Privacy Act of 1974; Privacy Act of 1974: Department of Homeland Security/ALL-031 Information Sharing Environment Suspicious Activity Reporting Initiative System of Records, 55335-55339 [2010-22636]
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Federal Register / Vol. 75, No. 175 / Friday, September 10, 2010 / Notices
55335
TABLE 1.—Continued
Application
No.
NDA 10–915
Drug
Applicant
Q.E.D. Hairgroom (captan)
The Director, Center for Drug
Evaluation and Research, under section
505(e) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 355(e)), and
under authority delegated by the
Commissioner, finds that the holders of
the applications listed in this document
have repeatedly failed to submit reports
required by § 314.81. In addition, under
§ 314.200, we find that the holders of
the applications have waived any
contentions concerning the legal status
of the drug products. Therefore, under
these findings, approval of the
applications listed in this document,
and all amendments and supplements
thereto, is hereby withdrawn, effective
September 10, 2010.
Dated: August 31, 2010.
Janet Woodcock,
Director, Center for Drug Evaluation and
Research.
[FR Doc. 2010–22603 Filed 9–9–10; 8:45 am]
BILLING CODE 4160–01–S
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2010–0075]
Privacy Act of 1974; Privacy Act of
1974: Department of Homeland
Security/ALL–031 Information Sharing
Environment Suspicious Activity
Reporting Initiative System of Records
Privacy Office, DHS.
Notice of Privacy Act system of
AGENCY:
ACTION:
records.
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to
establish a new Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/ALL—031 Information Sharing
Environment Suspicious Activity
Reporting Initiative System of Records.’’
This system of records will allow DHS
to compile suspicious activity report
data that meet the Information Sharing
Environment Suspicious Activity
Reporting Functional Standard and
share these Suspicious Activity
Reporting data with authorized
participants in the Nationwide
Suspicious Activity Reporting Initiative,
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SUMMARY:
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A.R. Winarick, Inc., 783 Palisade Ave., Cliffside, NJ 07010
including other DHS components,
Federal departments and agencies,
State, local and Tribal law enforcement
agencies, and the private sector.
Additionally, the Department of
Homeland Security is issuing a Notice
of Proposed Rulemaking to exempt this
system from certain provisions of the
Privacy Act elsewhere in the Federal
Register. This newly established system
will be included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
October 12, 2010. This new system will
be effective October 12, 2010.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2010–0075 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: Ronald
Athmann (202–447–4332), Office of
Intelligence and Analysis, Department
of Homeland Security, Washington, DC
20528. 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
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) proposes to
establish a new DHS system of records
titled, ‘‘DHS/ALL–031 Information
Sharing Environment (ISE) Suspicious
Activity Reporting (SAR) Initiative
System of Records.’’
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This system of records will allow DHS
components that produce, receive, and
store suspicious activity reports (SARs)
pursuant to their existing authorities,
responsibilities, platforms, and
programs to compile and share report
data that also meet the ISE–SAR
Functional Standard with authorized
participants in the Nationwide SAR
Initiative (NSI) including, Federal
departments and agencies, State, local
and Tribal law enforcement agencies,
and the private sector. The NSI is one
of a number of government-wide efforts
designed to implement guidelines first
issued by the President on December 16,
2005, for establishing the ISE pursuant
to section 1016 of the Intelligence
Reform and Terrorism Prevention Act of
2004 (IRTPA), as amended. The NSI
establishes a nationwide capability to
gather, document, process, analyze and
share information about suspicious
activity, incidents, or behavior
reasonably indicative of terrorist
activities (hereafter collectively referred
to as suspicious activity or activities) to
enable rapid identification and
mitigation of potential terrorist threats.
There is a long history of
documenting of suspicious activity,
particularly in the law enforcement
community; these reports are sometimes
referred to as suspicious activity reports,
tips and leads, or other similar terms.
