Federal Register - December 9, 2021
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Source: Federal Register
69977
Rules and Regulations
Federal Register Vol. 86, No. 234
Thursday, December 9, 2021
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.
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary 6 CFR Part 5
Docket No. DHS20210045
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.
AGENCY:
ACTION:
Final rule.
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 OIDO001 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 OIDO001
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.
SUMMARY:
This final rule is effective December 9, 2021.
DATES:
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.
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FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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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/OIDO001 Office of the Immigration Detention Ombudsman System of Records. The DHS/OIDO001 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 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 consistent with the routine uses set forth in this system of records notice.
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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 5DISCLOSURE OF RECORDS
AND INFORMATION
1. The authority citation for part 5
continues to read as follows:
Authority: 6 U.S.C. 101 et seq.; Pub. L.
107296, 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.
2. In appendix C to part 5, add paragraph 87 to read as follows
Appendix C to Part 5DHS Systems of Records Exempt From the Privacy Act
87. The DHS/OIDO001 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/OIDO001 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/OIDO001 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. 552ak2 and k5, has exempted this system from the following provisions of the Privacy Act: 5 U.S.C.
552ac3; d; e1, e4G, e4H, e4I; and f. Where a record received from another system has been exempted in that source system under 5 U.S.C. 552aj2, k2, or k5, 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
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