[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 69977-69978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-26618]



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 Rules and Regulations
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  Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 / 
Rules and Regulations  

[[Page 69977]]



 DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket No. DHS-2021-0045]


Privacy Act of 1974: Implementation of Exemptions; U.S. 
Department of Homeland Security/Office of the Immigration Detention 
Ombudsman-001 Office of the Immigration Detention Ombudsman System of 
Records

AGENCY: Office of the Immigration Detention Ombudsman, U.S. Department 
of Homeland Security.

ACTION:  Final rule.

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

SUMMARY:  The U.S. Department of Homeland Security is issuing a final 
rule to amend its regulations to exempt portions of a newly established 
system of records titled, ``DHS/Office of the Immigration Detention 
Ombudsman (OIDO)-001 Office of the Immigration Detention Ombudsman 
System of Records'' from certain provisions of the Privacy Act. 
Specifically, the Department exempts portions of the ``DHS/Office of 
the Immigration Detention Ombudsman (OIDO)-001 Office of the 
Immigration Detention Ombudsman 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 December 9, 2021.

FOR FURTHER INFORMATION CONTACT: For general and privacy questions, 
please contact: Lynn Parker Dupree, (202) 343-1717, [email protected], 
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland 
Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Department of Homeland Security (DHS) Office of the 
Immigration Detention Ombudsman (OIDO) published a notice of proposed 
rulemaking in the Federal Register, 86 FR 49490 (September 3, 2021), 
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/OIDO-001 Office of the Immigration Detention Ombudsman System of 
Records. The DHS/OIDO-001 Office of the Immigration Detention Ombudsman 
System of Records notice was published concurrently in the Federal 
Register, 86 FR 49553 (September 3, 2021), and comments were invited on 
both the Notice of Proposed Rulemaking (NPRM) and System of Records 
Notice (SORN).
    OIDO is an independent office within DHS tasked with reviewing and 
resolving individual complaints and providing independent oversight of 
immigration detention facilities, including conducting announced and 
unannounced inspections, reviewing contract terms for immigration 
detention facilities and services, and making recommendations and 
reporting to Congress on findings. OIDO is creating this system of 
records to collect and maintain records related to individual 
complaints from or about individuals in immigration detention regarding 
potential violations of law, individual rights, standards of 
professional conduct, contract terms, or policy related to immigration 
detention by any officer or employee of CBP or ICE, or any contracted, 
subcontracted, or cooperating entity personnel.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/OIDO-001 Office of the Immigration Detention 
Ombudsman System of Records may be shared with other DHS Components 
that have a need to know the information to carry out their national 
security, law enforcement, immigration, intelligence, or other homeland 
security functions. In addition, DHS/OIDO may share information with 
appropriate federal, state, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in this system of records notice.

Public Comments

    DHS received zero comments on the Notice of Proposed Rulemaking and 
zero comments on the System of Records Notice. As such, 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. In appendix C to part 5, add paragraph 87 to read as follows''

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

* * * * *
    87. The DHS/OIDO-001 Office of the Immigration Detention 
Ombudsman System of Records consists of electronic and paper records 
and will be used by DHS and its components. The DHS/OIDO-001 Office 
of the Immigration Detention Ombudsman 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, and investigations, 
inquiries, and proceedings there under. The DHS/OIDO-001 Office of 
the Immigration Detention Ombudsman 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.
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(k)(2) and (k)(5), 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). Where a record received 
from another system has been exempted in that source system under 5 
U.S.C. 552a(j)(2), (k)(2), or (k)(5), 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

[[Page 69978]]

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 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 
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. Further, 
permitting amendment to law enforcement records after an 
investigation has been completed would impose an unmanageable 
administrative burden. 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 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.

Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-26618 Filed 12-8-21; 8:45 am]
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