Privacy Act of 1974; Department of Homeland Security/ALL-029 Civil Rights and Civil Liberties Records System of Records, 38824-38829 [2010-16363]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 75, Number 128 (Tuesday, July 6, 2010)]
[Notices]
[Pages 38824-38829]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-16363]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0112]


Privacy Act of 1974; Department of Homeland Security/ALL--029 
Civil Rights and Civil Liberties Records 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, the Department of 
Homeland Security proposes to update and reissue a Department of 
Homeland Security system of records titled, ``Department of Homeland 
Security Office for Civil Rights and Civil Liberties--001 Matters 
System of Records,'' January 6, 2004. The system name is being changed 
to, ``Department of Homeland Security/ALL--029 Civil Rights and Civil 
Liberties Records System of Records.'' This name change, along with 
other changes to the system, are made to capture the expansion of the 
overall system of records to include both the Department Office for 
Civil Rights and Civil Liberties, as well as all component offices that 
perform civil rights and civil liberties functions, and staff of 
components who do not have a designated civil rights and civil 
liberties office but who do perform related civil rights and civil 
liberties functions (collectively referred to as ``civil rights and 
civil liberties staff''). The Department's civil rights and civil 
liberties staff advise Departmental and/or component leadership, 
personnel, and partners about civil rights and civil liberties issues, 
ensuring respect for civil rights and civil liberties in policy 
decisions and implementation of those decisions. Civil rights and civil 
liberties staff also review and assess information concerning abuses of 
civil rights, civil liberties, such as profiling on the basis of race, 
ethnicity, or religion, by employees and officials of the Department of 
Homeland Security. The Department's civil rights and civil liberties 
staff also ensure that all federally-assisted and federally-conducted 
programs or activities of the Department comply with the provisions of 
Title VI of the Civil Rights Act of 1964. The Department's civil rights 
and civil liberties staff investigate complaints, including: 
allegations that individuals acted under color of law or otherwise 
abused their authority; discrimination; profiling; violations of the 
confidentiality provisions of the Violence Against Women Act; 
conditions of detention; treatment; due process; and watch list issues.
    As a result of the biennial review of this system, updates have 
been made to change the system name to ``Department of Homeland 
Security/ALL--029 Civil Rights and Civil Liberties Records System of 
Records'' to reflect that the system is a Department-wide system of 
records, as well as updates to the: categories of records; routine 
uses; retention and disposal; and Privacy Act exemptions.
    Exclusion is made from this system for Office of Inspector General 
records relating to civil rights and civil liberties. Office of 
Inspector General records are covered by Department of Homeland 
Security/Office of Inspector General--002 Investigative Records System 
of Records, October 28, 2009.
    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 August 5, 2010. This new system 
will be effective August 5, 2010.

ADDRESSES: You may submit comments, identified by docket number [DHS-
2009-0112] 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.

[[Page 38825]]

