Rule2022-01559
Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/Office of Inspector General-002 Investigative Records 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
January 27, 2022
Effective
January 27, 2022
Issuing agencies
Homeland Security Department
Abstract
The U.S. Department of Homeland Security (DHS) is issuing a final rule to amend its regulations to exempt portions of a modified system of records titled, "DHS/Office of Inspector General (OIG)-002 Investigative Records System of Records" from certain provisions of the Privacy Act. Specifically, the Department exempts 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 87 Issue 18 (Thursday, January 27, 2022)</title>
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[Federal Register Volume 87, Number 18 (Thursday, January 27, 2022)]
[Rules and Regulations]
[Pages 4125-4126]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-01559]
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Rules and Regulations
Federal Register
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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. 87, No. 18 / Thursday, January 27, 2022 /
Rules and Regulations
[[Page 4125]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2022-0007]
Privacy Act of 1974: Implementation of Exemptions; U.S.
Department of Homeland Security/Office of Inspector General-002
Investigative Records System of Records
AGENCY: Office of Inspector General, U.S. Department of Homeland
Security.
ACTION: Final rule.
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SUMMARY: The U.S. Department of Homeland Security (DHS) is issuing a
final rule to amend its regulations to exempt portions of a modified
system of records titled, ``DHS/Office of Inspector General (OIG)-002
Investigative Records System of Records'' from certain provisions of
the Privacy Act. Specifically, the Department exempts portions of the
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 January 27, 2022.
FOR FURTHER INFORMATION CONTACT: For general and privacy questions,
please contact: Lynn Parker Dupree, (202) 343-1717, <a href="/cdn-cgi/l/email-protection#5b0b29322d3a38221b332a753f3328753c342d"><span class="__cf_email__" data-cfemail="4b1b39223d2a28320b233a652f2338652c243d">[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 Inspector
General (OIG) published a notice of proposed rulemaking in the Federal
Register, 86 FR 58226 (October 21, 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/OIG-002 Investigative
Records System of Records. The DHS/OIG-002 Investigative Records System
of Records notice was published concurrently in the Federal Register,
86 FR 58292 (October 21, 2021), and comments were invited on both the
Notice of Proposed Rulemaking (NPRM) and System of Records Notice
(SORN).
DHS OIG is responsible for a wide range of oversight functions,
including to initiate, conduct, supervise, and coordinate audits,
investigations, inspections, and other reviews relating to the programs
and operations of DHS. The DHS/OIG-002 Investigative Records System of
Records assists DHS OIG with receiving and processing allegations of
misconduct, including violations of criminal and civil laws, as well as
administrative policies and regulations pertaining to DHS employees,
contractors, grantees, and other individuals and entities within DHS.
The system includes complaints and investigation-related files. DHS OIG
manages information provided during the course of its investigations
to: Create records showing dispositions of allegations; audit actions
taken by DHS management regarding employee misconduct; audit legal
actions taken following referrals to the U.S. Department of Justice
(DOJ) for criminal prosecution or civil action; calculate and report
statistical information; manage OIG investigators' training; and manage
Government-issued investigative property and other resources used for
investigative activities.
Public Comments
DHS received one comment on the System of Records Notice and zero
comments on the Notice of Proposed Rulemaking. The comment received was
in agreement with the Department moving forward with the rulemaking and
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, revise section 5 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
5. The DHS/OIG-002 Investigative Records System of Records
consists of electronic and paper records and will be used by DHS and
its components. The DHS/OIG-002 Investigative Records 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;
investigations, inquiries, and proceedings there under; national
security and intelligence activities; and protection of the
President of the U.S. or other individuals pursuant to Section 3056
and 3056A of Title 18. The DHS/OIG-002 Investigative Records 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(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)(1). Additionally, the Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(1), (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). 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 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
[[Page 4126]]
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 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 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), (H), and (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.
(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.
(j) From subsection (g)(1) (Civil Remedies) to the extent that
the system is exempt from other specific subsections of the Privacy
Act.
* * * * *
Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2022-01559 Filed 1-26-22; 8:45 am]
BILLING CODE 9110-9B-P
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