45090 Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 

informant’s usefulness in any ongoing or 

future investigations or protective activities 

and discourage members of the public from 

cooperating as confidential informants in any 

future investigations or protective activities. 

(f) From subsections (e)(4)(G), (H), and (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 the 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 or 

protective efforts and reveal the identities of 

witnesses, and potential witnesses, and 

confidential informants. 

(g) From subsection (e)(5) (Maintenance of 

Information Used in Making any 

Determination) because in the collection of 

information for law enforcement and 

protective purposes it is impossible to 

determine in advance what information is 

accurate, relevant, timely, and complete. 

Compliance with (e)(5) would preclude 

Secret Service agents from using their 

investigative and protective training, and 

exercising good judgment to both conduct 

and report on investigations or other 

protective activities. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’ ability to obtain, serve, 

and issue subpoenas, warrants, and other law 

enforcement mechanisms that may be filed 

under seal, or could result in disclosure of 

investigative or protective techniques, 

procedures, and evidence. 

(i) From subsection (g) (Civil Remedies) to 

the extent that the system is exempt from 

other specific subsections of the Privacy Act 

relating to individuals’ rights to access and 

amend their records contained in the system. 

Therefore DHS is not required to establish 

rules or procedures pursuant to which 

individuals may seek a civil remedy for the 

agency’s: Refusal to amend a record; refusal 

to comply with a request for access to 

records; failure to maintain accurate, 

relevant, timely and complete records; or 

failure to otherwise comply with an 

individual’s right to access or amend records. 

Dated: August 20, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–20756 Filed 8–28–09; 8:45 am] 

BILLING CODE 4810–42–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 5 

[Docket No. DHS–2009–0048] 

Privacy Act of 1974: Implementation of 

Exemptions; Department of Homeland 

Security U.S. Secret Service—004 

Protection Information 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 a 

Department of Homeland Security U.S. 

Secret Service system of records entitled 

the ‘‘Department of Homeland Security 

U.S. Secret Service—004 Protection 

Information System of Records’’ from 

certain provisions of the Privacy Act. 

Specifically, the Department exempts 

portions of the Department of Homeland 

Security U.S. Secret Service—004 

Protection Information system 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 31, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

general questions please contact: Latita 

Payne (202–406–6370), Privacy Point of 

Contact, United States Secret Service, 

Washington, DC 20223. For privacy 

issues contact: Mary Ellen Callahan 

(703–235–0780), Chief Privacy Officer, 

Privacy Office, U.S. 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, 73 FR 77551, December 19, 

2008, proposing to exempt portions of 

the system of records from one or more 

provisions of the Privacy Act because of 

the U.S. Secret Service (Secret Service) 

protective functions and its criminal, 

civil, and administrative enforcement 

responsibilities. The system of records 

is the DHS/Secret Service—004 

Protection Information system. The 

DHS/Secret Service—004 Protection 

Information system of records notice 

was published concurrently in the 

Federal Register, 73 FR 77733, 

December 19, 2008, and comments were 

invited on both the notice of proposed 

rulemaking and system of records 

notice. No comments were received. 

Public Comments 

DHS received no comments on the 

notice of proposed rulemaking or 

system of records notice. DHS 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: Public Law 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. 

■ 2. Add at the end of Appendix C to 

Part 5, Exemption of Record Systems 

under the Privacy Act, the following 

new paragraph ‘‘37’’: 

Appendix C to Part 5—DHS Systems of 

Records Exempt From the Privacy Act 

* * * * * 

37. The DHS/Secret Service—004 

Protection Information system of records 

consists of electronic and paper records and 

will be used by DHS and its components. The 

DHS/Secret Service—004 Protection 

Information system 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; and the protection of the 

President of the United States or other 

individuals and locations pursuant to 

Sections 3056 and 3056A of Title 18. The 

DHS/Secret Service—004 Protection 

Information system 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, as well as 

private corporate or other entities. The 

Secretary of Homeland Security has 

exempted this system from the following 

provisions of the Privacy Act, subject to the 

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) and (e)(8); (f), and (g) 

