81 FR 14947 - Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-007 Border Crossing Information System of Records
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary Federal Register Volume 81, Issue 54 (March 21, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 54 (March 21, 2016)
| Page Range | 14947-14948 | |
| FR Document | 2016-06233 |
[Federal Register Volume 81, Number 54 (Monday, March 21, 2016)] [Rules and Regulations] [Pages 14947-14948] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06233] ======================================================================== 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. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Rules and Regulations [[Page 14947]] DEPARTMENT OF HOMELAND SECURITY Office of the Secretary 6 CFR Part 5 [Docket No. DHS-2016-0016] Privacy Act of 1974: Implementation of Exemptions; Department of Homeland Security/U.S. Customs and Border Protection-007 Border Crossing Information System of Records AGENCY: Privacy Office, Department of Homeland Security. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The 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 (CBP)-007 Border Crossing Information System of Records.'' Specifically, the Department exempts portions of the ``DHS/CBP-007 Border Crossing Information 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 March 21, 2016. FOR FURTHER INFORMATION CONTACT: For general questions, please contact: John Connors, (202) 344-1610, Privacy Officer, U.S. Customs and Border Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue NW., Washington, DC 20229. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. SUPPLEMENTARY INFORMATION: I. Background The Department of Homeland Security (DHS) U.S. Customs and Border Protection (CBP) published a notice of proposed rulemaking in the Federal Register, 80 FR 79487, Dec. 22, 2015, 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-007 Border Crossing Information (BCI) System of Records in the Federal Register on May 11, 2015 (80 FR 26937), to provide notice to the public that DHS/CBP was updating the categories of records to include the capture of certain biometric information and Advance Passenger Information System (APIS) records at the border. This final rule exempts portions of the new categories of records ingested from APIS that are claimed for APIS records pursuant to 5 U.S.C. 552a(j)(2) and 5 U.S.C. 552a(k)(2). II. Public Comments DHS received no comments on the NPRM 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: 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. In appendix C to part 5, revise paragraph 46 to read as follows: Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy Act * * * * * 46. The DHS/CBP-007 Border Crossing Information System of Records consists of electronic and paper records and will be used by DHS and its Components. The DHS/CBP-007 Border Crossing Information 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 thereunder; and law enforcement, border security, and intelligence activities. The DHS/CBP-007 Border Crossing Information 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. At the time of border crossing and during the process of determining admissibility, CBP collects two types of data for which it claims different exemptions. (a) CBP will not assert any exemption to limit an individual from accessing or amending his or her record with respect to information maintained in the system that is collected from a person at the time of crossing and submitted by that person's air, sea, bus, or rail carriers. The Privacy Act requires DHS to maintain an accounting of the disclosures made pursuant to all routine uses. Pursuant to 5 U.S.C. 552a(j)(2), CBP will not disclose the fact that a law enforcement or intelligence agency has sought particular records because it may affect ongoing law enforcement activities. The Secretary of Homeland Security has exempted this system from subsections (c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as is necessary and appropriate to protect this information. Further, DHS will claim exemption from subsection (c)(3) of the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(k)(2) as is necessary and appropriate to protect this information. 