Federal, State, local and Tribal agencies
and the private sector currently collect
and document suspicious activities in
support of their responsibilities to
investigate and prevent potential
crimes, protect citizens, and apprehend
and prosecute criminals. Since some of
these documented activities may bear a
nexus to terrorism, the Program
Manager for the Information Sharing
Environment (PM–ISE) has developed a
standardized process for identifying,
documenting, and sharing terrorismrelated SAR data (hereinafter referred to
as an ‘‘ISE–SAR’’), which meet the
definition and criteria set forth in the
ISE Functional Standard Suspicious
Activity Reporting, (Version 1.5, May
2009) to the maximum extent possible
consistent with the protection of
individual privacy, civil rights, and civil
liberties. The Functional Standard
defines an ISE–SAR as official
documentation of observed behavior
determined to have a potential nexus to
terrorism (i.e., to be reasonably
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indicative of criminal activity associated
with terrorism).
Several operational components
within DHS regularly observe or
otherwise encounter suspicious
activities while executing their
authorized missions and performing
operational duties. Components
document those observations or
encounters in SARs. Across the
Department the operational setting or
context for activities reported in SARs
are as varied as the Department’s
mission responsibilities. Engagement
with the NSI will alter neither those
underlying mission functions nor upset
the current methodologies employed by
DHS components collecting information
on suspicious activities and issuing
SARs. Rather, the NSI will facilitate the
more effective sharing and discovery—
both internally and between DHS and
external NSI participants—by
incorporating a standardized
technological and functional approach
for recording and storing ISE–SARs
throughout DHS. Once trained in the
NSI program and the application of
these technical and functional
standards, DHS personnel will review
component SARs and submit the data
only from those that meet the ISE–SAR
Functional Standard into the NSI
Shared Space.
In keeping with NSI standards,
whenever suspicious activity is
determined to have a potential nexus to
terrorism, DHS personnel will extract
data from the component level SARs
and input that data in a standardized
format to the NSI Shared Space. All
ISE–SAR data introduced into the NSI
Shared Space are stored locally, but
made available to other authorized users
when a user’s search criteria are met.
For example, DHS ISE–SAR data
remains under the control of the
Department until an authorized user
queries the NSI Shared Space with
terms that match the data in the DHS
ISE–SAR server. The results of each
user’s search or query cannot be
downloaded or edited.
Additionally, DHS is issuing a Notice
of Proposed Rulemaking to exempt this
system of records from certain
provisions of the Privacy Act elsewhere
in the Federal Register. This newly
established system will 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
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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. As published
elsewhere in today’s Federal Register,
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,
DHS will consider individual requests
to determine whether or not information
may be released.
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 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–031 system of records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
system of records to the Office of
Management and Budget and to
Congress.
SYSTEM OF RECORDS
DHS/ALL–031
SYSTEM NAME:
DHS/ALL–031 Information Sharing
Environment (ISE) Suspicious Activity
Reporting (SAR) Initiative System of
Records.
SECURITY CLASSIFICATION:
Unclassified, sensitive, and law
enforcement sensitive.
SYSTEM LOCATION:
Records are maintained at the
Department of Homeland Security
(DHS) Headquarters on the DHS
Nationwide Suspicious Activity Report
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Initiative (NSI) Shared Space Server in
Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include:
• DHS employees and contractors
who have submitted ISE–SAR data to
the NSI Shared.
• DHS employees and contractors
who use the NSI Shared Space for
conducting research and analysis with a
potential terrorism nexus.
• Federal, State, local, Tribal,
territorial and private sector officials
whose agency or organization is part of
the NSI and have submitted a ISE–SAR
that meets the ISE–SAR Functional
Standard and whose information DHS
personnel have a need to know for the
performance of their official duties.
• Federal, State, local, Tribal,
territorial, and private sector officials
whose agency or organization is an NSI
participant and who use the NSI Shared
Space for conducting research and
analysis with a potential terrorism
nexus.
• Individuals whose behavior is
reasonably indicative of pre-operational
planning related to terrorism or other
criminal activity associated with
terrorism.
• Witnesses who have observed
individuals whose behavior reasonably
is indicative of pre-operational planning
related to terrorism or other criminal
activity associated with terrorism.
