[Infowarrior] - DHS Sets Security Secrecy

[Richard Forno]

http://cryptome.org/dhs091206.htm


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[[Page 53609]]



DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 5

[Docket Number 2006-0027]

 
Privacy Act of 1974: Implementation of Exemptions

AGENCY: Office of Security, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Department of Homeland Security is concurrently
establishing a new system of records pursuant to the Privacy Act of
1974 for the Office of Security entitled the ``Office of Security File
System.'' This system of records will support the administration of a
program that provides security for the Department by safeguarding and
protecting the Department's personnel, property, facilities and
information.
    In this proposed rulemaking, the Department proposes to exempt
portions of this system of records from one or more provisions of the
Privacy Act because of criminal, civil and administrative enforcement
requirements.

DATES: Comments must be received on or before October 12, 2006.



SUPPLEMENTARY INFORMATION:

Background

    Elsewhere in the Federal Register, the Department of Homeland
Security (DHS) is publishing a Privacy Act system of records notice
describing records in the file system of its Office of Security. DHS
established the Office of Security to protect and safeguard the
Department's personnel, property, facilities, and information. The
Office of Security develops, coordinates, implements, and oversees the
Department's security policies, programs, and standards; delivers
security training and education to DHS personnel; and provides security
support to DHS components when necessary. In addition, the Office of
Security coordinates and collaborates with the Intelligence Community
on security issues and the protection of information. The Office of
Security works to integrate security into every aspect of the
Department's operations.
    The Office of Security File System consists of records relating to
the management and operation of the DHS personnel security and
suitability program, including but not limited to, completed standard
form questionnaires issued by the Office of Personnel Management and
other information related to an individual's eligibility for access to
classified or sensitive information.
    This system contains records pertaining to numerous categories of
individuals including DHS personnel who may be a subject of a counter-
terrorism, or counter-espionage, or law enforcement investigation;
senders of unsolicited communications that raise a security concern to
the Department or its personnel; state and local government personnel
and private-sector individuals who serve on an advisory committee and
board sponsored by DHS; and state and local government personnel and
private-sector individuals who are authorized by DHS to access
sensitive or classified homeland security information, classified
facilities, communications security equipment, and information
technology systems that process national or homeland security
classified information. The information in this system also relates to
official Security investigations and law enforcement activities.
    Accordingly, DHS proposes to exempt this system, in part, from
certain provisions of the Privacy Act and to add that exemption to
Appendix C to Part 5, DHS Systems of Records Exempt from the Privacy
Act. The DHS Office of Security needs this exemption in order to
protect information relating to Security investigations from disclosure
to subjects of investigations and others who could interfere with the
Office of Security's investigatory and law enforcement activities.
Specifically, the exemptions are required to preclude subjects of
investigations from frustrating the investigative process; to avoid
disclosure of investigative techniques; protect the identities and
physical safety of confidential informants and of law enforcement
personnel; ensure the Office of Security's ability to obtain
information from third parties and other sources; protect the privacy
of third parties; and safeguard classified information. Disclosure of
information to the subject of the inquiry could also permit the subject
to avoid detection or apprehension.
    In addition, because the Office of Security investigations arise
out of DHS programs and activities, information in this system of
records may pertain to national security and related law enforcement
matters. In such cases, allowing access to such information could alert
subjects of the Office of Security investigations into actual or
potential criminal, civil, or regulatory violations, and could reveal
in an untimely manner, the Office of Security's and other agencies'
investigative interests in law enforcement efforts to preserve national
security.
    The exemptions proposed here are standard law enforcement and
national security exemptions exercised by a large number of Federal law
enforcement and intelligence 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.

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http://cryptome.org/dhs091206.htm