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DHS/OS RIN: 1601-AA00 Publication ID: Spring 2008 
Title: Freedom of Information Act and Privacy Act Procedures 
Abstract: This rulemaking action will revise 6 CFR part 5, which contains the Department of Homeland Security’s (DHS) Freedom of Information Act (5 U.S.C. 552) (FOIA) and Privacy Act (5 U.S.C. 552a) interim final regulations. The interim final regulations will remain in place during the rulemaking process. This rulemaking action will completely replace DHS’s interim final regulations implementing the FOIA, and will change in several respects DHS’s interim final regulations implementing the Privacy Act. Changed Privacy Act regulatory provisions will include, among others, those dealing with information subject to Privacy Act exemptions and procedures for verification of the identity of Privacy Act requesters, and a provision will be added regarding the Department’s policy decision to extend the administrative protections of the Privacy Act to non- U.S. persons. Every component of the Department will be subject to the FOIA and Privacy Act regulations. FOIA provides for the disclosure of agency records to the public unless that information is exempt under clearly delineated statutory language. The Privacy Act regulates the collection, maintenance, use, and dissemination of Personally Identifiable Information (PII) maintained by agencies and departments of the Executive Branch, including the DHS. The procedures established here assist the Department in satisfying its responsibilities to the public to disclose Departmental information while at the same time safeguarding individual privacy. 
Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 6 CFR 5   
Legal Authority: PL 107-296, 116 Stat 2135    5 USC 301    5 USC 552 to 552a   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Interim Final Rule  01/27/2003  68 FR 4056   
Interim Final Rule Effective  01/27/2003    
Interim Final Rule Comment Period End  02/26/2003    
NPRM  08/00/2008    
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Hugo Teufel III
Chief Privacy Officer
Department of Homeland Security
Washington, DC 20528
Phone:703 235-0780
Fax:703 235-0442
Email: hugo.teufel@dhs.gov