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: 
For Headquarters: Complaints Manager (202-357-8178), Office for Civil 
Rights and Civil Liberties, Department of Homeland Security, 1201 New 
York Avenue, NW., Washington DC 20528. For components of DHS, the 
System Manager can be found at https://www.dhs.gov/foia under 
``contacts.'' For privacy issues please contact: Mary Ellen Callahan 
(703-235-0780), Chief Privacy Officer, Privacy Office, Department of 
Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Homeland Security's (DHS) civil rights and civil 
liberties staff, including components, as well as staff of components 
who do not have a designated civil rights and civil liberties office, 
but who do perform related functions (civil rights and civil liberties 
staff), rely on the DHS/Civil Rights and Civil Liberties (CRCL)-001 
Matters System of Records (69 FR 70464, December 6, 2004) and other 
component specific systems of records, for the collection and 
maintenance of records that concern the Department's civil rights and 
civil liberties records. The system name is being changed to ``DHS/ALL-
029 Civil Rights and Civil Liberties Records System of Records'' to 
reflect that the system is a Department-wide system of records and that 
all DHS civil rights and civil liberties records will now be covered by 
the DHS/ALL-029 Civil Rights and Civil Liberties Records System of 
Records. This name change, along with other changes to the system, are 
made to capture the expansion of the overall system of records 
including the Department's CRCL Office, as well as component civil 
rights and civil liberties staff, staff of components who do not have a 
designated civil rights and civil liberties office but who do perform 
related functions, and to meet investigative and reporting 
responsibilities related to civil rights and civil liberties. The DHS/
ALL-029 Civil Rights and Civil Liberties Records System of Records is 
the baseline system for civil rights and civil liberties activities, as 
led by the DHS Officer for Civil Rights and Civil Liberties, for the 
Department.
    Civil rights and civil liberties complaints are initially reviewed 
to determine if the Department has jurisdiction over the alleged 
complaint. If the Department has jurisdiction and accepts the 
complaint, basic information about the case is maintained and processed 
within the DHS/ALL-029 Civil Rights and Civil Liberties Records System 
of Records. Information in this system may include, but is not limited 
to: Name; social security number or other identifier; address; phone 
number; alien registration number and other identifying data as may be 
necessary to review the complaint. If the complainant provides more 
personally identifiable information (PII) than is necessary, the 
information is not captured, but may remain in the paper file as 
information provided by the complainant.
    Civil rights and civil liberties records may be referred to the 
Office of Inspector General (OIG) for handling under the Inspector 
General Act of 1978, as amended. The OIG decides whether it will pursue 
the case, or decline to investigate it and refer it back to CRCL or 
component civil rights and civil liberties office, staff of components 
who do not have a designated civil rights and civil liberties office, 
but who do perform related functions, for appropriate action. Any 
resulting OIG records are excluded from this system and are part of the 
DHS/OIG-002 Investigative Records System of Records (74 FR 55569, 
October 28, 2009).
    The data collected in component civil rights and civil liberties 
offices or by staff of components who do not have a designated civil 
rights and civil liberties office, but who do perform related 
functions, are part of this system of records and are managed on a 
component by component basis and may or may not be reviewed or 
maintained by the CRCL Office. Component civil rights and civil 
liberties offices, and staff of components who do not have a designated 
civil rights and civil liberties office, but who do perform related 
functions, may consult and advise the CRCL Office on civil rights and 
civil liberties issues within the component, but are handled at the 
component level unless formally elevated to the CRCL Office.
    The purpose of this system is to allow the DHS Officer for Civil 
Rights and Civil Liberties, component civil rights and civil liberties 
staff, and staff of components who do not have a designated civil 
rights and civil liberties office but who do perform related functions, 
to maintain relevant information necessary to review complaints or 
comments about alleged civil rights or civil liberties violations, or 
racial, ethnic, or religious profiling related to the Department's 
activities. The system will also track and maintain investigative files 
and records of complaint resolution and other issues, and facilitate 
oversight and accountability of the Department's civil rights and civil 
liberties complaint resolution mechanisms. DHS is authorized to 
implement this program primarily through 6 U.S.C. 345; 5 U.S.C. 301; 49 
U.S.C. 114; 44 U.S.C. 3101; section 803 of Public Law 110-53; E.O. 
12958, as amended. This system has an effect on individual privacy that 
is balanced by the need to address civil rights and civil liberties 
issues and matters within the Department. Risk is mitigated by limiting 
access to civil rights and civil liberties staff and other officials 
who need the information in the course of performing their duties. 
Routine uses contained in this notice include sharing with the 
Department of Justice (DOJ) for legal advice and representation; to a 
congressional office at the request of an individual; to the National 
Archives and Records Administration (NARA) for records management; to 
contractors in support of their contract assignment to DHS; to federal, 
state, local and other governmental partners to enforce and prosecute 
laws and regulations; to agencies, organizations or individuals for the 
purpose of audit; to agencies, entities, or persons during a security 
or information compromise or risk, to another federal agency for labor 
and employment relations; to an agency, organization, or individual 
when there could potentially be a risk to an individual; to former 
employees of the Department while responding to inquiries; to the 
Office of Management and Budget (OMB), DOJ or other agencies for 
advice; to other agencies or organizations for redress; to the 
Department of Transportation (DOT) and its operating administrations 
for Transportation Security Administration (TSA) records and functions; 
and to the news media in the interest of the public. A review of this 
system is being conducted to determine if the system of records 
collects information under the Paperwork Reduction Act.
    As a result of the biennial review of this system, updates have 
been made to change the system name to ``Department of Homeland 
Security/ALL-029 Civil Rights and Civil Liberties Records System of 
Records'' to reflect that the system is a Department-wide system of 
records; categories of records to reflect the addition of social 
security number; routine uses to reflect the addition of

