Privacy Act of 1974; System of Record, 28135-28139 [E8-10894]
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Federal Register / Vol. 73, No. 95 / Thursday, May 15, 2008 / Notices
notification, access, and amendment to
the extent permitted by subsection (k) of
the Privacy Act. A request for
notification of any non-exempt records
in this system may be made by writing
to the Disclosure Officer, Office of
Intelligence and Analysis, Department
of Homeland Security, Washington, DC
20528, in conformance with 6 CFR Part
5, Subpart B, which provides the rules
for requesting access to Privacy Act
records maintained by DHS.
RECORDS ACCESS PROCEDURES:
Because this system contains
classified and sensitive unclassified
information related to intelligence,
counterterrorism, homeland security,
and law enforcement programs, records
in this system have been exempted from
notification, access, and amendment to
the extent permitted by subsection (k) of
the Privacy Act. A request for access to
non-exempt records in this system may
be made by writing to the Disclosure
Officer, Office of Intelligence and
Analysis, Department of Homeland
Security, Washington, DC 20528, in
conformance with 6 CFR Part 5, Subpart
B, which provides the rules for
requesting access to Privacy Act records
maintained by DHS.
CONTESTING RECORD PROCEDURES:
Because this system contains
classified and sensitive unclassified
information related to intelligence,
counterterrorism, homeland security,
and law enforcement programs, records
in this system have been exempted from
notification, access, and amendment to
the extent permitted by subsection (k) of
the Privacy Act. A request to amend
non-exempt records in this system may
be made by writing to the System
Manager, identified above, in
conformance with 6 CFR Part 5, Subpart
B, which provides the rules for
requesting access to Privacy Act records
maintained by DHS.
RECORD SOURCE CATEGORIES:
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Information contained in this system
is obtained from individuals; other
government, non-government,
commercial, public, and private
agencies and organizations, both
domestic and foreign; media, including
periodicals, newspapers, and broadcast
transcripts; intelligence source
documents; investigative reports, and
correspondence.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
DHS has exempted this system from
subsections (c)(3), (d), (e)(1), (e)(4)(G),
(H), and (I), and (f) of the Privacy Act,
pursuant to 5 U.S.C. 552a(k)(1), (2), (3),
and (5), as applicable. A Notice of
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Proposed Rulemaking for exempting
this record system has been
promulgated in accordance with the
requirements of 5 U.S.C. 553(b)(1), (2),
and (3), (c), and (e) and is being
published [in 6 CFR Part 5] concurrently
with publication of this Notice
Establishing a New System of Records
in the Federal Register.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–10888 Filed 5–14–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0002]
Privacy Act of 1974; System of Record
Privacy Office, DHS.
Notice of Privacy system of
AGENCY:
ACTION:
records.
SUMMARY: Pursuant to the Privacy Act of
1974, the Department of Homeland
Security, United States Coast Guard is
publishing this notice of system of
records entitled the Law Enforcement
Information Data Base (LEIDB)/
Pathfinder. 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. Due to urgent homeland
security and law enforcement mission
needs, LEIDB is currently in limited
operation. Recognizing that USCG is
publishing a notice of system of records
for an existing system, USCG will
carefully consider public comments,
apply appropriate revisions, and
republish the LEIDB notice of system of
records within 180 days of receipt of
comments. Additionally, a Privacy
Impact Assessment will be posted on
the Department’s privacy Web site. (See
https://www.dhs.gov/privacy and follow
the link to ‘‘Privacy Impact
Assessments’’).
Comments must be received on
or before June 16, 2008. The established
system of records will be effective June
16, 2008. A revised LEIDB notice of
system of records that addresses public
comments and includes other USCG
changes will be published not later than
December 11, 2008 and will supersede
this notice of system of records.
DATES:
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28135
You may submit comments,
identified by Docket Number DHS–
2008–0002 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
• Fax: 1–866–466–5370.
• Mail: Hugo Teufel III, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
FOR FURTHER INFORMATION CONTACT: For
system related questions please contact:
Mr. Frank Sisto, Program Officer/System
Manager LEIDB/Pathfinder, Office of
ISR Systems and Technology, Data
Analysis & Manipulation Division (CG–
262), Phone 202–372–2795 or by mail
correspondence, U.S. Coast Guard, 2100
Second Street, SW., Washington, DC
20593–0001. For privacy issues, please
contact: Hugo Teufel III, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background Information
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security is establishing Law
Enforcement Information Data Base
(LEIDB)/Pathfinder as a system to meet
law enforcement information
management and analysis requirements.
LEIDB is currently in limited operation.
LEIDB is receiving message traffic,
however limitations on use of the data
are in place. Coast Guard policy restricts
LEIDB queries to searches that do not
utilize U.S. Citizen or Lawful Permanent
Resident Alien PII. Once the SORN is
approved and published, new
instructions will be published allowing
PII searches.
LEIDB/Pathfinder was developed to
efficiently manage field-created
intelligence and law enforcement
related reports. These intelligence
reports vary in content but are
submitted in a standard Coast Guard
message format, which is electronically
distributed through the Coast Guard
Message System (CGMS) (and to a lesser
extent the Defense Messaging System).
CGMS is the system by which the Coast
Guard manages all general message
traffic to and from Coast Guard
components and commands. After
processing and delivering a message,
CGMS archives the message for 30 days
before they are deleted regardless of the
content of the message.
