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8 December 2008 Nine notices below.
[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Proposed Rules]
[Page 74632-74633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-10]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
[[Page 74632]]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2008-0182]
Privacy Act of 1974: Implementation of Exemptions; Immigration
and Customs Enforcement Search, Arrest, and Seizure Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Proposed Rule Making.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is giving concurrent
notice of a revised and updated system of records pursuant to the
Privacy Act of 1974 for the Immigration and Customs Enforcement (ICE)
Search, Arrest, and Seizure Records system of records and this proposed
rulemaking. In this proposed rulemaking, the Department proposes to
exempt portions of the system of records from one or more provisions of
the Privacy Act because of criminal, civil, and administrative
enforcement requirements. The exemptions for the legacy system of
records notices will continue to be applicable until the final rule for
this SORN has been completed.
DATES: Comments must be received on or before January 8, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0182, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Department
of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Lyn Rahilly, Privacy Officer, (202-732-3300), Immigration and Customs
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail:
ICEPrivacy@dhs.gov. For privacy issues, please contact: Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background: Pursuant to the savings clause in the Homeland Security
Act of 2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November
25, 2002), DHS and its component agency ICE have relied on preexisting
Privacy Act system of records notices for the collection and
maintenance of records pertaining to ICE's arrests of individuals, and
searches, detentions, and seizures of property pursuant to ICE's law
enforcement authorities. As part of its efforts to streamline and
consolidate its record systems, DHS is establishing a component system
of records under the Privacy Act (5 U.S.C. 552a) for ICE to cover these
records. The collection and maintenance of this information will assist
ICE in meeting its obligation to record its actions regarding searches
of individuals and property, arrests of individuals, and detentions and
seizures of property and goods pursuant to ICE's law enforcement
authorities.
In this notice of proposed rulemaking, DHS is now proposing to
exempt Search, Arrest, and Seizure Records, in part, from certain
provisions of the Privacy Act.
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals in finding such files within the agency.
The Privacy Act allows Government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for Search, Arrest, and Seizure Records. Some information in
Search, Arrest, and Seizure Records relates to official DHS national
security, law enforcement, immigration, and intelligence activities.
These exemptions are needed to protect information relating to DHS
activities from disclosure to subjects or others related to these
activities. Specifically, the exemptions are required to preclude
subjects of these activities from frustrating these processes; to avoid
disclosure of activity techniques; to protect the identities and
physical safety of confidential informants and law enforcement
personnel; to ensure DHS's ability to obtain information from third
parties and other sources; to protect the privacy of third parties; and
to safeguard classified information. Disclosure of information to the
subject of the inquiry could also permit the subject to avoid detection
or apprehension.
The exemptions proposed here are standard law enforcement and
national security exemptions exercised by a large number of Federal law
enforcement and intelligence agencies. In appropriate circumstances,
where compliance would not appear to interfere with or adversely affect
the law enforcement purposes of this system and the overall law
enforcement process, the applicable
[[Page 74633]]
exemptions may be waived on a case by case basis.
A notice of system of records for Search, Arrest, and Seizure
Records is also published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
1. The authority citation for Part 5 continues to read as follows:
Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. Add at the end of Appendix C to Part 5, Exemption of Record
Systems under the Privacy Act, the following new paragraph ``14'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
14. The Department of Homeland Security/United States
Immigration and Customs Enforcement Search, Arrest, and Seizure
Records system of records consists of electronic and paper records
and will be used by DHS and its components. Search, Arrest, and
Seizure Records is a repository of information held by DHS in
connection with its several and varied missions and functions,
including, but not limited to: The enforcement of civil and criminal
laws; investigations, inquiries, and proceedings thereunder; and
national security and intelligence activities. Search, Arrest, and
Seizure Records contains information that is collected by, on behalf
of, in support of, or in cooperation with DHS and its components and
may contain personally identifiable information collected by other
Federal, State, local, tribal, foreign, or international government
agencies. Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy
Act, portions of this system are exempt from 5 U.S.C. 552a(c)(3) and
(4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and
(e)(8); (f), and (g). Pursuant to 5 U.S.C. 552a(k)(2) of the Privacy
Act, this system is exempt from the following provisions of the
Privacy Act, subject to the limitations set forth in those
subsections: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
and (f). Exemptions from these particular subsections are justified,
on a case-by-case basis to be determined at the time a request is
made, for the following reasons:
(a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of the
investigation, and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and/or efforts to preserve national security. Disclosure of the
accounting would also permit the individual who is the subject of a
record to impede the investigation, to tamper with witnesses or
evidence, and to avoid detection or apprehension, which would
undermine the entire investigative process.
(b) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation, to the existence of the
investigation, and reveal investigative interest on the part of DHS
or another agency. Access to the records could permit the individual
who is the subject of a record to impede the investigation, to
tamper with witnesses or evidence, and to avoid detection or
apprehension. Amendment of the records could interfere with ongoing
investigations and law enforcement activities and would impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated. In addition, permitting access and
amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
(c) 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.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of an investigation, thereby interfering with
the related investigation and law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information would impede law enforcement in
that it could compromise investigations by: Revealing the existence
of an otherwise confidential investigation and thereby provide an
opportunity for the subject of an investigation to conceal evidence,
alter patterns of behavior, or take other actions that could thwart
investigative efforts; reveal the identity of witnesses in
investigations, thereby providing an opportunity for the subjects of
the investigations or others to harass, intimidate, or otherwise
interfere with the collection of evidence or other information from
such witnesses; or reveal the identity of confidential informants,
which would negatively affect the informant's usefulness in any
ongoing or future investigations and discourage members of the
public from cooperating as confidential informants in any future
investigations.
(f) From subsections (e)(4)(G) and (H) (Agency Requirements),
and (f) (Agency Rules) because portions of this system are exempt
from the individual access provisions of subsection (d) for the
reasons noted above, and therefore DHS is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to individuals with respect to existence of records
pertaining to them in the system of records or otherwise setting up
procedures pursuant to which individuals may access and view records
pertaining to themselves in the system would undermine investigative
efforts and reveal the identities of witnesses, and potential
witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because
in the collection of information for law enforcement purposes it is
impossible 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.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS' ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal, and could result in disclosure of
investigative techniques, procedures, and evidence.
(i) From subsection (g) to the extent that the system is exempt
from other specific subsections of the Privacy Act relating to
individuals' rights to access and amend their records contained in
the system. Therefore DHS is not required to establish rules or
procedures pursuant to which individuals may seek a civil remedy for
the agency's: Refusal to amend a record; Refusal to comply with a
request for access to records; failure to maintain accurate,
relevant, timely and complete records; or failure to otherwise
comply with an individual's right to access or amend records.
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29047 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
|
[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Proposed Rules]
[Page 74635-74637]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-12]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2008-0179]
Privacy Act of 1974: Implementation of Exemptions; United States
Immigration and Customs Enforcement Confidential and Other Sources of
Information
AGENCY: Privacy Office, DHS.
ACTION: Notice of Proposed Rule Making.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security is giving concurrent
notice of a revised and updated system of records pursuant to the
Privacy Act of 1974 for the United States Immigration and Customs
Enforcement (ICE) Confidential and Other Sources of Information (COSI)
system of records and this
[[Page 74636]]
proposed rulemaking. In this proposed rulemaking, the Department
proposes to exempt portions of the system of records from one or more
provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements. The exemptions for the legacy
system of records notices will continue to be applicable until the
final rule for this SORN has been completed.
DATES: Comments must be received on or before January 8, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0179, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Department
of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Lyn Rahilly, Privacy Officer, (202-732-3300), Immigration and Customs
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail:
ICEPrivacy@dhs.gov. For privacy issues, please contact: Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background: Pursuant to the savings clause in the Homeland Security
Act of 2002, Public Law 107-296, section 1512, 116 Stat. 2310 (November
25, 2002), the DHS and its component agency ICE have relied on
preexisting Privacy Act systems of records notices for the collection
and maintenance of records pertaining to information received from
confidential and other sources. As a law enforcement investigatory
agency, ICE collects and maintains information regarding possible
violations of law from a number of sources, including confidential
sources, State, local, tribal and Federal law enforcement agencies and
members of the public.
As part of its efforts to streamline and consolidate its record
systems, DHS is establishing a component system of records under the
Privacy Act (5 U.S.C. 552a) for ICE to cover these records. This new
system of records will allow ICE to collect and maintain records
concerning the identities of and information received from documented
confidential sources and other sources who supply information to ICE
regarding possible violations of law or otherwise in support of law
enforcement investigations and activities.
In this notice of proposed rulemaking, DHS is now proposing to
exempt Confidential and Other Sources of Information, in part, from
certain provisions of the Privacy Act.
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals in finding such files within the agency.
The Privacy Act allows Government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for Confidential and Other Sources of Information. Some information
in Confidential and Other Sources of Information relates to official
DHS national security, law enforcement, immigration, and intelligence
activities. These exemptions are needed to protect information relating
to DHS activities from disclosure to subjects or others related to
these activities. Specifically, the exemptions are required to preclude
subjects of these activities from frustrating these processes; to avoid
disclosure of activity techniques; to protect the identities and
physical safety of confidential informants and law enforcement
personnel; to ensure DHS's ability to obtain information from third
parties and other sources; to protect the privacy of third parties; and
to safeguard classified information. Disclosure of information to the
subject of the inquiry could also permit the subject to avoid detection
or apprehension.
The exemptions proposed here are standard law enforcement and
national security exemptions exercised by a large number of Federal law
enforcement and intelligence agencies. In appropriate circumstances,
where compliance would not appear to interfere with or adversely affect
the law enforcement purposes of this system and the overall law
enforcement process, the applicable exemptions may be waived on a case-
by-case basis.
A notice of system of records for Confidential and Other Sources of
Information is also published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
1. The authority citation for Part 5 continues to read as follows:
Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. Add at the end of Appendix C to Part 5, Exemption of Record
Systems under the Privacy Act, the following new paragraph ``14'':
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
14. The Department of Homeland Security/United States
Immigration and Customs Enforcement Confidential and Other Sources
of Information DHS/ICE-003 system of records consists of electronic
and paper records and will be used by DHS and its components.
Confidential and Other Sources of Information (COSI) is a repository
of information held by DHS in connection with its several and varied
missions and functions, including, but not limited to: The
enforcement of civil and criminal laws; and investigations,
inquiries, and proceedings thereunder; national security and
intelligence activities. COSI contains information that is collected
by, on behalf of, in support of, or in cooperation with DHS and its
components and may contain personally identifiable
[[Page 74637]]
information collected by other Federal, State, local, tribal,
foreign, or international government agencies. Pursuant to exemption
5 U.S.C. 552a(j)(2) of the Privacy Act, portions of this system are
exempt from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); (f), and (g).