• Individuals who have a material
relationship to the activity or behavior
reported in an ISE–SAR (e.g., the owner
of a particular vehicle that was observed
in a SAR, where it is unclear whether
the person was actually driving the
vehicle).
CATEGORIES OF RECORDS IN THE SYSTEM:
As described in the ISE–SAR
Functional Standard Version 1.5
published in May 2009, the below
information related to individuals may
be maintained in this system. The ISE–
SAR Functional Standard identifies
privacy fields, which are also noted
below.
• Aircraft descriptions, including:
Æ Aircraft engine quality.
Æ Aircraft fuselage color.
Æ Aircraft wing color.
Æ Aircraft ID (privacy field).
Æ Aircraft make code.
Æ Aircraft model code.
Æ Aircraft style code .
Æ Aircraft tail number (privacy
field).
• Attachment:
Æ Attachment type text.
Æ Binary image.
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Æ Capture date.
Æ Description text.
Æ Format type text.
Æ Attachment URI.
Æ Attachment privacy field
indicator.
• Contact information for the
submitter of the ISE–SAR:
Æ Person first name.
Æ Person last name.
Æ Person middle initial/name.
Æ E-mail address.
Æ Organization/Affiliation, such as
DHS.
Æ Full telephone number.
• Driver License:
Æ Expiration date (privacy field).
Æ Expiration year.
Æ Issuing authority text.
Æ Driver license number (privacy
field).
Æ Driver license endorsements,
such as Hazardous Materials,
Commercial Driver’s License,
Motorcycle.
• Follow-up Action:
Æ Activity date.
Æ Activity time.
Æ Assigned by text.
Æ Assigned to text.
Æ Disposition text.
Æ Status text.
• Location:
Æ Location description (privacy
field).
• Location Address:
Æ Building description.
Æ County name.
Æ Country name.
Æ Cross street description.
Æ Floor identifier.
Æ International Civil Aviation
Organization (ICAO) airfield code for
departure.
Æ ICAO airfield code for planned
destination.
Æ ICAO for actual destination.
Æ ICAO airfield for alternate.
Æ Mile marker text.
Æ Municipality name.
Æ Postal code.
Æ State name.
Æ Street name.
Æ Street number (privacy field).
Æ Street post directional.
Æ Street pre directional.
Æ Street type.
Æ Unit ID (privacy field).
• Location Coordinates:
Æ Altitude.
Æ Coordinate datum.
Æ Latitude degree.
Æ Latitude minute.
Æ Latitude second.
Æ Longitude degree.
Æ Longitude minute.
Æ Longitude second.
Æ Conveyance track/intent.
• Observer:
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Æ Observer type text.
Æ Person employer ID (privacy
field).
• Owning organization:
Æ Organization item.
Æ Organization description.
Æ Organization ID (privacy field).
Æ Organization Local ID.
• Other Identifier:
Æ Person identification number
(PID) (privacy field).
Æ PID effective date (privacy field).
Æ PID effective year.
Æ PID expiration date (privacy
field).
Æ PID expiration year.
Æ PID issuing authority text.
Æ PID type code.
• Passport:
Æ Passport ID (privacy field).
Æ Expiration date (privacy field).
Æ Expiration year.
Æ Issuing country code.
• Person:
Æ AFIS FBI number (privacy field).
Æ Age.
Æ Age unit code.
Æ Date of birth (privacy field).
Æ Year of birth.
Æ Ethnicity code.
Æ Maximum age.
Æ Minimum age.
Æ State identifier (privacy field).
Æ Tax identification number
(privacy field).
• Person Name:
Æ First name (privacy field).
Æ Last name (privacy field).
Æ Middle name (privacy field).
Æ Full name (privacy field).
Æ Moniker (privacy field).
Æ Name suffix.
Æ Name type.
• Physical descriptors:
Æ Build description.
Æ Eye color code.
Æ Eye color text.
Æ Hair color code.
Æ Hair color text.
Æ Person eyewear text.
Æ Person facial hair text.
Æ Person height.
Æ Person height unit code.
