Privacy Act of 1974; U.S. Immigration and Customs Enforcement-006 Intelligence Records System of Records, 9233-9238 [2010-4102]
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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices
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Periodically, CDC estimates the
overall burden of foodborne illness.
CDC’s estimate of the overall burden of
foodborne illness has a much larger
scope than CDC’s annual reports and
draws heavily from FoodNet data as
well as from a much wider variety of
data sources, both inside and outside of
CDC. This estimate also includes
norovirus, a major contributor to the
overall burden of foodborne disease,
which can be transmitted not only by
foods, but also by environmental
sources, and is not monitored by
FoodNet. CDC’s last estimate of the
overall burden of foodborne illness was
issued in 1999 and included unknown
causes of foodborne illness (Ref. 2).
Since then, advances in methodology
and data sources have improved
capabilities in developing disease
burden estimates; these will be reflected
in CDC’s next estimate.
In addition to CDC estimates, FDA
and USDA use other measures to gauge
the success, or implied success (i.e., via
proxy measures), of policies and
interventions for reducing foodborne
illness. For example, although
measurements of the food industry’s
compliance with a given food safety
regulation cannot be used to directly
measure the regulation’s impact on the
rate of foodborne illness, improved
compliance can be reasonably expected
to improve the likelihood that the foods
involved will be safer and, thus, the
likelihood that fewer illnesses will
result. Examples include the tracking of
E. coli O157:H7 in ground beef and of
Salmonella in meat, and surveys of both
domestic and imported produce, such as
surveys conducted by FDA and USDA’s
Microbiological Data Program, which
have targeted Salmonella and E. coli
O157:H7.
II. Purpose of the Workshop and Topics
for Discussion
The purpose of this initial 1-day
public workshop is to discuss current
and potential measurements for
assessing progress in food safety and to
provide workshop participants an
opportunity to learn about metrics and
to consider and suggest metrics for
assessing the effects that policies and
interventions have on foodborne illness.
The workshop will focus on the current
status and challenges involved in
measuring foodborne illness and trends
over time, including incidence and
trends in the overall burden of
foodborne illness and illnesses
associated with specific foodborne
pathogens and specific pathogens that
affect specific foods. The workshop will
include a discussion of other measures
that are, or could be, used to measure
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food safety progress that cannot be
directly linked to health outcomes.
These include measures of process
control in food production, studies on
the prevalence of specific pathogens in
specific classes of food, and studies of
compliance with recommended or
required food safety practices in retail
and food-service operations.
Specifically, topics to be discussed
include CDC’s data sources and
methods, including methods for
estimating the burden of foodborne
illness, and their various limitations and
utilities; and FDA’s and USDA’s
ongoing measures to gauge the success,
or implied success (i.e., via the kinds of
proxy measures described in previously
mentioned examples; e.g., surveys for E.
coli O157:H7 and Salmonella in
produce and tracking of specific
pathogens in meat), of policies and
interventions, including the level of
compliance with food safety regulations.
III. Transcripts
Please be advised that as soon as a
transcript is available, it will be
accessible at https://
www.regulations.gov. It may be viewed
at the Division of Dockets Management
(HFA–305), Food and Drug
Administration, 5630 Fishers Lane, rm.
1061, Rockville, MD 20852. A transcript
will also be available in either hardcopy
or on CD–ROM, after submission of a
Freedom of Information request. Written
requests are to be sent to Division of
Freedom of Information (HFI–35), Office
of Management Programs, Food and
Drug Administration, 5600 Fishers
Lane, rm. 6–30, Rockville, MD 20857.
IV. References
The following references are on
display at the Division of Dockets
Management (see Transcripts), between
9 a.m. and 4 p.m., Monday through
Friday. (FDA has verified the following
Web site address, but FDA is not
responsible for any subsequent changes
to the Web site after this document
publishes in the Federal Register.)
1. President’s Food Safety Working Group
findings, https://www.foodsafetyworking
group.gov/ContentKeyFindings/HomeKey
Findings.htm.
2. Mead P.S., L. Slutsker, V. Dietz, et al.,
Food-Related Illness and Death in the United
States, Emerging Infectious Diseases, 5(5),
607–625, 1999.
Dated: February 23, 2010.
Leslie Kux,
Acting Assistant Commissioner for Policy.
[FR Doc. 2010–4110 Filed 2–26–10; 8:45 am]
BILLING CODE 4160–01–S
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DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0071]
Privacy Act of 1974; U.S. Immigration
and Customs Enforcement–006
Intelligence Records System of
Records
Privacy Office, DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
SUMMARY: In accordance with the
Privacy Act of 1974, U.S. Immigration
and Customs Enforcement is modifying
an existing system of records titled the
Immigration and Customs Enforcement–
006 Intelligence Records System (Dec. 9,
2008), to clarify the nature of the
personally identifiable information that
will be collected and maintained on
individuals. In conjunction with its
publication of the Privacy Impact
Assessment for the ICEGangs system,
Immigration and Customs Enforcement
is modifying the DHS/ICE–006
Immigration and Customs Enforcement
Intelligence Records system of records
notice to more clearly explain the type
of information it gathers on suspected
and confirmed gang members and
associates. This DHS/Immigration and
Customs Enforcement–006 Intelligence
Records system of records notice
updates categories of individuals;
categories of records; purpose of the
system; adding a routine use; and
policies and practices for retaining and
disposing of records in the system.
