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Proposed Rules
Federal Register Vol. 86, No. 169
Friday, September 3, 2021

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.

For general and privacy questions, please contact: Lynn Parker Dupree, 202 343
1717, Privacy@hq.dhs.gov, Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC
205280655.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary 6 CFR Part 5
Docket No. DHS20210029

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 Office of the Immigration Detention Ombudsman, U.S.
Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:

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 OIDO001 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.

SUMMARY:

Comments must be received on or before October 4, 2021.
ADDRESSES: You may submit comments, identified by docket number DHS
20210029, by one of the following methods:
Federal e-Rulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 2023434010.
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
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DATES:

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without change to http
www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background documents or comments received, go to http
www.regulations.gov.

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/
OIDO001 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 DHSs information sharing mission, information stored in the DHS/OIDO001 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
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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/OIDO001 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 DHSs 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.

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