Æ Person maximum height.
Æ Person minimum height.
Æ Person maximum weight.
Æ Person minimum weight.
Æ Person sex code.
Æ Person weight.
Æ Person weight unit code.
Æ Race code.
Æ Skin tone code.
Æ Clothing description text.
• Physical feature:
Æ Feature description.
Æ Feature type code.
Æ Location description.
• Registration:
Æ Registration authority code.
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Æ Registration number (privacy
field).
Æ Registration type.
Æ Registration year.
• ISE–SAR Submission:
Æ Additional details indicator.
Æ Data entry date.
Æ Dissemination code.
Æ Fusion center contact first name.
Æ Fusion center contact last name.
Æ Fusion center contact e-mail
address.
Æ Fusion center contact telephone
number.
Æ Message type indicator.
Æ Privacy purge data.
Æ Privacy purge review date.
Æ Submitting ISE–SAR Record ID.
Æ ISE–SAR submission date.
Æ ISE–SAR title.
Æ ISE–SAR version.
Æ Source agency case ID.
Æ Source agency record reference
name.
Æ Source agency record status code.
Æ Privacy information exists
indicator.
• Sensitive Information Details:
Æ Classification label.
Æ Classification reason text.
Æ Sensitivity level.
Æ Tearlined indicator (information
that indicates the report does not
contain classified information).
• Source Organization:
Æ Organization name.
Æ Organization ORI.
Æ System ID.
Æ Fusion center submission date.
Æ Source agency contact first name.
Æ Source agency contact last name.
Æ Source agency contact e-mail
address.
Æ Source agency contact phone
number.
• Suspicious Activity Report:
Æ Community description.
Æ Community URI.
Æ LEXS version.
Æ Message date/time.
Æ Sequence number.
Æ Source reliability code.
Æ Content validity code.
Æ Nature of source-code.
Æ Nature of source-text.
• Submitting organization:
Æ Organization name.
Æ Organization ID.
Æ Organization ORI.
Æ System ID.
• Suspicious Activity:
Æ Activity end date.
Æ Activity end time.
Æ Activity start date.
Æ Activity start time.
Æ Observation description text.
Æ Observation end date.
Æ Observation end time.
Æ Observation start date.
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Æ Observation start time.
Æ Threat type code.
Æ Threat type detail text.
Æ Suspicious activity code.
Æ Weather condition details.
• Target:
Æ Critical infrastructure indicator.
Æ Infrastructure sector code.
Æ Infrastructure tier text.
Æ Structure type code.
Æ Target type text.
Æ Structure type text.
Æ Target description text.
• Vehicle:
Æ Color code.
Æ Description.
Æ Make name.
Æ Model name.
Æ Style code.
Æ Vehicle year.
Æ Vehicle identification number
(privacy field).
Æ US DOT number (privacy field).
Æ Vehicle description.
• Related ISE–SAR:
Æ Fusion center ID.
Æ Fusion center ISE–SAR Record
ID.
Æ Relations description text.
• Vessel:
Æ Vessel official Coast Guard
number identification (privacy field).
Æ Vessel ID (privacy field).
Æ Vessel ID issuing authority.
Æ Vessel IMO number
identification (privacy field).
Æ Vessel MMSI identification.
Æ Vessel make.
Æ Vessel model.
Æ Vessel model year.
Æ Vessel name.
Æ Vessel hailing port.
Æ Vessel national flag.
Æ Vessel overall length.
Æ Vessel overall length measure.
Æ Vessel serial number (privacy
field).
Æ Vessel type code.
Æ Vessel propulsion text.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Homeland Security Act of 2002,
as amended; and the Intelligence
Reform and Terrorism Prevention Act of
2004, as amended; the National Security
Act of 1947, as amended; Executive
Order 13388.