Immigration and Customs Enforcement
is soliciting comments on this SORN
due to the clarifying changes that were
made since the original publication. A
Privacy Impact Assessment on ICEGangs
that describes the system in detail is
being published concurrently with this
notice. In addition, this notice addresses
one comment that was received in
response to the original publication of
the Immigration and Customs
Enforcement Intelligence Records SORN
on December 9, 2008. A final rule is
being published concurrently with this
notice in which the Department
exempts portions of this system of
records from one or more provisions of
the Privacy Act because of criminal,
civil, and administrative enforcement
requirements.
DATES: This amended system of records
will be effective March 31, 2010.
Written comments must be submitted
on or before March 31, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
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Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices
2009–0071 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, 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 Lyn M.
Rahilly (202–732–3300), Privacy Officer,
U.S. Immigration and Customs
Enforcement, 500 12th Street, SW.,
Washington, DC 20536. For privacy
issues please contact Mary Ellen
Callahan (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
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I. Background
The Immigration and Customs
Enforcement (ICE) Intelligence Records
(IIRS) system of records was originally
established on December 9, 2008 (73 FR
74735), and public comments were
solicited for the SORN and the
associated Notice of Proposed
Rulemaking (73 FR 74633, Dec. 9, 2008)
which proposed to exempt this system
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, ICE was already maintaining
these records when the original IIRS
SORN was published. Recognizing that
ICE published a system of records notice
for an existing system, ICE committed to
reviewing and considering public
comments, apply appropriate revisions,
and republish the IIRS system of records
notice within 180 days of receipt of
comments. A new routine use is also
proposed to allow data sharing between
ICE and other law enforcement agencies
for the purpose of collaboration,
coordination, and de-confliction of
cases.
In addition to the records described in
the initial publication of IIRS, this
notice also consists of information
maintained by the ICE Office of
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Investigations concerning suspected or
confirmed gang members and associates
included in a database called ICEGangs.
ICEGangs maintains personal
information about individuals who
qualify as suspected or confirmed gang
members and associates under ICE
criteria. ICEGangs stores the following
data about each gang member and
associate to the extent it is available:
Biographic information (name, date of
birth, etc.), immigration status, gang
affiliation, physical description,
government-issued identification
numbers, photos of the individual,
identities of gang associates, field
interview notes, and criminal history
information. ICEGangs also stores
general comments entered by the ICE
agent that created the gang member or
associate record as well as a reference to
the official evidentiary system of
records where official case files are
stored.
ICEGangs has two main purposes.
First, it supplements the existing ICE
case management system by providing a
consolidated repository of information
on gang members and associates and
gang-related activity. ICEGangs allows
ICE agents and support personnel to
search gang-oriented information in a
more efficient and effective manner than
is possible in ICE’s standard
investigative case management system.
For example, an ICE field agent can
query ICEGangs for a list of members in
a specific gang. It is not currently
possible to perform the same sort of
query using ICE’s investigative case
management system. As a matter of
policy, ICE agents are required to create
and/or update ICEGangs records for
suspected and/or confirmed gang
members and associates whenever they
encounter gang members and associates
in the field during their official law
enforcement activities. ICEGangs
records also contain references to the
official evidentiary system of records,
which allows ICE agents and support
personnel to refer to official case
records.
Second, ICEGangs facilitates the
sharing of gang information between ICE
and other law enforcement agencies. In
particular, ICE currently provides the
California Department of Justice
(CalDOJ) access to the data in ICEGangs.
CalDOJ users access ICEGangs through
their own CalGangs application which
accesses the ICEGangs repository
remotely. In the future, ICE anticipates
that it will share information with other
State and local law enforcement
agencies that use the GangNET software.
ICE will require access controls for State
and local agencies as a prerequisite to
gaining access to ICEGangs.
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II. Public Comment
One public comment was received,
but as it did not pertain to the SORN or
proposed rule, it is not addressed here.
A final rule is published concurrently
with this notice in this issue of the
Federal Register.
III. 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 personally identifiable
information. The Privacy Act applies to
information that is maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency 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 to which
personally identifiable information is
put, and to assist individuals to more
easily find such files within the agency.
Below is the description of the
Immigration and Customs Enforcement–
006 Intelligence Records 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/ICE–006
SYSTEM NAME:
ICE Intelligence Records System
(IIRS).