Pursuant to 5 U.S.C. 552a(k)(2) of the Privacy Act, this system is
exempt from the following provisions of the Privacy Act, subject to
the limitations set forth in those subsections: 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), and (f). Exemptions from these
particular subsections are justified, on a case-by-case basis to be
determined at the time a request is made, for the following reasons:
(a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of the
investigation, and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and/or efforts to preserve national security. Disclosure of the
accounting would also permit the individual who is the subject of a
record to impede the investigation, to tamper with witnesses or
evidence, and to avoid detection or apprehension, which would
undermine the entire investigative process.
(b) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation, to the existence of the
investigation, and reveal investigative interest on the part of DHS
or another agency. Access to the records could permit the individual
who is the subject of a record to impede the investigation, to
tamper with witnesses or evidence, and to avoid detection or
apprehension. Amendment of the records could interfere with ongoing
investigations and law enforcement activities and would impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated. In addition, permitting access and
amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
(c) 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.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of an investigation, thereby interfering with
the related investigation and law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information would impede law enforcement in
that it could compromise investigations by: Revealing the existence
of an otherwise confidential investigation and thereby provide an
opportunity for the subject of an investigation to conceal evidence,
alter patterns of behavior, or take other actions that could thwart
investigative efforts; reveal the identity of witnesses in
investigations, thereby providing an opportunity for the subjects of
the investigations or others to harass, intimidate, or otherwise
interfere with the collection of evidence or other information from
such witnesses; or reveal the identity of confidential informants,
which would negatively affect the informant's usefulness in any
ongoing or future investigations and discourage members of the
public from cooperating as confidential informants in any future
investigations.
(f) From subsections (e)(4)(G) and (H) (Agency Requirements),
and (f) (Agency Rules) because portions of this system are exempt
from the individual access provisions of subsection (d) for the
reasons noted above, and therefore DHS is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to individuals with respect to existence of records
pertaining to them in the system of records or otherwise setting up
procedures pursuant to which individuals may access and view records
pertaining to themselves in the system would undermine investigative
efforts and reveal the identities of witnesses, and potential
witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because
in the collection of information for law enforcement purposes it is
impossible 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.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS' ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal, and could result in disclosure of
investigative techniques, procedures, and evidence.
(i) From subsection (g) to the extent that the system is exempt
from other specific subsections of the Privacy Act relating to
individuals' rights to access and amend their records contained in
the system. Therefore DHS is not required to establish rules or
procedures pursuant to which individuals may seek a civil remedy for
the agency's: Refusal to amend a record; refusal to comply with a
request for access to records; failure to maintain accurate,
relevant, timely and complete records; or failure to otherwise
comply with an individual's right to access or amend records.
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29053 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
|
[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Proposed Rules]
[Page 74637-74639]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-13]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2008-0181]
Privacy Act of 1974: Implementation of Exemptions; United States
Immigration and Customs Enforcement Law Enforcement Support Center
Alien Criminal Response Information Management System
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) is giving concurrent
notice of a revised and updated system of records pursuant to the
Privacy Act of 1974 for the United States Immigration and Customs
Enforcement (ICE) Law Enforcement Support Center (LESC) Alien Criminal
Response Information Management System (ACRIMe) system of records and
this proposed rulemaking. In this proposed rulemaking, the Department
proposes to exempt portions of the system of records from one or more
provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements. The exemptions for the legacy
system of records notices will continue to be applicable until the
final rule for this SORN has been completed.
DATES: Comments must be received on or before January 8, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0181, by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Department
of Homeland Security, Washington DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to http://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
[[Page 74638]]
comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Lyn Rahilly, Privacy Officer (202-732-3300), Immigration and Customs
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail:
ICEPrivacy@dhs.gov. For privacy issues, please contact: Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background: Pursuant to the savings clause in the Homeland Security
Act of 2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November
25, 2002), the Department of Homeland Security (DHS) and its components
and offices have relied on preexisting Privacy Act systems of records
notices for the maintenance of records concerning the operation of the
ICE LESC. The LESC is ICE's 24-hour national enforcement operations
facility. Although Title 8 U.S. Code immigration violations were the
original focus of the LESC and ACRIMe under the Immigration and
Naturalization Service (INS), the mission of the LESC now supports the
full range of ICE's law enforcement operations. Specifically, the LESC
provides assistance including, but not limited to, immigration status
information to local, State and Federal law enforcement agencies on
aliens suspected, arrested, or convicted of criminal activity, Customs
violations, and violations of other laws within ICE's jurisdiction.
This notice updates the preexisting system of records notice for the
LESC Database published by the legacy INS, which owned the LESC prior
to the creation of DHS. The LESC transferred to ICE with the creation
of DHS and the LESC database is now known as the Alien Criminal
Response Information Management System (ACRIMe).
The ACRIMe Database facilitates the response of LESC personnel to
specific inquiries from law enforcement agencies that seek to determine
the immigration status of an individual and whether the individual is
under investigation and/or wanted by ICE or other law enforcement
agencies. ACRIMe also supports ICE's efforts to identify aliens with
prior criminal convictions that may qualify them for removal from the
U.S. as aggravated felons. In addition, this system of records helps to
facilitate the processing of aliens for deportation or removal
proceedings.
The ACRIMe Database also facilitates the collection, tracking, and
distribution of information about possible violations of customs and
immigration law reported by the general public to the toll-free DHS/ICE
Tip-line. ACRIMe logs requests for assistance from criminal justice
personnel who contact the LESC on the full range of ICE law enforcement
missions. ACRIMe supports the entry of both administrative
(immigration) and criminal arrest warrants into the Federal Bureau of
Investigation's National Crime Information Center (NCIC) system.
Finally, it also enables ICE to collect and analyze data to evaluate
the effectiveness and quality of LESC services and ICE's immigration
law enforcement efforts.
Consistent with DHS's information sharing mission, information
stored in ACRIMe may be shared with other DHS components, as well as
appropriate Federal, State, local, tribal, foreign, or international
government agencies. This sharing will only take place after DHS
determines that the receiving component or agency has a need to know
the information to carry out national security, law enforcement,
immigration, intelligence, or other functions consistent with the
routine uses set forth in this system of records notice.
In this notice of proposed rulemaking, DHS is now proposing to
exempt Law Enforcement Support Center Alien Criminal Response
Information Management System, in part, from certain provisions of the
Privacy Act.
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals in finding such files within the agency.
The Privacy Act allows Government agencies to exempt certain
records from the access and amendment provisions. If an agency claims
an exemption, however, it must issue a Notice of Proposed Rulemaking to
make clear to the public the reasons why a particular exemption is
claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for LESC ACRIMe. Some information in LESC ACRIMe relates to
official DHS national security, law enforcement, immigration, and
intelligence activities. These exemptions are needed to protect
information relating to DHS activities from disclosure to subjects or
others related to these activities. Specifically, the exemptions are
required to preclude subjects of these activities from frustrating
these processes; to avoid disclosure of activity techniques; to protect
the identities and physical safety of confidential informants and law
enforcement personnel; to ensure DHS's ability to obtain information
from third parties and other sources; to protect the privacy of third
parties; and to safeguard classified information. Disclosure of
information to the subject of the inquiry could also permit the subject
to avoid detection or apprehension.
The exemptions proposed here are standard law enforcement and
national security exemptions exercised by a large number of Federal law
enforcement and intelligence agencies. In appropriate circumstances,
where compliance would not appear to interfere with or adversely affect
the law enforcement purposes of this system and the overall law
enforcement process, the applicable exemptions may be waived on a case-
by-case basis.
A notice of system of records for LESC ACRIMe is also published in
this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
1. The authority citation for Part 5 continues to read as follows:
Authority: Pub. L. 107-296, 116 Stat. 2135, 6 U.S.C. 101 et
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
Subpart B also issued under 5 U.S.C. 552a.
2. Add at the end of Appendix C to Part 5, Exemption of Record
Systems under the Privacy Act, the following new paragraph ``14'':
[[Page 74639]]
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
14. The DHS, ICE LESC ACRIMe system of records consists of
electronic and paper records and will be used by DHS and its
components. Law Enforcement Support Center Alien Criminal Response
Information Management System is a repository of information held by
DHS in connection with its several and varied missions and
functions, including, but not limited to: The enforcement of civil
and criminal laws; investigations, inquiries, and proceedings
thereunder; and national security and intelligence activities. Law
Enforcement Support Center Alien Criminal Response Information
Management System contains information that is collected by, on
behalf of, in support of, or in cooperation with DHS and its
components and may contain personally identifiable information
collected by other Federal, State, local, tribal, foreign, or
international government agencies. Pursuant to exemption 5 U.S.C.
552a(j)(2) of the Privacy Act, portions of this system are exempt
from 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), and (e)(5) and (e)(8); (f), and (g). Pursuant
to 5 U.S.C. 552a(k)(2) of the Privacy Act, this system is exempt
from the following provisions of the Privacy Act, subject to the
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3),
(d), (e)(1), (e)(4)(G), (e)(4)(H), and (f). Exemptions from these
particular subsections are justified, on a case-by-case basis to be
determined at the time a request is made, for the following reasons:
(a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of the
investigation, and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and/or efforts to preserve national security. Disclosure of the
accounting would also permit the individual who is the subject of a
record to impede the investigation, to tamper with witnesses or
evidence, and to avoid detection or apprehension, which would
undermine the entire investigative process.
(b) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation, to the existence of the
investigation, and reveal investigative interest on the part of DHS
or another agency. Access to the records could permit the individual
who is the subject of a record to impede the investigation, to
tamper with witnesses or evidence, and to avoid detection or
apprehension. Amendment of the records could interfere with ongoing
investigations and law enforcement activities and would impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated. In addition, permitting access and
amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
(c) 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 identifying or establishing patterns
of unlawful activity.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of an investigation, thereby interfering with
the related investigation and law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information would impede law enforcement in
that it could compromise investigations by: Revealing the existence
of an otherwise confidential investigation and thereby provide an
opportunity for the subject of an investigation to conceal evidence,
alter patterns of behavior, or take other actions that could thwart
investigative efforts; reveal the identity of witnesses in
investigations, thereby providing an opportunity for the subjects of
the investigations or others to harass, intimidate, or otherwise
interfere with the collection of evidence or other information from
such witnesses; or reveal the identity of confidential informants,
which would negatively affect the informant's usefulness in any
ongoing or future investigations and discourage members of the
public from cooperating as confidential informants in any future
investigations.