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PURPOSE(S):
The ISE–SAR Functional Standard is
designed to support the sharing,
specifically through the NSI, of
information about suspicious activities
that have a potential terrorism nexus
throughout the ISE. The NSI
participants include DHS; the
Department of Justice; other Federal
agencies carrying out counterterrorism
mission function; State, local, and
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Tribal entities, including law
enforcement agencies, represented at
State, regional, major urban area fusion
centers; and the private sector to the
extent authorized by applicable law. In
addition to providing specific indicators
of possible terrorism-related crimes,
ISE–SARs can be used to look for
patterns and trends by analyzing
information at a broader level than
would typically be recognized within a
single jurisdiction, State, or territory.
Standardized and consistent sharing of
suspicious activity information
regarding potential terrorist threats and
possible criminal activity associated
with terrorism among State and major
urban area fusion centers and Federal
agencies is vital to assessing, deterring,
preventing, or prosecuting those
involved in criminal activities
associated with terrorism.
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
(including United States Attorney
Offices) or other Federal agency
conducting litigation or in proceedings
before any court, adjudicative or
administrative body, when it is
necessary to the litigation and one of the
following is a party to the litigation or
has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her
official capacity;
3. Any employee of DHS in his/her
individual capacity where DOJ or DHS
has agreed to represent the employee; or
4. The United States or any agency
thereof, is a party to the litigation or has
an interest in such litigation, and DHS
determines that the records are both
relevant and necessary to the litigation
and the use of such records is
compatible with the purpose for which
DHS collected the records.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made at the request of the individual to
whom the record pertains.
C. To the National Archives and
Records Administration or other Federal
government agencies pursuant to
records management inspections being
conducted under the authority of 44
U.S.C. 2904 and 2906.
D. To an agency, organization, or
individual for the purpose of performing
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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 individuals that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’s efforts to
respond to the suspected or confirmed
compromise and prevent, minimize, or
remedy such harm.
F. To contractors and their agents,
grantees, experts, consultants, and
others performing or working on a
contract, service, grant, cooperative
agreement, or other assignment for DHS,
when necessary to accomplish an
agency function related to this system of
records. Individuals provided
information under this routine use are
subject to the same Privacy Act
requirements and limitations on
disclosure as are applicable to DHS
officers and employees.
G. To an appropriate Federal, State,
Tribal, local, international, or foreign
law enforcement agency or other
appropriate public or private sector
organization who is a participant in the
Nationwide SAR Initiative and
authorized access through the NSI
Shared Space for the purpose of
supporting an authorized law
enforcement, counterterrorism, national
security, or homeland security function.
H. To Federal government
counterterrorism agencies where DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, and where such
use is to assist in anti-terrorism efforts.
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, property or other vital
interests of a data subject and disclosure
is proper and consistent with the official
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NOTIFICATION PROCEDURE:
duties of the person making the
disclosure.
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Much of the data within this system
does not pertain to an individual; rather,
the information pertains to locations,
geographic areas, facilities, and other
things or objects not related to
individuals. However, personal
information may be captured. Personal
data may be retrieved by name, Social
Security number, any privacy fields
noted under Categories of Records, and
other identifiers listed under the
Categories of Records section.
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.
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RETENTION AND DISPOSAL:
DHS is in the process of developing
a retention schedule for DHS ISE–SAR
data. This retention schedule will be
based upon the underlying retention
schedules of the information identified
in existing components’ retention
schedules. DHS components maintain
the authority to withdraw and/or edit
any and all ISE–SAR data that they have
entered into the NSI Shared Space in
accordance with their respective
policies. The NSI Shared Space does not
have any internal retention mandates
independent of the retention policies of
the DHS components that enter their
information into the NSI Shared Space.
SYSTEM MANAGER AND ADDRESS:
Ronald Athmann (202) 447–4332,
Office of Intelligence and Analysis,
Department of Homeland Security,
Washington, DC 20528.
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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,
DHS 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 Headquarters or 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 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
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
55339
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are obtained from ISE–SARs
submitted by Federal, State, local,
Tribal, and territorial agencies and
private sector organizations who are NSI
participants. The respective mission sets
of DHS components are varied and
entail coverage across multiple sectors.
