[Federal Register Volume 81, Number 227 (Friday, November 25, 2016)]
[Rules and Regulations]
[Pages 85106-85107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28289]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2016-0087]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security/U.S. Immigration and Customs Enforcement-015 LeadTrac
System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: The Department of Homeland Security is issuing a final rule to
amend its regulations to exempt portions of a newly established system
of records titled, ``Department of Homeland Security (DHS)/U.S.
Immigration and Customs Enforcement (ICE)-015 LeadTrac System of
Records'' from certain provisions of the Privacy Act. Specifically, the
Department exempts portions of the ``DHS/ICE-015 LeadTrac 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 November 25, 2016.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Amber Smith, Privacy Officer, (202-732-3300), U.S. Immigration and
Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington,
DC 20536, email: [email protected]. For privacy issues, please
contact: Jonathan R. Cantor (202-1717), Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background
DHS/ICE published a notice of proposed rulemaking in the Federal
Register, 81 FR 153, August 9, 2016, 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/ICE-015 LeadTrac System
of Records. The DHS/ICE-015 LeadTrac System of Records Notice was
published concurrently in the Federal Register, 81 FR 153, August 9,
2016, 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 and no comments on the SORN.
Because DHS received no 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 proposes to amend
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: 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.
0
2. Add paragraph 75 to appendix C to part 5 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
75. The DHS/ICE-015 LeadTrac System of Records consists of
electronic and paper records and will be used by ICE investigative
and homeland security personnel. The DHS/ICE-015 LeadTrac System of
Records is a repository of information held by ICE for analytical
and investigative purposes. The system is used to conduct research
supporting the production of law enforcement activities; provide
lead information for investigative inquiry and follow-up; assist in
the conduct of ICE criminal and administrative investigations;
assist in the disruption of terrorist or other criminal activity;
and discover previously unknown connections among existing ICE
investigations. The DHS/ICE-015 LeadTrac System of Records contains
aggregated data from ICE and DHS law enforcement and homeland
security IT systems, as well as data uploaded by ICE personnel for
analysis from various public, private, and commercial sources during
the course of an investigation or analytical project. The Secretary
of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), has exempted
this system from the following provisions of the Privacy Act: 5
U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g). Additionally,
the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2),
has exempted this system from the following provisions of the
Privacy Act: 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). When a record received from another
system has been exempted in that source system under 5 U.S.C.
552a(j)(2) or (k)(2), 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 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. Disclosure of
corrections or notations of dispute may impede investigations by
requiring DHS to inform each witness or individual contacted during
the investigation of each correction or notation pertaining to
information provided them during the investigation.
(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,
[[Page 85107]]
permitting access and amendment to such information could disclose
classified and other 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 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 establishing 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, 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 (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
Dated: November 17, 2016.
Jonathan Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-28289 Filed 11-23-16; 8:45 am]
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