Privacy Act of 1974; Department of Homeland Security Mailing and Other Lists System of Records, 71659-71661 [E8-28053]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71659-71661]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28053]


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

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0092]


Privacy Act of 1974; Department of Homeland Security Mailing and 
Other Lists 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 update one 
record system titled, DHS/ALL-002 Department of Homeland Security 
Mailing and Other Lists System. Categories of records have been changed 
to reflect the removal of emergency contact information which has been 
moved to the Emergency Personnel Location System of Records (October 
17, 2008). The routine uses of this system of records have been updated 
to include the ability to share information for audits; for breach 
mitigation; with Federal, State and local agencies; with the Department 
of Justice; and with the news media. This updated system will be 
included in DHS's inventory of record systems.

DATES: Written comments must be submitted on or before December 26, 
2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0092 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.
     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 https://
www.regulations.gov, including any personally identifiable 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: For general questions and privacy 
issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy 
Officer, Privacy Office, Department of Homeland Security, Washington, 
DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security (DHS) is updating and reissuing 
an agency-wide system of records under the Privacy Act (5 U.S.C. 552a) 
for DHS mailing and other lists. These lists are used to facilitate 
mailings to multiple addressees and other activities in furtherance of 
DHS duties. DHS and its components and offices use the system to 
account for all persons appearing on mailing lists collected and 
maintained throughout DHS to facilitate mailings to multiple addressees 
and other activities in furtherance of DHS duties.
    In accordance with the Privacy Act of 1974, DHS is giving notice 
that it proposes to update one record system titled, DHS/ALL-002 
Department of Homeland Security Mailing and Other Lists System (69 FR 
70460 December 9, 2004). Categories of records have been changed to 
reflect the removal of emergency contact information which has been 
moved to Emergency Personnel Location System of Records (73 FR 61888 
October 17, 2008). The routine uses of this system of records have been 
changed to reflect the addition of information sharing for audits of 
the Department and it's components; for breach mitigation to prevent 
the unauthorized use or disclosure of information and to prepare for 
privacy related incidents; with Federal, State and local agencies 
related to tracking and completion of training; with the Department of 
Justice; with the news media. This updated 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' 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 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 their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of the DHS 
Mailing and Other Lists System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this updated system of records to the Office of Management and Budget 
and to Congress.
SYSTEM OF RECORDS
DHS/ALL-002

System name:
    Department of Homeland Security Mailing and Other Lists System of 
Records.

Security classification:
    Unclassified.

System location:
    This system of records is located in the Department of Homeland 
Security,

[[Page 71660]]

Washington, DC 20528, as well as in the component DHS offices.

Categories of individuals covered by the system:
    All persons appearing on mailing lists maintained throughout DHS to 
facilitate mailings to multiple addressees and other activities in 
furtherance of DHS duties. These lists include persons who have 
requested DHS material; members of the news media who have provided 
contact information; persons who serve on DHS boards and committees 
other than those covered by the Federal Advisory Committee Act which 
are covered under DHS/ALL 009 Advisory Committees (73 FR 57639), and 
other individuals having business with DHS who have provided contact 
information; individuals who enter contests sponsored by DHS; 
contractors or other individuals who work or attend meetings at DHS; 
and other persons who attend or have an interest in DHS programs, 
contests, exhibits, conferences, training courses, and similar events.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Age;
     School grade; (where appropriate)
     School name; (where appropriate)
     Telephone numbers;
     E-mail address;
     Mailing address;
     Position/title;
     Business affiliation (where appropriate);
     Other contact information provided to DHS by individuals 
covered by this system of records; and
     Computer-generated identifier or case number where created 
in order to retrieve information.

Authority for maintenance of the system:
    5 U.S.C. 301; 44 U.S.C. 3101.

Purpose(s):
    The system is maintained for the purpose of mailing informational 
literature or responses to those who request it; maintaining lists of 
individuals who attend meetings; maintaining information regarding 
individuals who enter contests sponsored by DHS; and for other purposes 
for which mailing or contact lists may be created.

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 
Department of Homeland Security (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 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 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 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 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.
    J. 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:
    Information typically will be retrieved by an identification number 
assigned by computer or case number where created for tracking 
purposes, by e-mail address, or by name of an individual.

Safeguards:
    Records in this system are safeguarded in accordance with

[[Page 71661]]

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:
    Some records are retained and disposed of in accordance with the 
National Archives and Records Administration's General Records Schedule 
12 (Communications Records). Other records are retained and disposed of 
in accordance with General Records Schedule 1. Files may be retained 
for up to three years or less depending on the record. For records that 
may be used in litigation, the files related to that litigation will be 
retained for three years after final court adjudication.

System Manager and address:
    For Headquarters components of the Department of Homeland Security, 
the System Manager is the Director of Departmental Disclosure, 
Department of Homeland Security, Washington, DC 20528. For components 
of the Department of Homeland Security, the System Manager can be found 
at https://www.dhs.gov/foia under ``contacts.''

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 https://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, https://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:
    Information contained in this system is obtained from affected 
individuals/organizations, public source data, other government 
agencies and/or information already in other DHS records systems.

Exemptions claimed for the system:
    None.

    Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-28053 Filed 11-24-08; 8:45 am]
BILLING CODE 4410-10-P