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. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

50845 

Vol. 75, No. 159 

Wednesday, August 18, 2010 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2010–0057] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/ALL—027 The History of the 

Department of Homeland Security 

System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 

its regulations to exempt portions of 

updated and reissued system of records 

pursuant to the Privacy Act of 1974 for 

the ‘‘Department of Homeland Security/ 

ALL—027 The History of the 

Department of Homeland Security 

System of Records’’ from certain 

provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the ‘‘Department of 

Homeland Security/ALL—027 The 

History of the Department of Homeland 

Security 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 August 18, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: 

Historian (202–282–8682), History 

Office, Office of Policy, Department of 

Homeland Security, Washington, DC 

20528. For privacy issues please 

contact: Mary Ellen Callahan (703–235– 

0780), 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, (75 FR 7979, February 23, 

2010) 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/ALL—027 The 

History of the Department of Homeland 

Security System of Records. The DHS/ 

ALL—027 The History of the 

Department of Homeland Security 

system of records notice was published 

concurrently in the Federal Register, 

(75 FR 8092, February 23, 2010) 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 or the SORN. 

After no public comments were 

received, 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 

■ 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. 

■ 2. Add at the end of Appendix C to 

Part 5, the following new paragraph 

‘‘51’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

51. The DHS/ALL—027 The History of the 

Department of Homeland Security System of 

Records consists of electronic and paper 

records and will be used by DHS and its 

components. The DHS/ALL—027 The 

History of the Department of Homeland 

Security 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 thereunder; 

national security and intelligence activities; 

and protection of the President of the United 

States or other individuals pursuant to 

Section 3056 and 3056A of Title 18. The 

DHS/ALL—027 The History of the 

Department of Homeland Security System of 

Records contain 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 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) and (4); (d); (e)(1), (e)(2), 

(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), 

(e)(8), (e)(12); (f); (g)(1); and (h) pursuant to 

5 U.S.C. 552a(j)(2). Additionally, the 

Secretary of Homeland Security 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) 

pursuant to 5 U.S.C. 552a(k)(1), (k)(2), (k)(3), 

and (k)(5). 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. 

(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. 


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50846 Federal Register / Vol. 75, No. 159 / Wednesday, August 18, 2010 / Rules and Regulations 

(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 (e)(12) (Computer 

Matching) if the agency is a recipient agency 

or a source agency in a matching program 

with a non-Federal agency, with respect to 

any establishment or revision of a matching 

program, at least 30 days prior to conducting 

such program, publish in the Federal 

Register notice of such establishment or 

revision. 

(j) From subsection (g)(1) (Civil Remedies) 

to the extent that the system is exempt from 

other specific subsections of the Privacy Act. 

(k) From subsection (h) (Legal Guardians) 

the parent of any minor, or the legal guardian 

of any individual who has been declared to 

be incompetent due to physical or mental 

incapacity or age by a court of competent 

jurisdiction, may act on behalf of the 

individual. 

Dated: August 3, 2010. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. 2010–20477 Filed 8–17–10; 8:45 am] 

BILLING CODE 9110–9M–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2010–0056] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security/ALL—001 Freedom of 

Information Act and Privacy Act 

Records System of Records 

AGENCY: Privacy Office, DHS. 

ACTION: Final rule. 

SUMMARY: The Department of Homeland 

Security is issuing a final rule to amend 

its regulations to exempt portions of an 

updated and reissued system of records 

pursuant to the Privacy Act of 1974 for 

the ‘‘Department of Homeland Security/ 

ALL—001 Freedom of Information Act 

and Privacy Act Records System of 

Records’’ from certain provisions of the 

Privacy Act. Specifically, the 

Department exempts portions of the 

‘‘Department of Homeland Security/ 

ALL—001 Freedom of Information Act 

and Privacy Act Records 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 August 18, 2010. 

FOR FURTHER INFORMATION CONTACT: For 

general questions and privacy issues 

please contact: Mary Ellen Callahan 

(703–235–0780), Chief Privacy Officer 

and Chief Freedom of Information Act 

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, (74 FR 55484, October 28, 

2009) 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/ALL—001 

Freedom of Information Act and Privacy 

Act Records System of Records. The 

DHS/ALL—001 Freedom of Information 

Act and Privacy Act Records system of 

records notice was published 

concurrently in the Federal Register, 

(74 FR 55572, October 28, 2009) and 

comments were invited on both the 

Notice of Proposed Rulemaking (NPRM) 

and System of Records Notice (SORN). 

Public Comments 

DHS received four comments on the 

NPRM and no comments on the SORN. 

NPRM 

DHS received four comments on the 

NPRM from two separate commenters. 

Two comments received were from the 

same commenter and supported the 

proposed rule. The remaining two 

comments were from a separate 

commenter and also supported the 

proposed rule. 

SORN 

No comments were received on the 

SORN. 

After consideration of 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 amends Chapter I of Title 6, Code 

of Federal Regulations, as follows: 

PART 5—DISCLOSURE OF RECORDS 

AND INFORMATION 

■ 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. 

■ 2. In Appendix C to Part 5, revise 

paragraph ‘‘1’’ to read as follows: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

1. The DHS/ALL—001 Freedom of 

Information Act and Privacy Act Records 

System of Records consists of electronic and 

paper records and will be used by DHS and 

its components. The DHS/ALL—001 

Freedom of Information Act and Privacy Act 

Records 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; 


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