Privacy Act of 1974; U.S. Customs and Border Protection-012 Closed Circuit Television System System of Records, 77799-77801 [E8-29838]

Agencies

• Office of the Secretary
• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77799-77801]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29838]



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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0158]


Privacy Act of 1974; U.S. Customs and Border Protection--012 
Closed Circuit Television System 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 system of record notices, the Department of Homeland Security 
proposes to update and reissue the following legacy record system, 
Treasury/CS.226 Television System, October 18, 2001, as a U.S. Customs 
and Border Protection system of records notice titled, U.S. Customs and 
Border Protection--012 Closed Circuit Television System. Categories of 
individuals, categories of records, and the routine uses of this legacy 
system of records notice have been reviewed and updated to better 
reflect the U.S. Customs and Border Protection--012 Closed Circuit 
Television System record system. Additionally, elsewhere in today's 
Federal Register, a notice of proposed rulemaking is being issued which 
will exempt this system of records from certain aspects of the Privacy 
Act. This reissued 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 20, 
2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0158 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 to https://www.regulations.gov, 
including any personal information provided.
     Docket: For access to the docket, to read background 
documents, or comments received go to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact: 
Laurence E. Castelli (202-572-0280), Chief, Privacy Act Policy and 
Procedures Branch, U.S. Customs and Border Protection, Office of 
International Trade, Regulations & Rulings, Mint Annex, 1300 
Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues 
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 U.S. Customs and 
Border Protection (CBP) have relied on preexisting Privacy Act system 
of records notice, Treasury/CS.226 Television System (66 FR 52984 
October 18, 2001), for the collection and maintenance of records that 
concern the DHS/CBP--012 Closed Circuit Television System.
    As part of its efforts to streamline and consolidate its record 
systems, DHS is updating and reissuing a DHS/CBP system of records 
notice under the Privacy Act (5 U.S.C. 552a) that concerns people 
involved in incidents or disturbances related to DHS/CBP inspections 
while seeking admission into the United States. This record system 
allows DHS/CBP to videotape persons being escorted within a port of 
entry. The collection and maintenance of this information assists DHS/
CBP in recording individuals who are part of an incident or disturbance 
during a secondary inspection or individuals who received a secondary 
inspection due to an incident or disturbance.
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of record notices, 
DHS/CBP proposes to update and reissue the following legacy record 
system, Treasury/CS.226 Television System (66 FR 52984 October 18, 
2001), as a DHS/CBP system of records notice titled, U.S. Customs and 
Border Protection--012 Closed Circuit Television System. Categories of 
individuals, categories of records, and the routine uses of this legacy 
system of records notice have been reviewed and updated to better 
reflect the DHS/CBP--012 Closed Circuit Television System record 
system. Additionally, elsewhere in today's Federal Register, a notice 
of proposed rulemaking is being issued which will exempt this system of 
records from certain aspects of the Privacy Act. This reissued 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 U.S. 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 U.S. citizens and lawful permanent residents. As a 
matter of policy, DHS extends administrative Privacy Act protections to 
all individuals where systems of records maintain information on U.S. 
citizens, lawful permanent residents, and visitors. Individuals may 
request access to their own records that are maintained in a system of 
records in the possession or under the control of DHS by complying with 
DHS Privacy Act regulations, 6 CFR Part 5.
    The Privacy Act requires that each agency publish in the Federal 
Register a description denoting the type and character of each system 
of records in order to make agency recordkeeping practices transparent, 
to notify individuals about the use of their records, and to assist the 
individual to more easily find files within the agency. Below is a 
description of the Television System record system.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this revised system of records to the Office of Management and Budget 
and to the Congress.
System of Records:
    DHS/CBP-012.

System name:
    U.S. Customs and Border Protection--012 Closed Circuit Television 
System.

Security classification:
    Unclassified.

System location:
    Records are maintained at the U.S. Customs and Border Protection 
Headquarters in Washington, D.C. and in field offices.

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Categories of individuals covered by the system:
    Categories of individuals covered by this system include 
individuals involved in incidents or disturbances related to a DHS/CBP 
inspection while attempting to enter the U.S.

