Rule2022-02004
Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security U.S. Customs and Border Protection-014 Regulatory Audit Archive System (RAAS) 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
February 4, 2022
Effective
February 4, 2022
Issuing agencies
Homeland Security Department
Abstract
The U.S. Department of Homeland Security (DHS) is issuing a final rule to extend the exemptions from certain provisions of the Privacy Act to the updated and reissued system of records titled, "DHS/U.S. Customs and Border Protection-014 Regulatory Audit Archive System (RAAS) System of Records." Specifically, the Department exempts portions of this 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 24 (Friday, February 4, 2022)</title>
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[Federal Register Volume 87, Number 24 (Friday, February 4, 2022)]
[Rules and Regulations]
[Pages 6403-6404]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02004]
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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. 24 / Friday, February 4, 2022 / Rules
and Regulations
[[Page 6403]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. USCBP-2021-0050]
Privacy Act of 1974: Implementation of Exemptions; Department of
Homeland Security U.S. Customs and Border Protection-014 Regulatory
Audit Archive System (RAAS) System of Records
AGENCY: U.S. Customs and Border Protection, 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 extend the exemptions from certain provisions of the
Privacy Act to the updated and reissued system of records titled,
``DHS/U.S. Customs and Border Protection-014 Regulatory Audit Archive
System (RAAS) System of Records.'' Specifically, the Department exempts
portions of this 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 February 4, 2022.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Debra Danisek, <a href="/cdn-cgi/l/email-protection#1d4d6f746b7c7e64335e5f4d5d7e7f6d3379756e337a726b"><span class="__cf_email__" data-cfemail="1d4d6f746b7c7e64335e5f4d5d7e7f6d3379756e337a726b">[email protected]</span></a>, (202) 344-1610, CBP Privacy
Officer, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue
NW, Washington, DC 20229. For privacy issues please contact: Lynn
Parker Dupree, <a href="/cdn-cgi/l/email-protection#de8eacb7a8bfbda79eb6aff0bab6adf0b9b1a8"><span class="__cf_email__" data-cfemail="bdedcfd4cbdcdec4fdd5cc93d9d5ce93dad2cb">[email protected]</span></a>, (202-343-1717), Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) U.S. Customs and
Border Protection (CBP) published a notice of proposed rulemaking in
the Federal Register, 81 FR 19932, April 6, 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. DHS reissued the ``DHS/CBP-014 Regulatory Audit Archive
System (RAAS) System of Records'' in the Federal Register at 81 FR
19985, April 6, 2016, to provide notice to the public that DHS/CBP was
updating the categories of records to include the capture of Employer
Identification Numbers (EIN) or Social Security numbers (SSN), also
known as a Federal Taxpayer Identifying Number, pursuant to 19 CFR
24.5, 19 CFR 149.3, and Executive Order 9397, as amended by Executive
Order 13748.
DHS is revising the previously claimed exemptions from certain
requirements of the Privacy Act for DHS/CBP-014 Regulatory Audit
Archive System (RAAS) System of Records. DHS/CBP is not requesting an
exemption with respect to information maintained in the system as it
relates to data submitted by or on behalf of a subject of an audit. The
Privacy Act requires DHS to maintain an accounting of the disclosures
made pursuant to all routines uses. Disclosing the fact that a law
enforcement or intelligence agency has sought particular records may
affect ongoing law enforcement activity. Therefore, pursuant to 5
U.S.C. 552a(k)(2), DHS will claim exemption from section (c)(3) of the
Privacy Act of 1974, as amended, as is necessary and appropriate to
protect this information.
Some information in DHS/CBP-014 Regulatory Audit Archive System
(RAAS) System of Records relates to official DHS law enforcement
activities. These exemptions are needed to protect information relating
to DHS law enforcement 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; to protect the
identities and physical safety of confidential informants and law
enforcement personnel; to ensure DHS's ability to obtain information
from third parties and other sources; to protect the privacy of third
parties; and to safeguard classified information. Disclosure of
information to the subject of the inquiry could also permit the subject
to avoid detection or apprehension.
The exemption proposed here is a standard law enforcement exemption
exercised by a large number of federal law enforcement agencies. In
appropriate circumstances, where 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.
DHS/CBP invited comments on both the Notice of Proposed Rulemaking
(NPRM) and System of Records Notice (SORN).
II. Public Comments
DHS received no comments on the NPRM or the SORN and 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 25 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
25. The U.S. Department of Homeland Security (DHS)/U.S. Customs and
Border Protection (CBP)-014 Regulatory Audit Archive System (RAAS)
System of Records consists of electronic and paper records and will be
used by DHS and its Components. The DHS/CBP-014 RAAS 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.
[[Page 6404]]
The DHS/CBP-014 RAAS 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), has exempted this system from the
following provisions of the Privacy Act: 5 U.S.C. 552a(c)(3).
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/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) [Reserved]
* * * * *
Lynn P. Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2022-02004 Filed 2-3-22; 8:45 am]
BILLING CODE 9111-14-P
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