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September 19,
2007
Hugo Teufel III
Chief Privacy Officer
Department of Homeland Security
Washington, DC 20528.
Re:
Privacy Act of 1974: Implementation of Exemptions
Office of the Secretary,
Department of Homeland Security.
Notice of proposed rulemaking.
Docket Number: DHS-2007-0050
Dear Mr. Teufel:
In the August 22, 2007, Federal Register, 72 F.R.
46922, the Department of Homeland Security (DHS) proposes to exempt
certain systems of records from subsection (e)(1) of the Privacy
Act. Subsection (e)(1) of the Privacy Act requires that:
Each agency that maintains a system of
records shall -- maintain in its records only such information about an
individual as is relevant and necessary to accomplish a purpose of the
agency required to be accomplished by statute or Executive order of the
President.
5 U.S.C. 552a(e)(1)
DHS proposes to exempt itself from this requirement stating that:
(c) [Exemption] From
subsection (e)(1) (Relevancy and
Necessity of Information) because in the
course of investigations into potential
violations of Federal law, the accuracy of
information obtained or introduced
occasionally may be unclear, or the
information may not be strictly relevant or
necessary to a specific investigation. In the
interests of effective law enforcement, it is
appropriate to retain all information that may
aid in establishing patterns of unlawful
activity.
72 F.R. 46922 (August 22, 2007)
However, DHS provides no rationale for its position that the "interests
of effective law enforcement" requires that information be kept in an
individual's files even though 'the accuracy of the information
obtained or introduced my be unclear, or the information my not be
strictly relevant." In fact, quite the opposite appears to be
true. Effective law enforcement requires accurate and relevant
information on individuals be kept. Inaccurate and irrelevant
information encourages law enforcement to proceed on faulty
information, go off on tangents, and perhaps falsely target innocent
individuals. How inaccurate and irrelevant information may aid in
establishing patterns of unlawful activity as DHS maintains is not self
evident. In fact, inaccurate and irrelevant information would
appear to impede, not help, in the establishment of such patterns.
Inaccurate information and irrelevant information kept on individuals
in a system of records can work to bring those individuals under false
suspicion and could lead to other far reaching harmful consequences
dependent on who has access to the system. It is because of these
dangers that the Privacy Act was enacted in the first place.
Absent some kind of concrete justifications or, at a minimum, examples
illustrating why this action should be taken, there does not appear to
be any reason for this exemption. It would appear to lead to less
effective law enforcement and have potentially far reaching deleterious
effects on the individuals who are the subjects of inaccurate and
irrelevant information.
Sincerely,
Andrew M. Strojny
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