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 the 

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), and 

(k)(3). 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: 


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Federal Register / Vol. 74, No. 167 / Monday, August 31, 2009 / Rules and Regulations 45091 

(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 or a protective inquiry to the 

existence of the investigation or inquiry, 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 the Secret 

Service’s protective mission. Disclosure of 

the accounting would also permit the 

individual who is the subject of a record to 

impede the investigation or inquiry, to 

tamper with witnesses or evidence, and to 

avoid detection or apprehension, which 

would undermine the entire investigative or 

inquiry 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, or protective inquiry to the 

existence of the investigation or inquiry, 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, or inquiry to tamper with 

witnesses or evidence, and to avoid detection 

or apprehension. Amendment of the records 

could interfere with ongoing investigations, 

law enforcement or protective activities and/ 

or could disclose security-sensitive 

information that could be detrimental to 

homeland security or the protective mission 

of the Secret Service. 

(c) From subsection (e)(1) (Relevancy and 

Necessity of Information) because in the 

course of investigations into potential 

violations of Federal law or protective 

inquiries, 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 or protective inquiry. In the 

interests of effective law enforcement and/or 

the protective mission of the Secret Service, 

it is appropriate to retain all information that 

may aid in establishing patterns of unlawful 

activity, or a possible threat to an individual, 

location or event protected or secured by the 

Secret Service. 

(d) From subsection (e)(2) (Collection of 

Information from Individuals) because 

requiring that information be collected from 

the subject of an investigation or protective 

inquiry would alert the subject to the nature 

or existence of an investigation or inquiry, 

thereby interfering with the related 

investigation or inquiry and law enforcement 

or protective activities. 

(e) From subsection (e)(3) (Notice to 

Individuals Providing Information) because 

providing such detailed information would 

impede law enforcement or protective 

activities in that it could compromise 

investigations or inquiries by: Revealing the 

existence of an otherwise confidential 

investigation or inquiry and thereby provide 

an opportunity for the subject of an 

investigation or inquiry to conceal evidence, 

alter patterns of behavior, or take other 

actions that could thwart investigative or 

protective efforts; reveal the identity of 

witnesses, thereby providing an opportunity 

for the subjects of the investigations or 

inquiries or others to harass, intimidate, or 

otherwise interfere with the collection of 

evidence or other information from such 

witnesses; or reveal the identity of 

confidential informants, which would 

negatively affect the informant’s usefulness 

in any ongoing or future investigations or 

protective activities and discourage members 

of the public from cooperating as confidential 

informants in any future investigations or 

protective activities. 

(f) From subsections (e)(4)(G), (H), and (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 the 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 

and protective efforts and reveal the 

identities of witnesses, and potential 

witnesses, and confidential informants. 

(g) From subsection (e)(5) (Maintenance of 

Information Used in Making any 

Determination) because in the collection of 

information for law enforcement and 

protective purposes it is impossible to 

determine in advance what information is 

accurate, relevant, timely, and complete. 

Compliance with (e)(5) would preclude 

Secret Service agents from using their 

investigative and protective training and 

exercising good judgment to both conduct 

and report on investigations or other 

protective activities. 

(h) From subsection (e)(8) (Notice on 

Individuals) because compliance would 

interfere with DHS’ 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 or protective techniques, 

procedures, and evidence. 

(i) From subsection (g) (Civil Remedies) to 

the extent that the system is exempt from 

other specific subsections of the Privacy Act 

relating to individuals’ rights to access and 

amend their records contained in the system. 

Therefore DHS is not required to establish 

rules or procedures pursuant to which 

individuals may seek a civil remedy for the 

agency’s: refusal to amend a record; refusal 

to comply with a request for access to 

records; failure to maintain accurate, 

relevant, timely and complete records; or 

failure to otherwise comply with an 

individual’s right to access or amend records. 

Dated: August 20, 2009. 

Mary Ellen Callahan, 

Chief Privacy Officer, Department of 

Homeland Security. 

[FR Doc. E9–20755 Filed 8–28–09; 8:45 am] 

BILLING CODE 4810–42–P 


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