Proposed Rule2021-18797
Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/Office of the Immigration Detention Ombudsman-001 Office of the Immigration Detention Ombudsman System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 3, 2021
Issuing agencies
Homeland Security Department
Abstract
The U.S. Department of Homeland Security (DHS) is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the "DHS/Office of the Immigration Detention Ombudsman (OIDO)-001 Office of the Immigration Detention Ombudsman System of Records" and this proposed rulemaking. In this proposed rulemaking, the Department proposes 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.
Full Text
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<title>Federal Register, Volume 86 Issue 169 (Friday, September 3, 2021)</title>
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[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Proposed Rules]
[Pages 49490-49491]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-18797]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 86, No. 169 / Friday, September 3, 2021 /
Proposed Rules
[[Page 49490]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2021-0029]
Privacy Act of 1974: Implementation of Exemptions; U.S.
Department of Homeland Security/Office of the Immigration Detention
Ombudsman-001 Office of the Immigration Detention Ombudsman System of
Records
AGENCY: Office of the Immigration Detention Ombudsman, U.S. Department
of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The U.S. Department of Homeland Security (DHS) is giving
concurrent notice of a newly established system of records pursuant to
the Privacy Act of 1974 for the ``DHS/Office of the Immigration
Detention Ombudsman (OIDO)-001 Office of the Immigration Detention
Ombudsman System of Records'' and this proposed rulemaking. In this
proposed rulemaking, the Department proposes 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.
DATES: Comments must be received on or before October 4, 2021.
ADDRESSES: You may submit comments, identified by docket number DHS-
2021-0029, by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-343-4010.
<bullet> Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this document. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general and privacy questions,
please contact: Lynn Parker Dupree, (202) 343-1717, <a href="/cdn-cgi/l/email-protection#e7b7958e9186849ea78f96c9838f94c9808891"><span class="__cf_email__" data-cfemail="6a3a18031c0b09132a021b440e0219440d051c">[email protected]</span></a>,
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland
Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) Office of the
Immigration Detention Ombudsman (OIDO) is giving notice that it
proposes to establish a new DHS system of records notice (SORN) titled,
``DHS/OIDO-001 Office of the Immigration Detention Ombudsman System of
Records.'' OIDO is an independent component within DHS tasked with
reviewing and resolving individual complaints and providing independent
oversight of immigration detention facilities, including conducting
announced and unannounced inspections, reviewing contract terms for
immigration detention facilities and services, and making
recommendations and reporting to Congress on findings. OIDO is creating
this system of records to collect and maintain records related to
individual complaints from or about individuals in immigration
detention regarding potential violations of law, individual rights,
standards of professional conduct, contract terms, or policy related to
immigration detention by any officer or employee of CBP or ICE, or any
contracted, subcontracted, or cooperating entity personnel.
Consistent with DHS's information sharing mission, information
stored in the DHS/OIDO-001 Office of the Immigration Detention
Ombudsman System of Records may be shared with other DHS Components
that have a need to know the information to carry out their national
security, law enforcement, immigration, intelligence, or other homeland
security functions. In addition, DHS/OIDO may share information with
appropriate federal, state, local, tribal, territorial, foreign, or
international government agencies consistent with the routine uses set
forth in this system of records notice.
A full description of this new SORN can be found in the Federal
Register.
II. Privacy Act
The fair information practice principles found in the Privacy Act
underpin the statutory framework governing the means by which Federal
Government agencies collect, maintain, use, and disseminate
individuals' records. The Privacy Act applies to information that is
maintained in a ``system of records.'' A ``system of records'' is a
group of any records under the control of an agency from which
information is retrieved by the name of the individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. In the Privacy Act, an individual is defined as U.S.
citizens and lawful permanent residents. Additionally, the Judicial
Redress Act (JRA) provides a statutory right to covered persons to make
requests for access and amendment to covered records, as defined by the
JRA, along with judicial review for denials of such requests. In
addition, the JRA prohibits disclosures of covered records, except as
otherwise permitted by the Privacy Act.
The Privacy Act allows government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for DHS/OIDO-001 Office of the Immigration Detention Ombudsman
System of Records. Information covered by this system of records notice
relates to official DHS national security and law enforcement missions,
and exemptions are needed to protect information relating to DHS
activities from disclosure to subjects or others related to these
activities. Specifically, the exemptions are required to preclude
subjects of these activities from frustrating these processes; to avoid
disclosure of activity techniques; ensure DHS's ability to obtain
information from third parties and other sources; and to protect the
privacy of third parties. Disclosure of information to the subject of
the inquiry could also undermine the entire investigative process.
[[Page 49491]]
In appropriate circumstances, when compliance would not appear to
interfere with or adversely affect the law enforcement purposes of this
system and the overall law enforcement process, the applicable
exemptions may be waived on a case-by-case basis.
A system of records notice for DHS/OIDO-001 Office of the
Immigration Detention Ombudsman System of Records is also published in
this issue of the Federal Register.
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: 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. In appendix C to part 5, add paragraph 86 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
86. The DHS/OIDO-001 Office of the Immigration Detention
Ombudsman System of Records consists of electronic and paper records
and will be used by DHS and its components. The DHS/OIDO-001 Office
of the Immigration Detention Ombudsman 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, and investigations,
inquiries, and proceedings there under. The DHS/OIDO-001 Office of
the Immigration Detention Ombudsman System of Records 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.
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(k)(2) and (k)(5), has exempted this system from the following
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1),
(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). Where a record received
from another system has been exempted in that source system under 5
U.S.C. 552a(j)(2), (k)(2), or (k)(5), 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) (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 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. When an investigation has been completed,
information on disclosures made may continue to be exempted if the
fact that an investigation occurred remains sensitive after
completion.
(b) From subsection (d) (Access and Amendment 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. Further,
permitting amendment to counterintelligence records after an
investigation has been completed would impose an unmanageable
administrative burden. 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 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.
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-18797 Filed 9-2-21; 8:45 am]
BILLING CODE 9112-AS-P
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