DHS components use a standardized
technical approach across DHS to
incorporate SAR data into the NSI
Shared Space. DHS personnel, trained
in the ISE–SAR program, will review
component SARs and submit only those
SAR data that meet the ISE–SAR
Functional Standard to the NSI Shared
Space.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security
has exempted this system from the
following provisions of the Privacy Act,
subject to the limitations set forth in 5
U.S.C. 552a(c)(3) and (4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), (e)(8), and (e)(12); (f); (g)(1); and
(h) of the Privacy Act pursuant to 5
U.S.C. 552a(j)(2). Additionally, the
Secretary of Homeland Security has
exempted this system from the
following provisions of the Privacy Act,
subject to the limitation set forth in 5
U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f) of the Privacy
Act pursuant to 5 U.S.C. 552a(k)(2), and
(k)(3).
Dated: September 7, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2010–22636 Filed 9–9–10; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket ID FEMA–2010–0033]
Federal Emergency Management
Agency
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request, OMB
No. 1660–0030; Request for the Site
Inspection and Landowners
Authorization/Ingress-Egress
Agreement
Federal Emergency
Management Agency, DHS.
AGENCY:
E:\FR\FM\10SEN1.SGM
10SEN1
Agencies
[Federal Register Volume 75, Number 175 (Friday, September 10, 2010)]
[Notices]
[Pages 55335-55339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22636]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0075]
Privacy Act of 1974; Privacy Act of 1974: Department of Homeland
Security/ALL-031 Information Sharing Environment Suspicious Activity
Reporting Initiative System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to establish a new Department of Homeland
Security system of records titled, ``Department of Homeland Security/
ALL--031 Information Sharing Environment Suspicious Activity Reporting
Initiative System of Records.'' This system of records will allow DHS
to compile suspicious activity report data that meet the Information
Sharing Environment Suspicious Activity Reporting Functional Standard
and share these Suspicious Activity Reporting data with authorized
participants in the Nationwide Suspicious Activity Reporting
Initiative, including other DHS components, Federal departments and
agencies, State, local and Tribal law enforcement agencies, and the
private sector. Additionally, the Department of Homeland Security is
issuing a Notice of Proposed Rulemaking to exempt this system from
certain provisions of the Privacy Act elsewhere in the Federal
Register. This newly established system will be included in the
Department of Homeland Security's inventory of record systems.
DATES: Submit comments on or before October 12, 2010. This new system
will be effective October 12, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0075 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:
Ronald Athmann (202-447-4332), Office of Intelligence and Analysis,
Department of Homeland Security, Washington, DC 20528. 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
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) proposes to establish a new DHS
system of records titled, ``DHS/ALL-031 Information Sharing Environment
(ISE) Suspicious Activity Reporting (SAR) Initiative System of
Records.''
This system of records will allow DHS components that produce,
receive, and store suspicious activity reports (SARs) pursuant to their
existing authorities, responsibilities, platforms, and programs to
compile and share report data that also meet the ISE-SAR Functional
Standard with authorized participants in the Nationwide SAR Initiative
(NSI) including, Federal departments and agencies, State, local and
Tribal law enforcement agencies, and the private sector. The NSI is one
of a number of government-wide efforts designed to implement guidelines
first issued by the President on December 16, 2005, for establishing
the ISE pursuant to section 1016 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (IRTPA), as amended. The NSI
establishes a nationwide capability to gather, document, process,
analyze and share information about suspicious activity, incidents, or
behavior reasonably indicative of terrorist activities (hereafter
collectively referred to as suspicious activity or activities) to
enable rapid identification and mitigation of potential terrorist
threats.