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The Assistant Commandant for
Intelligence and Criminal Investigations
(CG–2) identified a need to archive
messages for more than thirty (30) days
and to be able to perform analysis of the
data contained within the messages to
support law enforcement (LE) and
intelligence activities. LEIDB/Pathfinder
was developed and implemented to
support these requirements.
All messages sent to the LEIDB/
Pathfinder address on the CGMS are
organized within LEIDB/Pathfinder
based on message type (e.g. Field
Intelligence Report), when the
information was sent, and by whom the
information may be accessed. This
allows for easy segregation of
information based on user access
controls.
Users rely on LEIDB/Pathfinder as an
archival system to find and retrieve
records relevant to their analyses. Users
of LEIDB/Pathfinder include
intelligence analysts, watch officers,
field intelligence officers and
intelligence staff officers, and criminal
investigators. Use of LEIDB/Pathfinder
obviates the need for individual analysts
to compile records in a local storage
system, which reduces the risk of loss
or of unauthorized access to intelligence
reports. Analysts rely on LEIDB/
Pathfinder as the means to retrieve
records. Searching through unstructured
text allows the users to develop search
terms that retrieve all messages relevant
to an inquiry without reviewing
irrelevant records. Messages contained
in LEIDB/Pathfinder are not machine
processed in any fashion to enable data
manipulation.
LEIDB/Pathfinder includes tools for
analysts to conduct data correlation,
analysis, and display of data in reports.
These tools enable an analyst to sort,
search, and process locally stored
records. LEIDB/Pathfinder does not do
predictive analysis. Any search results
returned to the user are based on the
search criteria entered by the user.
LEIDB/Pathfinder is a repository for
certain CGMS messages; users must
craft their own searches.
This system will contain information
about physical characteristics of ports,
vessels, and other maritime
infrastructure. The physical
characteristics may include security
vulnerabilities, strengths and natural or
man made attributes. This system will
also contain information about
individuals. The individuals will be
U.S. Citizens, Lawful Permanent
Residents, as well as, foreign nationals
with whom the Coast Guard interacts, or
can reasonably expect to interact, in the
maritime environment. These
individuals will be owners and
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operators of vessels, maritime facilities
or otherwise engaged in maritime
activities.
Elsewhere in today’s Federal Register,
DHS has published a notice of proposed
rulemaking (NPRM) to exempt 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), (k)(1), and (k)(2).
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
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.
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 of the uses to which
personally identifiable information is
put, and to assist the individual to more
easily find such files within the agency.
In accordance with 5 U.S.C. 552a(r), a
report concerning this record system has
been sent to the Congress and to the
Office of Management and Budget.
SYSTEM OF RECORDS:
DHS/USCG–061
SYSTEM NAME:
Law Enforcement Information
Database (LEIDB)/Pathfinder.
SECURITY CLASSIFICATION:
Sensitive but unclassified to
Classified, Secret.
SYSTEM LOCATION:
The computer database is located at
U.S. Coast Guard Intelligence
Coordination Center, Department of
Homeland Security, National Maritime
Intelligence Center, Washington, DC
20395.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this notice consist of:
A. Individuals, U.S. citizens, lawful
permanent residents, and foreign
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nationals, associated with vessels,
facilities, companies, and organizations,
engaged in commercial and recreational
maritime activity on or adjacent to
waters subject to the jurisdiction of the
United States.
B. Individuals, U.S. citizens, lawful
permanent residents, and foreign
nationals, identified during enforcement
actions taken by enforcement Officials
and employees of the Coast Guard while
enforcing United States (U.S.) law,
international law, or treaties.
C. Individuals, U.S. citizens, resident
aliens, and foreign nationals, directly
and indirectly associated with
individuals listed in paragraphs A and
B of this section
D. Individuals, U.S. citizens, resident
aliens, and foreign nationals, directly
and indirectly associated with vessels,
maritime facilities and other maritime
infrastructure which are known,
suspected, or alleged to be involved in
illegal activity (e.g. contraband
trafficking, illegal migrant smuggling, or
terrorist activity).
E. Individuals, U.S. citizens, resident
aliens, and foreign nationals, identified
during a terrorist screening process as a
possible identity match to a known or
suspected terrorist.
F. Individuals, U.S. citizens, resident
aliens, and foreign nationals, identified
in or reasonably believed to be related
to reports submitted by Coast Guard
personnel engaged in enforcement
boarding’s, safety inspections, aircraft
over-flights or other means of
observation, and other Coast Guard
operational activity.
CATEGORIES OF RECORDS IN THE SYSTEM:
LEIDB/Pathfinder contains:
A. Messages delivered to the system
automatically from the Coast Guard
Messaging System (CGMS) or the
Defense Messaging System (DMS).
Additional data records may be
delivered to LEIDB/Pathfinder by Coast
Guard Intelligence personnel through an
electronic mail interface.
B. Field Intelligence Reports (FIR)
generated by any Coast Guard unit that
observes or otherwise obtains
information they believe may be
relevant to security threats,
vulnerabilities or criminal activity.
C. Request For Information (RFI)
generated by any Coast Guard unit as a
request for assistance from the
Intelligence program to better
understand a situation.
D. Intelligence Information Report
(IIR) generated by select Coast Guard
units and other government agencies
able to issue a standardized Department
of Defense message reporting
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information relevant to intelligence
requirements.
E. Situation Reports (SITREPS)
generated by Coast Guard operational
units engaged in operations providing a
status update to a developing or ongoing
operation.
F. Operational Status Reports
(OPSTAT), generated by Coast Guard
operational units to report on
operational capability of personnel,
units, and stations.