(f) From subsections (e)(4)(G), (H) (Agency Requirements), and
(f) (Agency Rules) because portions of this system are exempt from
the individual access provisions of subsection (d) for the reasons
noted above, and therefore DHS is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to individuals with respect to existence of records
pertaining to them in the system of records or otherwise setting up
procedures pursuant to which individuals may access and view records
pertaining to themselves in the system would undermine investigative
efforts and reveal the identities of witnesses, and potential
witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because
in the collection of information for law enforcement purposes it is
impossible 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.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS' ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal, and could result in disclosure of
investigative techniques, procedures, and evidence.
(i) From subsection (g) to the extent that the system is exempt
from other specific subsections of the Privacy Act relating to
individuals' rights to access and amend their records contained in
the system. Therefore DHS is not required to establish rules or
procedures pursuant to which individuals may seek a civil remedy for
the agency's: Refusal to amend a record; refusal to comply with a
request for access to records; failure to maintain accurate,
relevant, timely and complete records; or failure to otherwise
comply with an individual's right to access or amend records.
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29058 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
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[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Proposed Rules]
[Page 74633-74635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-11]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2008-0187]
Privacy Act of 1974: Implementation of Exemptions; U.S.
Immigration and Customs Enforcement Intelligence Records System (IIRS)
AGENCY: Privacy Office, DHS.
ACTION: Notice of proposed rulemaking.
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[[Page 74634]]
SUMMARY: The Department of Homeland Security (DHS), U.S. Immigration
and Customs Enforcement, is giving concurrent notice of a new system of
records pursuant to the Privacy Act of 1974 for the U.S. Immigration
and Customs Enforcement Intelligence Records System (IIRS) and this
proposed rulemaking. In this proposed rulemaking, the Department
proposes to exempt portions of the system of records from one or more
provisions of the Privacy Act because of criminal, civil, and
administrative enforcement requirements.
DATES: Comments must be received on or before January 8, 2009.
ADDRESSES: You may submit comments, identified by DHS-2008-0187 by one
of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lyn Rahilly, Privacy Officer, U.S.
Immigration and Customs Enforcement, 425 I Street, NW., Washington, DC
20536, e-mail: ICEPrivacy@dhs.gov, or Hugo Teufel III (703-235-0780),
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Immigration and Customs Enforcement (ICE) Intelligence
Records System (IIRS) system of records contains information generated
or received by the ICE Office of Intelligence, or other offices within
ICE that support the law enforcement intelligence mission, that is
analyzed and disseminated to ICE executive management and operational
units for law enforcement, intelligence, counterterrorism, and other
homeland security purposes. Using various databases and tools, ICE
produces formal law-enforcement intelligence reports that are the end-
result of the intelligence process. These reports, the underlying data
on which they are based, and the work papers used or created by the
analysts and agents, are all included within the IIRS system of
records.
IIRS also contains data maintained in the Office of Intelligence's
Intelligence Fusion System (IFS), a software application and data
repository that supports research and analysis of information from a
variety of sources within and outside of DHS to support law enforcement
investigations, administration of immigration and naturalization laws
and other laws administered or enforced by DHS, and production of DHS
intelligence products. IFS is specifically designed to make the
intelligence research and analysis process more efficient by allowing
searches of a broad range of data through a single interface. IFS can
also identify links (relationships) between individuals or entities
based on commonalities, such as identification numbers, addresses, or
other information. These commonalities in and of themselves are not
suspicious, but in the context of additional information they sometimes
help DHS agents and analysts to identify potentially criminal activity
and identify other suspicious activities. These commonalities can also
form the basis for a DHS-generated intelligence product that may lead
to further investigation or other appropriate follow-up action by ICE,
DHS, or other Federal, State, or local agencies.
DHS personnel may access IFS only if they hold positions that
involve the execution of law enforcement responsibilities, the
administration of immigration and naturalization laws and other laws
enforced by DHS, or the production of DHS intelligence products. While
IFS does increase the efficiency of data research and analysis, it does
not allow DHS personnel to obtain any data they could not otherwise
access in the course of their job responsibilities. IFS does not seek
to predict future behavior or ``profile'' individuals, i.e., look for
individuals who meet a certain pattern of behavior that has been pre-
determined to be suspect.
II. Privacy Act
In this notice of proposed rulemaking, DHS now is proposing to
exempt IIRS, in part, from certain provisions of the Privacy Act. The
Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other identifying particular assigned to the individual.
Individuals may request their own records that are maintained in a
system of records in the possession or under the control of DHS by
complying with DHS Privacy Act regulations, 6 CFR part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description of the type and character of each system of
records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals in finding such files within the agency. The Privacy Act
also allows Government agencies to exempt certain records from the
access and amendment provisions. If an agency claims an exemption,
however, it must issue a notice of proposed rulemaking to make clear to
the public the reasons why a particular exemption is claimed.
DHS is claiming exemptions from certain requirements of the Privacy
Act for IIRS. Some information in IIRS relates to official DHS national
security, law enforcement, and intelligence activities. These
exemptions are needed to protect information relating to DHS activities
from disclosure to subjects or others related to these activities.
Specifically, the exemptions are required to preclude subjects of these
activities from frustrating these processes; to avoid disclosure of law
enforcement intelligence and investigative techniques; to protect the
identities and physical safety of confidential informants and of border
management and law enforcement personnel; to ensure DHS's ability to
obtain information from third parties and other sources; to protect the
privacy of third parties; and to safeguard classified information.
Disclosure of information to the subject of the inquiry could also
permit the subject to avoid detection or apprehension.
The exemptions proposed here are standard law enforcement and
national security exemptions exercised by a large number of Federal law
enforcement and intelligence agencies. In appropriate circumstances,
where compliance would not appear to interfere with or adversely affect
the law enforcement purposes of this system and the overall law
enforcement process, the applicable exemptions may be waived on a case
by case basis.
[[Page 74635]]
A notice of system of records for the Department's IIRS System is
also published in this issue of the Federal Register.
List of Subjects in 6 CFR Part 5
Freedom of information, Privacy.
For the reasons stated in the preamble, DHS proposes to amend
Chapter I of Title 6, Code of Federal Regulations, as follows:
PART 5--DISCLOSURE OF RECORDS AND INFORMATION
1. The authority citation for Part 5 continues to read as follows:
Authority: Public Law 107-296, 116 Stat. 2135, 6 U.S.C. 101 et
seq.; 5 U.S.C. 301. Subpart A also issued under 5 U.S.C. 552.
2. At the end of Appendix C to Part 5, add the following new
paragraph 14 to read as follows:
Appendix C to Part 5--DHS Systems of Records Exempt From the Privacy
Act
* * * * *
14. The ICE Intelligence Records System (IIRS) consists of
electronic and paper records and will be used by the Department of
Homeland Security (DHS). IIRS is a repository of information held by
DHS in connection with its several and varied missions and
functions, including, but not limited to: The enforcement of civil
and criminal laws; investigations, inquiries, and proceedings
thereunder; and national security and intelligence activities. IIRS
contains information that is collected by other federal and foreign
government agencies and may contain personally identifiable
information. Pursuant to exemption 5 U.S.C. 552a(j)(2) of the
Privacy Act, portions of this system are exempt from 5 U.S.C.
552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G),
(e)(4)(H), (e)(5) and (e)(8); (f), and (g). Pursuant to 5 U.S.C.
552a(k)(2), this system is exempt from the following provisions of
the Privacy Act, subject to the limitations set forth in those
subsections: 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
and (f). Exemptions from these particular subsections are justified,
on a case-by-case basis to be determined at the time a request is
made, for the following reasons:
(a) From subsection (c)(3) and (4) (Accounting for Disclosures)
because release of the accounting of disclosures could alert the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation to the existence of the
investigation, and reveal investigative interest on the part of DHS
as well as the recipient agency. Disclosure of the accounting would
therefore present a serious impediment to law enforcement efforts
and/or efforts to preserve national security. Disclosure of the
accounting would also permit the individual who is the subject of a
record to impede the investigation, to tamper with witnesses or
evidence, and to avoid detection or apprehension, which would
undermine the entire investigative process.
(b) From subsection (d) (Access to Records) because access to
the records contained in this system of records could inform the
subject of an investigation of an actual or potential criminal,
civil, or regulatory violation, to the existence of the
investigation, and reveal investigative interest on the part of DHS
or another agency. Access to the records could permit the individual
who is the subject of a record to impede the investigation, to
tamper with witnesses or evidence, and to avoid detection or
apprehension. Amendment of the records could interfere with ongoing
investigations and law enforcement activities and would impose an
impossible administrative burden by requiring investigations to be
continuously reinvestigated. In addition, permitting access and
amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.
(c) 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.
(d) From subsection (e)(2) (Collection of Information from
Individuals) because requiring that information be collected from
the subject of an investigation would alert the subject to the
nature or existence of an investigation, thereby interfering with
the related investigation and law enforcement activities.
(e) From subsection (e)(3) (Notice to Subjects) because
providing such detailed information would impede law enforcement in
that it could compromise investigations by: Revealing the existence
of an otherwise confidential investigation and thereby provide an
opportunity for the subject of an investigation to conceal evidence,
alter patterns of behavior, or take other actions that could thwart
investigative efforts; reveal the identity of witnesses in
investigations, thereby providing an opportunity for the subjects of
the investigations or others to harass, intimidate, or otherwise
interfere with the collection of evidence or other information from
such witnesses; or reveal the identity of confidential informants,
which would negatively affect the informant's usefulness in any
ongoing or future investigations and discourage members of the
public from cooperating as confidential informants in any future
investigations.
(f) From subsections (e)(4)(G) and (H) (Agency Requirements),
and (f) (Agency Rules) because portions of this system are exempt
from the individual access provisions of subsection (d) for the
reasons noted above, and therefore DHS is not required to establish
requirements, rules, or procedures with respect to such access.
Providing notice to individuals with respect to existence of records
pertaining to them in the system of records or otherwise setting up
procedures pursuant to which individuals may access and view records
pertaining to themselves in the system would undermine investigative
efforts and reveal the identities of witnesses, and potential
witnesses, and confidential informants.
(g) From subsection (e)(5) (Collection of Information) because
in the collection of information for law enforcement purposes it is
impossible 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.
