DHS Proposes C-TPAT Exemption to Privacy Act
The Department of Homeland Security (DHS) is proposing to exempt certain information collected through the Customs-Trade Partnership Against Terrorism (C-TPAT) from the Privacy Act, DHS said in a notice of proposed rulemaking. The Privacy Act applies to information that is in a ''system of records,'' and requires approval from an individual to allow for the release of personally identifiable information,. The Privacy Act also allows government agencies to exempt certain records from the access provisions, but requires a notice of proposed rulemaking beforehand.
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DHS is seeking to exempt information learned through the C-TPAT process that relates to official DHS national security, law enforcement, and intelligence activities, the notice said. These exemptions are needed to protect information relating to DHS activities from disclosure to subjects or others related to these activities," it said. "Specifically, the exemptions are required to preclude subjects of these activities from frustrating these processes; to avoid disclosure of activity techniques; and to protect the privacy of third parties. Disclosure of information to the subject of the inquiry could also permit the subject to avoid detection or apprehension."
The Privacy Act requires DHS to maintain an accounting of the disclosures for all routines uses, but disclosing the fact that a law enforcement agency has sought particular records may affect ongoing law enforcement activities, the notice said. The exemptions would apply to C-TPAT data , " including information regarding the possible ineligibility of an applicant for C-TPAT membership discovered during the vetting process and any resulting issue papers," the notice said.
Comments on the proposal are due April 13.
(Federal Register 03/13/13)