Privacy Act of 1974; US-VISIT; Arrival and Departure Information System (ADIS) System of Records, 47057-47060 [E7-16473]

Agencies

• Office of the Secretary, Us-Visit
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Notices]
[Pages 47057-47060]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-16473]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary, US-VISIT

[DHS-2007-0049]


Privacy Act of 1974; US-VISIT; Arrival and Departure Information 
System (ADIS) System of Records

AGENCY: Privacy Office; Department of Homeland Security.

ACTION: Privacy Act system of records notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Homeland Security (DHS) is republishing the 
Privacy Act system of records notice (SORN) for the Arrival and 
Departure Information System (ADIS) in order to expand its authority 
and capability to serve additional programs that require information on 
individuals throughout the immigrant and non-immigrant pre-entry, 
entry, status management, and exit processes. These changes include the 
addition of a routine use to allow for sharing of information with the 
intelligence community in support of the DHS mission to protect the 
United States from potential terrorist activities; the addition of a 
routine use for cases of identity theft; clarification on the sources 
of data in ADIS, potentially including foreign governments; and a 
reduction of the retention period for ADIS data.

DATES: Written comments must be submitted on or before September 21, 
2007

ADDRESSES: You may submit comments, identified by Docket Number DHS-
2007-0049, by one of the following methods:
     Federal e-Rulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.

[[Page 47058]]

     Mail: Hugo Teufel, III, DHS Chief Privacy Officer, 
Department of Homeland Security, Washington, DC 20528.
     Instructions: All submissions received must include the 
agency name and docket number for this system of records notice. All 
comments received will be posted without change to https://
www.regulations.gov, including any personal information provided.
     Docket: For access to the docket to read background 
documents or comments received go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Claire Miller, Acting US-VISIT Privacy 
Officer, U.S. Department of Homeland Security, Washington, DC 20538, by 
telephone (202) 298-5200 or by facsimile (202) 298-5201. 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; telephone (703) 235-0780.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, the Department of Homeland Security (DHS) is publishing 
a revision to existing Privacy Act system of records known as the 
Arrival and Departure Information System (ADIS). The notice for this 
system of records was last published in the Federal Register on 
December 12, 2003 (68 FR 69412).
    ADIS is a system for the storage and use of biographic, biometric 
indicator, and encounter data on aliens who have applied for entry, 
entered, or departed the United States. ADIS consolidates information 
from various systems in order to provide a repository of data held by 
DHS for pre-entry, entry, status management, and exit tracking of 
immigrants and non-immigrants. Its primary use is to facilitate the 
investigation of subjects of interest who may have violated their 
immigration status by remaining in the United States beyond their 
authorized stay. The information 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.
    Information stored in ADIS may be shared with other DHS components, 
as well as appropriate Federal, state, local, tribal, foreign, or 
international government agencies. Internal and external agencies 
(including intelligence agencies) will have access to the full range of 
ADIS data once they have established that they will use the information 
for a purpose which is compatible with the purpose of the original 
collection.
    This system of records notice (SORN) is primarily being revised to 
add a routine use to cover sharing of ADIS data with intelligence 
agencies in support of the DHS mission to identify and prevent acts of 
terrorism against the United States. Additionally, a routine use is 
being added to address identity theft issues. The category and sources 
of records sections were revised to clearly indicate that some data may 
come from foreign governments. Finally, the retention period is 
proposed to be reduced from 100 to 75 years in order to conform with 
other immigration-related SORNs.
    Elsewhere in today's Federal Register, DHS has published a notice 
of proposed rulemaking (NPRM) 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 pursuant 
to 5 U.S.C. 552a(j)(2) and (k)(2).
    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 an individual or by some identifying number 
such as property address, or mailing address symbol, assigned to the 
individual. The ADIS is such a ``system of records.''
    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.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system change to the Office of Management and Budget and to 
Congress.
DHS/USVISIT-001

System name:
    Arrival and Departure Information System (ADIS).