[[Page 38826]]

sharing with the DOT for legacy TSA records; retention and disposal to 
reflect the NARA retention and disposal policy and description; and the 
addition of exemption (k)(3) under the Privacy Act to include records 
at the U.S. Secret Service in conjunction with the protection of the 
President of the United States.
    Exclusion is made from this system for Office of Inspector General 
records relating to civil rights and civil liberties. Office of 
Inspector General records are covered by DHS/OIG-002 Investigative 
Records System of Records, October 28, 2009.
    This updated system will continue to be included in the Department 
of Homeland Security's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for which information is retrieved by the name of 
an individual or by some identifying number, symbol, or other 
identifying particular assigned to the individual. In the Privacy Act, 
an individual is defined to encompass United States citizens and 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 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 their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of the DHS/
ALL-029 Civil Rights and Civil Liberties Records System of Records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this system of records to OMB and to Congress.
System of Records
    DHS/ALL-029

System name:
    Department of Homeland Security/ALL-029 Civil Rights and Civil 
Liberties Records System of Records.

Security classification:
    Unclassified, sensitive, and classified.

System location:
    Records are maintained at the Department Office for Civil Rights 
and Civil Liberties (CRCL), component civil rights and civil liberties 
offices, and within offices of a component that does not have a 
designated civil rights and civil liberties office, but these functions 
are dispersed within other offices of the component, in Washington, DC 
and field locations.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    Persons who contact the CRCL or component civil rights and civil 
liberties staff, to allege abuses of civil rights and civil liberties, 
or to allege racial, ethnic, or religious profiling by DHS, its 
employees, contractors, grantees, or others acting under the authority 
of the Department; persons alleged to be involved in civil rights or 
civil liberties abuses or racial, ethnic, or religious profiling, 
victims or witnesses to such abuse; third parties not directly involved 
in the alleged incident, but identified as relevant persons to an 
investigation; and DHS employees and contractors.

Categories of records in the system:
    Categories of records in the system include:
    Information relating to allegations of abuses of civil rights, 
civil liberties, and racial, ethnic, and religious profiling by 
Department employees and officials will be collected, as well as 
similar allegations relating to persons or entities under Department 
control (such as contractors or programs). Basic information about 
complainants will be collected, including, but not limited to:
     Complainant's name;
     Complainant's home and work mailing address;
     Complainant's home, cell and work telephone and fax 
numbers;
     Complainant's home and work e-mail address;
     Complainant's social security number or alien registration 
number, if necessary and appropriate;
     Name of representative filing a claim on behalf of a 
complainant;
     Allegation occurrence date and time;
     Allegation facility name and location;
     DHS component referenced;
     Information on a complainant's country of origin/race/
religion (CRCL does not solicit this information, it is tracked if 
individuals provide it);
     Allegation details, primary and secondary issues, and 
primary and secondary basis;
     Other information that may appear in the system or in the 
file folder on a case-by-case basis might include:
    [cir] Photographic facial images;
    [cir] Bank account numbers;
    [cir] Vehicle license plate information; and
    [cir] Civil or criminal history information.
     Paper investigative files and documents depending on the 
particular investigation, but may include:
    [cir] Letters, memoranda, and other documents alleging abuses of 
civil rights, civil liberties, and profiling from complainants;
    [cir] Internal letters, memoranda, and other communications within 
DHS;
    [cir] Results of an investigation of allegations;
    [cir] Transcripts, interview notes, investigative notes;
    [cir] Documentation concerning requests for additional information 
needed to complete the investigation;
    [cir] Medical records;
    [cir] Copy of passport;
    [cir] Evidentiary documents and material, comments, and reports 
relating to the alleged abuses and to the resolution of the complaint; 
and
    [cir] Similar information regarding witnesses, persons involved in 
the alleged incident, or any other persons with relevant information 
regarding the alleged abuses may also be collected.