SECURITY CLASSIFICATION:
Sensitive But Unclassified, Classified.
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SYSTEM LOCATION:
CATEGORIES OF RECORDS IN THE SYSTEM:
PURPOSE(S):
Records are maintained at ICE
Headquarters in Washington, DC, and
field offices.
Categories of records in this system
include: (1) Biographic information
(name, date of birth, social security
number, alien registration number,
citizenship/immigration status, passport
information, addresses, phone numbers,
etc.); (2) Records of immigration
enforcement activities or law
enforcement investigations/activities
conducted by ICE, the former
Immigration and Naturalization Service,
or the former U.S. Customs Service; (3)
Information (including documents and
electronic data) collected by DHS from
or about individuals during
investigative activities and border
searches; (4) Records of immigration
enforcement activities and law
enforcement investigations/activities
that have a possible nexus to ICE’s law
enforcement and immigration
enforcement responsibilities or
homeland security in general; (5) Law
enforcement, intelligence, crime, and
incident reports (including financial
reports under the Bank Secrecy Act and
law enforcement bulletins) produced by
DHS and other government agencies; (6)
U.S. visa, border immigration and
naturalization benefit data, including
arrival and departure data; (7) Terrorist
watchlist information and other
terrorism related information regarding
threats, activities, and incidents; (8) Lost
and stolen passport data; (9) Records
pertaining to known or suspected
terrorists, terrorist incidents, activities,
groups, and threats; (10) ICE-generated
intelligence requirements, analysis,
reporting, and briefings; (11) Third party
intelligence reporting; (12) Articles,
public-source data, and other published
information on individuals and events
of interest to ICE; (13) Records and
information from government data
systems or retrieved from commercial
data providers in the course of
intelligence research, analysis and
reporting; (14) Reports of suspicious
activities, threats, or other incidents
generated by ICE and third parties; and
(15) Additional information about
known and suspected gang members
and associates such as biographic
information (name, date of birth, etc.),
immigration status, gang affiliation,
physical description, government-issued
identification numbers, photos of the
individual, identities of gang associates,
field interview notes, and criminal
history information.
The purpose of this system is:
(a) To maintain records that reflect
and generally support ICE’s collection,
analysis, reporting, and distribution of
law enforcement, immigration
administration, terrorism, intelligence,
and homeland security information in
support of ICE’s law enforcement and
immigration administration mission.
(b) To produce law-enforcement
intelligence reporting that provides
actionable information to ICE’s law
enforcement and immigration
administration personnel and to other
appropriate government agencies.
(c) To enhance the efficiency and
effectiveness of the research and
analysis process for DHS law
enforcement, immigration, and
intelligence personnel through
information technology tools that
provide for advanced search and
analysis of various datasets.
(d) To facilitate multi-jurisdictional
informational exchange between ICE
and other law enforcement agencies
regarding known and suspected gang
members and associates; and
(e) To identify potential criminal
activity, immigration violations, and
threats to homeland security; to uphold
and enforce the law; and to ensure
public safety.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include the following: (1)
Individuals (e.g., subjects, witnesses,
associates) associated with immigration
enforcement activities or law
enforcement investigations/activities
conducted by ICE, the former
Immigration and Naturalization Service,
or the former U.S. Customs Service; (2)
individuals associated with law
enforcement investigations or activities
conducted by other Federal, State,
Tribal, territorial, local or foreign
agencies where there is a potential
nexus to ICE’s law enforcement and
immigration enforcement
responsibilities or homeland security in
general; (3) individuals known or
appropriately suspected to be or have
been engaged in conduct constituting, in
preparation for, in aid of, or related to
terrorism; (4) individuals involved in,
associated with, or who have reported
suspicious activities, threats, or other
incidents reported by domestic and
foreign government agencies,
multinational or non-governmental
organizations, critical infrastructure
owners and operators, private sector
entities and organizations, and
individuals; (5) individuals who are the
subjects of or otherwise identified in
classified or unclassified intelligence
reporting received or reviewed by ICE;
and (6) individuals who are known or
suspected gang members or associates,
including records maintained in the
ICEGangs system.
IIRS includes an information
technology system known as the
Intelligence Fusion System (IFS). In
addition to the categories of individuals
listed above, IFS also includes the
following: (1) Individuals identified in
law enforcement, intelligence, crime,
and incident reports (including
financial reports under the Bank
Secrecy Act and law enforcement
bulletins) produced by DHS and other
government agencies; (2) individuals
identified in U.S. visa, border,
immigration and naturalization benefit
data, including arrival and departure
data; (3) individuals identified in DHS
law enforcement and immigration
records; (4) individuals not authorized
to work in the United States; (5)
individuals whose passports have been
lost or stolen; and (6) individuals
identified in public news reports.
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AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 8 U.S.C. 1103, 1105,
1225(d)(3), 1324(b)(3), 1357(a), and
1360(b); 19 U.S.C. 1 and 1509.
