Privacy Act of 1974; United States Coast Guard--015 Legal Assistance Case Files System of Records, 75455-75458 [E8-29396]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75455-75458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29396]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0114]


Privacy Act of 1974; United States Coast Guard--015 Legal 
Assistance Case Files System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, and as part of the 
Department of Homeland Security's ongoing effort to review and update 
legacy systems of record notices the Department of Homeland Security is 
giving notice that it proposes to update and reissue the following 
legacy record system, DOT/CG 511 Legal Assistance Case Files System, 
April 11, 2000, as a Department of Homeland Security system of records 
notice titled, United States Coast Guard Legal Assistance Case Files. 
This system will permit the United States Coast Guard to facilitate the 
provision of legal assistance to eligible clients seeking personal 
legal assistance. Categories of individuals and categories of records 
have been reviewed, and the routine uses of this legacy system of 
records notice have been updated to better reflect the Department of 
Homeland Security and the United States Coast Guard's legal assistance 
case files record system. This new system will be included in the 
Department of Homeland Security's inventory of record systems.

DATES: Written comments must be submitted on or before January 12, 
2009. This new system will be effective January 12, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0114 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 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: For general questions please contact: 
David Roberts (202-475-3521), Privacy Officer, United States Coast 
Guard. For privacy issues please contact: Hugo Teufel III (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, section 1512, 116 Stat. 2310 (November 25, 
2002), the Department of Homeland Security (DHS) and United States 
Coast Guard (USCG) have relied on preexisting Privacy Act systems of 
records notices for the collection and maintenance of records that 
concern legal assistance case files pertaining to USCG military 
personnel seeking personal legal assistance.
    As part of its efforts to streamline and consolidate its record 
systems, DHS is updating and reissuing a USCG system of records under 
the Privacy Act (5 U.S.C. 552a) that deals with USCG military personnel 
seeking legal assistance. This record system will allow DHS/USCG to 
collect and maintain records regarding legal assistance. The collection 
and maintenance of this information will assist DHS/USCG in providing 
personal legal assistance to USCG military personnel.
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of records notices, 
DHS is giving notice that it proposes to update and reissue the 
following legacy record system, DOT/CG 511 Legal Assistance Case Files 
System (65 FR 19475 April 11, 2000) as a DHS/USCG system of records 
notice titled, Legal Assistance Case Files. This system will permit 
DHS/USCG to facilitate the provision of legal assistance to eligible 
clients seeking personal legal assistance. Categories of individuals 
and categories of records have been reviewed, and the routine uses of 
this legacy system of records notice have been updated to better 
reflect DHS/USCG legal assistance case files record system. This new 
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 record keeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the Legal Assistance 
Case Files System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this new system of records to the Office of Management and Budget and 
to Congress.
System of Records: DHS/USCG-015

SYSTEM NAME:
    United States Coast Guard Legal Assistance Case Files.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the United States Coast Guard 
Headquarters in Washington, DC and field offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include:
     Military personnel of the armed forces who are on active 
duty (including reservists on active duty or scheduled for deployment).
     Military personnel and former military personnel entitled 
to retired or retainer pay or equivalent pay.
     Officers of the commissioned corps of the Public Health 
Service who are on active duty or entitled to retired or equivalent 
pay.
     Dependents of military personnel (including dependents of 
reservists on active duty or scheduled for deployment) and retired 
military personnel described above.
     Other persons authorized by The Judge Advocate General.

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CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in this system include:
     Individual's name, rank, employee identification number 
(EMPLID), date of birth, duty station, telephone numbers, work and home 
addresses;
     Case number;
     Information concerning the personal matters handled by 
these offices for clients (e.g. executing wills, power of attorney, 
separation/divorce, landlord/tenant issues, consumer issues).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; 10 U.S.C. 
1044; and Commandant Instruction 5801.4E.

PURPOSE(S):
    The purpose of this system is to facilitate the provisions of legal 
assistance to eligible clients seeking personal legal assistance.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records of 
information contained in this system may be disclosed outside DHS, 
subject to attorney ethical requirements regarding confidentiality and 
privilege, as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where 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 who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

RETRIEVABILITY:
    Records may be retrieved alphabetically by name or case number.

SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the information that is being 
stored. Access to the computer system containing the records in this 
system is limited to those individuals who have a need to know the 
information for the performance of their official duties and who have 
appropriate clearances or permissions.

RETENTION AND DISPOSAL:
    Records are destroyed or deleted 3 years after case is closed or 
when no longer needed by an attorney's state bar, whichever is later. 
(AUTH: N1-26-06-3, Item 1)

SYSTEM MANAGER AND ADDRESS:
    Commandant, CG-094, Office of Judge Advocate General (JAG), United 
States Coast Guard Headquarters, 2100 2nd Street, SW., Washington, DC 
20593-0001.

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 USCG, Commandant, CG-094, Office of 
Judge Advocate General (JAG), United States Coast Guard Headquarters, 
2100 2nd Street, SW., Washington, DC 20593-0001. Specific FOIA contact 
information can be found at https://www.dhs.gov/foia under ``contacts.''
    When seeking records about yourself from this system of records or 
any other USCG 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 
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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,
     Specify when you believe the records would have been 
created,
     If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the USCG may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

RECORD ACCESS PROCEDURES:
    See ``Notification procedure'' above.

CONTESTING RECORD PROCEDURES:
    See ``Notification procedure'' above.

RECORD SOURCE CATEGORIES:
    Records are obtained directly from the client involved and during 
any subsequent investigation by the legal officer on behalf of the 
client.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: December 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29396 Filed 12-10-08; 8:45 am]
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