Categories of records in the system:
    Categories of records in this system include:
     Individual's name;
     Date of Birth;
     Citizenship;
     Port of entry;
     Method of entry, including vehicle information;
     Date of entry;
     Time of entry;
     Search records, including the incident that required a 
secondary inspection, and items found during the inspection; and
     Audio-video cassette recording of the persons being 
escorted into, inside, and out of the secondary areas of the port of 
entry.

Authority for maintenance of the system:
    5 U.S.C. 301; and the Federal Records Act, 44 U.S.C. 3101; 41 CFR 
Part 102; Homeland Security Act of 2002, Public Law 107-296, Section 
1512, 116 Stat. 2310 (November 25, 2002); the immigration laws, 
including 8 U.S.C. 1222-1225 and 1357; the customs laws, including 19 
U.S.C. 2, 482, 1433, 1434, 1459, 1461, 1484, 1499, 1581, 1582; 6 U.S.C 
202, 231; the agriculture laws, including 7 U.S.C. 8303, 8304, 8307.

Purpose(s):
    The purpose of this system is to record individuals who are sent to 
secondary when attempting to enter the U.S., or who are involved in an 
incident or disturbance while within CBP controlled space at the 
border. This record system will allow DHS/CBP to videotape persons 
being escorted within a port of entry.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records of 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice 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 or any component in his/her official 
capacity;
    3. Any employee of DHS or any component in his/her individual 
capacity where DOJ or DHS has agreed to represent the employee; or
    4. The U.S. or any agency thereof, is a party to the litigation or 
has an interest in such litigation, and DHS or CBP 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 or CBP 
collected the records.
    B. To a congressional office 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 or CBP suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. DHS or CBP 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, CBP, 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 or CBP'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 or CBP, 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/CBP officers and employees.
    G. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, license, 
or treaty where DHS determines that the information would assist in the 
enforcement of civil or criminal laws.
    H. To a Federal, State, or local agency, or other appropriate 
entity or individual, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, Executive Order, or other applicable national 
security directive.
    I. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations where 
DHS is aware of a need to utilize relevant data for purposes of testing 
new technology and systems designed to enhance national security or 
identify other violations of law.
    J. To an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to a 
requesting agency's decision concerning the hiring or retention of an 
individual, or issuance of a security clearance, license, contract, 
grant, or other benefit, or if the information is relevant and 
necessary to a DHS or component decision concerning the hiring or 
retention of an employee, the issuance of a security clearance, the 
reporting of an investigation of an employee, the letting of a 
contract, or the issuance of a license, grant or other benefit when 
disclosure is appropriate to the proper performance of the official 
duties of the person making the request.
    K. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings or in 
response to a subpoena from a court of competent jurisdiction.
    L. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure.

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    M. 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 any component or is necessary to demonstrate the accountability of 
DHS or a component's officers, employees, or individuals covered by the 
system, except to the extent it is determined that release of the 
specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records are retrieved by individual's name or date and time of the 
recording.

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 this 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:
    All recordings with incidents are retained for six months. Those on 
which some action may be taken are retained for one year or until the 
close of the case. The electronic media used to make recording can be 
reused. Therefore, after the above stated retention period, CBP may 
reuse the electronic media and thus erase the previous recording.

System Manager and address:
    Port Directors, U.S. Customs and Border Protection, U.S. Customs 
and Border Protection Headquarters, 1300 Pennsylvania Avenue, NW., Mint 
Annex, Washington, DC 20229.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from 
certain aspects of the notification, access, and amendment requirements 
of the Privacy Act. CBP will review each request to determine whether 
or not notification, access, or amendment should be provided. 
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 CBP's FOIA Officer, 1300 Pennsylvania 
Avenue, NW., Mint Annex, Washington, DC 20229.
    When seeking records about yourself from this system of records or 
any other CBP 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 CBP 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 
verifying that individual's identity and certifying his/her agreement 
for you to access his/her records.
    Without this bulleted information CBP 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:
    Audio-video recording of persons being escorted within the port of 
entry.

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, 
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4); 
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5) 
and (e)(8); (f), and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system 
is exempt from the following provisions of the Privacy Act, subject to 
the limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), 
(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f).

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29838 Filed 12-18-08; 8:45 am]
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