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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) 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 (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 the Department of Justice (DOJ),
Civil Rights Division, for the purpose of
responding to matters within the DOJ’s
jurisdiction to include allegations of
fraud and/or nationality discrimination.
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C. 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.
D. 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.
E. 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.
F. 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) that
rely upon the compromised
information, or harm to an individual;
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.
G. 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.
H. To a Federal, State, territorial,
Tribal, local, international, or foreign
government agency or entity for the
purpose of consulting with that agency
or entity: (1) To assist in making a
determination regarding redress for an
individual in connection with the
operations of a DHS component or
program; (2) for the purpose of verifying
the identity of an individual seeking
redress in connection with the
operations of a DHS component or
program; or (3) for the purpose of
verifying the accuracy of information
submitted by an individual who has
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requested such redress on behalf of
another individual.
I. To a former employee of DHS, in
accordance with applicable regulations,
for purposes of responding to an official
inquiry by a Federal, State or local
government entity or professional
licensing authority; or facilitating
communications with a former
employee that may be necessary for
personnel-related or other official
purposes where the Department requires
information or consultation assistance
from the former employee regarding a
matter within that person’s former area
of responsibility.
J. To an appropriate Federal, State,
local, Tribal, foreign, or international
agency, if the information is relevant
and necessary to the agency’s decision
concerning the hiring or retention of an
individual or the issuance, grant,
renewal, suspension or revocation of a
security clearance, license, contract,
grant, or other benefit; or if the
information is relevant and necessary to
a DHS 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 and
when disclosure is appropriate to the
proper performance of the official duties
of the person receiving the information.
K. To appropriate Federal, State,
local, Tribal, or foreign governmental
agencies or multilateral governmental
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
risk.
L. To a public or professional
licensing organization when such
information indicates, either by itself or
in combination with other information,
a violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of an individual who is
licensed or who is seeking to become
licensed.
M. 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
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enforcement responsibilities, including
the collection of law enforcement
intelligence.
N. 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, criminal, or
regulatory laws.
O. To third parties during the course
of an investigation by DHS, a
proceeding within the purview of the
immigration and nationality laws, or a
matter under DHS’s jurisdiction, 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.
P. 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.
Q. To Federal and foreign government
intelligence or counterterrorism
agencies when DHS reasonably believes
there to be a threat or potential threat to
national or international security for
which the information may be useful in
countering the threat or potential threat,
when DHS reasonably believes such use
is to assist in anti-terrorism efforts, and
disclosure is appropriate to the proper
performance of the official duties of the
person making the disclosure.
R. 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.
S. To international and foreign
governmental authorities in accordance
with law and formal or informal
international agreements.
T. To the Department of State in the
processing of petitions or applications
for benefits under the Immigration and
Nationality Act, and all other
immigration and nationality laws
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including treaties and reciprocal
agreements.
U. 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.
V. To appropriate Federal, State,
local, Tribal, or foreign government
agencies or multinational government
organizations where DHS desires to
exchange relevant data for the purpose
of developing new software or
implementing new technologies for the
purposes of data sharing to enhance
homeland security, national security or
law enforcement.
W. To a criminal, civil, or regulatory
law enforcement authority (whether
Federal, State, local, territorial, Tribal,
international or foreign) where the
information is necessary for
collaboration, coordination and deconfliction of investigative matters, to
avoid duplicative or disruptive efforts
and for the safety of law enforcement
officers who may be working on related
investigations.
X. 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.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
mstockstill on DSKH9S0YB1PROD with NOTICES
RETENTION AND DISPOSAL:
ICE is in the process of drafting a
proposed record retention schedule for
the information maintained in IIRS,
including system information stored in
IFS. ICE anticipates retaining the
records from other databases in IFS for
20 years, records for which IFS is the
repository of record for 75 years, and
ICE-generated intelligence reports for 75
years. The original electronic data
containing the inputs to IFS will be
destroyed after upload and verification
or returned to the source.
ICE is in the process of drafting a
proposed record retention schedule for
the information maintained in
ICEGangs. ICE anticipates retaining
ICEGangs records for five years from the
date the record was last accessed.
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 by personal
identifiers such as but not limited to
name, alien registration number, phone
number, address, social security
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
ICE will consider individual requests to
determine whether or not information
may be released. Thus, 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
PO 00000
Frm 00089
Fmt 4703
Sfmt 4703
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 or
perjury as a substitute for notarization.
While no specific form is required, you
may obtain forms for this purpose form
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:
NOTIFICATION PROCEDURE:
STORAGE:
Jkt 220001
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.
The system maintains a real-time
auditing function of individuals who
access the system. Additional
safeguards may vary by component and
program.
Director, ICE Office of Intelligence,
500 12th Street, SW., Washington, DC
20536.
None.