System location:
    Department of Homeland Security (DHS).
    Categories of individuals covered by the system:
    Categories of individuals covered by this notice consist of aliens 
who have applied for entry, entered, or departed from the United States 
at any time. These individuals may be in records collected by DHS or 
other Federal, state, local, tribal, foreign, or international 
government organizations. This system primarily consists of records 
pertaining to alien immigrants (including lawful permanent residents) 
and non-immigrants. Some of these individuals may change status and 
become United States citizens.

Categories of records in the system:
    ADIS contains biographic data, biometric indicator data, and 
encounter data. Biographic data includes, but is not limited to, name, 
date of birth, nationality, and other personal descriptive data. 
Biometric indicator data includes, but is not limited to, fingerprint 
identification numbers. Encounter data provides the context of the 
interaction between the immigrant or non-immigrant and the border 
management authority. This data includes, but is not limited to, 
encounter location, document types, document numbers, document issuance 
information, and address while in the United States.
    ADIS also sometimes contains commentary from immigration 
enforcement officers which includes references to active criminal and 
other immigration enforcement investigations and contains other 
confidential data fields used for enforcement purposes.
    ADIS data may be derived from records related to entry or exit data 
of foreign countries collected by foreign governments in support of 
their respective entry and exit processes; however, records collected 
from foreign governments must relate to individuals who have entered or 
exited the United States at any time, i.e., individuals who have an 
existing record in ADIS.

Authority for maintenance of the system:
    6 U.S.C. 202; 8 U.S.C. 1103, 1158, 1201, 1225, 1324, 1357, 1360, 
1365a, 1365b, 1372, 1379, and 1732.

Purpose(s):
    This system of records is the primary repository of data held by 
DHS for near real-time entry and exit status tracking throughout the 
immigrant and non-immigrant pre-entry, entry, status management, and 
exit processes, based on data collected by DHS or other

[[Page 47059]]

Federal or foreign government agencies and used in connection with DHS 
national security, law enforcement, immigration, intelligence, and 
other DHS mission-related functions. Data is also used to provide 
associated testing, training, management reporting, planning and 
analysis, or other administrative purposes. Similar data may be 
collected from multiple sources to verify or supplement existing data 
and to ensure a high degree of data accuracy.
    Specifically, the ADIS data will be used to identify lawfully 
admitted non-immigrants who remain in the United States beyond their 
period of authorized stay, which may have a bearing on an individual's 
right or authority to remain in the country or to receive governmental 
benefits; to assist DHS in supporting immigration inspection at ports 
of entry (POEs) by providing quick retrieval of biographic and 
biometric indicator data on individuals who may be inadmissible to the 
United States; and to facilitate the investigation process of 
individuals who may have violated their immigration status or may be 
subjects of interest for law enforcement or intelligence purposes.

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), limited by privacy impact 
assessments, data sharing, or other agreements, as follows:
    A. To appropriate Federal, state, local, tribal, foreign, or 
international governmental agencies seeking information on the subjects 
of wants, warrants, or lookouts, or any other subject of interest, for 
purposes related to administering or enforcing the law, national 
security, or immigration, where consistent with a DHS mission-related 
function as determined by DHS.
    B. To appropriate Federal, state, local, tribal, foreign, or 
international government agencies charged with national security, law 
enforcement, immigration, intelligence, or other DHS mission-related 
functions in connection with the hiring or retention by such an agency 
of an employee, the issuance of a security clearance, the reporting of 
an investigation of such an employee, the letting of a contract, or the 
issuance of a license, grant, loan, or other benefit by the requesting 
agency.
    C. To an actual or potential party or to his or her attorney for 
the purpose of negotiation or discussion on such matters as settlement 
of a case or matter, or discovery proceedings.
    D. 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.
    E. To the National Archives and Records Administration (NARA) or 
other Federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    F. To contractors, grantees, experts, consultants, students, and 
others performing or working on a contract, service, grant, cooperative 
agreement, or other assignment for the Federal government, when 
necessary to accomplish a DHS mission function related to this system 
of records in compliance with the Privacy Act of 1974.
    G. To appropriate agencies, entities, and persons when: (1) It is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) DHS 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; and (3) the 
disclosure is made to such agencies, entities, and persons who are 
reasonably necessary to assist in DHS's efforts to respond to the 
suspected or confirmed compromise and prevent, minimize, or remedy such 
harm.
    H. To Federal, state, local, tribal, foreign or international 
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.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records are stored in a central computer database.