There is a long history of documenting of suspicious activity,
particularly in the law enforcement community; these reports are
sometimes referred to as suspicious activity reports, tips and leads,
or other similar terms. Federal, State, local and Tribal agencies and
the private sector currently collect and document suspicious activities
in support of their responsibilities to investigate and prevent
potential crimes, protect citizens, and apprehend and prosecute
criminals. Since some of these documented activities may bear a nexus
to terrorism, the Program Manager for the Information Sharing
Environment (PM-ISE) has developed a standardized process for
identifying, documenting, and sharing terrorism-related SAR data
(hereinafter referred to as an ``ISE-SAR''), which meet the definition
and criteria set forth in the ISE Functional Standard Suspicious
Activity Reporting, (Version 1.5, May 2009) to the maximum extent
possible consistent with the protection of individual privacy, civil
rights, and civil liberties. The Functional Standard defines an ISE-SAR
as official documentation of observed behavior determined to have a
potential nexus to terrorism (i.e., to be reasonably
[[Page 55336]]
indicative of criminal activity associated with terrorism).
Several operational components within DHS regularly observe or
otherwise encounter suspicious activities while executing their
authorized missions and performing operational duties. Components
document those observations or encounters in SARs. Across the
Department the operational setting or context for activities reported
in SARs are as varied as the Department's mission responsibilities.
Engagement with the NSI will alter neither those underlying mission
functions nor upset the current methodologies employed by DHS
components collecting information on suspicious activities and issuing
SARs. Rather, the NSI will facilitate the more effective sharing and
discovery--both internally and between DHS and external NSI
participants--by incorporating a standardized technological and
functional approach for recording and storing ISE-SARs throughout DHS.
Once trained in the NSI program and the application of these technical
and functional standards, DHS personnel will review component SARs and
submit the data only from those that meet the ISE-SAR Functional
Standard into the NSI Shared Space.
In keeping with NSI standards, whenever suspicious activity is
determined to have a potential nexus to terrorism, DHS personnel will
extract data from the component level SARs and input that data in a
standardized format to the NSI Shared Space. All ISE-SAR data
introduced into the NSI Shared Space are stored locally, but made
available to other authorized users when a user's search criteria are
met. For example, DHS ISE-SAR data remains under the control of the
Department until an authorized user queries the NSI Shared Space with
terms that match the data in the DHS ISE-SAR server. The results of
each user's search or query cannot be downloaded or edited.
Additionally, DHS is issuing a Notice of Proposed Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act elsewhere in the Federal Register. This newly established system
will 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. As published elsewhere in today's Federal Register, 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, DHS will consider
individual requests to determine whether or not information may be
released.
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
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-
031 system of records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM OF RECORDS
DHS/ALL-031
SYSTEM NAME:
DHS/ALL-031 Information Sharing Environment (ISE) Suspicious
Activity Reporting (SAR) Initiative System of Records.
SECURITY CLASSIFICATION:
Unclassified, sensitive, and law enforcement sensitive.
SYSTEM LOCATION:
Records are maintained at the Department of Homeland Security (DHS)
Headquarters on the DHS Nationwide Suspicious Activity Report
Initiative (NSI) Shared Space Server in Washington, DC.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include:
DHS employees and contractors who have submitted ISE-SAR
data to the NSI Shared.
DHS employees and contractors who use the NSI Shared Space
for conducting research and analysis with a potential terrorism nexus.
Federal, State, local, Tribal, territorial and private
sector officials whose agency or organization is part of the NSI and
have submitted a ISE-SAR that meets the ISE-SAR Functional Standard and
whose information DHS personnel have a need to know for the performance
of their official duties.
Federal, State, local, Tribal, territorial, and private
sector officials whose agency or organization is an NSI participant and
who use the NSI Shared Space for conducting research and analysis with
a potential terrorism nexus.
Individuals whose behavior is reasonably indicative of
pre-operational planning related to terrorism or other criminal
activity associated with terrorism.
Witnesses who have observed individuals whose behavior
reasonably is indicative of pre-operational planning related to
terrorism or other criminal activity associated with terrorism.
Individuals who have a material relationship to the
activity or behavior reported in an ISE-SAR (e.g., the owner of a
particular vehicle that was observed in a SAR, where it is unclear
whether the person was actually driving the vehicle).
CATEGORIES OF RECORDS IN THE SYSTEM:
As described in the ISE-SAR Functional Standard Version 1.5
published in May 2009, the below information related to individuals may
be maintained in this system. The ISE-SAR Functional Standard
identifies privacy fields, which are also noted below.
