Rule2021-26618
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
December 9, 2021
Effective
December 9, 2021
Issuing agencies
Homeland Security Department
Abstract
The U.S. Department of Homeland Security is issuing a final rule to amend its regulations to exempt portions of a newly established system of records titled, "DHS/Office of the Immigration Detention Ombudsman (OIDO)-001 Office of the Immigration Detention Ombudsman System of Records" from certain provisions of the Privacy Act. Specifically, the Department exempts portions of the "DHS/Office of the Immigration Detention Ombudsman (OIDO)-001 Office of the Immigration Detention Ombudsman 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 234 (Thursday, December 9, 2021)</title>
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[Federal Register Volume 86, Number 234 (Thursday, December 9, 2021)]
[Rules and Regulations]
[Pages 69977-69978]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-26618]
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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.
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Federal Register / Vol. 86, No. 234 / Thursday, December 9, 2021 /
Rules and Regulations
[[Page 69977]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2021-0045]
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: Final rule.
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SUMMARY: The U.S. Department of Homeland Security is issuing a final
rule to amend its regulations to exempt portions of a newly established
system of records titled, ``DHS/Office of the Immigration Detention
Ombudsman (OIDO)-001 Office of the Immigration Detention Ombudsman
System of Records'' from certain provisions of the Privacy Act.
Specifically, the Department exempts portions of the ``DHS/Office of
the Immigration Detention Ombudsman (OIDO)-001 Office of the
Immigration Detention Ombudsman 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 December 9, 2021.
FOR FURTHER INFORMATION CONTACT: For general and privacy questions,
please contact: Lynn Parker Dupree, (202) 343-1717, <a href="/cdn-cgi/l/email-protection#aafad8c3dccbc9d3eac2db84cec2d984cdc5dc"><span class="__cf_email__" data-cfemail="5505273c2334362c153d247b313d267b323a23">[email protected]</span></a>,
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland
Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
Background
The U.S. Department of Homeland Security (DHS) Office of the
Immigration Detention Ombudsman (OIDO) published a notice of proposed
rulemaking in the Federal Register, 86 FR 49490 (September 3, 2021),
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/OIDO-001 Office of the Immigration Detention Ombudsman System of
Records. The DHS/OIDO-001 Office of the Immigration Detention Ombudsman
System of Records notice was published concurrently in the Federal
Register, 86 FR 49553 (September 3, 2021), and comments were invited on
both the Notice of Proposed Rulemaking (NPRM) and System of Records
Notice (SORN).
OIDO is an independent office 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.
Public Comments
DHS received zero comments on the Notice of Proposed Rulemaking and
zero comments on the System of Records Notice. As such, 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 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. In appendix C to part 5, add paragraph 87 to read as follows''
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
87. 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
[[Page 69978]]
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 law enforcement 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. 2021-26618 Filed 12-8-21; 8:45 am]
BILLING CODE 9112-AS-P
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