[Federal Register Volume 79, Number 63 (Wednesday, April 2, 2014)]
[Rules and Regulations]
[Pages 18441-18442]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-07386]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 79, No. 63 / Wednesday, April 2, 2014 / Rules
and Regulations
[[Page 18441]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2013-0012]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Immigration and Customs Enforcement--014
Homeland Security Investigations Forensic Laboratory System of Records
AGENCY: Privacy Office, Department of Homeland Security.
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 the ``Department of
Homeland Security/U.S. Immigration and Customs Enforcement--014
Homeland Security Investigations Forensic Laboratory System of
Records'' from certain provisions of the Privacy Act. Specifically, the
Department exempts portions of the ``Department of Homeland Security/
U.S. Immigration and Customs Enforcement--014 Homeland Security
Investigations Forensic Laboratory 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 April 2, 2014.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Lyn Rahilly, Privacy Officer, (202-732-3300), U.S. Immigration and
Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington,
DC 20536, email: [email protected]. For privacy issues please
contact: Karen L. Neuman (202-343-1717), Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background
The Department of Homeland Security (DHS) U.S. Immigration and
Customs Enforcement (ICE) published a Notice of Proposed Rulemaking
(NPRM) in the Federal Register, 78 FR 28761, May 16, 2013, 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/ICE-014
Homeland Security Investigations Forensic Laboratory (HSI-FL) System of
Records. The DHS/ICE--014 HSI-FL System of Records Notice (SORN) was
published concurrently in the Federal Register, 78 FR 28867, May 16,
2013, and comments were invited on both the NPRM and the SORN.
Public Comments
DHS received one computer-generated comment on the NPRM and no
comments on the SORN. The comment on the NPRM did not pertain to the
proposed rulemaking or the system of records. Accordingly, the
Department 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
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
``72'' to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
72. The DHS/ICE-014 Homeland Security Investigations Forensic
Laboratory System of Records consists of electronic and paper
records that will be used by DHS and its components. The DHS/ICE-014
Homeland Security Investigations Forensic Laboratory System of
Records contains records of evidence and cases submitted to the HSI-
FL. This information will include information on the individual
submitting the request, identify the evidence submitted, track the
evidence as it moves throughout the HSI-FL, capture case notes and
results of examinations, store electronic images of evidence, and
produce reports of findings. Other case-related records are
maintained, including descriptions of expert witness testimony
provided by HSI-FL employees. Records in the DHS/ICE-014 Homeland
Security Investigations Forensic Laboratory System of Records also
include the library of genuine, altered, and counterfeit travel and
identity documents provided to the HSI-FL by international
organizations, government agencies, and law enforcement
organizations from across the United States and around the world to
research methods of document production and authenticate documents
through comparative forensic examinations. The DHS/ICE-014 Homeland
Security Investigations Forensic Laboratory 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 (PII) collected by other
federal, state, local, tribal, foreign, or international government
agencies. The Secretary of the Department of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has exempted this system from the
following provisions of the Privacy Act, subject to limitations set
forth in 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g).
Additionally, the Secretary of Homeland Security, pursuant to 5
U.S.C. 552a(k)(2), has exempted 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). 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 set forth here. 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 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
[[Page 18442]]
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 subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of the investigation, thereby interfering with
that investigation and related law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information could impede law enforcement by
compromising the existence of a confidential investigation or reveal
the identity of witnesses or confidential informants.
(f) 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.
(g) From subsection (e)(5) (Collection of Information) because
with 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 subsection (e)(5)
would preclude DHS 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 DHS'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.
(i) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
Dated: March 6, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-07386 Filed 4-1-14; 8:45 am]
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