G. Operations Reports (OPREPS)
generated by Coast Guard operational
units to report the conclusion of an
operation.
H. Any other operational reports in
any format that contain information
with intelligence value are also
included and can be transmitted
through CGMS or DMS.
I. Data records related to known,
suspected, or alleged criminals as well
as individuals associated with them
(e.g., immigrants being smuggled) to
include individuals engaged in terrorist
activity in the Maritime domain.
J. Data records on facilities and their
characteristics including: Geographic
location, commodities handled,
equipment, certificates, inspection data,
pollution incidents, casualties, and
violations of all laws and international
treaties, if applicable.
K. Data records on individuals
associated with facilities and
information pertaining to directly and
indirectly related individuals,
companies, and organizations associated
with those facilities such as owners,
operators, managers, and employees.
The above reports may have the
following types of biographical
information: Names, aliases, dates of
birth, phone numbers, addresses,
nationality, identification numbers such
as A-File Number, Social Security
Number, or driver’s license number,
employer, boat registration numbers,
and physical characteristics. No
biometric data is collected or
maintained.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Records Act of 1950, Title 44
U.S.C. 3101; Title 36, Code of Federal
Regulations, chapter XII; The Maritime
Transportation Security Act of 2002,
Public Law 107–295 The Homeland
Security Act of 2002, Pub. L. 107–296;
5 U.S.C. 301; 14 U.S.C. 93, 14 U.S.C.
632; 46 U.S.C. 2306, 46 U.S.C. 3717; 46
U.S.C. 12501; 33 U.S.C. 1221 et seq.
PURPOSE(S):
LEIDB/Pathfinder enables Coast
Guard Intelligence program personnel to
manage Coast Guard message traffic that
contains law enforcement information
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collected by Coast Guard Officers and
employees in the course of their
statutory duties. It also enables analysis
of that information to improve the
effectiveness and efficiency of Coast
Guard mission performance. The Coast
Guard Intelligence Program supports the
full range of Coast Guard missions
through data collection and analysis to
meet operational Commanders
information requirements. One reason
for collection is to improve the
awareness of operational Commanders
such that they will be optimally
positioned to provide services to the
public. Another reason is to assist in the
detection, prevention, and mitigation of
all unlawful acts that occur within the
maritime environment and to support
responses to man made or naturally
occurring threats to 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):
A. To an appropriate Federal, State,
territorial, tribal, local, international, or
foreign government intelligence entity,
counterterrorism agency, or other
appropriate authority charged with
investigating threats or potential threats
to national or international security or
assisting in counterterrorism efforts,
where a record, either on its face or in
conjunction with other information,
identifies a threat or potential threat to
national or international security, or
DHS reasonably believes the
information may be useful in countering
a threat or potential treat, which
includes terrorist and espionage
activities, and disclosure is appropriate
to the proper performance of the official
duties of the person receiving the
disclosure.
B. To a Federal, State, or local agency,
or other appropriate entities or
individuals, 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.
C. To appropriate Federal, State, local,
tribal, foreign governmental agencies,
multilateral governmental organizations,
and non-governmental or private
organizations for the purpose of
protecting the vital interests of a data
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28137
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
threat or risk.
D. To U.S. Department of Defense and
related entities including, but not
limited to, the Military Sealift
Command and the U.S. Navy, to provide
safety and security information on
vessels or facilities chartered, leased, or
operated by those agencies.
E. To a Federal, State, or local agency
responsible for response and recovery
operations caused by a man made or
naturally occurring disaster for use in
such operations.
F. To the National Transportation
Safety Board and its related State
counterparts for safety investigation and
transportation safety.
G. To the International Maritime
Organization (IMO), intergovernmental
organizations, nongovernmental
organizations, or foreign governments in
order to conduct investigations,
operations, and inspections pursuant to
its authority.
H. To Federal, State, or local agencies
or foreign government agencies
pertaining to marine environmental
protection activities.
I. 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.
J. To contractors, grantees, experts,
and consultants, performing or working
on a contract, service, grant, cooperative
agreement, or other assignment for the
Federal Government, when necessary to
accomplish a DHS function related to
this system of records.
K. To an appropriate Federal, State,
territorial, 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.
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L. To the Department of Justice or
other Federal agency conducting
litigation or in proceedings before any
court, adjudicative or administrative
body, when: (a) DHS or any component
thereof, or (b) any employee of DHS in
his/her official capacity, or (c) any
employee of DHS in his/her individual
capacity where DOJ or DHS has agreed
to represent the employee, or (d) 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.
M. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections
conducted under the authority of 44
U.S.C. 2904 and 2906.
N. 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 the
Department or another agency or entity)
that rely upon the compromised
information; and (3) the disclosure
made to such agencies, entities, and
persons is reasonably necessary to assist
in connection with the Department’s
efforts to respond to the suspected or
confirmed compromise and prevent,
minimize, or remedy such harm.
O. 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.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
No disclosure.
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POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored in
electronic form in an automated data
processing (ADP) system operated and
maintained by the U.S. Coast Guard.
Backups are performed daily. Copies of
backups are stored at an offsite location.
Personal, Sensitive but Unclassified
(SBU), Unclassified, and Classified data
and records reside commingled with
each other. Classified and non-classified
information are merged on a classified
domain.
Data is stored electronically. Short
term data extracts may be in paper or
electronic form for the duration of a
specific analytic project or activity. Data
extracts are stored in appropriately
classified storage containers or on
secured electronic media in accordance
with existing security requirements.
Extracted unclassified information
will be stored in accordance DHS
Management Directive governing the
marking, storage, and handling of
unclassified sensitive information.