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: (i) 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 [[Page 14948]] 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. (ii) 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. (iii) From subsection (g) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. (b) Additionally, this system contains records or information recompiled from or created from information contained in other systems of records that are exempt from certain provisions of the Privacy Act. For these records or information only, 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)(1)-(4); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5) and (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); (d)(1)-(4); (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: (i) From subsection (c)(3) and (c)(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. (ii) From subsection (d) (Access to Records) because access to the 6records 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, 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. (iii) 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. (iv) 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. (v) 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. (vi) 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, potential witnesses, and confidential informants. (vii) 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. (viii) 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. (ix) From subsection (g) (Civil Remedies) to the extent that the system is exempt from other specific subsections of the Privacy Act. * * * * * Dated: March 2, 2016. Karen L. Neuman, Chief Privacy Officer, Department of Homeland Security. [FR Doc. 2016-06233 Filed 3-18-16; 8:45 am] BILLING CODE 9111-14-P
![14947
Rules and Regulations Federal Register
Vol. 81, No. 54
Monday, March 21, 2016
This section of the FEDERAL REGISTER I. Background including, but not limited to the
contains regulatory documents having general enforcement of civil and criminal laws;
The Department of Homeland
applicability and legal effect, most of which investigations, inquiries, and
are keyed to and codified in the Code of Security (DHS) U.S. Customs and
Border Protection (CBP) published a proceedings thereunder; and law
Federal Regulations, which is published under enforcement, border security, and
50 titles pursuant to 44 U.S.C. 1510. notice of proposed rulemaking in the
Federal Register, 80 FR 79487, Dec. 22, intelligence activities. The DHS/CBP–
The Code of Federal Regulations is sold by 2015, proposing to exempt portions of 007 Border Crossing Information System
the Superintendent of Documents. Prices of the system of records from one or more of Records contains information that is
new books are listed in the first FEDERAL provisions of the Privacy Act because of collected by, on behalf of, in support of,
REGISTER issue of each week. or in cooperation with DHS and its
criminal, civil, and administrative
enforcement requirements. DHS Components and may contain
reissued the DHS/CBP–007 Border personally identifiable information
DEPARTMENT OF HOMELAND collected by other Federal, State, local,
Crossing Information (BCI) System of
SECURITY tribal, foreign, or international
Records in the Federal Register on May
11, 2015 (80 FR 26937), to provide government agencies. At the time of
Office of the Secretary border crossing and during the process
notice to the public that DHS/CBP was
updating the categories of records to of determining admissibility, CBP
6 CFR Part 5 collects two types of data for which it
include the capture of certain biometric
information and Advance Passenger claims different exemptions.
[Docket No. DHS–2016–0016] (a) CBP will not assert any exemption
Information System (APIS) records at
the border. This final rule exempts to limit an individual from accessing or
Privacy Act of 1974: Implementation of amending his or her record with respect
Exemptions; Department of Homeland portions of the new categories of records
ingested from APIS that are claimed for to information maintained in the system
Security/U.S. Customs and Border that is collected from a person at the
Protection-007 Border Crossing APIS records pursuant to 5 U.S.C.
552a(j)(2) and 5 U.S.C. 552a(k)(2). time of crossing and submitted by that
Information System of Records person’s air, sea, bus, or rail carriers.
II. Public Comments The Privacy Act requires DHS to
AGENCY: Privacy Office, Department of
Homeland Security. DHS received no comments on the maintain an accounting of the
NPRM and will implement the disclosures made pursuant to all routine
ACTION: Final rule. uses. Pursuant to 5 U.S.C. 552a(j)(2),
rulemaking as proposed.
CBP will not disclose the fact that a law
SUMMARY: The Department of Homeland List of Subjects in 6 CFR Part 5 enforcement or intelligence agency has
Security (DHS) is issuing a final rule to sought particular records because it may
Freedom of information, Privacy.
