[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85106-85107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28289]


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

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2016-0087]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/U.S. Immigration and Customs Enforcement-015 LeadTrac 
System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Final rule.

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

SUMMARY: The Department of Homeland Security is issuing a final rule to 
amend its regulations to exempt portions of a newly established system 
of records titled, ``Department of Homeland Security (DHS)/U.S. 
Immigration and Customs Enforcement (ICE)-015 LeadTrac System of 
Records'' from certain provisions of the Privacy Act. Specifically, the 
Department exempts portions of the ``DHS/ICE-015 LeadTrac System of 
Records'' from one or more provisions of the Privacy Act because of 
criminal, civil, and administrative enforcement requirements.

DATES: This final rule is effective November 25, 2016.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Amber Smith, Privacy Officer, (202-732-3300), U.S. Immigration and 
Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington, 
DC 20536, email: ICEPrivacy@ice.dhs.gov. For privacy issues, please 
contact: Jonathan R. Cantor (202-1717), Acting Chief Privacy Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

Background

    DHS/ICE published a notice of proposed rulemaking in the Federal 
Register, 81 FR 153, August 9, 2016, 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-015 LeadTrac System 
of Records. The DHS/ICE-015 LeadTrac System of Records Notice was 
published concurrently in the Federal Register, 81 FR 153, August 9, 
2016, and comments were invited on both the Notice of Proposed 
Rulemaking (NPRM) and System of Records Notice (SORN).

Public Comments

    DHS received no comments on the NPRM and no comments on the SORN.
    Because DHS received no public comments, 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 proposes to amend 
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. Add paragraph 75 to appendix C to part 5 to read as follows:

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

* * * * *
    75. The DHS/ICE-015 LeadTrac System of Records consists of 
electronic and paper records and will be used by ICE investigative 
and homeland security personnel. The DHS/ICE-015 LeadTrac System of 
Records is a repository of information held by ICE for analytical 
and investigative purposes. The system is used to conduct research 
supporting the production of law enforcement activities; provide 
lead information for investigative inquiry and follow-up; assist in 
the conduct of ICE criminal and administrative investigations; 
assist in the disruption of terrorist or other criminal activity; 
and discover previously unknown connections among existing ICE 
investigations. The DHS/ICE-015 LeadTrac System of Records contains 
aggregated data from ICE and DHS law enforcement and homeland 
security IT systems, as well as data uploaded by ICE personnel for 
analysis from various public, private, and commercial sources during 
the course of an investigation or analytical project. The Secretary 
of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted 
this system from the following provisions of the Privacy Act: 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: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I); and (f). When a record received from another 
system has been exempted in that source system under 5 U.S.C. 
552a(j)(2) or (k)(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 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. Disclosure of 
corrections or notations of dispute may impede investigations by 
requiring DHS to inform each witness or individual contacted during 
the investigation of each correction or notation pertaining to 
information provided them during the investigation.
    (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,

[[Page 85107]]

permitting access and amendment to such information could disclose 
classified and other 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 establishing 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, 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: November 17, 2016.
Jonathan Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-28289 Filed 11-23-16; 8:45 am]
 BILLING CODE 9111-28-P