16:46 Feb 26, 2010
SAFEGUARDS:
SYSTEM MANAGER AND ADDRESS:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
VerDate Nov<24>2008
number, or passport number. Records
may also be retrieved by non-personal
information such as transaction date,
entity/institution name, description of
goods, value of transactions, and other
information.
9237
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Federal, State, local, territorial, Tribal
or other domestic agencies, foreign
agencies, multinational or nongovernmental organizations, critical
infrastructure owners and operators,
private sector entities and organizations,
individuals, commercial data providers,
and public sources such as news media
outlets and the Internet.
E:\FR\FM\01MRN1.SGM
01MRN1
9238
Federal Register / Vol. 75, No. 39 / Monday, March 1, 2010 / Notices
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)(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), and (f).
Dated: February 24, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–4102 Filed 2–26–10; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2009–0144]
Privacy Act of 1974; Department of
Homeland Security United States
Immigration Customs and
Enforcement—011 Immigration and
Enforcement Operational Records
System of Records
Privacy Office, DHS.
Notice of amendment of Privacy
Act system of records.
AGENCY:
mstockstill on DSKH9S0YB1PROD with NOTICES
ACTION:
SUMMARY: In accordance with the
Privacy Act of 1974 the Department of
Homeland Security U.S. Immigration
and Customs Enforcement is updating
an existing system of records titled,
Department of Homeland Security/U.S.
Immigration and Customs
Enforcement—011 Removable Alien
Records System of Records, January 28,
2009, and renaming it Department of
Homeland Security/U.S. Immigration
and Customs Enforcement—011
Immigration and Enforcement
Operational Records System of Records.
With the publication of this updated
system of records, the Department of
Homeland Security is also retiring an
existing system of records titled,
Department of Homeland Security/U.S.
Immigration and Customs
Enforcement—Customs and Border
Protection—U.S. Citizenship and
Immigration Services—001–03
Enforcement Operational Immigration
Records System of Records, March 20,
2006, and transferring certain law
enforcement and immigration records
described therein that are owned by
U.S. Immigration and Customs
Enforcement to this updated system of
records. Categories of individuals and
VerDate Nov<24>2008
16:46 Feb 26, 2010
Jkt 220001
categories of records have been
reviewed, and the purpose statement
and routine uses of this system have
been updated to better reflect the
current status of these records.
Additionally, this notice includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice. This updated system
will continue to be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
March 31, 2010. This amended system
will be effective March 31, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2009–0144 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 703–483–2999.
• Mail: Mary Ellen Callahan, 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: Lyn
Rahilly (703–732–3300), Privacy Officer,
U.S. Immigration and Customs
Enforcement, 500 12th Street, SW.,
Washington, DC 20536; or Mary Ellen
Callahan (703–235–0780), Chief Privacy
Officer, Privacy Office, U.S. Department
of Homeland Security, Washington, DC
20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of
1974, the Department of Homeland
Security is updating and reissuing
Department of Homeland Security
(DHS)/U.S. Immigration and Customs
Enforcement (ICE)—011 Removable
Alien Records System of Records (74 FR
4965, Jan. 28, 2009) to include
additional DHS records pertaining to the
investigation, arrest, booking, detention,
and removal of persons encountered
during immigration and criminal law
enforcement investigations and
operations conducted by DHS. This
system of records is also being updated
to include records pertaining to fugitive
aliens and aliens paroled into the
United States (U.S.) by ICE. The system
PO 00000
Frm 00090
Fmt 4703
Sfmt 4703
of records is being renamed DHS/ICE–
011 Immigration and Enforcement
Operational Records System of Records
(ENFORCE) to better reflect the nature
and scope of the records maintained.
DHS is updating this notice to include
the following substantive changes: (1)
An update to the categories of records
to include clarifying language as well as
to provide the Department of Justice
(DOJ) with DNA samples as required by
28 CFR Part 28; (2) the addition of
routine uses to (a) incorporate the
routine uses that were already part of
the published DHS/ICE—011
Removable Aliens Records System of
Records (RARS) (74 FR 20719, May 5,
2009) into this newly consolidated
SORN, (b) provide information to
individuals in the determination of
whether or not an alien has been
removed from the U.S., (c) assist
agencies in collecting debts owed to
them or the U.S. Government, (d) allow
sharing with the Department of State
(DOS) for immigration benefits and visa
activities, as well as when DOS is
contacted by foreign governments to
discuss particular matters involving
aliens in custody or other ICE
enforcement matters that may involve
identified individuals, (e) allow the
Office of Management and Budget
(OMB) to review the private
immigration relief bill process in
Congress, (f) inform members of
Congress about an alien who is being
considered for private immigration
relief, (g) share operational information
with other law enforcement agencies to
prevent conflicting investigations or
activities, (h) coordinate the
transportation, custody, and care of U.S.
