
(k)(5), 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 (c)(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, tamper with witnesses or 
evidence, and 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, 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 federal law, the accuracy of information obtained or 
introduced occasionally may be unclear or the information may not be 
strictly relevant or

[[Page 5422]]

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 subsection (e)(2) (Collection of Information from 
Individuals) because requiring that information be collected from 
the subject of an investigation would alert the subject as to the 
nature or existence of an investigation, thereby interfering with 
the related investigation and law enforcement activities.
    (e) From subsection (e)(3) (Notice to Subjects) because 
providing such detailed information would impede law enforcement in 
that it could compromise the existence of a confidential 
investigation or reveal the identity of witnesses or confidential 
informants.
    (f) From subsections (e)(4)(G) and (H) (Agency Requirements), 
(f) (Agency Rules), and (g) (Civil Remedies) because portions of 
this system are exempt from the individual access provisions of 
subsection (d).
    (g) From subsection (e)(5) (Collection of Information) because 
in the collection of information for law enforcement purposes it is 
impossible to determine in advance what information is accurate, 
relevant, timely, and complete. Compliance with (e)(5) would 
preclude OIG special agents from using their investigative training 
and exercise of good judgment to both conduct and report on 
investigations.
    (h) From subsection (e)(8)(Notice on Individuals) because 
compliance would interfere with OIG's ability to obtain, serve, and 
issue subpoenas, warrants and other law enforcement mechanisms that 
may be filed under seal, and could result in disclosure of 
investigative techniques, procedures, and evidence.

Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-1553 Filed 1-29-08; 8:45 am]
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