Unclassified information derived from
LEIDB/Pathfinder remains U.S. Coast
Guard information and is For Official
Use Only. Determinations by any user to
further disseminate, in any form,
LEIDB/Pathfinder derived information
to other entities or agencies, foreign or
domestic, must include prior
authorization from the appropriate
supervisor authorized to make such
determinations.
RETRIEVABILITY:
Information can be retrieved from
LEIDB/Pathfinder via text string search
submitted in Boolean language query
format. Data record in LEIDB/Pathfinder
do not rely on normalization or
correlation to manipulate data, there are
no prescribed data fields for LEIDB/
Pathfinder data records.
Records retrieval through string
searches enables data association by any
term, including personal identifier.
Unstructured text in a data record can
be matched to any other data record.
Specifically, information on individuals
may be retrieved by matching
individual name, Social Security
Number, passport number, or the
individual’s relationship to a vessel
(e.g., owner, shipper, consignee, crew
member, passenger, etc.). Information
may also by an innumerable amount of
non-identifying information such as
vessel name, vessel type, port location,
port status, etc.
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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 needto-know, using locks, and password
protection identification features.
Physical locations are locked after
normal duty hours and the facilities are
protected from the outside by security
personnel.
LEIDB/Pathfinder falls under the
security guidelines of the National
Maritime Intelligence Center (NMIC)
and has its own approved System
Security Plan which provides that:
All classified LEIDB/Pathfinder
equipment, records and storage devices
are located within facilities or stored in
containers approved for the storage of
all levels of classified information.
All statutory and regulatory
requirements pertinent to classified and
unclassified information have been
identified in the LEIDB/Pathfinder
System Security Plan and have been
implemented.
Access to records requiring SECRET
level is limited strictly to personnel
with SECRET or higher level clearances
and who have been determined to have
the appropriate ‘‘need to know’’.
Access to records requiring
CONFIDENTIAL level is limited strictly
to personnel with CONFIDENTIAL or
higher level clearances and who have
been determined to have the appropriate
‘‘need to know’’.
Access to all records is restricted by
login and password protection. The
scope of access to any records via login
and password is further limited based
on the official need of each individual
authorized access. The U.S. Coast Guard
will take precautions in accordance
with OMB Circular A–130, Appendix
III.
The U.S. Coast Guard will operate
LEIDB/Pathfinder in consonance with
Federal security regulations, policy,
procedures, standards and guidance for
implementing the Automated
Information Systems Security Program.
Specific Coast Guard operating rules
include Command certification that an
individual Officer or employee requires
access to LEIDB/Pathfinder to perform
official duties. Individual Officers and
employees must certify knowledge of
Coast Guard policies limiting the use of
PII and FOUO information. Individual
Officers and employees must certify
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agreement to proper use of data records
contained in LEIDB/Pathfinder and
must agree to meet minimum security
requirements.
RETENTION AND DISPOSAL:
All records, but not including audit
records maintained to document user
access to information relating to specific
individuals, are maintained within the
system for ten (10) years. These records
are then destroyed. Audit records are
maintained for five years from the date
of last use by any given user then
destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Department of Homeland Security
United States Coast Guard, Assistant
Commandant for Intelligence and
Criminal Investigations (CG–2), Office of
ISR Systems and Technology, Data
Analysis and Manipulation Division
(CG–262), 2100 2nd Street, SW.,
Washington, DC 20593–0001.
NOTIFICATION PROCEDURE:
Because this system contains
classified and sensitive unclassified
information related to intelligence,
counterterrorism, homeland security,
and law enforcement programs, records
in this system have been exempted from
notification, access, and amendment to
the extent permitted by subsection (j)(2)
and (k)(1) and (k)(2) of the Privacy Act.
General inquiries regarding LEIDB/
Pathfinder may be directed to
Department of Homeland Security
United States Coast Guard, Assistant
Commandant for Intelligence and
Criminal Investigations (CG–2), Office of
ISR Systems and Technology, Data
Analysis and Manipulation Division
(CG–262), 2100 2nd Street, SW.,
Washington, DC 20593–0001. Submit a
written request that includes your name,
mailing address, social security number
to the above listed system manager.
mstockstill on PROD1PC66 with NOTICES
RECORD ACCESS PROCEDURE:
Because this system contains
classified and sensitive unclassified
information related to intelligence,
counterterrorism, homeland security,
and law enforcement programs, records
in this system have been exempted from
notification, access, and amendment to
the extent permitted by subsection (j)(2)
and (k)(1) and (k)(2) of the Privacy Act.
Nonetheless, DHS will examine each
separate request on a case-by-case basis,
and, after conferring with the
appropriate component or agency, may
waive applicable exemptions in
appropriate circumstances and where it
would not appear to interfere with or
adversely affect the law enforcement or
national security purposes of the
VerDate Aug<31>2005
16:18 May 14, 2008
Jkt 214001
systems from which the information is
recompiled or in which it is contained.
Write the FOIA/Privacy Act Officer
(CG–611), FOIA/Privacy Act Request at
the address given above in accordance
with the ‘‘Notification Procedure’’.
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 to you 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,
https://www.dhs.gov/foia 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.
Further information may also be
found at https://www.dhs.gov/foia.
CONTESTING RECORD PROCEDURES:
Because this system contains
classified and sensitive unclassified
information related to intelligence,
counterterrorism, homeland security,
and law enforcement programs, records
in this system have been exempted from
notification, access, and amendment to
the extent permitted by subsection (j)(2)
and (k)(1) and (k)(2) of the Privacy Act.
