[Federal Register Volume 85, Number 148 (Friday, July 31, 2020)]
[Rules and Regulations]
[Pages 45967-45968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15513]



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 Rules and Regulations
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  Federal Register / Vol. 85, No. 148 / Friday, July 31, 2020 / Rules 
and Regulations  

[[Page 45967]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2020-0020]


Privacy Act of 1974: Implementation of Exemptions; Department of 
Homeland Security/ALL-045 Statistical Immigration Data Production and 
Reporting System of Records

AGENCY: 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/ALL-045 
Statistical Immigration Data Production and Reporting System of 
Records'' from certain provisions of the Privacy Act. Specifically, the 
Department exempts portions of the ``Department of Homeland Security/
ALL-045 Statistical Immigration Data Production and Reporting 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 July 31, 2020.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions 
please contact: Constantina Kozanas (202) 343-1717, [email protected], 
Chief Privacy Officer, Privacy Office, Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

Background

    The Department of Homeland Security (DHS) published a notice of 
proposed rulemaking in the Federal Register, (85 FR 14174, March 11, 
2020), 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 associated system of 
records with this rulemaking is DHS/ALL-045 Statistical Immigration 
Data Production and Reporting System of Records, published concurrently 
in the Federal Register at 85 FR 14223 on March 11, 2020, which permits 
DHS/Office of Immigration Statistics (OIS) to collect and maintain 
records on members of the public for whom federal agencies have 
collected information related to individuals' interactions with the 
federal government's immigration system.
    Comments were invited on both the Notice of Proposed Rulemaking 
(NPRM) and System of Records Notice (SORN).

Public Comments

    DHS received two comments on the NPRM and one comment on the SORN.

NPRM

    DHS received two comments on the published NPRM: One regarding the 
need for a database of law enforcement investigations other law 
agencies may have access to and the other regarding the need for 
collection in a transparent and non-discriminatory manner. DHS 
appreciates the public comments. First, DHS does not collect 
information in this system of records for law enforcement purposes for 
itself nor for other federal agencies. Second, DHS always strives to be 
transparent regarding its collection of immigration data for 
statistical purposes and does so in conformance with law.

SORN

    DHS received one non-substantive comment on the published SORN.
    After consideration of the public comments, DHS has determined that 
the exemptions should remain in place and 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. Amend Appendix C to Part 5 by adding paragraph 82 to read as 
follows:

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

* * * * *
    82. The DHS/ALL-045 Statistical Immigration Data Production and 
Reporting System of Records consists of electronic and paper records 
and will be used by DHS and its Components. The DHS/ALL-045 
Statistical Immigration Data Production and Reporting 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 there under; national 
security and intelligence activities. The DHS/ALL-045 Statistical 
Immigration Data Production and Reporting System of 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.
    For records created and aggregated by DHS OIS, the Secretary of 
Homeland Security, pursuant to 5 U.S.C. 552a(k)(4), has exempted 
this system from the following provisions of the Privacy Act: 5 
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and 
(f). In addition to the reasons stated below, the reason for 
exempting the system of records is that disclosure of statistical 
records (including release of accounting for disclosures) would in 
most instances be of no benefit to a particular individual since the 
records do not have a direct effect on a given individual.
    Where 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) (Accounting for Disclosures) because 
release of the accounting of disclosures for records derived

[[Page 45968]]

from DHS operational systems 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 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. When an investigation has been completed, 
information on disclosures made may continue to be exempted if the 
fact that an investigation occurred remains sensitive after 
completion.
    (b) From subsection (d) (Access and Amendment to Records) 
because access to the records contained in this system of records 
that are derived from records from DHS operational systems 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, including statistics records covered by this 
system that derived from records originating from DHS operational 
systems.
    (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.

Constantina Kozanas,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-15513 Filed 7-30-20; 8:45 am]
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