extend the exemptions from certain affect ongoing law enforcement
provisions of the Privacy Act to the For the reasons stated in the
preamble, DHS amends chapter I of title activities. The Secretary of Homeland
updated and reissued system of records Security has exempted this system from
titled, ‘‘DHS/U.S. Customs and Border 6, Code of Federal Regulations, as
follows: subsections (c)(3), (e)(8), and (g) of the
Protection (CBP)-007 Border Crossing Privacy Act of 1974, as amended, as is
Information System of Records.’’ PART 5—DISCLOSURE OF RECORDS necessary and appropriate to protect
Specifically, the Department exempts AND INFORMATION this information. Further, DHS will
portions of the ‘‘DHS/CBP–007 Border claim exemption from subsection (c)(3)
Crossing Information System of ■ 1. The authority citation for part 5 of the Privacy Act of 1974, as amended,
Records’’ from one or more provisions continues to read as follows: pursuant to 5 U.S.C. 552a(k)(2) as is
of the Privacy Act because of criminal, necessary and appropriate to protect
Authority: Pub. L. 107–296, 116 Stat. 2135;
civil, and administrative enforcement (6 U.S.C. 101 et seq.); 5 U.S.C. 301. Subpart this information. Exemptions from these
requirements. A also issued under 5 U.S.C. 552. Subpart B particular subsections are justified, on a
DATES: This final rule is effective March also issued under 5 U.S.C. 552a. case-by-case basis to be determined at
21, 2016. ■ 2. In appendix C to part 5, revise the time a request is made, for the
paragraph 46 to read as follows: following reasons:
FOR FURTHER INFORMATION CONTACT: For
(i) From subsection (c)(3) (Accounting
general questions, please contact: John Appendix C to Part 5—DHS Systems of for Disclosures) because release of the
Connors, (202) 344–1610, Privacy Records Exempt From the Privacy Act accounting of disclosures could alert the
Officer, U.S. Customs and Border
* * * * * subject of an investigation of an actual
Protection, Privacy and Diversity Office,
46. The DHS/CBP–007 Border or potential criminal, civil, or regulatory
1300 Pennsylvania Avenue NW.,
Crossing Information System of Records violation to the existence of that
Washington, DC 20229. For privacy
consists of electronic and paper records investigation and reveal investigative
Lhorne on DSK5TPTVN1PROD with RULES
questions, please contact: Karen L.
and will be used by DHS and its interest on the part of DHS as well as
Neuman, (202) 343–1717, Chief Privacy
Components. The DHS/CBP–007 Border the recipient agency. Disclosure of the
Officer, Privacy Office, Department of
Crossing Information System of Records accounting would therefore present a
Homeland Security, Washington, DC
is a repository of information held by serious impediment to law enforcement
20528.
DHS in connection with its several and efforts and/or efforts to preserve
SUPPLEMENTARY INFORMATION: varied missions and functions national security. Disclosure of the
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![14948 Federal Register / Vol. 81, No. 54 / Monday, March 21, 2016 / Rules and Regulations
accounting would also permit the criminal, civil, or regulatory violation to (vii) From subsection (e)(5)
individual who is the subject of a record the existence of that investigation and (Collection of Information) because with
to impede the investigation, to tamper reveal investigative interest on the part the collection of information for law
with witnesses or evidence, and to of DHS or another agency. Access to the enforcement purposes, it is impossible
avoid detection or apprehension, which records could permit the individual to determine in advance what
would undermine the entire who is the subject of a record to impede information is accurate, relevant, timely,
investigative process. the investigation, and to avoid detection and complete. Compliance with
(ii) From subsection (e)(8) (Notice on or apprehension. Amendment of the subsection (e)(5) would preclude DHS
Individuals) because compliance would records could interfere with ongoing agents from using their investigative
interfere with DHS’s ability to obtain, investigations and law enforcement training and exercise of good judgment
serve, and issue subpoenas, warrants, activities and would impose an to both conduct and report on
and other law enforcement mechanisms unreasonable administrative burden by investigations.
that may be filed under seal and could requiring investigations to be (viii) From subsection (e)(8) (Notice
result in disclosure of investigative continually reinvestigated. In addition, on Individuals) because compliance
techniques, procedures, and evidence. permitting access and amendment to would interfere with DHS’s ability to
(iii) From subsection (g) (Civil such information could disclose obtain, serve, and issue subpoenas,
Remedies) to the extent that the system security-sensitive information that warrants, and other law enforcement
is exempt from other specific could be detrimental to homeland mechanisms that may be filed under
subsections of the Privacy Act. security. seal and could result in disclosure of
(b) Additionally, this system contains (iii) From subsection (e)(1) (Relevancy investigative techniques, procedures,
records or information recompiled from and evidence.
and Necessity of Information) because
or created from information contained (ix) From subsection (g) (Civil
in the course of investigations into
in other systems of records that are Remedies) to the extent that the system
potential violations of federal law, the
exempt from certain provisions of the is exempt from other specific
accuracy of information obtained or
Privacy Act. For these records or subsections of the Privacy Act.
introduced occasionally may be unclear,
information only, the Secretary of
or the information may not be strictly * * * * *
Homeland Security, pursuant to 5
relevant or necessary to a specific
U.S.C. 552a(j)(2), has exempted this Dated: March 2, 2016.
investigation. In the interests of effective
system from the following provisions of Karen L. Neuman,
law enforcement, it is appropriate to
the Privacy Act: 5 U.S.C. 552a(c)(3), Chief Privacy Officer, Department of
(c)(4); (d)(1)–(4); (e)(1), (e)(2), (e)(3), retain all information that may aid in
Homeland Security.