A request to amend non-exempt records
in this system may be made by writing
to the System Manager, identified
above, in conformance with 6 CFR Part
5, Subpart B, which provides the rules
for requesting access to Privacy Act
records maintained by DHS.
PO 00000
Frm 00042
Fmt 4703
Sfmt 4703
28139
RECORD SOURCE CATEGORIES:
Information contained in LEIDB/
Pathfinder is gathered from a variety of
sources both internal and external to the
Coast Guard. Source information may
come from at sea boardings,
investigations, vessel notice of arrival
reports, U.S. Coast Guard personnel
(both direct observations and interviews
of non-Coast Guard personnel), law
enforcement notices, commercial
sources, as well as other federal, state,
local and international agencies who are
related to the maritime sector and/or
national security sector.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2) of the
Privacy Act, the records and
information in this system are exempt
from 5 U.S.C. 552a(c)(3) and (4), (d),
(e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and (I),
(e)(5), (e)(8), (f), and (g). Pursuant to 5
U.S.C. 552a(k)(1) and (k)(2) of the
Privacy Act the records and information
in the system are exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f). A Notice of Proposed
Rulemaking for exempting this record
system has been promulgated in
accordance with the requirements of 5
U.S.C. 553(b)(1), (2), and (3), (c), and (e)
and is being published [in 6 CFR part 5]
concurrently with publication of this
Notice Establishing a New Systems of
Records in the Federal Register.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E8–10894 Filed 5–14–08; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0042 ]
Privacy Act of 1974; General
Information Technology Access
Account Records System
Privacy Office; DHS.
Notice of Privacy Act system of
records update.
AGENCY:
ACTION:
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to update a system of
records in its inventory. The
Department of Homeland Security is
updating the General Information
Technology Access Account Records
System system of records notice to
include four new routine uses and to
add to the categories of records covered
by the system. The first new routine use
E:\FR\FM\15MYN1.SGM
15MYN1
Agencies
[Federal Register Volume 73, Number 95 (Thursday, May 15, 2008)]
[Notices]
[Pages 28135-28139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-10894]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0002]
Privacy Act of 1974; System of Record
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy system of records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Privacy Act of 1974, the Department of
Homeland Security, United States Coast Guard is publishing this notice
of system of records entitled the Law Enforcement Information Data Base
(LEIDB)/Pathfinder. 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. Due to urgent homeland security and law
enforcement mission needs, LEIDB is currently in limited operation.
Recognizing that USCG is publishing a notice of system of records for
an existing system, USCG will carefully consider public comments, apply
appropriate revisions, and republish the LEIDB notice of system of
records within 180 days of receipt of comments. Additionally, a Privacy
Impact Assessment will be posted on the Department's privacy Web site.
(See https://www.dhs.gov/privacy and follow the link to ``Privacy Impact
Assessments'').
DATES: Comments must be received on or before June 16, 2008. The
established system of records will be effective June 16, 2008. A
revised LEIDB notice of system of records that addresses public
comments and includes other USCG changes will be published not later
than December 11, 2008 and will supersede this notice of system of
records.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2008-0002 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. All comments received
will be posted without change to https://www.regulations.gov, including
any personal information provided.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: For system related questions please
contact: Mr. Frank Sisto, Program Officer/System Manager LEIDB/
Pathfinder, Office of ISR Systems and Technology, Data Analysis &
Manipulation Division (CG-262), Phone 202-372-2795 or by mail
correspondence, U.S. Coast Guard, 2100 Second Street, SW., Washington,
DC 20593-0001. For privacy issues, please contact: Hugo Teufel III,
Chief Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background Information
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security is establishing Law Enforcement
Information Data Base (LEIDB)/Pathfinder as a system to meet law
enforcement information management and analysis requirements. LEIDB is
currently in limited operation. LEIDB is receiving message traffic,
however limitations on use of the data are in place. Coast Guard policy
restricts LEIDB queries to searches that do not utilize U.S. Citizen or
Lawful Permanent Resident Alien PII. Once the SORN is approved and
published, new instructions will be published allowing PII searches.
LEIDB/Pathfinder was developed to efficiently manage field-created
intelligence and law enforcement related reports. These intelligence
reports vary in content but are submitted in a standard Coast Guard
message format, which is electronically distributed through the Coast
Guard Message System (CGMS) (and to a lesser extent the Defense
Messaging System). CGMS is the system by which the Coast Guard manages
all general message traffic to and from Coast Guard components and
commands. After processing and delivering a message, CGMS archives the
message for 30 days before they are deleted regardless of the content
of the message.
[[Page 28136]]
The Assistant Commandant for Intelligence and Criminal
Investigations (CG-2) identified a need to archive messages for more
than thirty (30) days and to be able to perform analysis of the data
contained within the messages to support law enforcement (LE) and
intelligence activities. LEIDB/Pathfinder was developed and implemented
to support these requirements.
All messages sent to the LEIDB/Pathfinder address on the CGMS are
organized within LEIDB/Pathfinder based on message type (e.g. Field
Intelligence Report), when the information was sent, and by whom the
information may be accessed. This allows for easy segregation of
information based on user access controls.
Users rely on LEIDB/Pathfinder as an archival system to find and
retrieve records relevant to their analyses. Users of LEIDB/Pathfinder
include intelligence analysts, watch officers, field intelligence
officers and intelligence staff officers, and criminal investigators.
