[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Rules and Regulations]
[Page 5421-5422]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-1]
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Rules and Regulations
Federal Register
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[[Page 5421]]
DEPARTMENT OF HOMELAND SECURITY
6 CFR Part 5
[Docket No. DHS-2008-0004]
Privacy Act of 1974: Implementation of Exemptions
AGENCY: Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: The Department of Homeland Security is issuing a final rule
exempting from certain provisions of the Privacy Act a revised and
updated Privacy Act system of records maintained by the Office of
Investigations in the Office of the Inspector General. The system of
records is the ``Investigative Data Management System.''
DATES: Effective Dates: This final rule is effective January 30, 2008.
FOR FURTHER INFORMATION CONTACT: Richard N. Reback, Department of
Homeland Security, Office of Inspector General/STOP 2600, 245 Murray
Drive, SW., Building 410, Washington, DC 20528, by telephone (202) 254-
4100 or facsimile (202) 254-4285; or Hugo Teufel III, (703) 235-0780,
Chief Privacy Officer, U.S. Department of Homeland Security,
Washington, DC 20528; e-mail privacy@dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
On November 9, 2005, the Department of Homeland Security (DHS)
published a notice of proposed rulemaking (70 FR 67931), to exempt a
Privacy Act system of records maintained by the Office of
Investigations in the Office of the Inspector General (OIG) from
certain provisions of the Privacy Act. The system of records is the DHS
OIG Investigations Data Management System.
No comments were received on the proposed rulemaking. Accordingly,
the Department is adopting the proposed rule as final.
Pursuant to the requirements of the Regulatory Flexibility Act, 5
U.S.C. 601-612, DHS certifies that these regulations will not
significantly affect a substantial number of small entities. The final
rule imposes no duties or obligations on small entities. Further, in
accordance with the provisions of the Paperwork Reduction Act of 1995,
44 U.S.C. 3501, DHS has determined that this final rule would not
impose new record keeping, application, reporting, or other types of
information collection requirements.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
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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
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1. The authority citation for part 5 continues to read as follows:
Authority: Pub. L. 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.
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2. At the end of Appendix C to part 5, add the following new paragraph
5 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
5. DHS-OIG-2005-002, the Office of Inspector General
Investigative Records System includes both paper investigative files
and the ``Investigation Data Management System'' (IDMS)--an
electronic case management and tracking information system, which
also generates reports. The Investigative Records System consists of
records and information collected and maintained to receive and
process allegations of violations of criminal, civil, and
administrative laws and regulations relating to DHS programs,
operations, and employees, as well as contractors and other
individuals and entities associated with the DHS. The system allows
the DHS Office of Inspector General to monitor case assignments,
disposition, status, and results; manage investigations and
information provided during the course of such investigations; track
actions taken by management regarding misconduct; track legal
actions taken following referrals to the United States Department of
Justice for prosecution or litigation; provide information relating
to any adverse action or other proceeding that may occur as a result
of the findings of an investigation; retrieve investigation results;
provide a system for creating and reporting statistical information;
and to provide a system to track Office of Inspector General
investigators' firearms qualification records and property records.
Pursuant to exemptions 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and
(e)(8); (f); and (g). Pursuant to 5 U.S.C. 552a (k)(1), (k)(2) and
(k)(5), this system is exempt from the following provisions of the
Privacy Act, subject to the limitations set forth in those
subsections: 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G),
(e)(4)(H), and (f). 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 (c)(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 the
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, tamper with witnesses or
evidence, and 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 the
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, tamper
with witnesses or evidence, and avoid detection or apprehension.
Amendment of the records could interfere with ongoing investigations
and law enforcement activities and would impose an impossible
administrative burden by requiring investigations to be continuously
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
[[Page 5422]]
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 as to the
nature or existence of an investigation, thereby interfering with
the related investigation and law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information would impede law enforcement in
that it could compromise the existence of a confidential
investigation or reveal the identity of witnesses or confidential
informants.
(f) From subsections (e)(4)(G) and (H) (Agency Requirements),
(f) (Agency Rules), and (g) (Civil Remedies) because portions of
this system are exempt from the individual access provisions of
subsection (d).
(g) From subsection (e)(5) (Collection of Information) because
in 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 (e)(5) would
preclude OIG special 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 OIG'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.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-1553 Filed 1-29-08; 8:45 am]
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