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DHS/OS RIN: 1601-AA86 Publication ID: Spring 2019 
Title: External Biometric Records System of Records and its Associated Privacy Act Exemptions 
Abstract:

This system of records allows the DHS to receive, maintain, and disseminate biometric and associated biographic information from non-DHS entities, both foreign and domestic, for the following purposes pursuant to formal or informal information sharing agreements or arrangements (external information), or with the express approval of the entity from which the Department received biometric and associated biographic information: Law enforcement; national security; immigration screening; border enforcement; intelligence; national defense; and background investigations relating to national security positions, credentialing, and certain positions of public trust, consistent with applicable DHS authorities. 

DHS is claiming exemptions from certain requirements of the Privacy Act for DHS/ALL-041 External Biometric Records (EBR) System of Records, under 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5). 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 protect the identities and physical safety of confidential informants and law enforcement personnel; to ensure DHS's ability to obtain information from third parties and other to protect the privacy of third parties; and to safeguard classified information. Disclosure of information to the subject of the inquiry could also permit the subject to avoid detection or apprehension.

 
Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 6 CFR 5, app. C     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 8 U.S.C. 1365(b)    5 U.S.C. 552a(j)(2), 552a(k)(2), and 552a(k)(5)    ...   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  04/28/2018  83 FR 17766   
NPRM Comment Period End  05/24/2018 
Final Rule  10/00/2019 
Final Rule Effective  10/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Jonathan R. Cantor
Acting Chief Privacy Officer
Department of Homeland Security
245 Murray Lane SW, Mail Stop 0655,
Washington, DC 20528-0655
Phone:202 343-1717
Email: privacy@hq.dhs.gov