[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Proposed Rules]
[Pages 71563-71564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28061]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / 
Proposed Rules  

[[Page 71563]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2008-0096]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security Accident Records

AGENCY: Privacy Office, DHS.

ACTION: Notice of Proposed Rule Making.

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SUMMARY: The Department of Homeland Security is giving concurrent 
notice of a revised and updated system of records pursuant to the 
Privacy Act of 1974 for the Department of Homeland Security Accident 
Records 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 in 
connection with providing protective services to the President of the 
United States and other individuals Section 3056 and 3056A of Title 18.

DATES: Comments must be received on or before December 26, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0096, by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, Chief Privacy Officer, 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 and privacy 
issues, please contact: Hugo Teufel III (703-235-0780), Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION: Background: Pursuant to the savings clause 
in the Homeland Security Act of 2002, Public Law 107-296, Section 1512, 
116 Stat. 2310 (November 25, 2002), the Department of Homeland Security 
(DHS) and its components and offices have relied on preexisting Privacy 
Act systems of records notices for the collection and maintenance of 
records that concern accident records.
    As part of its efforts to streamline and consolidate its Privacy 
Act record systems, DHS is establishing a new agency-wide system of 
records under the Privacy Act (5 U.S.C. 552a) for DHS accident records. 
This will ensure that all components of DHS follow the same privacy 
rules for collecting and handling accident records. DHS will use this 
system to collect and maintain accident records submitted by DHS 
personnel and others. In this notice of proposed rulemaking, DHS now is 
proposing to exempt Accident Records, in part, from certain provisions 
of the Privacy Act.
    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates personally identifiable 
information. The Privacy Act applies to information that is maintained 
in a ``system of records.'' A ``system of records'' is a group of any 
records under the control of an agency from which information is 
retrieved by the name of the individual or by some identifying number, 
symbol, or other identifying particular assigned to the individual. 
Individuals may request their own records that are maintained in a 
system of records in the possession or under the control of DHS by 
complying with DHS Privacy Act regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description of the type and character of each system of 
records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency recordkeeping 
practices transparent, to notify individuals regarding the uses to 
which personally identifiable information is put, and to assist 
individuals in finding such files within the agency.
    The Privacy Act allows Government agencies to exempt certain 
records from the access and amendment provisions. If an agency claims 
an exemption, however, it must issue a Notice of Proposed Rulemaking to 
make clear to the public the reasons why a particular exemption is 
claimed.
    DHS is claiming exemptions from certain requirements of the Privacy 
Act for Accident Records. Some information in Accident Records relates 
to the protective services to the President of the United States or 
other individuals pursuant to Section 3056 and 3056A of Title 18. These 
exemptions are needed to protect information relating to DHS activities 
from disclosure to subjects or others related to these activities. 
Specifically, the exemptions are required to safeguard records in 
connection with providing protective services to the President of the 
United States or other individuals pursuant to Section 3056 and 3056A 
of Title 18.
    In appropriate circumstances, where compliance would not appear to 
interfere with or adversely affect the law enforcement purposes of this 
system and the overall law enforcement process, the applicable 
exemptions may be waived on a case by case basis.
    A notice of system of records for Accident Records is also 
published in this issue of the Federal Register.

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.; Public Law 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 14:

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

* * * * *

[[Page 71564]]

    14. The Department of Homeland Security Accident Records system 
of records consists of electronic and paper records and will be used 
by DHS and its components. Accident 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 there under; national security and intelligence 
activities; and protection of the President of the United States or 
other individuals pursuant to Section 3056 and 3056A of Title 18. 
Accident 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. Pursuant to 5 U.S.C. 552a(k)(3) 
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 (d). 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 (d) (Access to Records) because access to 
the records contained in this system of records could inform the 
subject of information related to the protection of a President of 
the United States or other individuals pursuant to Section 3056 and 
3056A of Title 18. Permitting access and amendment to such 
information could disclose security-sensitive information that could 
be detrimental to homeland security.

    Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.

[FR Doc. E8-28061 Filed 11-24-08; 8:45 am]
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