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HHS/ACF RIN: 0970-AD15 Publication ID: Fall 2024 
Title: ●Privacy Act; Implementation 
Abstract:

Related to the publication of a Systems of Record Notice (SORN) for the collection of data relating to ORR’s Interim Final Rule (IFR) for Investigations of Child Abuse and Neglect, ORR will concurrently publish an exemption to this system of records from certain requirements of the Privacy Act as permitted by 5 U.S.C. 552a(k)(2). The new system of records will include both criminal and non-criminal (e.g., civil, administrative, regulatory) law enforcement investigatory records which will be retrieved by subject individuals’ personal identifiers. Such records are eligible for exemptions based on 5 U.S.C. 552a(k)(2) (which broadly interprets the term enforcement of criminal laws), and HHS/ACF is exempting them from requirements of the Privacy Act, which require the agency to provide an accounting of disclosures; provide notification, access, and amendment rights; maintain only relevant and necessary information authorized by a statute or Executive Order; establish and describe procedures whereby an individual can be notified if a system of records contains information pertaining to that individual and how to gain access to pertinent records; identify categories of record sources; and promulgate rules regarding these procedures. The effect of the access exemption on a subject individual’s access rights will be limited as required by subsection (k)(2) to information that would reveal the identity of a source who was expressly promised confidentiality in any cases in which the agency’s maintenance of the records results in denial of a federal right, privilege, or benefit to or for which the individual would otherwise be entitled or eligible.

 
Agency: Department of Health and Human Services(HHS)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 45 CFR 410   
Legal Authority: 5 U.S.C. 552a(r)    5 U.S.C. 552a(k)(2)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  12/00/2024 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Toby Biswas
Director of UC Policy, Office of Refugee Resettlement, Unaccompanied Children Bureau
Department of Health and Human Services
Administration for Children and Families
330 C Street SW,
Washington, DC 20201
Phone:202 555-4400
Email: toby.biswas@acf.hhs.gov