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5) and establishing patterns of unlawful
activity. [FR Doc. 2016–06233 Filed 3–18–16; 8:45 am]
(e)(8); (f); and (g). Additionally, the BILLING CODE 9111–14–P
Secretary of Homeland Security, (iv) From subsection (e)(2) (Collection
pursuant to 5 U.S.C. 552a(k)(2), has of Information from Individuals)
exempted this system from the because requiring that information be
DEPARTMENT OF HOMELAND
following provisions of the Privacy Act, collected from the subject of an
SECURITY
5 U.S.C. 552a(c)(3); (d)(1)–(4); (e)(1), investigation would alert the subject to
(e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). the nature or existence of the 8 CFR Part 234
Exemptions from these particular investigation, thereby interfering with
subsections are justified, on a case-by- that investigation and related law U.S. Customs and Border Protection
case basis to be determined at the time enforcement activities.
a request is made, for the following (v) From subsection (e)(3) (Notice to 19 CFR Part 122
reasons: Subjects) because providing such
(i) From subsection (c)(3) and (c)(4) detailed information could impede law
[USCBP–2016–0015; CBP Dec 16–06]
(Accounting for Disclosures) because enforcement by compromising the
release of the accounting of disclosures existence of a confidential investigation
or reveal the identity of witnesses or RIN 1651–AB10
could alert the subject of an
investigation of an actual or potential confidential informants.
Flights to and From Cuba
criminal, civil, or regulatory violation to (vi) From subsections (e)(4)(G),
the existence of that investigation and (e)(4)(H), and (e)(4)(I) (Agency AGENCY: U.S. Customs and Border
reveal investigative interest on the part Requirements) and (f) (Agency Rules), Protection, DHS.
of DHS as well as the recipient agency. because portions of this system are ACTION: Interim final rule; request for
Disclosure of the accounting would exempt from the individual access comments.
therefore present a serious impediment provisions of subsection (d) for the
to law enforcement efforts and/or efforts reasons noted above, and therefore DHS SUMMARY: Current U.S. Customs and
to preserve national security. Disclosure is not required to establish Border Protection (CBP) regulations
of the accounting would also permit the requirements, rules, or procedures with contain a separate subpart O addressing
individual who is the subject of a record respect to such access. Providing notice flights to and from Cuba. The provisions
to impede the investigation, to tamper to individuals with respect to existence in that subpart are either obsolete due
with witnesses or evidence, and to of records pertaining to them in the to intervening regulatory changes or are
avoid detection or apprehension, which system of records or otherwise setting duplicative of regulations applicable to
would undermine the entire up procedures pursuant to which all other similarly situated international
Lhorne on DSK5TPTVN1PROD with RULES
investigative process. individuals may access and view flights. This rule therefore amends the
(ii) From subsection (d) (Access to records pertaining to themselves in the regulations by removing subpart O.
Records) because access to the 6records system would undermine investigative These amendments are consistent with
contained in this system of records efforts and reveal the identities of the President’s policy promoting the
could inform the subject of an witnesses, potential witnesses, and normalization of relations between the
investigation of an actual or potential confidential informants. United States and Cuba.
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Document Created: 2016-03-19 01:00:18
Document Modified: 2016-03-19 01:00:18
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective March 21, 2016. | |
| Contact | For general questions, please contact: John Connors, (202) 344-1610, Privacy Officer, U.S. Customs and Border Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue NW., Washington, DC 20229. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528. | |
| FR Citation | 81 FR 14947 | |
| CFR Associated | Freedom of Information and Privacy |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR