[Federal Register Volume 77, Number 6 (Tuesday, January 10, 2012)]
[Rules and Regulations]
[Pages 1387-1388]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-255]
========================================================================
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.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 77, No. 6 / Tuesday, January 10, 2012 / Rules
and Regulations
[[Page 1387]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2011-0119]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/Federal Emergency Management Agency--012 Suspicious
Activity Reporting 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 a newly established system of records
titled, ``Department of Homeland Security/Federal Emergency Management
Agency--012 Suspicious Activity Reporting System of Records'' from
certain provisions of the Privacy Act. Specifically, the Department
exempts portions of the ``Department of Homeland Security/Federal
Emergency Management Agency--012 Suspicious Activity Reporting 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 January 10, 2012.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Eric M. Leckey, (202) 646-3323), Privacy Officer, Federal Emergency
Management Agency, Washington, DC 20478. 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) Federal Emergency
Management Agency (FEMA) published a notice of proposed rulemaking
(NPRM) in the Federal Register, 76 FR 60387, September 29, 2011,
proposing to exempt a 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/FEMA--012
Suspicious Activity Reporting System of Records. The DHS/FEMA--012
Suspicious Activity Reporting system of records notice (SORN) was
published concurrently in the Federal Register, 76 FR 60067, September
28, 2011, and comments were invited on both the NPRM and SORN.
Public Comments
DHS/FEMA received a total of two public comments. One comment was
received on the NPRM and one on the SORN.
NPRM
DHS/FEMA received one public comment from an anonymous individual
in support of the NPRM. The private individual notes that ``the DHS/
FEMA's new system of records should be exempt from the public
disclosure component of the Privacy Act to further ensure national
security and to add a necessary exemption to an act that seeks to
protect individuals through information control.'' The private
individual further stated ``this proposed rule shouldn't be seen as
undermining an individual's right to disclosure of information that
involves them, but rather a necessary exemption to ensure national
safety * * *. The proposed rule justifiably exempts the DHS/FEMA from
disclosure in order to achieve national security goals that will
protect citizens from growing homeland threats.''
SORN
DHS/FEMA received one public comment on the SORN from an anonymous
individual who noted ``the Notice for the Department of Homeland
Security/Federal Emergency Management Agency--012 Suspicious Activity
Reporting System of Records should reflect that the effort is part of
the larger, federal-wide Nationwide Suspicious Activity Reporting
Initiative and that SARs are reported in accordance with ISE SAR
Functional Standard 1.5.'' The drafting of the SORN was intended to be
broad enough to allow for changes and fluctuation in the Nationwide SAR
Initiative as well as implementation at DHS and FEMA. Plans are
underway to centralize reporting within DHS of all suspicious activity
that meets the Information Sharing Environment (ISE) Functional
Standard. Once those plans are put into place, FEMA Office of the Chief
Security Officer (OSCO) special agents and/or analysts will enter all
vetted SARs into the DHS ISE SAR Vetting Tool (SVT) instead of the FBI
e-Guardian system, as stated in the DHS/FEMA/PIA-018 Suspicious
Activity Reporting (SAR) Privacy Impact Assessment (PIA) published on
September 9, 2011.
After consideration of public comments, the Department decided to
remove reference to protection of the president and will implement the
rulemaking as described below.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS/FEMA 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. Add at the end of Appendix C to part 5, the following new paragraph
``67'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
67. The DHS/FEMA-012 Suspicious Activity Reporting System of
Records consists of electronic and paper records and will be used by
DHS/FEMA and its components. The DHS/FEMA--012 Suspicious Activity
Reporting System of Records is a repository of information held by
DHS/FEMA to serve its mission to support our citizens and first
responders to ensure that as a nation we work together to build,
sustain, and improve our capability to prepare for, protect against,
respond to,
[[Page 1388]]
recover from, and mitigate all hazards. This system also supports
certain other DHS/FEMA programs whose functions include, but are not
limited to, the enforcement of civil and criminal laws;
investigations, inquiries, and proceedings there under; and national
security and intelligence activities. The DHS/FEMA-012 Suspicious
Activity Reporting System of Records contains information that is
collected by, on behalf of, in support of, or in cooperation with
DHS/FEMA 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 pursuant to 5 U.S.C. 552a(k)(2);
(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f).
Exemptions from these particular subsections are justified, on a
case-by-case basis 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/FEMA 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/
FEMA 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.
(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/FEMA
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.
Dated: December 20, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2012-255 Filed 1-9-12; 8:45 am]
BILLING CODE 9110-17-P