(h) From subsection (e)(8) (Notice on Individuals) because
compliance would interfere with DHS' ability to obtain, serve, and
issue subpoenas, warrants, and other law enforcement mechanisms that
may be filed under seal, and could result in disclosure of
investigative techniques, procedures, and evidence.
(i) From subsection (g) (Civil Remedies) to the extent that the
system is exempt from other specific subsections of the Privacy Act
relating to individuals' rights to access and amend their records
contained in the system. Therefore DHS is not required to establish
rules or procedures pursuant to which individuals may seek a civil
remedy for the agency's refusal to amend a record; refusal to comply
with a request for access to records; failure to maintain accurate,
relevant, timely and complete records; or failure to otherwise
comply with an individual's right to access or amend records.
Dated: December 1, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29060 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
|
[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]
[Page 74729-74732]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-64]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0129]
Privacy Act of 1974; United States Immigration and Customs
Enforcement--010 Confidential and Other Sources of Information System
of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security is giving notice that it proposes to consolidate
three legacy record systems: Treasury/CS.053 Confidential Source
Identification File, Treasury/CS.058 Cooperating Individual Files, and
Treasury/CS.122 Information Received File into a new Immigration and
Customs Enforcement (ICE) system of records notice titled Confidential
and Other Sources of Information (COSI). Categories of individuals,
categories of records, and the routine uses of these legacy system of
records notices have been consolidated and updated to better reflect
ICE COSI record systems. Additionally, DHS is issuing a Notice of
Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the
Federal Register. The exemptions for the legacy system of records
notices will continue to be applicable until the final rule for this
SORN has been completed. This system will be included in the
Department's inventory of record systems.
DATES: Written comments must be submitted on or before January 8, 2009.
This new system will be effective January 8, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0129 by one of the following methods:
Federal e-Rulemaking Portal: http:// www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change and may be read at http://
www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Lyn Rahilly, Privacy Officer, (202-732-3300), Immigration and Customs
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail:
ICEPrivacy@dhs.gov. For privacy issues please contact: Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the DHS and its component agency ICE have relied on preexisting
Privacy Act systems of records notices for the collection and
maintenance of records pertaining to information received from
confidential and other sources. As a law enforcement investigatory
agency, ICE collects and maintains information regarding possible
violations of law from a number of sources, including confidential
sources, State, local, tribal and Federal law enforcement agencies, and
members of the public. As part of its efforts to streamline and
consolidate its record systems, DHS is establishing a component system
of records under the Privacy Act (5 U.S.C. 552a) for ICE to cover these
records. This new system of records will allow ICE to collect and
maintain records concerning the identities of and information received
from documented confidential sources and other sources who supply
information to ICE regarding possible violations of law or otherwise in
support of law enforcement investigations and activities.
In accordance with the Privacy Act of 1974, DHS is giving notice
that it proposes to consolidate three legacy record systems: Treasury/
CS.053 Confidential Source Identification File (66 FR 52984 October 18,
2001), Treasury/CS.058 Cooperating Individual Files (66 FR 52984
October 18, 2001), and Treasury/CS.122 Information Received File (66 FR
52984 October 18, 2001), into a DHS/ICE system of records notice
titled, United States Immigration and Customs Enforcement Information,
and Confidential Sources. Categories of individuals, categories of
records, and the routine uses of these legacy system of records notices
have been consolidated and updated to better reflect the DHS/ICE
Information, and Confidential Sources record systems. Additionally, DHS
is issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this
SORN elsewhere in the Federal Register. The exemptions for the legacy
system of records notices will continue to be applicable until the
final rule for this SORN has been completed. This system will be
included in the Department's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
[[Page 74730]]
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the ICE Confidential and
Other Sources of Information (COSI) System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget (OMB) and
to Congress.
System of Records: DHS/ICE-010.
System name:
Immigration and Customs Enforcement Confidential and Other Sources
of Information (COSI).
Security classification:
Unclassified. Law Enforcement Sensitive (LES).
System location:
Records are maintained at the ICE Headquarters in Washington, DC,
and in field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
(1) Confidential Sources: Individuals who report information to ICE
regarding possible violations of law or other information in support of
law enforcement investigations and activities who have been documented
as a confidential source. These individuals include confidential
informants; Federal, State, local, tribal, territorial, or foreign
government personnel or law enforcement officers; and members of the
public acting in either their personal or professional capacities;
(2) Non-Confidential Sources: Individuals other than those
described in (1) above, who report information to ICE regarding
possible violations of law or other information in support of law
enforcement investigations and activities. These individuals include
Federal, State, local, tribal, territorial, or foreign government
personnel or law enforcement officers; and members of the public acting
in either their personal or professional capacities.
(3) Individuals reported by Confidential and Non-Confidential
Sources: Individuals whose information is provided to ICE by the
individuals described in (1) and (2) above. These individuals are
typically persons who are alleged to have engaged in, witnessed, or
otherwise been associated with suspected illegal activity.
Categories of records in the system:
Categories of records in this system may include:
For Confidential Sources:
Individual's name (actual or assumed).
ICE Confidential Source (identifying) number.
Date ICE Source number assigned.
Addresses.
Nationality.
Occupational information.
Date and place of birth.
Physical description of identifying features.
Photograph of Source.
Identifying numbers such as Social Security Number,
driver's license number, FBI number, and passport number.
Criminal history record.
Copy of driver's license.
Copy of alien registration card.
Documentation of information received and the amount and
date of any monetary payment made to the source.
For other non-confidential sources of information:
Individual's name (actual or assumed).
Addresses.
Nationality.
Occupational information.
For individuals about whom confidential and non-confidential
information is provided:
Individual's name (alleged violator, witness, interested
parties, those connected with the investigation);
Fingerprints;
Handwriting sample;
Aliases;
Social Security Number;
Nationality;
Date of birth;
Place of birth;
Addresses;
Telephone numbers;
Emergency contact information;
Occupation;
Association/Organization memberships;
Physical description of the individual;
Photograph of the individual;
Alien registration number;
Copy of Alien registration card;
Copy of Driver's license;
Driver's license number;
Registration number of vehicle, vessel, or aircraft;
FBI/National Crime Information Center (NCIC) number;
Passport number;
ICE Investigative case number;
Internal DHS/ICE memoranda and related materials regarding
possible violations of law;
Criminal record information;
Financial record information;
Documentation of information received from confidential
sources, agencies and other individuals;
The ICE office receiving the information; and
ICE Duty Agent Log of information received, which contains
some or all of the specific data listed above.
Authority for maintenance of the system:
5 U.S.C. 301; 18 U.S.C. Chapter 27; and 19 U.S.C. 1619.
Purpose(s):
The purpose of this system is to document and manage the identities
of and information received from a number of sources, including
confidential sources, regarding possible violations of law or other
information in support of law enforcement investigations and activities
conducted by ICE.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records of
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or
[[Page 74731]]
administrative body when it is necessary to the litigation and one of
the following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where the
Department of Justice or DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To an appropriate Federal, State, local, tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, license, contract,
grant, or other benefit, or if the information is relevant and
necessary to a DHS decision concerning the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant or other benefit and disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
I. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings or in
response to a subpoena from a court of competent jurisdiction.
J. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure.
K. To Federal and foreign government intelligence or
counterterrorism agencies or components where DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or where such use is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
L. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records for confidential sources are retrieved by ICE their
numerical identifier or the associated ICE investigative case number.
Other source records are retrieved by ICE investigative case number,
individual's name or alias (source, subject or other person connected
with the investigation), the ICE field office which received the
information, and the date the information was received.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
system security access policies. Strict controls have been imposed to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
Retention and disposal:
Records are maintained until the end of the fiscal year in which
the related investigative file is closed. The records are then
transferred to the Federal Records Center five (5) years after the end
of that fiscal year. The records are then destroyed 50 years after the
end of the fiscal year in which the related investigative file is
closed. Disposal of paper files occurs by burning or shredding;
electronic data is disposed of using methods approved by the DHS Chief
Information Security Officer.
[[Page 74732]]
System Manager and address:
Deputy Assistant Director, Investigative Services Division, Office
of Investigations, ICE Headquarters, Potomac Center North, 500 12th
St., SW., Washington, DC 20024.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the component's FOIA Officer, whose
contact information can be found at http://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer, Department of Homeland
Security, 245 Murray Drive, SW., Building 410, STOP-0550, Washington,
DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) will not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Other Federal, State, local, and tribal law enforcement agencies,
confidential sources, any other sources of information including
members of the public.
Exemptions claimed for the system:
Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f), and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt
from the following provisions of the Privacy Act, subject to the
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), and (f). In addition, to the extent a
record contains information from other exempt systems of records, ICE
will rely on the exemptions claimed for those systems.
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29054 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
|
[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]
[Page 74732-74735]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-65]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0130]
Privacy Act of 1974; United States Immigration and Customs
Enforcement--008 Search, Arrest, and Seizure Records System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security is giving notice that it proposes to consolidate two
legacy record systems: Treasury/CS.212 Search/Arrest/Seizure Report and
Treasury/CS.214 Seizure File into a Immigration and Customs Enforcement
system of records notice titled Search, Arrest, and Seizure Records.
Categories of individuals, categories of records, and the routine uses
of these legacy system of records notices have been consolidated and
updated to better reflect Immigration and Custom Enforcement's search,
arrest, and seizure records. Additionally, DHS is issuing a Notice of
Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the
Federal Register. The exemptions for the legacy system of records
notices will continue to be applicable until the final rule for this
SORN has been completed. This system will be included in the
Department's inventory of record systems.
DATES: Written comments must be submitted on or before January 8, 2009.
This new system will be effective January 8, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0130 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change and may be read at http://
www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general issues please contact Lyn
Rahilly, Privacy Officer, (202) 732-3300), Immigration and Customs
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail:
ICEPrivacy@dhs.gov. For privacy issues please contact Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS) and its component
agency Immigration and Customs Enforcement (ICE) have relied on
preexisting Privacy Act system of records notices for the collection
and maintenance of records pertaining to ICE's arrests of individuals,
and searches, detentions, and seizures of property pursuant to ICE's
law enforcement authorities. As part of its efforts to streamline and
consolidate its record systems, DHS is establishing a component system
of records under the Privacy Act (5 U.S.C.
[[Page 74733]]
552a) for ICE to cover these records. The collection and maintenance of
this information will assist ICE in meeting its obligation to record
its actions regarding searches of individuals and property, arrests of
individuals, and detentions and seizures of property and goods pursuant
to ICE's law enforcement authorities.