Marshals Service (USMS) prisoners, (i)
allow third parties to facilitate the
placement or release of an alien who has
been or are in the process of being
released from ICE custody, (j) provide
information about an alien who has or
is in the process of being released from
ICE custody who may pose a health or
safety risk, (k) to provide information
facilitating the issuance of an
immigration detainer on an individual
in custody or the transfer of an
individual to ICE or another agency, (l)
disclose DNA samples and related
information as required by Federal
regulation, (m) to facilitate the
transmission of arrest information to the
Department of Justice for inclusion in
relevant law enforcement databases and
for the enforcement Federal firearms
licensing laws, and (n) to disclose
information to persons seeking to post
or arrange immigration bonds. These
updated routine uses are compatible
with the purpose of this system because
E:\FR\FM\01MRN1.SGM
01MRN1
Agencies
[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9233-9238]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4102]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0071]
Privacy Act of 1974; U.S. Immigration and Customs Enforcement-006
Intelligence Records System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, U.S. Immigration
and Customs Enforcement is modifying an existing system of records
titled the Immigration and Customs Enforcement-006 Intelligence Records
System (Dec. 9, 2008), to clarify the nature of the personally
identifiable information that will be collected and maintained on
individuals. In conjunction with its publication of the Privacy Impact
Assessment for the ICEGangs system, Immigration and Customs Enforcement
is modifying the DHS/ICE-006 Immigration and Customs Enforcement
Intelligence Records system of records notice to more clearly explain
the type of information it gathers on suspected and confirmed gang
members and associates. This DHS/Immigration and Customs Enforcement-
006 Intelligence Records system of records notice updates categories of
individuals; categories of records; purpose of the system; adding a
routine use; and policies and practices for retaining and disposing of
records in the system. Immigration and Customs Enforcement is
soliciting comments on this SORN due to the clarifying changes that
were made since the original publication. A Privacy Impact Assessment
on ICEGangs that describes the system in detail is being published
concurrently with this notice. In addition, this notice addresses one
comment that was received in response to the original publication of
the Immigration and Customs Enforcement Intelligence Records SORN on
December 9, 2008. A final rule is being published concurrently with
this notice in which the Department exempts portions of this system of
records from one or more provisions of the Privacy Act because of
criminal, civil, and administrative enforcement requirements.
DATES: This amended system of records will be effective March 31, 2010.
Written comments must be submitted on or before March 31, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
[[Page 9234]]
2009-0071 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, 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
Lyn M. Rahilly (202-732-3300), Privacy Officer, U.S. Immigration and
Customs Enforcement, 500 12th Street, SW., Washington, DC 20536. For
privacy issues please contact Mary Ellen Callahan (703-235-0780), Chief
Privacy Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
The Immigration and Customs Enforcement (ICE) Intelligence Records
(IIRS) system of records was originally established on December 9, 2008
(73 FR 74735), and public comments were solicited for the SORN and the
associated Notice of Proposed Rulemaking (73 FR 74633, Dec. 9, 2008)
which proposed to exempt this system 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, ICE was already maintaining these records when the
original IIRS SORN was published. Recognizing that ICE published a
system of records notice for an existing system, ICE committed to
reviewing and considering public comments, apply appropriate revisions,
and republish the IIRS system of records notice within 180 days of
receipt of comments. A new routine use is also proposed to allow data
sharing between ICE and other law enforcement agencies for the purpose
of collaboration, coordination, and de-confliction of cases.
In addition to the records described in the initial publication of
IIRS, this notice also consists of information maintained by the ICE
Office of Investigations concerning suspected or confirmed gang members
and associates included in a database called ICEGangs. ICEGangs
maintains personal information about individuals who qualify as
suspected or confirmed gang members and associates under ICE criteria.
ICEGangs stores the following data about each gang member and associate
to the extent it is available: Biographic information (name, date of
birth, etc.), immigration status, gang affiliation, physical
description, government-issued identification numbers, photos of the
individual, identities of gang associates, field interview notes, and
criminal history information. ICEGangs also stores general comments
entered by the ICE agent that created the gang member or associate
record as well as a reference to the official evidentiary system of
records where official case files are stored.
ICEGangs has two main purposes. First, it supplements the existing
ICE case management system by providing a consolidated repository of
information on gang members and associates and gang-related activity.
ICEGangs allows ICE agents and support personnel to search gang-
oriented information in a more efficient and effective manner than is
possible in ICE's standard investigative case management system. For
example, an ICE field agent can query ICEGangs for a list of members in
a specific gang. It is not currently possible to perform the same sort
of query using ICE's investigative case management system. As a matter
of policy, ICE agents are required to create and/or update ICEGangs
records for suspected and/or confirmed gang members and associates
whenever they encounter gang members and associates in the field during
their official law enforcement activities. ICEGangs records also
contain references to the official evidentiary system of records, which
allows ICE agents and support personnel to refer to official case
records.
