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DHS/OS RIN: 1601-AA87 Publication ID: Spring 2022 
Title: Privacy Act of 1974: Implementation of Exemptions; DHS/ALL-043 Enterprise Biometric Administrative Records (EBAR) System of Records  
Abstract:

This system of records allows DHS to generate and maintain technical and administrative records associated with the enterprise biometric system known as the Automated Biometric Identification System (IDENT) and its successor system, currently in development, called the Homeland Security Advanced Recognition Technology (HART). In 2007, DHS published the DHS/US-VISIT-001 DHS Automated Biometric Identification System (IDENT), 72 FR 31080 (June 5, 2007) system of records notice (SORN). The IDENT SORN covered biometric holdings for the entire Department. Since then, the Department’s Privacy Act framework and technology for enterprise biometrics has evolved as the Department has matured, and intends to retire the IDENT SORN. The Department, however, still requires a SORN to cover biometrics first collected and received from non-DHS entities. As a result, DHS established DHS/ALL-041 External Biometric Records (EBR), 83 FR 17829 (April 24, 2018) SORN, which governs the maintenance and use of biometrics and associated biographic information received from non-DHS entities that are not covered by an existing DHS Component SORN. The EBAR SORN covers the administrative and technical records associated with IDENT, and its successor HART.

DHS is claiming exemptions from certain requirements of the Privacy Act for this system of records under 5 U.S.C. 552a(j)(2), (k)(2), and (k)(5) 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 sources; 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 
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  03/16/2020  85 FR 14805   
NPRM Comment Period End  04/15/2020 
Notice Comment Period Extended  05/05/2020  85 FR 26709   
Notice Comment Period Extended End  05/19/2020 
Final Rule  10/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, Local, State 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: http://www.regulations.gov   Public Comment URL: http://www.regulations.gov  
RIN Data Printed in the FR: No 
Agency Contact:
Lynn Parker Dupree
Chief Privacy Officer
Department of Homeland Security
Office of the Secretary
Privacy Office, 2701 Martin Luther King Jr Ave SE,
Washington, DC 20001
Phone:202 343-1717
Email: lynn.dupree@hq.dhs.gov