Authority for maintenance of the system:
    6 U.S.C. 345; 5 U.S.C. 301; 49 U.S.C. 114; 44 U.S.C. 3101; section 
803 of Public Law 110-53; E.O. 12958, as amended.

Purpose(s):
    The purpose of this system is to allow CRCL, component civil rights 
and civil liberties staff, and staff of components who do not have a 
designated civil rights and civil liberties office, but who do perform 
related functions, to maintain relevant information necessary to review 
complaints or comments about alleged civil rights or civil liberties 
violations, including racial, ethnic, or religious profiling related to

[[Page 38827]]

the Department's activities. The system will also track and maintain 
investigative files and records of complaint resolution and other 
issues, and facilitate oversight and accountability of the Department's 
civil rights and civil liberties complaint resolution mechanisms.

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 (DOJ), (including United States 
Attorney Offices, or other federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is necessary to the litigation and one of the following is a party 
to the litigation or has an interest in such litigation:
    1. DHS or any component thereof;
    2. any employee of DHS in his/her official capacity;
    3. any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. the United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which DHS 
collected the records.
    B. To a congressional office from the record of an individual in 
response to an inquiry from that congressional office made at the 
request of the individual to whom the record pertains.
    C. To the National Archives and Records Administration (NARA) or 
other federal government agencies pursuant to records management 
inspections being conducted under the authority of 44 U.S.C. 2904 and 
2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations as authorized by law, but only 
such information as is necessary and relevant to such audit or 
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual that rely upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with DHS's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use is subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate federal, state, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To another federal agency with responsibility for labor or 
employment relations or other issues, including Equal Employment 
Opportunity issues, when that agency has jurisdiction over issues 
reported to CRCL, or component civil rights and civil liberties staff, 
and staff of components who do not have a designated civil rights and 
civil liberties office, but who do perform related functions.
    I. To an organization or individual in either the public or private 
sector, either foreign or domestic, where there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life or property.
    J. To a former employee of the Department for purposes of 
responding to an official inquiry by a federal, state, or local 
government entity or professional licensing authority, in accordance 
with applicable Department regulations; or facilitating communications 
with a former employee that may be necessary for personnel-related or 
other official purposes where the Department requires information and/
or consultation assistance from the former employee regarding a matter 
within that person's former area of responsibility.
    K. To the Office of Management and Budget (OMB), the DOJ, or the 
Office of Special Counsel (OSC), to obtain advice regarding statutory 
and other requirements related to civil rights and civil liberties.
    L. 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.
    M. To a federal agency or entity that furnished a record or 
information for the purpose of permitting that agency or entity to make 
a decision regarding access to or correction of the record or 
information or to a federal agency or entity that has information 
relevant to the redress request for purposes of obtaining guidance, 
additional information, or advice from such federal agency or entity 
regarding the handling of this particular redress request.
    N. To third parties lawfully authorized in connection with a 
federal government program, which is authorized by law, regulation, or 
rule, but only the information necessary and relevant to effectuate or 
to carry out a particular redress result for an individual and 
disclosure is appropriate to enable these third parties to carry out 
their responsibilities related to the federal government program, such 
as when the name and appropriate associated information about an 
individual who has been cleared and distinguished from a known or 
suspected threat to aviation security, is shared with the airlines to 
prevent future delays and disruptions for that individual while 
traveling.
    O. To the Department of Transportation (DOT) and its operating 
administrations when relevant or necessary to (1) ensure safety and 
security in any mode of transportation; (2) enforce safety- and 
security-related regulations and requirements; (3) assess and 
distribute intelligence or law