Second, ICEGangs facilitates the sharing of gang information
between ICE and other law enforcement agencies. In particular, ICE
currently provides the California Department of Justice (CalDOJ) access
to the data in ICEGangs. CalDOJ users access ICEGangs through their own
CalGangs application which accesses the ICEGangs repository remotely.
In the future, ICE anticipates that it will share information with
other State and local law enforcement agencies that use the GangNET
software. ICE will require access controls for State and local agencies
as a prerequisite to gaining access to ICEGangs.
II. Public Comment
One public comment was received, but as it did not pertain to the
SORN or proposed rule, it is not addressed here. A final rule is
published concurrently with this notice in this issue of the Federal
Register.
III. 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 personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency 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 to
which personally identifiable information is put, and to assist
individuals to more easily find such files within the agency. Below is
the description of the Immigration and Customs Enforcement-006
Intelligence Records 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/ICE-006
SYSTEM NAME:
ICE Intelligence Records System (IIRS).
SECURITY CLASSIFICATION:
Sensitive But Unclassified, Classified.
[[Page 9235]]
SYSTEM LOCATION:
Records are maintained at ICE Headquarters in Washington, DC, and
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include the
following: (1) Individuals (e.g., subjects, witnesses, associates)
associated with immigration enforcement activities or law enforcement
investigations/activities conducted by ICE, the former Immigration and
Naturalization Service, or the former U.S. Customs Service; (2)
individuals associated with law enforcement investigations or
activities conducted by other Federal, State, Tribal, territorial,
local or foreign agencies where there is a potential nexus to ICE's law
enforcement and immigration enforcement responsibilities or homeland
security in general; (3) individuals known or appropriately suspected
to be or have been engaged in conduct constituting, in preparation for,
in aid of, or related to terrorism; (4) individuals involved in,
associated with, or who have reported suspicious activities, threats,
or other incidents reported by domestic and foreign government
agencies, multinational or non-governmental organizations, critical
infrastructure owners and operators, private sector entities and
organizations, and individuals; (5) individuals who are the subjects of
or otherwise identified in classified or unclassified intelligence
reporting received or reviewed by ICE; and (6) individuals who are
known or suspected gang members or associates, including records
maintained in the ICEGangs system.
IIRS includes an information technology system known as the
Intelligence Fusion System (IFS). In addition to the categories of
individuals listed above, IFS also includes the following: (1)
Individuals identified in law enforcement, intelligence, crime, and
incident reports (including financial reports under the Bank Secrecy
Act and law enforcement bulletins) produced by DHS and other government
agencies; (2) individuals identified in U.S. visa, border, immigration
and naturalization benefit data, including arrival and departure data;
(3) individuals identified in DHS law enforcement and immigration
records; (4) individuals not authorized to work in the United States;
(5) individuals whose passports have been lost or stolen; and (6)
individuals identified in public news reports.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include: (1) Biographic
information (name, date of birth, social security number, alien
registration number, citizenship/immigration status, passport
information, addresses, phone numbers, etc.); (2) Records of
immigration enforcement activities or law enforcement investigations/
activities conducted by ICE, the former Immigration and Naturalization
Service, or the former U.S. Customs Service; (3) Information (including
documents and electronic data) collected by DHS from or about
individuals during investigative activities and border searches; (4)
Records of immigration enforcement activities and law enforcement
investigations/activities that have a possible nexus to ICE's law
enforcement and immigration enforcement responsibilities or homeland
security in general; (5) Law enforcement, intelligence, crime, and
incident reports (including financial reports under the Bank Secrecy
Act and law enforcement bulletins) produced by DHS and other government
agencies; (6) U.S. visa, border immigration and naturalization benefit
data, including arrival and departure data; (7) Terrorist watchlist
information and other terrorism related information regarding threats,
activities, and incidents; (8) Lost and stolen passport data; (9)
Records pertaining to known or suspected terrorists, terrorist
incidents, activities, groups, and threats; (10) ICE-generated
intelligence requirements, analysis, reporting, and briefings; (11)
Third party intelligence reporting; (12) Articles, public-source data,
and other published information on individuals and events of interest
to ICE; (13) Records and information from government data systems or
retrieved from commercial data providers in the course of intelligence
research, analysis and reporting; (14) Reports of suspicious
activities, threats, or other incidents generated by ICE and third
parties; and (15) Additional information about known and suspected gang
members and associates such as biographic information (name, date of
birth, etc.), immigration status, gang affiliation, physical
description, government-issued identification numbers, photos of the
individual, identities of gang associates, field interview notes, and
criminal history information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 8 U.S.C. 1103, 1105, 1225(d)(3), 1324(b)(3), 1357(a),
and 1360(b); 19 U.S.C. 1 and 1509.
PURPOSE(S):
The purpose of this system is:
(a) To maintain records that reflect and generally support ICE's
collection, analysis, reporting, and distribution of law enforcement,
immigration administration, terrorism, intelligence, and homeland
security information in support of ICE's law enforcement and
immigration administration mission.