In accordance with the Privacy Act of 1974, DHS is giving notice
that it proposes to consolidate two legacy record systems: Treasury/
CS.212 Search/Arrest/Seizure Report (66 FR 52984 October 18, 2001) and
Treasury/CS.214 Seizure File (66 FR 52984 October 18, 2001) into an ICE
system of records notice titled Search, Arrest, and Seizure Records.
Categories of individuals, categories of records, and the routine uses
of these legacy system of records notices have been consolidated and
updated to better reflect ICE's search, arrest, and seizure records.
Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM)
concurrent with this SORN elsewhere in the Federal Register. The
exemptions for the legacy system of records notices will continue to be
applicable until the final rule for this SORN has been completed. This
system will be included in the Department's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' information.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency for which information is retrieved by the name
of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the DHS/ICE Search,
Arrest, and Seizure Records system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget (OMB) and
to Congress.
System of Records
DHS/ICE-008
System name:
Immigration and Customs Enforcement Search, Arrest, and Seizure
Records.
Security classification:
Unclassified. Law Enforcement Sensitive (LES).
System location:
Records are maintained at the U.S. Immigration and Customs
Enforcement (ICE) Headquarters in Washington, DC and in field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include persons
who violated, or are believed to have violated, the laws and
regulations enforced by ICE, including those who have been
administratively or criminally charged with violations of such laws and
regulations. Also included in this system are owners, claimants, and
other interested parties of the detained, seized and/or forfeited
property.
Categories of records in the system:
Categories of records in this system may include: Information about
individuals:
Name;
Nationality;
Aliases;
Social Security Number;
Fingerprints;
Date of birth;
Physical description of individual;
Addresses;
Telephone numbers;
Occupation;
Place of business;
Driver's license number;
Information about the search, seizure, or detention of goods or
property, or the search or arrest of individuals:
Search/arrest/seizure/detention date;
License and registration number of vehicle, vessel and/or
aircraft;
Individual and/or contraband's mode of entry;
Photographs related to searches, detentions, seizures, or
arrests;
Declaration forms submitted to U.S. Customs and Border
Protection;
Receipts of cash, goods, or other property seized,
detained, or forfeited;
Description of goods or other property seized, detained,
searched, or forfeited;
Estimated foreign value of seized goods or other property;
Duty paid and owed;
Domestic value of seized goods or other property;
Notices provided to owners, claimants, or other interested
parties pertaining to seized goods or other property;
Reports of arrests, searches, detentions and seizures by
ICE including the circumstances of the seizure, including reports from
other law enforcement agencies;
Section of law violated; and
Seized or detained records in both paper and electronic
form, including computers, computer records, disks, hard drives, flash
drives and other electronic media and storage devices.
Authority for maintenance of the system:
5 U.S.C. 301; 19 U.S.C. 66, 1618, 1625; 19 U.S.C. 8; 19 CFR Parts
171 and 172; the Federal Records Act, 44 U.S.C. 3101; Executive Order
9373.
Purpose(s):
The purpose of this system is to document all information and
activity related to ICE searches of individuals and property, arrests
of individuals, and seizures of goods, as well as related information
about the individuals or entities suspected of violations of laws and
regulations enforced by ICE. The system is also intended to facilitate
communication between ICE and foreign and domestic law enforcement
agencies for the purpose of enforcement and administration of laws,
including immigration and customs laws.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records of
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
[[Page 74734]]
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in his/her individual capacity where the
Department of Justice or DHS has agreed to represent the employee; or
4. the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To an appropriate Federal, State, local, tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, license, contract,
grant, or other benefit, or if the information is relevant and
necessary to a DHS decision concerning the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant or other benefit and disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
I. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings or in
response to a subpoena from a court of competent jurisdiction.
J. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure.
K. To international and foreign governmental authorities in
accordance with the law and formal or informal international
arrangements.
L. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are also stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records are retrieved by individual's name, Social Security Number,
ICE case number, vehicle, vessel, or aircraft number.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
system security access policies. Strict controls have been imposed to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
Retention and disposal:
Records are maintained for 5 years after final disposition, and
then are transferred to the Federal Records Center. Records are
destroyed 20 years after final disposition. Disposal of paper files
occurs by burning or shredding; electronic data is disposed of using
methods approved by the DHS Chief Information Security Officer.
System Manager and address:
Unit Chief, Executive Information Unit/Program Management Oversight
(EIU/PMO), Office of Investigations, Mission Support Division, U.S.
Immigration and Customs Enforcement, Potomac Center North, 500 12th
St., SW., Washington, DC 20024.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to
[[Page 74735]]
contest its content, may submit a request in writing to the component's
FOIA Officer, whose contact information can be found at http://
www.dhs.gov/foia under ``contacts.'' If an individual believes more
than one component maintains Privacy Act records concerning him or her
the individual may submit the request to the Chief Privacy Officer,
Department of Homeland Security, 245 Murray Drive, SW., Building 410,
STOP-0550, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) will not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Individuals who have been subject to search or arrest; owners,
claimants, and other interested parties of detained, seized and/or
forfeited property; other Federal agencies, and State, tribal and local
law enforcement agencies; confidential sources; and members of the
public.
Exemptions claimed for the system:
Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), and (e)(4)(H), (e)(5) and
(e)(8); (f); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system is
exempt from the following provisions of the Privacy Act, subject to the
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), and (f). In addition, to the extent a
record contains information from other exempt systems of records, ICE
will rely on the exemptions claimed for those systems.
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29055 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
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[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]
[Page 74735-74739]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-66]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0186]
Privacy Act of 1974; U.S. Immigration and Customs Enforcement-006
Intelligence Records System (IIRS) System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to establish a new system of records titled
the U.S. Immigration and Customs Enforcement (ICE) Intelligence Records
System (IIRS). IIRS contains information generated or received by the
ICE Office of Intelligence, or other offices within ICE that support
the law enforcement intelligence mission, that is analyzed and
disseminated to ICE executive management and operational units for law
enforcement, intelligence, counterterrorism, and other homeland
security purposes. IIRS also contains data maintained in the Office of
Intelligence's Intelligence Fusion System (IFS), a software application
and data repository that facilitates research and analysis of
information from a variety of sources within and outside of DHS to
support law enforcement activities and investigations of violations of
U.S. laws, administration of immigration laws and other laws
administered or enforced by DHS, and production of DHS law enforcement
intelligence products. Additionally, a Privacy Impact Assessment for
IFS will be posted on the Department's privacy Web site. (See
www.dhs.gov/privacy and follow the link to ``Privacy Impact
Assessments.'') Due to urgent homeland security and law enforcement
mission needs, IFS is currently in operation. Recognizing that ICE is
publishing a notice of system of records for an existing system, ICE
will carefully consider public comments, apply appropriate revisions,
and republish the IIRS notice of system of records within 180 days of
receipt of comments. A proposed rulemaking is also published in this
issue of the Federal Register in which the Department proposes to
exempt portions of this system of records from one or more provisions
of the Privacy Act because of criminal, civil, and administrative
enforcement requirements.
DATES: The established system of records will be effective January 8,
2009. Written comments must be submitted on or before January 8, 2009.
A revised IIRS notice of system of records that addresses public
comments, responds to OMB direction, and includes other ICE changes
will be published not later than July 7, 2009 and will supersede this
notice of system of records.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0186 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Lyn M. Rahilly (202-514-1900), Privacy
Officer, U.S. Immigration and Customs Enforcement, 425 I Street, NW.,
Washington, DC 20001, or Hugo Teufel III (703-235-0780), Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
[[Page 74736]]
I. Background
The ICE Intelligence Records System (IIRS) system of records is
owned by the ICE Office of Intelligence. It consists of information
generated or received by the Office of Intelligence, or other offices
within ICE that support the law enforcement intelligence mission, that
is analyzed and disseminated to ICE executive management and
operational units for law enforcement, intelligence, counterterrorism,
and other homeland security purposes. Using various databases and
tools, the Office of Intelligence produces formal law-enforcement
intelligence reports that are the end-result of the intelligence
process. These reports, the underlying data on which they are based,
and the work papers used or created by the analysts and agents, are all
included within the IIRS system of records.
As part of the intelligence process, ICE investigators and analysts
must review large amounts of data to identify and understand
relationships between individuals, entities, threats, and events to
generate law-enforcement intelligence products that provide ICE
operational units with actionable information for law enforcement
purposes. If performed manually, this process can involve hours of
analysis of voluminous data. To automate and expedite this process, the
former Immigration and Naturalization Service created a software
application and data repository that allowed for the efficient research
and analysis of data from a variety of sources. That application is now
called the Intelligence Fusion System (IFS) and is currently owned by
the ICE Office of Intelligence.
IFS is specifically designed to make the intelligence research and
analysis process more efficient by allowing searches of a broad range
of data through a single interface. IFS can also identify links
(relationships) between individuals or entities based on commonalities,
such as identification numbers, addresses, or other information. These
commonalities in and of themselves are not suspicious, but in the
context of additional information they sometimes help DHS agents and
analysts to identify potentially criminal activity and identify other
suspicious activities. These commonalities can also form the basis for
a DHS-generated intelligence product that may lead to further
investigation or other appropriate follow-up action by ICE, DHS, or
other Federal, State, or local agencies.
DHS personnel may access IFS only if they hold positions that
involve the execution of law enforcement responsibilities, the
administration of immigration and naturalization laws, or the
production of DHS intelligence products. While IFS does increase the
efficiency of data research and analysis, it does not allow DHS
personnel to obtain any data they could not otherwise access in the
course of their job responsibilities. IFS does not seek to predict
future behavior or ``profile'' individuals, i.e., look for individuals
who meet a certain pattern of behavior that has been pre-determined to
be suspect.
Individuals may request information about records pertaining to
them stored in IIRS as outlined in the ``Notification Procedure''
section below. ICE reserves the right to exempt various records from
release pursuant to exemptions 5 U.S.C. 552a(j)(2) and (k)(2) of the
Privacy Act.
Consistent with DHS's information sharing mission, information
stored in IIRS may be shared with other DHS components, as well as
appropriate Federal, State, local, tribal, foreign, or international
government agencies. This sharing will only take place after DHS
determines that the receiving component or agency has a need to know
the information to carry out national security, law enforcement,
immigration, intelligence, or other functions consistent with the
routine uses set forth in this system of records notice.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency for which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined to encompass United States
citizens and legal permanent residents. As a matter of policy, DHS
extends administrative Privacy Act protections to all individuals where
systems of records maintain information on U.S. citizens, lawful
permanent residents, and visitors. Individuals may request access to
their own records that are maintained in a system of records in the
possession or under the control of DHS by complying with DHS Privacy
Act regulations, 6 CFR Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
which personally identifiable information is put, and to assist
individuals to more easily find such files within the agency. Below is
the description of the IIRS system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget and
to Congress.
