USDA Quietly Exempts Smuggling Database From Privacy Rules
Published Date: 1/10/2025
Rule
Summary
The USDA is updating its Privacy Act rules to protect a special record system used to stop smuggling and enforce trade laws. Starting February 10, 2025, this system will be exempt from some usual privacy rights to keep investigations safe and effective. This change mainly affects people involved in law enforcement and trade compliance, with no new costs or fees for the public.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
SNICAS records exempted from Privacy Act
Starting February 10, 2025, USDA exempts the Smuggling Interdiction and Trade Compliance (SITC) National Information Communication Activity System (SNICAS), identified as USDA/APHIS-21, from certain provisions of the Privacy Act. That means records in SNICAS that are investigatory law-enforcement material can be withheld from the usual Privacy Act access and amendment rights under 5 U.S.C. 552a(k)(2) to avoid interfering with investigations.
No new public fees or charges
The final rule does not impose any new fees, costs, or information-collection requirements on the public, and contains no new paperwork under the Paperwork Reduction Act. This means ordinary members of the public will not face new charges or reporting duties because of this rule.
No significant small-business economic impact
USDA concluded this final rule will not require small businesses to report or keep records and will not have a significant economic impact on a substantial number of small entities. Small businesses should not expect new compliance costs from this rule.
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