(b) To produce law-enforcement intelligence reporting that provides
actionable information to ICE's law enforcement and immigration
administration personnel and to other appropriate government agencies.
(c) To enhance the efficiency and effectiveness of the research and
analysis process for DHS law enforcement, immigration, and intelligence
personnel through information technology tools that provide for
advanced search and analysis of various datasets.
(d) To facilitate multi-jurisdictional informational exchange
between ICE and other law enforcement agencies regarding known and
suspected gang members and associates; and
(e) To identify potential criminal activity, immigration
violations, and threats to homeland security; to uphold and enforce the
law; and to ensure 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) 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 (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 the Department of Justice (DOJ), Civil Rights Division, for
the purpose of responding to matters within the DOJ's jurisdiction to
include allegations of fraud and/or nationality discrimination.
[[Page 9236]]
C. 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.
D. 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.
E. 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.
F. 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) that rely upon the
compromised information, or harm to an individual; 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.
G. 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.
H. To a Federal, State, territorial, Tribal, local, international,
or foreign government agency or entity for the purpose of consulting
with that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a DHS component or program; (2) for the purpose of verifying the
identity of an individual seeking redress in connection with the
operations of a DHS component or program; or (3) for the purpose of
verifying the accuracy of information submitted by an individual who
has requested such redress on behalf of another individual.
I. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
Federal, State or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
J. To an appropriate Federal, State, local, Tribal, foreign, or
international agency, if the information is relevant and necessary to
the agency's decision concerning the hiring or retention of an
individual or the issuance, grant, renewal, suspension or revocation of
a security clearance, license, contract, grant, or other benefit; or if
the information is relevant and necessary to a DHS 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 and when disclosure is appropriate to the proper performance of
the official duties of the person receiving the information.
K. To appropriate Federal, State, local, Tribal, or foreign
governmental agencies or multilateral governmental 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
risk.
L. To a public or professional licensing organization when such
information indicates, either by itself or in combination with other
information, a violation or potential violation of professional
standards, or reflects on the moral, educational, or professional
qualifications of an individual who is licensed or who is seeking to
become licensed.
M. 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.
N. 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, criminal, or regulatory laws.
O. To third parties during the course of an investigation by DHS, a
proceeding within the purview of the immigration and nationality laws,
or a matter under DHS's jurisdiction, 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.
P. 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.
Q. To Federal and foreign government intelligence or
counterterrorism agencies when DHS reasonably believes there to be a
threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when DHS reasonably believes such use is to assist in
anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
R. 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.
S. To international and foreign governmental authorities in
accordance with law and formal or informal international agreements.
T. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws
[[Page 9237]]
including treaties and reciprocal agreements.
U. 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.
V. To appropriate Federal, State, local, Tribal, or foreign
government agencies or multinational government organizations where DHS
desires to exchange relevant data for the purpose of developing new
software or implementing new technologies for the purposes of data
sharing to enhance homeland security, national security or law
enforcement.
W. To a criminal, civil, or regulatory law enforcement authority
(whether Federal, State, local, territorial, Tribal, international or
foreign) where the information is necessary for collaboration,
coordination and de-confliction of investigative matters, to avoid
duplicative or disruptive efforts and for the safety of law enforcement
officers who may be working on related investigations.
X. 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:
Records may be retrieved by personal identifiers such as but not
limited to name, alien registration number, phone number, address,
social security number, or passport number. Records may also be
retrieved by non-personal information such as transaction date, entity/
institution name, description of goods, value of transactions, and
other information.
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. The system maintains a real-time
auditing function of individuals who access the system. Additional
safeguards may vary by component and program.
RETENTION AND DISPOSAL:
ICE is in the process of drafting a proposed record retention
schedule for the information maintained in IIRS, including system
information stored in IFS. ICE anticipates retaining the records from
other databases in IFS for 20 years, records for which IFS is the
repository of record for 75 years, and ICE-generated intelligence
reports for 75 years. The original electronic data containing the
inputs to IFS will be destroyed after upload and verification or
returned to the source.
ICE is in the process of drafting a proposed record retention
schedule for the information maintained in ICEGangs. ICE anticipates
retaining ICEGangs records for five years from the date the record was
last accessed.
SYSTEM MANAGER AND ADDRESS:
Director, ICE Office of Intelligence, 500 12th Street, SW.,
Washington, DC 20536.
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, ICE will consider
individual requests to determine whether or not information may be
released. Thus, 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
or perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose form 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:
Federal, State, local, territorial, Tribal or other domestic
agencies, foreign agencies, multinational or non-governmental
organizations, critical infrastructure owners and operators, private
sector entities and organizations, individuals, commercial data
providers, and public sources such as news media outlets and the
Internet.
[[Page 9238]]
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)(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), and (f).
Dated: February 24, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-4102 Filed 2-26-10; 8:45 am]
BILLING CODE 9111-28-P