[[Page 38828]]

enforcement information related to transportation security; (4) assess 
and respond to threats to transportation; (5) oversee the 
implementation and ensure the adequacy of security measures at airports 
and other transportation facilities; (6) plan and coordinate any 
actions or activities that may affect transportation safety and 
security or the operations of transportation operators; or (7) the 
issuance, maintenance, or renewal of a license, certificate, contract, 
grant, or other benefit.
    P. 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 name, incident code, social security 
number or other unique personal identifier.

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 stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

Retention and disposal:
    Referred issues are sent to DHS components for resolution. 
Components will maintain the record copy in accordance with the 
component's related record disposition schedule. CRCL will maintain a 
reference copy containing the original complaint, all related and 
relevant documents, and the component's memorandum of resolution in 
accordance with records schedule N1-563-07-6, b.1 and will destroy or 
delete seven years after resolution or closure of the case.
    Retained issues are either maintained by CRCL because of the 
significance of the issue, which may result in policy change, or issues 
retuned from the component for resolution in accordance with N1-563-07-
6, b.2 and will destroy or delete seventy-five years after resolution 
or closure of the case.
    Significant case files involve allegations made against senior DHS 
officials; attract national media or congressional attention; present 
significant or novel questions of law or policy; and result in 
substantive changes in DHS policies and procedures. Significant case 
files will be selected by the Headquarters and component civil rights 
and civil liberties offices based on these criteria. In accordance with 
N1-563-07-6, b.3 records are maintained through the end of fiscal year 
in which the significant case file is closed. Records are transferred 
to NARA five years after the case is closed according to NARA transfer 
guidance and regulations.

System Manager and address:
    For DHS: Complaints Manager (202-357-8178), Office for Civil Rights 
and Civil Liberties, Department of Homeland Security, 1201 New York 
Avenue, NW., Washington, DC 20528.
    For components of DHS, the System Manager can be found at https://www.dhs.gov/foia under ``contacts.''

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, CRCL, component civil 
rights and civil liberties offices, and staff of components who do not 
have a designated civil rights and civil liberties office but who do 
perform related functions, 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 CRCL 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 and Chief Freedom of Information Act Officer, 
Department of Homeland Security, 245 Murray Drive, SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records your request must conform with 
the Privacy Act regulations set forth in 6 CFR part 5. You must first 
verify your identity, meaning that you must provide your full name, 
current address and date and place of birth. You must sign your 
request, and your signature must either be notarized or submitted under 
28 U.S.C. 1746, a law that permits statements to be made under penalty 
of perjury as a substitute for notarization. While no specific form is 
required, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, 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; 
and
     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) 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:
    Information is collected from individuals who file complaints, 
eyewitnesses, third parties, DHS employees and/or contractors, illegal 
aliens involved in the circumstances that gave rise to the complaint, 
open sources such as non-fee internet sources and newspapers, and other 
entities with

[[Page 38829]]

information pertinent to the matter under investigation. The 
information is received via correspondence, telephone calls, e-mails, 
and facsimiles.

Exemptions claimed for the system:
    The Secretary of Homeland Security proposes to exempt certain 
portions of this system relating to ongoing investigations and national 
security activities from the following provisions of the Privacy Act, 
subject to the limitations set forth in 5 U.S.C. 552a(c)(3); (d); 
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f) pursuant to 5 U.S.C. 
552a (k)(1), (k)(2), (k)(3), and (k)(5).

    Dated:May 13, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-16363 Filed 7-2-10; 8:45 am]
BILLING CODE 9110-9B-P