Retrievability:
    Records may be retrieved by a variety of data elements including, 
but not limited to, name, place and date of arrival or departure, 
document number, and fingerprint identification number.

Safeguards:
    Information in this system is safeguarded in accordance with 
applicable laws, rules, and policies, including the DHS Information 
Technology Security Program Handbook. All records are protected from 
unauthorized access through appropriate administrative, physical, and 
technical safeguards. These safeguards include restricting access to 
authorized personnel who have a need to know, using locks, and password 
protection identification features. DHS file areas are locked after 
normal duty hours, and the facilities are protected from the outside by 
security personnel.

Retention and disposal:
    The following proposal for retention and disposal is pending 
approval with the National Archives and Records Administration (NARA): 
Testing and training data will be purged when the data is no longer 
required. Electronic records for which the statute of limitations has 
expired for all criminal violations or that are older than 75 years, 
whichever is longer, will be purged.

System manager(s) and address:
    ADIS System Manager, US-VISIT Program, U.S. Department of Homeland 
Security, Washington, DC 20528.

Notification procedure:
    To determine whether this system contains records relating to you, 
write to the US-VISIT Privacy Officer, US-VISIT Program, U.S. 
Department of Homeland Security, Washington, DC 20528.

Record access procedures:
    This system is exempted from this requirement pursuant to 5 U.S.C. 
552a(j)(2) and (k)(2). An individual who is the subject of a record in 
this system may be provided access. A determination whether a record 
may be accessed will be made at the time a request is received. DHS 
will review and comply appropriately with information requests on a 
case-by-case basis. An individual desiring copies of records maintained 
in this system should direct his or her request to the FOIA Officer, 
US-VISIT Program, U.S. Department of Homeland Security, Washington, DC 
20528.

Contesting record procedures:
    This system is exempted from this requirement pursuant to 5 U.S.C. 
552a(j)(2) and (k)(2). An individual who is the subject of a record in 
this system may be provided access. A

[[Page 47060]]

determination whether a record may be accessed will be made at the time 
a request is received. DHS will review and comply appropriately with 
information requests on a case-by-case basis. Requests for correction 
of records in this system may be made through the Traveler Redress 
Inquiry Program (TRIP) at https://www.dhs.gov/trip or via mail, 
facsimile, or e-mail in accordance with instructions available at 
https://www.dhs.gov/trip.

Record source categories:
    Basic information contained in this system is supplied by 
individuals covered by this system and other Federal, state, local, 
tribal, or foreign governments; private citizens; and public and 
private organizations.
    ADIS data may be derived from records related to entry or exit data 
of foreign countries collected by foreign governments in support of 
their respective entry and exit processes; however, records collected 
from foreign governments must relate to individuals who have entered or 
exited the United States at some time, i.e., have an existing record in 
ADIS.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted this system 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), (e)(8); (f); and (g) pursuant to 5 U.S.C. 
552a(j)(2). In addition, the Secretary of Homeland Security has 
exempted portions of this system from 5 U.S.C. 552a (c)(3); (d); 
(e)(1), (e)(4)(G), (e)(4)(H); and (f) pursuant to 5 U.S.C. 552a (k)(2). 
These exemptions apply only to the extent that records in the system 
are subject to exemption pursuant to 5 U.S.C. 552a(j)(2) and (k)(2).

    Dated: August 15, 2007
John Kropf,
Acting Chief Privacy Officer.
 [FR Doc. E7-16473 Filed 8-21-07; 8:45 am]
BILLING CODE 4410-10-P