Use of LEIDB/Pathfinder obviates the need for individual analysts to
compile records in a local storage system, which reduces the risk of
loss or of unauthorized access to intelligence reports. Analysts rely
on LEIDB/Pathfinder as the means to retrieve records. Searching through
unstructured text allows the users to develop search terms that
retrieve all messages relevant to an inquiry without reviewing
irrelevant records. Messages contained in LEIDB/Pathfinder are not
machine processed in any fashion to enable data manipulation.
LEIDB/Pathfinder includes tools for analysts to conduct data
correlation, analysis, and display of data in reports. These tools
enable an analyst to sort, search, and process locally stored records.
LEIDB/Pathfinder does not do predictive analysis. Any search results
returned to the user are based on the search criteria entered by the
user. LEIDB/Pathfinder is a repository for certain CGMS messages; users
must craft their own searches.
This system will contain information about physical characteristics
of ports, vessels, and other maritime infrastructure. The physical
characteristics may include security vulnerabilities, strengths and
natural or man made attributes. This system will also contain
information about individuals. The individuals will be U.S. Citizens,
Lawful Permanent Residents, as well as, foreign nationals with whom the
Coast Guard interacts, or can reasonably expect to interact, in the
maritime environment. These individuals will be owners and operators of
vessels, maritime facilities or otherwise engaged in maritime
activities.
Elsewhere in today's Federal Register, DHS has published a notice
of proposed rulemaking (NPRM) to exempt 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), (k)(1), and (k)(2).
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
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.
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 of the uses to which
personally identifiable information is put, and to assist the
individual to more easily find such files within the agency.
In accordance with 5 U.S.C. 552a(r), a report concerning this
record system has been sent to the Congress and to the Office of
Management and Budget.
SYSTEM OF RECORDS:
DHS/USCG-061
SYSTEM NAME:
Law Enforcement Information Database (LEIDB)/Pathfinder.
SECURITY CLASSIFICATION:
Sensitive but unclassified to Classified, Secret.
SYSTEM LOCATION:
The computer database is located at U.S. Coast Guard Intelligence
Coordination Center, Department of Homeland Security, National Maritime
Intelligence Center, Washington, DC 20395.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this notice consist of:
A. Individuals, U.S. citizens, lawful permanent residents, and
foreign nationals, associated with vessels, facilities, companies, and
organizations, engaged in commercial and recreational maritime activity
on or adjacent to waters subject to the jurisdiction of the United
States.
B. Individuals, U.S. citizens, lawful permanent residents, and
foreign nationals, identified during enforcement actions taken by
enforcement Officials and employees of the Coast Guard while enforcing
United States (U.S.) law, international law, or treaties.
C. Individuals, U.S. citizens, resident aliens, and foreign
nationals, directly and indirectly associated with individuals listed
in paragraphs A and B of this section
D. Individuals, U.S. citizens, resident aliens, and foreign
nationals, directly and indirectly associated with vessels, maritime
facilities and other maritime infrastructure which are known,
suspected, or alleged to be involved in illegal activity (e.g.
contraband trafficking, illegal migrant smuggling, or terrorist
activity).
E. Individuals, U.S. citizens, resident aliens, and foreign
nationals, identified during a terrorist screening process as a
possible identity match to a known or suspected terrorist.
F. Individuals, U.S. citizens, resident aliens, and foreign
nationals, identified in or reasonably believed to be related to
reports submitted by Coast Guard personnel engaged in enforcement
boarding's, safety inspections, aircraft over-flights or other means of
observation, and other Coast Guard operational activity.
CATEGORIES OF RECORDS IN THE SYSTEM:
LEIDB/Pathfinder contains:
A. Messages delivered to the system automatically from the Coast
Guard Messaging System (CGMS) or the Defense Messaging System (DMS).
Additional data records may be delivered to LEIDB/Pathfinder by Coast
Guard Intelligence personnel through an electronic mail interface.
B. Field Intelligence Reports (FIR) generated by any Coast Guard
unit that observes or otherwise obtains information they believe may be
relevant to security threats, vulnerabilities or criminal activity.
C. Request For Information (RFI) generated by any Coast Guard unit
as a request for assistance from the Intelligence program to better
understand a situation.
D. Intelligence Information Report (IIR) generated by select Coast
Guard units and other government agencies able to issue a standardized
Department of Defense message reporting
[[Page 28137]]
information relevant to intelligence requirements.
E. Situation Reports (SITREPS) generated by Coast Guard operational
units engaged in operations providing a status update to a developing
or ongoing operation.
F. Operational Status Reports (OPSTAT), generated by Coast Guard
operational units to report on operational capability of personnel,
units, and stations.
G. Operations Reports (OPREPS) generated by Coast Guard operational
units to report the conclusion of an operation.
H. Any other operational reports in any format that contain
information with intelligence value are also included and can be
transmitted through CGMS or DMS.
I. Data records related to known, suspected, or alleged criminals
as well as individuals associated with them (e.g., immigrants being
smuggled) to include individuals engaged in terrorist activity in the
Maritime domain.
J. Data records on facilities and their characteristics including:
Geographic location, commodities handled, equipment, certificates,
inspection data, pollution incidents, casualties, and violations of all
laws and international treaties, if applicable.
K. Data records on individuals associated with facilities and
information pertaining to directly and indirectly related individuals,
companies, and organizations associated with those facilities such as
owners, operators, managers, and employees.