SYSTEM OF RECORDS:
DHS/ICE-006
System name:
ICE Intelligence Records System (IIRS).
Security classification:
Sensitive But Unclassified, Classified.
System location:
Records are maintained at ICE Headquarters in Washington, DC, and
field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include the
following: (1) Individuals (e.g., subjects, witnesses, associates)
associated with immigration enforcement activities or law enforcement
investigations/activities conducted by ICE, the former Immigration and
Naturalization Service, or the former U.S. Customs Service; (2)
individuals associated with law enforcement investigations or
activities conducted by other Federal, State, tribal, territorial,
local or foreign agencies where there is a potential nexus to ICE's law
enforcement and immigration enforcement responsibilities or homeland
security in general; (3) individuals known or appropriately suspected
to be or have been engaged in conduct constituting, in preparation for,
in aid of, or related to terrorism; (4) individuals involved in,
associated with, or who have reported suspicious activities, threats,
or other incidents reported by domestic and foreign government
agencies, multinational or non-governmental organizations, critical
infrastructure owners and operators, private sector entities and
organizations, and individuals; and (5) individuals who are the
subjects of or otherwise identified in classified or unclassified
intelligence reporting received or reviewed by ICE.
[[Page 74737]]
IIRS includes an information technology system known as the
Intelligence Fusion System (IFS). In addition to the categories of
individuals listed above, IFS also includes the following: (1)
Individuals identified in law enforcement, intelligence, crime, and
incident reports (including financial reports under the Bank Secrecy
Act and law enforcement bulletins) produced by DHS and other government
agencies; (2) individuals identified in U.S. visa, border, immigration
and naturalization benefit data, including arrival and departure data;
(3) individuals identified in DHS law enforcement and immigration
records; (4) individuals not authorized to work in the United States;
(5) individuals whose passports have been lost or stolen; and (6)
individuals identified in public news reports.
Categories of records in the system:
Categories of records in this system include: (1) Biographic
information (name, date of birth, social security number, alien
registration number, citizenship/immigration status, passport
information, addresses, phone numbers, etc.); (2) Records of
immigration enforcement activities or law enforcement investigations/
activities conducted by ICE, the former Immigration and Naturalization
Service, or the former U.S. Customs Service; (3) Information (including
documents and electronic data) collected by DHS from or about
individuals during investigative activities and border searches; (4)
Records of immigration enforcement activities and law enforcement
investigations/activities that have a possible nexus to ICE's law
enforcement and immigration enforcement responsibilities or homeland
security in general; (5) Law enforcement, intelligence, crime, and
incident reports (including financial reports under the Bank Secrecy
Act and law enforcement bulletins) produced by DHS and other government
agencies; (6) U.S. visa, border immigration and naturalization benefit
data, including arrival and departure data; (7) Terrorist watchlist
information and other terrorism related information regarding threats,
activities, and incidents; (8) Lost and stolen passport data; (9)
Records pertaining to known or suspected terrorists, terrorist
incidents, activities, groups, and threats; (10) ICE-generated
intelligence requirements, analysis, reporting, and briefings; (11)
Third party intelligence reporting; (12) Articles, public-source data,
and other published information on individuals and events of interest
to ICE; (13) Records and information from government data systems or
retrieved from commercial data providers in the course of intelligence
research, analysis and reporting; and (14) Reports of suspicious
activities, threats, or other incidents generated by ICE and third
parties.
Authority for maintenance of the system:
5 U.S.C. 301; 8 U.S.C. 1103, 1105, 1225(d)(3), 1324(b)(3), 1357(a),
and 1360(b); 19 U.S.C. 1 and 1509.
Purpose(s):
(a) To maintain records that reflect and generally support ICE's
collection, analysis, reporting, and distribution of law enforcement,
immigration administration, terrorism, intelligence, and homeland
security information in support of ICE's law enforcement and
immigration administration mission.
(b) To produce law-enforcement intelligence reporting that provides
actionable information to ICE's law enforcement and immigration
administration personnel and to other appropriate government agencies.
(c) To enhance the efficiency and effectiveness of the research and
analysis process for DHS law enforcement, immigration, and intelligence
personnel through information technology tools that provide for
advanced search and analysis of various datasets; and
(d) To identify potential criminal activity, immigration
violations, and threats to homeland security; to uphold and enforce the
law; and to ensure public safety.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when (1) DHS or any component thereof; (2) any
employee of DHS in his/her official capacity; (3) any employee of DHS
in his/her individual capacity where DOJ or DHS has agreed to represent
the employee; or (4) the United States or any agency thereof, is a
party to the litigation or has an interest in such litigation; and DHS
determines that the records are both relevant and necessary to the
litigation and the use of such records is compatible with the purpose
for which DHS collected the records.
B. To the Department of Justice (DOJ), Civil Rights Division, for
the purpose of responding to matters within the DOJ's jurisdiction to
include allegations of fraud and/or nationality discrimination.
C. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
D. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
E. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
F. To appropriate agencies, entities, and persons when: (1) DHS
suspects or has confirmed that the security or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) that rely upon the
compromised information, or harm to an individual; and (3) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with DHS's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such
harm.
G. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
H. To a Federal, State, territorial, tribal, local, international,
or foreign government agency or entity for the purpose of consulting
with that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a DHS component or program; (2) for the purpose of verifying the
identity of an individual seeking redress in connection with the
[[Page 74738]]
operations of a DHS component or program; or (3) for the purpose of
verifying the accuracy of information submitted by an individual who
has requested such redress on behalf of another individual.
I. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
Federal, State or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
J. To an appropriate Federal, State, local, tribal, foreign, or
international agency, if the information is relevant and necessary to
the agency's decision concerning the hiring or retention of an
individual or the issuance, grant, renewal, suspension or revocation of
a security clearance, license, contract, grant, or other benefit; or if
the information is relevant and necessary to a DHS decision concerning
the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant or other
benefit and when disclosure is appropriate to the proper performance of
the official duties of the person receiving the information.
K. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital interests of a data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or to combat other significant public health
threats; appropriate notice will be provided of any identified health
risk.
L. To a public or professional licensing organization when such
information indicates, either by itself or in combination with other
information, a violation or potential violation of professional
standards, or reflects on the moral, educational, or professional
qualifications of an individual who is licensed or who is seeking to
become licensed.
M. To a Federal, State, tribal, local or foreign government agency
or organization, or international organization, lawfully engaged in
collecting law enforcement intelligence information, whether civil or
criminal, or charged with investigating, prosecuting, enforcing or
implementing civil or criminal laws, related rules, regulations or
orders, to enable these entities to carry out their law enforcement
responsibilities, including the collection of law enforcement
intelligence.
N. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil, criminal, or regulatory laws.
O. To third parties during the course of an investigation by DHS, a
proceeding within the purview of the immigration and nationality laws,
or a matter under DHS's jurisdiction, to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
officer making the disclosure.
P. To a Federal, State, or local agency, or other appropriate
entity or individual, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, Executive Order, or other applicable national
security directive.
Q. To Federal and foreign government intelligence or
counterterrorism agencies when DHS reasonably believes there to be a
threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when DHS reasonably believes such use is to assist in
anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
R. To an organization or individual in either the public or private
sector, either foreign or domestic, where there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, to the extent the information is
relevant to the protection of life or property and disclosure is
appropriate to the proper performance of the official duties of the
person making the disclosure.
S. To international and foreign governmental authorities in
accordance with law and formal or informal international agreements.
T. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws including treaties and
reciprocal agreements.
U. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations where
DHS is aware of a need to utilize relevant data for purposes of testing
new technology and systems designed to enhance national security or
identify other violations of law.
V. To appropriate Federal, State, local, tribal, or foreign
government agencies or multinational government organizations where DHS
desires to exchange relevant data for the purpose of developing new
software or implementing new technologies for the purposes of data
sharing to enhance homeland security, national security or law
enforcement.
W. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by personal identifiers such as but not
limited to name, alien registration number, phone number, address,
social security number, or passport number. Records may also be
retrieved by non-personal information such as transaction date, entity/
institution name, description of goods, value of transactions, and
other information.
[[Page 74739]]
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions. The system maintains a real-time
auditing function of individuals who access the system. Additional
safeguards may vary by component and program.
Retention and disposal:
ICE is in the process of drafting a proposed record retention
schedule for the information maintained in IIRS, including system
information stored in IFS. ICE anticipates retaining the records from
other databases in IFS for 20 years, records for which IFS is the
repository of record for 75 years, and ICE-generated intelligence
reports for 75 years. The original electronic data containing the
inputs to IFS will be destroyed after upload and verification or
returned to the source.
System Manager and address:
Director, ICE Office of Intelligence, 425 I Street NW., Washington
DC 20536.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the component's FOIA Officer, whose
contact information can be found at http://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer, Department of Homeland
Security, 245 Murray Drive, SW., Building 410, STOP-0550, Washington,
DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
or perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) will not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Federal, State, local, territorial, tribal or other domestic
agencies, foreign agencies, multinational or non-governmental
organizations, critical infrastructure owners and operators, private
sector entities and organizations, individuals, commercial data
providers, and public sources such as news media outlets and the
Internet.
Exemptions claimed for the system:
Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f); and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt
from the following provisions of the Privacy Act, subject to the
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), and (f).
Dated: December 1, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29056 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
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[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]
[Page 74739-74743]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-67]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0132]
Privacy Act of 1974; Immigration and Customs Enforcement (ICE)-
007 Law Enforcement Support Center (LESC) Alien Criminal Response
Information Management (ACRIMe) System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
(DHS) is giving notice that it proposes to update and reissue the
following legacy record system Justice/INS. 023 Law Enforcement Support
Center Database as an Immigration and Customs Enforcement (ICE) system
of records titled Law Enforcement Support Center (LESC) Alien Criminal
Response Information Management System (ACRIMe). The information in
this system of records includes data collected and maintained by the
ICE LESC to carry out its mission to respond to inquiries from law
enforcement agencies concerning immigration status of an individual,
and whether the individual is under investigation and/or wanted by ICE
or other law enforcement agencies. Categories of individuals,
categories of records, and the routine uses of this legacy system of
records notice have been updated. Additionally, DHS is issuing a Notice
of Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in
the Federal Register. The exemptions for the legacy system of records
notices will continue to be applicable until the final rule for this
SORN has been completed. This system will be included in the DHS
inventory of record systems.
