Comment Submitted by Joe S. Simones

This comment is in regards to the proposed rule change by the Department of Homeland Security identified by docket number DHS-2009-0095. Currently there are efforts being made to update information to a reissued system of records pursuant to the Privacy Act of 1974 for the Department of Homeland Security. While this effort is efficient and valuable I have read over DHS-2009-0095 and found a couple items concerning. Overall the exemptions that DHS-2009-0095 seeks from the Privacy Act of 1974 are necessary and concurrent with common exemptions sought by law enforcement agencies nationally. There is a need to keep such information secure when that information could alert an individual to an ongoing investigation or file against that person. The items that are concerning to this citizen are those found under Part 5, DHS Systems of Records Exempt From the Privacy Act, subsection (e) (5) (Collection of Information) where the exempt states that because “in the collection of information for law enforcement purposes, it is imposible to determine in advance what information is accurate, relevant, timely, and complete. Compliance with (e) (5) would preclude DHS agents from using their investigative training and exercise of good judgment to both conduct and report on investigations.” That coupled with the filing under Civil Remedies, Part 5 subsection (g) where an exemption is sought that prevents DHS from creating a remedy for individuals who wish to amend their file and eliminate any information that is found to irrelevant, untimely, and false. The concern is that if information in a file is false, or incomplete, the person effected has no legal or civil remedy to dispute that information. Information contained in a file that is inaccurate should not be in that file when the effects could reap sufficient damage to that individual. On a case by case basis there must be an opportunity to remedy incomplete and irrelevant information to make that person's character whole.