The above reports may have the following types of biographical
information: Names, aliases, dates of birth, phone numbers, addresses,
nationality, identification numbers such as A-File Number, Social
Security Number, or driver's license number, employer, boat
registration numbers, and physical characteristics. No biometric data
is collected or maintained.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Records Act of 1950, Title 44 U.S.C. 3101; Title 36, Code
of Federal Regulations, chapter XII; The Maritime Transportation
Security Act of 2002, Public Law 107-295 The Homeland Security Act of
2002, Pub. L. 107-296; 5 U.S.C. 301; 14 U.S.C. 93, 14 U.S.C. 632; 46
U.S.C. 2306, 46 U.S.C. 3717; 46 U.S.C. 12501; 33 U.S.C. 1221 et seq.
PURPOSE(S):
LEIDB/Pathfinder enables Coast Guard Intelligence program personnel
to manage Coast Guard message traffic that contains law enforcement
information collected by Coast Guard Officers and employees in the
course of their statutory duties. It also enables analysis of that
information to improve the effectiveness and efficiency of Coast Guard
mission performance. The Coast Guard Intelligence Program supports the
full range of Coast Guard missions through data collection and analysis
to meet operational Commanders information requirements. One reason for
collection is to improve the awareness of operational Commanders such
that they will be optimally positioned to provide services to the
public. Another reason is to assist in the detection, prevention, and
mitigation of all unlawful acts that occur within the maritime
environment and to support responses to man made or naturally occurring
threats to 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):
A. To an appropriate Federal, State, territorial, tribal, local,
international, or foreign government intelligence entity,
counterterrorism agency, or other appropriate authority charged with
investigating threats or potential threats to national or international
security or assisting in counterterrorism efforts, where a record,
either on its face or in conjunction with other information, identifies
a threat or potential threat to national or international security, or
DHS reasonably believes the information may be useful in countering a
threat or potential treat, which includes terrorist and espionage
activities, and disclosure is appropriate to the proper performance of
the official duties of the person receiving the disclosure.
B. To a Federal, State, or local agency, or other appropriate
entities or individuals, 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.
C. To appropriate Federal, State, local, tribal, foreign
governmental agencies, multilateral governmental organizations, and
non-governmental or private 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 threat or risk.
D. To U.S. Department of Defense and related entities including,
but not limited to, the Military Sealift Command and the U.S. Navy, to
provide safety and security information on vessels or facilities
chartered, leased, or operated by those agencies.
E. To a Federal, State, or local agency responsible for response
and recovery operations caused by a man made or naturally occurring
disaster for use in such operations.
F. To the National Transportation Safety Board and its related
State counterparts for safety investigation and transportation safety.
G. To the International Maritime Organization (IMO),
intergovernmental organizations, nongovernmental organizations, or
foreign governments in order to conduct investigations, operations, and
inspections pursuant to its authority.
H. To Federal, State, or local agencies or foreign government
agencies pertaining to marine environmental protection activities.
I. 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.
J. To contractors, grantees, experts, and consultants, performing
or working on a contract, service, grant, cooperative agreement, or
other assignment for the Federal Government, when necessary to
accomplish a DHS function related to this system of records.
K. To an appropriate Federal, State, territorial, 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.
[[Page 28138]]
L. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when: (a) DHS or any component thereof, or (b) any
employee of DHS in his/her official capacity, or (c) any employee of
DHS in his/her individual capacity where DOJ or DHS has agreed to
represent the employee, or (d) 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.
M. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
conducted under the authority of 44 U.S.C. 2904 and 2906.
N. 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 the Department or another agency or entity) that rely
upon the compromised information; and (3) the disclosure made to such
agencies, entities, and persons is reasonably necessary to assist in
connection with the Department's efforts to respond to the suspected or
confirmed compromise and prevent, minimize, or remedy such harm.
O. 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.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
No disclosure.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored in electronic form in an
automated data processing (ADP) system operated and maintained by the
U.S. Coast Guard. Backups are performed daily. Copies of backups are
stored at an offsite location. Personal, Sensitive but Unclassified
(SBU), Unclassified, and Classified data and records reside commingled
with each other. Classified and non-classified information are merged
on a classified domain.
Data is stored electronically. Short term data extracts may be in
paper or electronic form for the duration of a specific analytic
project or activity. Data extracts are stored in appropriately
classified storage containers or on secured electronic media in
accordance with existing security requirements.
Extracted unclassified information will be stored in accordance DHS
Management Directive governing the marking, storage, and handling of
unclassified sensitive information. Unclassified information derived
from LEIDB/Pathfinder remains U.S. Coast Guard information and is For
Official Use Only. Determinations by any user to further disseminate,
in any form, LEIDB/Pathfinder derived information to other entities or
agencies, foreign or domestic, must include prior authorization from
the appropriate supervisor authorized to make such determinations.
RETRIEVABILITY:
Information can be retrieved from LEIDB/Pathfinder via text string
search submitted in Boolean language query format. Data record in
LEIDB/Pathfinder do not rely on normalization or correlation to
manipulate data, there are no prescribed data fields for LEIDB/
Pathfinder data records.
Records retrieval through string searches enables data association
by any term, including personal identifier. Unstructured text in a data
record can be matched to any other data record. Specifically,
information on individuals may be retrieved by matching individual
name, Social Security Number, passport number, or the individual's
relationship to a vessel (e.g., owner, shipper, consignee, crew member,
passenger, etc.). Information may also by an innumerable amount of non-
identifying information such as vessel name, vessel type, port
location, port status, etc.
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. Physical locations are locked after
normal duty hours and the facilities are protected from the outside by
security personnel.
