[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
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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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.
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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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