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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
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security, law enforcement, immigration, intelligence, or other homeland security functions. In addition, DHS/ICE 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.
II. Privacy Act The Privacy Act embodies fair information practice principles in a 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 to encompass U.S.
citizens and lawful permanent residents. Additionally, and similarly, 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 and provide an opportunity for public comment.
DHS is claiming exemptions from certain requirements of the Privacy Act for DHS/ICE018 Analytical Records System of Records. Some information in DHS/ICE018 Analytical Records System of Records relates to official DHS national security, law enforcement, immigration, and intelligence activities.
These 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; to protect the identities and physical safety of confidential informants and law enforcement personnel; to ensure DHS
ability to obtain information from third parties and other sources; to protect the privacy of third parties; and to safeguard
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classified information. Disclosure of information to the subject of the inquiry could also permit the subject to avoid detection or apprehension.
In appropriate circumstances, when 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.
A system of records notice for DHS/
ICE018 Analytical Records System of Records is also published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information; Privacy.
For the reasons stated in the preamble, DHS proposes to amend 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.

2. In appendix C to part 5, add paragraph 85 to read as follows:

Appendix C to Part 5DHS Systems of Records Exempt From the Privacy Act

85. The DHS/ICE018 Analytical Records System of Records consists of electronic and paper records and will be used by DHS and its components. The DHS/ICE018 Analytical 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 thereunder; and national security and intelligence activities.
The DHS/ICE018 Analytical 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. 552aj2, has exempted this system from the following provisions of the Privacy Act: 5 U.S.C. 552ac3, c4, d, e1, e2, e3, e4G, e4H, e4I, e5, e8, f, and g.
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a k2, has exempted this system from the following provisions of the Privacy Act: 5 U.S.C.
552ac3, d, e1, e4G, e4H, and f. Where a record received from another system has been exempted in that source system under 5 U.S.C. 552aj2, DHS will claim the same exemptions for those records that are claimed for the original primary systems of records from which they
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originated and claims any additional exemptions set forth here.
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 c3 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 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 e1 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 e2 Collection of Information Directly 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 e3 Notice to Subjects because providing such detailed information could impede law enforcement by compromising the existence of a confidential investigation or reveal the
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