LEIDB/Pathfinder falls under the security guidelines of the
National Maritime Intelligence Center (NMIC) and has its own approved
System Security Plan which provides that:
All classified LEIDB/Pathfinder equipment, records and storage
devices are located within facilities or stored in containers approved
for the storage of all levels of classified information.
All statutory and regulatory requirements pertinent to classified
and unclassified information have been identified in the LEIDB/
Pathfinder System Security Plan and have been implemented.
Access to records requiring SECRET level is limited strictly to
personnel with SECRET or higher level clearances and who have been
determined to have the appropriate ``need to know''.
Access to records requiring CONFIDENTIAL level is limited strictly
to personnel with CONFIDENTIAL or higher level clearances and who have
been determined to have the appropriate ``need to know''.
Access to all records is restricted by login and password
protection. The scope of access to any records via login and password
is further limited based on the official need of each individual
authorized access. The U.S. Coast Guard will take precautions in
accordance with OMB Circular A-130, Appendix III.
The U.S. Coast Guard will operate LEIDB/Pathfinder in consonance
with Federal security regulations, policy, procedures, standards and
guidance for implementing the Automated Information Systems Security
Program. Specific Coast Guard operating rules include Command
certification that an individual Officer or employee requires access to
LEIDB/Pathfinder to perform official duties. Individual Officers and
employees must certify knowledge of Coast Guard policies limiting the
use of PII and FOUO information. Individual Officers and employees must
certify
[[Page 28139]]
agreement to proper use of data records contained in LEIDB/Pathfinder
and must agree to meet minimum security requirements.
RETENTION AND DISPOSAL:
All records, but not including audit records maintained to document
user access to information relating to specific individuals, are
maintained within the system for ten (10) years. These records are then
destroyed. Audit records are maintained for five years from the date of
last use by any given user then destroyed.
SYSTEM MANAGER(S) AND ADDRESS:
Department of Homeland Security United States Coast Guard,
Assistant Commandant for Intelligence and Criminal Investigations (CG-
2), Office of ISR Systems and Technology, Data Analysis and
Manipulation Division (CG-262), 2100 2nd Street, SW., Washington, DC
20593-0001.
NOTIFICATION PROCEDURE:
Because this system contains classified and sensitive unclassified
information related to intelligence, counterterrorism, homeland
security, and law enforcement programs, records in this system have
been exempted from notification, access, and amendment to the extent
permitted by subsection (j)(2) and (k)(1) and (k)(2) of the Privacy
Act.
General inquiries regarding LEIDB/Pathfinder may be directed to
Department of Homeland Security United States Coast Guard, Assistant
Commandant for Intelligence and Criminal Investigations (CG-2), Office
of ISR Systems and Technology, Data Analysis and Manipulation Division
(CG-262), 2100 2nd Street, SW., Washington, DC 20593-0001. Submit a
written request that includes your name, mailing address, social
security number to the above listed system manager.
RECORD ACCESS PROCEDURE:
Because this system contains classified and sensitive unclassified
information related to intelligence, counterterrorism, homeland
security, and law enforcement programs, records in this system have
been exempted from notification, access, and amendment to the extent
permitted by subsection (j)(2) and (k)(1) and (k)(2) of the Privacy
Act. Nonetheless, DHS will examine each separate request on a case-by-
case basis, and, after conferring with the appropriate component or
agency, may waive applicable exemptions in appropriate circumstances
and where it would not appear to interfere with or adversely affect the
law enforcement or national security purposes of the systems from which
the information is recompiled or in which it is contained.
Write the FOIA/Privacy Act Officer (CG-611), FOIA/Privacy Act
Request at the address given above in accordance with the
``Notification Procedure''.
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 to
you 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, https://www.dhs.gov/foia 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.
Further information may also be found at https://www.dhs.gov/foia.
CONTESTING RECORD PROCEDURES:
Because this system contains classified and sensitive unclassified
information related to intelligence, counterterrorism, homeland
security, and law enforcement programs, records in this system have
been exempted from notification, access, and amendment to the extent
permitted by subsection (j)(2) and (k)(1) and (k)(2) of the Privacy
Act. A request to amend non-exempt records in this system may be made
by writing to the System Manager, identified above, in conformance with
6 CFR Part 5, Subpart B, which provides the rules for requesting access
to Privacy Act records maintained by DHS.
RECORD SOURCE CATEGORIES:
Information contained in LEIDB/Pathfinder is gathered from a
variety of sources both internal and external to the Coast Guard.
Source information may come from at sea boardings, investigations,
vessel notice of arrival reports, U.S. Coast Guard personnel (both
direct observations and interviews of non-Coast Guard personnel), law
enforcement notices, commercial sources, as well as other federal,
state, local and international agencies who are related to the maritime
sector and/or national security sector.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2) of the Privacy Act, the records and
information in this system are exempt from 5 U.S.C. 552a(c)(3) and (4),
(d), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H), and (I), (e)(5), (e)(8),
(f), and (g). Pursuant to 5 U.S.C. 552a(k)(1) and (k)(2) of the Privacy
Act the records and information in the system are exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). A
Notice of Proposed Rulemaking for exempting this record system has been
promulgated in accordance with the requirements of 5 U.S.C. 553(b)(1),
(2), and (3), (c), and (e) and is being published [in 6 CFR part 5]
concurrently with publication of this Notice Establishing a New Systems
of Records in the Federal Register.
Hugo Teufel III,
Chief Privacy Officer.
[FR Doc. E8-10894 Filed 5-14-08; 8:45 am]
BILLING CODE 4410-10-P