DATES: Written comments must be submitted on or before January 8, 2009.
This new system will be effective January 8, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0132 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of
[[Page 74740]]
Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background
documents or comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact
Lyn Rahilly, Privacy Officer, (202-732-3300), Immigration and Customs
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail:
ICEPrivacy@dhs.gov. For privacy issues please contact Hugo Teufel III
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS) and its components and
offices have relied on preexisting Privacy Act systems of records
notices for the maintenance of records concerning the operation of the
ICE Law Enforcement Support Center (LESC). The LESC is ICE's 24-hour
national enforcement operations facility. Although Title 8 U.S. Code
immigration violations were the original focus of the LESC and ACRIMe
under the Immigration and Naturalization Service (INS), the mission of
the LESC now supports the full range of ICE's law enforcement
operations. Specifically, the LESC provides assistance including, but
not limited to, immigration status information to local, State and
Federal law enforcement agencies on aliens suspected, arrested, or
convicted of criminal activity, Customs violations, and violations of
other laws within ICE's jurisdiction. This notice updates the
preexisting system of records notice for the LESC Database published by
the legacy INS, which owned the LESC prior to the creation of DHS. The
LESC transferred to ICE with the creation of DHS and the LESC database
is now known as the Alien Criminal Response Information Management
System (ACRIMe).
The ACRIMe Database facilitates the response of LESC personnel to
specific inquiries from law enforcement agencies that seek to determine
the immigration status of an individual and whether the individual is
under investigation and/or wanted by ICE or other law enforcement
agencies. ACRIMe also supports ICE's efforts to identify aliens with
prior criminal convictions that may qualify them for removal from the
U.S. as aggravated felons. In addition, this system of records helps to
facilitate the processing of aliens for deportation or removal
proceedings.
The ACRIMe Database also facilitates the collection, tracking, and
distribution of information about possible violations of customs and
immigration law reported by the general public to the toll-free DHS/ICE
Tip-line. ACRIMe logs requests for assistance from criminal justice
personnel who contact the LESC on the full range of ICE law enforcement
missions. ACRIMe supports the entry of both administrative
(immigration) and criminal arrest warrants into the Federal Bureau of
Investigation's National Crime Information Center (NCIC) system.
Finally, ACRIMe also enables ICE to collect and analyze data to
evaluate the effectiveness and quality of LESC services and ICE's
immigration law enforcement efforts.
Consistent with DHS's information sharing mission, information
stored in ACRIMe may be shared with other DHS components, as well as
appropriate Federal, State, local, tribal, foreign, or international
government agencies. This sharing will only take place after DHS
determines that the receiving component or agency has a need to know
the information to carry out national security, law enforcement,
immigration, intelligence, or other functions consistent with the
routine uses set forth in this system of records notice.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of records notices,
DHS is giving notice that it proposes to update and reissue the
following legacy record system Justice/INS. 023 Law Enforcement Support
Center Database as an ICE system of records titled Law Enforcement
Support Center (LESC) Alien Criminal Response Information Management
System (ACRIMe). The information in this system of records includes
data collected and maintained both in paper form and electronically by
ICE's Law Enforcement Support Center to carry out its mission to
respond to inquiries from law enforcement agencies concerning
immigration status of an individual, and whether the individual is
under investigation and/or wanted by ICE or other law enforcement
agencies. Categories of individuals, categories of records, and the
routine uses of this legacy system of records notice have been updated.
Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM)
concurrent with this SORN elsewhere in the Federal Register. The
exemptions for the legacy system of records notices will continue to be
applicable until the final rule for this SORN has been completed. This
system will be included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' information.
The Privacy Act applies to information that is maintained in a ``system
of records.'' A ``system of records'' is a group of any records under
the control of an agency for which information is retrieved by the name
of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with Privacy Act regulations, 6 CFR Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the LESC/ACRIMe system
of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
and to Congress.
System of Records:
DHS/ICE-007
System name:
Immigration and Customs Enforcement Law Enforcement Support Center
Alien Criminal Response
[[Page 74741]]
Information Management System (LESC/ACRIMe).
Security classification:
Unclassified. Law Enforcement Sensitive (LES).
System location:
Records are maintained at the ICE LESC in Burlington, Vermont.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
(1) Individuals covered by the Immigration and Nationality Act of
1952 (8 U.S.C. 1101 et seq. ) and who are either the subject of an
investigation, or have been arrested, charged with, and/or convicted of
criminal or civil offenses that could render them removable or
excludable from the U.S. under the provisions of U.S. immigration and
nationality laws.
(2) Individuals who make reports to the DHS/ICE Tip-line and
individuals about whom those reports were made.
(3) Individuals who are the subject of administrative (immigration)
and criminal arrest warrants that the LESC has entered into the FBI's
National Crime Information Center System.
(4) Individuals who are the subject of an investigation by Federal,
State, local, and tribal law enforcement agencies and who have been
identified through searches of shared DHS law enforcement information.
Categories of records in the system:
Categories of records in this system include:
Biographic identifiers (e.g. name, date and place of
birth);
Alien registration number (``A-number'');
Social Security Number;
Passport number;
Federal Bureau of Investigation (FBI) criminal history
number;
Federal, State, and local law enforcement agency booking
number;
Correctional facility inmate numbers; and
Records may also include other information, such as operator's
license number, State identification number, Fingerprint Section
number, and other personal identification numbers provided by law
enforcement agencies, that may assist in the identification process,
that would enable ICE special agents and analysts to gather additional
evidence, respond to law enforcement queries, and/or to determine the
status, removability, or excludability of an individual.
In addition, the system also contains information about the
inquiries submitted by Federal, State, local, and tribal law
enforcement agencies and the LESC responses to those queries. Query
information retained in the ACRIMe database includes mandatory and
optional data. Mandatory information includes: Originating Agency
Identifier (ORI) number, purpose for query, attention field, phone
number for requestor, name of subject of query, date of birth, sex,
place of birth, custody status, and offense code. Optional information
includes: alien registration number, FBI number, State system
identification number, operator license number, height, weight, eye
color, mother's maiden name, mother's first name, father's last name,
father's first name, Social Security Number, passport number, booking
number, and narrative comments entered in a remarks section.
Authority for maintenance of the system:
8 U.S.C. Sec. 1103; 8 U.S.C. Sec. 1324(b)(3); 8 U.S.C. Sec.
1360(b); 5 U.S.C. Sec. 552a(b); 5 U.S.C. Sec. 301; Section 504 of the
Immigration and Nationality Act of 1990 (Pub. L. 101-649); the Federal
Records Act, 44 U.S.C. 3101, Executive Order 9373..
Purpose(s):
The purpose of this system is to:
(1) Facilitate the response of LESC personnel to specific inquiries
from law enforcement agencies that seek to determine the immigration
status of an individual and whether the individual is under
investigation and/or wanted by ICE or other law enforcement agencies;
(2) support ICE's efforts to identify aliens with prior criminal
convictions that may qualify them for removal from the U.S. as
aggravated felons;
(3) facilitate the processing of aliens for deportation or removal
proceedings;
(4) support ICE's collection and distribution of possible violator
information collected during telephone calls from the general public to
DHS/ICE;
(5) support ICE's efforts to assist Federal, State, local, and
tribal criminal justice personnel who contact the LESC on the full
range of ICE law enforcement missions, including both customs and
immigration violations; and
(6) enable ICE to collect and analyze data to evaluate the
effectiveness and quality of LESC services and ICE's immigration law
enforcement efforts.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records of
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. any employee of DHS in his/her official capacity;
3. any employee of DHS in his/her individual capacity where the
Department of Justice or DHS has agreed to represent the employee; or
4. the United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
[[Page 74742]]
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To an appropriate Federal, State, local, tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, license, contract,
grant, or other benefit, or if the information is relevant and
necessary to a DHS decision concerning the hiring or retention of an
employee, the issuance of a security clearance, the reporting of an
investigation of an employee, the letting of a contract, or the
issuance of a license, grant or other benefit and disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
I. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings or in
response to a subpoena from a court of competent jurisdiction.
J. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure.
K. To Federal and foreign government intelligence or
counterterrorism agencies or components where DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or where such use is to assist in anti-terrorism efforts and
disclosure is appropriate to the proper performance of the official
duties of the person making the disclosure.
L. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities behind locked doors. Electronic records are stored on
magnetic disc and digital optical media. Hardcopy records are stored in
locked file cabinets.
Retrievability:
Records are retrieved by name, alien registration number(s),
booking number(s), FBI criminal history number(s), State criminal
history number(s), Social Security Number, passport number, inmate
number and other personal identifiers, and by biographic information,
including place of birth, date of birth, and residential address.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
Retention and disposal:
DHS will be working with NARA to develop the appropriate retention
schedule based on the information below. The information, as collected
and maintained in ACRIMe, pertains to immigration and other law
enforcement investigations and national security related matters.
Therefore, DHS proposes to maintain the records for seventy-five (75)
years from the date of final action or case closure, after which the
records will be deleted from the ACRIMe system.
System Manager and address:
Unit Chief, Law Enforcement Support Center, U.S. Immigration and
Customs Enforcement, 188 Harvest Lane, Williston, VT 05495.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the component's FOIA Officer, whose
contact information can be found at http://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer, Department of Homeland
Security, 245 Murray Drive, SW., Building 410, STOP-0550, Washington,
DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that
[[Page 74743]]
individual certifying his/her agreement for you to access his/her
records.
Without this bulleted information the component(s) will not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of specificity or lack of compliance with
applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained from Federal, State and local law enforcement
and criminal justice agencies (e.g., investigators, prosecutors,
correctional institutions, police departments, and inspectors general).
Exemptions claimed for the system:
Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from subsections (c)(3) and (4);
(d); (e)(1), (2), (3), (4)(G), (4)(H), (5) and (8); (f); and (g) of the
Privacy Act. In addition, the system has been exempted from subsections
(c)(3), (d), and (e)(1), (4)(G), (4)(H), and (f) pursuant to 5 U.S.C.
552a(k)(2). Rules have been promulgated in accordance with the
requirements of 5 U.S.C. 553(b), (c) and (e) and have been published in
the Federal Register as additions to Title 28, Code of Federal
Regulations (28 CFR 16.99). In addition, to the extent a record
contains information from other exempt systems of records, ICE will
rely on the exemptions claimed for those systems.
Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29057 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
|
[Federal Register: December 9, 2008 (Volume 73, Number 237)]
[Notices]
[Page 74743-74746]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de08-68]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0160]
Privacy Act of 1974; Science & Technology Directorate-001
Research, Development, Test, and Evaluation Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of
Homeland Security proposes to add a new system of records titled
Research, Development, Test, and Evaluation Records. This system
maintains records collected in support of, or during the conduct of,
Science & Technology-funded research, development, test, and evaluation
activities. This new system will be added to the Department's inventory
of record systems.
DATES: Written comments must be submitted on or before January 8, 2009.
This new system will be effective January 8, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0160 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change and may be read at http://
www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background
documents or comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For system related questions please
contact the Science & Technology Directorate's Regulatory Compliance
Office at regulatorycompliance@dhs.gov. For privacy issues, please
contact: Hugo Teufel III, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
An integral part of the Department of Homeland Security (DHS)
Science & Technology Directorate's (S&T) mission is to conduct
research, development, testing, and evaluation (RDT&E activities) on
topics and technologies related to improving homeland security and
combating terrorism. Some RDT&E activities involve the collection of
personally identifiable information. This system of records notice
covers records collected in support of, or during the conduct of, DHS/
S&T-funded RDT&E activities, where those records are retrieved by
personal identifier.
As a general rule, the information collected will be used by DHS/
S&T solely for the purposes of RDT&E activities. The information
collected will not be used for law enforcement, intelligence, or any
purpose other than RDT&E. The information collected will never be used
in operations and no operational decision will be based in any part on
the information collected. These limitations on the use of the
information collected will apply even in DHS/S&T-funded RDT&E
activities in which law enforcement and/or intelligence personnel are
directly involved in the activity. A different SORN, a SORN other than
this SORN, is required to address any DHS/S&T-funded RDT&E activities
from which information collected would be used for any purpose other
than RDT&E activities.
The only exception to the above general rule limiting the use of
collected information to RTD&E activities is if, during a human subject
testing activity, the individual provides information that indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations. Only in that limited situation, the
information collected may be referred to Federal, State, tribal, local,
international, or foreign law enforcement agency or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, pursuant
to Routine Use G, below.
Pursuant to the Privacy Act of 1974, the Department of Homeland
Security proposes to add a new system of records titled Research,
Development, Test, and Evaluation Records. This system maintains
records collected in support of, or during the conduct, of Science &
Technology-funded research, development, test, and evaluation
activities. This new system will be added to the Department's inventory
of record systems.
II. The Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency from which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
particular assigned to an individual. In the Privacy Act, an individual
is defined to encompass United States citizens and legal permanent
residents (LPRs). As a matter of policy, DHS extends administrative
Privacy Act protections
[[Page 74744]]
to all individuals, including aliens who are not LPRs, on whom a system
of records maintain information. Individuals may request access to
their own records that are maintained in a system of records in the
possession or under the control of DHS by complying with DHS Privacy
Act regulations, 6 CFR Part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system to make agency recordkeeping practices
transparent, to notify individuals regarding the uses of their records,
and to assist the individual to more easily find such files within the
agency. Below is a description of the Research, Development, Test, and
Evaluation Records System of records.
In accordance with 5 U.S.C. 552a(r), a report on this system has
been sent to Congress and to the Office of Management and Budget.
System of Records:
DHS/S&T-001
System name:
Science & Technology Directorate Research, Development, Test, and
Evaluation Records.
System location:
Records are maintained at the S&T Headquarters in Washington, D.C.,
in S&T field offices, and at public or private institutions, including
the National Labs, conducting research funded by S&T.
Categories of individuals covered by the system:
Categories of individuals covered by this notice include voluntary
participants in S&T-funded human subjects research (all S&T-funded
human subjects research is conducted in accordance with 45 CFR 46 and
is reviewed by a certified Institutional Review Board); individuals
whose names may appear in publicly available documents (e.g.,
newspapers and academic articles) about terrorism, terrorist events,
violent groups, or other topics related to terrorism research;
individuals whose image, biometrics, physiological features, or other
information may be intentionally (with notice to and consent by the
individual) or incidentally captured during testing of S&T
technologies; and subject matter experts who publish articles related
to terrorism or biomedical and life sciences research; and subject
matter experts who voluntarily consent to be included in a database of
experts.
Categories of records in the system:
S&T RDT&E Records will vary according to the specific project. The
information may include an individual's:
Individual's name;
Age;
Gender;
Contact information;
Birthplace;
Ethnicity;
Level of education;
Occupation;
Institutional or organizational affiliation;
Publication record, such as article and publication
titles, dates and sources;
Medical history;
Lifestyle information (e.g., caffeine or tobacco use);
Publicly available reports of criminal history;
Video or still images;
Other images (e.g., infrared thermography, terahertz,
millimeter wave);
Audio recordings;
Fingerprints or other biometric information; and
Physiological measurements collected using sensors (e.g.,
heart rate, breathing pattern, and electrodermal activity).
Authority for maintenance of the system:
5 U.S.C. 301; the Federal Records Act, 44 U.S.C. 3101; The Homeland
Security Act of 2002 [Pub. L. 1007-296, Sec. 302(4)] as codified in
Section 182(b) Title 6 Chapter I Subchapter III of the United States
Code (6 U.S.C. 182(b)), authorizes the Science and Technology
Directorate to conduct ``basic and applied research, development,
demonstration, testing, and evaluation activities that are relevant to
any or all elements of the Department, through both intramural and
extramural programs.'' In exercising its responsibility under the
Homeland Security Act, S&T is authorized to collect information, as
appropriate, to support research and development related to improving
the security of the homeland. Where research includes human subjects,
S&T complies with the provisions of DHS Management Directive 026-04,
``Protection of Human Subjects'', which adopts the regulations set
forth in 45 Code of Federal Regulations 46 and establishes Departmental
policy for the protection of human subjects in research.
Purpose(s):
The purposes of S&T's RDT&E records are to:
Understand the motivations and behaviors of terrorists,
individuals that engage in violent or criminal activities, terrorist
groups, and groups that engage in violent or criminal activities.
Understand terrorist incidents and the phenomenon of
terrorist and identify trends and patterns in terrorist activities.
Collect and maintain searchable records of individuals
(such as subject matter experts on chemical weapons) and/or their
characteristics and professional accomplishments, organized according
to categories useful for the conduct of research, including research to
determine the efficacy and utility of new or enhanced technologies
intended for eventual transition to and use by S&T's customers.
Evaluate the performance and utility to the future
customer of an experimental homeland security technology or product in
a laboratory or ``real-world'' setting.
Test the accuracy of a research hypothesis. (For example,
S&T might hypothesize that an individual's behavior changes in a
detectable manner when he or she is being deceitful, and then design a
research experiment to test that hypothesis.)
Answer a research question. (For example, ``Can an
experimental screening technology distinguish between threat objects
and non-threat objects?'').
Conduct testing and evaluation of an experimental
technology at the request of or on behalf of a customer.
Conduct research and development to solve a technical
problem for a customer.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3):
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is necessary to the litigation and one of
the following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS
[[Page 74745]]
determines that the records are both relevant and necessary to the
litigation and the use of such records is compatible with the purpose
for which DHS collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal Government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
RDT&E records maintained in hard copy are stored in a locked file
cabinet or safe. Electronic records are stored in computer files that
require a password for access and are protected by a firewall.
Retrievability:
In most cases, S&T RDT&E is focused on evaluating the performance
of a given experimental technology or system. Thus, only the aggregated
performance data (e.g., the technology has a 5 percent false positive
rate, or the technology is accurate 92 percent of the time) is
important and relevant to S&T. For this reason, S&T RDT&E records are
not as a matter of course retrieved by name or other identifier
assigned to the individual. However, S&T may need to access RDT&E
records by name or other identifier in order to make corrections to an
individual's record, resolve an anomaly related to a specific
individual's record, and/or link disparate pieces of information
related to an individual. For example, if an individual informed a
researcher that he or she had inadvertently provided incorrect
information regarding his or her medical history, the researcher would
retrieve that individual's record using the research identifier in
order to correct the erroneous data.
Safeguards:
All RDT&E records are protected by employing a multi-layer security
approach to prevent unauthorized access to sensitive data through
appropriate administrative, physical, and technical safeguards.
Protective strategies such as implementing physical access controls at
DHS facilities; ensuring confidentiality of communications using tools
such as encryption, authentication of sending parties, and
compartmentalizing databases; and employing auditing software and
personnel screening to ensure that all personnel with access to data
are screened through background investigations commensurate with the
level of access required to perform their duties.
S&T RDT&E records are also monitored for changes to the source
data. The system manager has the capability to maintain system back-ups
for the purpose of supporting continuity of operations and the discrete
need to isolate and copy specific data transactions for the purpose of
conducting privacy or security incident investigations. S&T RDT&E
records are secured in full compliance with the requirements of DHS IT
Security Program Handbook. This handbook establishes a comprehensive
information security program.
Retention and disposal:
All records will be maintained in accordance with the NARA-approved
retention schedule. All existing S&T RDT&E records fall under General
Records System 20, which covers the disposition of Electronic files or
records created solely to test system performance, as well as hard-copy
printouts and related documentation for the electronic files/records.
According to General Records System 20, records should be ``delete[d]/
destroy[ed] when the agency determines that they are no longer needed
for administrative, legal, audit, or other operational purposes.''
Electronic records will be deleted from all computers, storage devices,
and networks, and paper records will be shredded.
System manager(s) and address:
S&T Regulatory Compliance Office, Mail Stop: 2100, Department of
Homeland Security, 245 Murray Lane, SW., Washington, DC 20528.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to S&T FOIA Coordinator, Mail Stop:
2100, Department of Homeland Security, 245 Murray Lane, SW.,
Washington, DC 20528, Specific FOIA contact information can be found at
http://www.dhs.gov/foia under ``contacts.''
When seeking records about yourself from this system of records or
any other S&T system of records your request must conform with the
Privacy Act regulations set forth in 6 CFR Part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from
[[Page 74746]]
the Director, Disclosure and FOIA, http://www.dhs.gov or 1-866-431-
0486. In addition you should provide the following:
An explanation of why you believe the Department would
have information on you,
Specify when you believe the records would have been
created,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the S&T may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
S&T RDT&E records include: (1) Records collected directly from the
individual; (2) publicly available documents (e.g., articles from
newspapers and academic journals); (3) records collected from the
individual using sensors (e.g., a heart rate monitor) or technologies
(e.g., cameras, audio recorders, infrared thermography or other images,
or biometric devices).
Exemptions claimed for the system:
None.
Dated: December 1, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29059 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P
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