Aircraft descriptions, including:
[cir] Aircraft engine quality.
[cir] Aircraft fuselage color.
[cir] Aircraft wing color.
[cir] Aircraft ID (privacy field).
[cir] Aircraft make code.
[cir] Aircraft model code.
[cir] Aircraft style code .
[cir] Aircraft tail number (privacy field).
Attachment:
[cir] Attachment type text.
[cir] Binary image.
[[Page 55337]]
[cir] Capture date.
[cir] Description text.
[cir] Format type text.
[cir] Attachment URI.
[cir] Attachment privacy field indicator.
Contact information for the submitter of the ISE-SAR:
[cir] Person first name.
[cir] Person last name.
[cir] Person middle initial/name.
[cir] E-mail address.
[cir] Organization/Affiliation, such as DHS.
[cir] Full telephone number.
Driver License:
[cir] Expiration date (privacy field).
[cir] Expiration year.
[cir] Issuing authority text.
[cir] Driver license number (privacy field).
[cir] Driver license endorsements, such as Hazardous Materials,
Commercial Driver's License, Motorcycle.
Follow-up Action:
[cir] Activity date.
[cir] Activity time.
[cir] Assigned by text.
[cir] Assigned to text.
[cir] Disposition text.
[cir] Status text.
Location:
[cir] Location description (privacy field).
Location Address:
[cir] Building description.
[cir] County name.
[cir] Country name.
[cir] Cross street description.
[cir] Floor identifier.
[cir] International Civil Aviation Organization (ICAO) airfield
code for departure.
[cir] ICAO airfield code for planned destination.
[cir] ICAO for actual destination.
[cir] ICAO airfield for alternate.
[cir] Mile marker text.
[cir] Municipality name.
[cir] Postal code.
[cir] State name.
[cir] Street name.
[cir] Street number (privacy field).
[cir] Street post directional.
[cir] Street pre directional.
[cir] Street type.
[cir] Unit ID (privacy field).
Location Coordinates:
[cir] Altitude.
[cir] Coordinate datum.
[cir] Latitude degree.
[cir] Latitude minute.
[cir] Latitude second.
[cir] Longitude degree.
[cir] Longitude minute.
[cir] Longitude second.
[cir] Conveyance track/intent.
Observer:
[cir] Observer type text.
[cir] Person employer ID (privacy field).
Owning organization:
[cir] Organization item.
[cir] Organization description.
[cir] Organization ID (privacy field).
[cir] Organization Local ID.
Other Identifier:
[cir] Person identification number (PID) (privacy field).
[cir] PID effective date (privacy field).
[cir] PID effective year.
[cir] PID expiration date (privacy field).
[cir] PID expiration year.
[cir] PID issuing authority text.
[cir] PID type code.
Passport:
[cir] Passport ID (privacy field).
[cir] Expiration date (privacy field).
[cir] Expiration year.
[cir] Issuing country code.
Person:
[cir] AFIS FBI number (privacy field).
[cir] Age.
[cir] Age unit code.
[cir] Date of birth (privacy field).
[cir] Year of birth.
[cir] Ethnicity code.
[cir] Maximum age.
[cir] Minimum age.
[cir] State identifier (privacy field).
[cir] Tax identification number (privacy field).
Person Name:
[cir] First name (privacy field).
[cir] Last name (privacy field).
[cir] Middle name (privacy field).
[cir] Full name (privacy field).
[cir] Moniker (privacy field).
[cir] Name suffix.
[cir] Name type.
Physical descriptors:
[cir] Build description.
[cir] Eye color code.
[cir] Eye color text.
[cir] Hair color code.
[cir] Hair color text.
[cir] Person eyewear text.
[cir] Person facial hair text.
[cir] Person height.
[cir] Person height unit code.
[cir] Person maximum height.
[cir] Person minimum height.
[cir] Person maximum weight.
[cir] Person minimum weight.
[cir] Person sex code.
[cir] Person weight.
[cir] Person weight unit code.
[cir] Race code.
[cir] Skin tone code.
[cir] Clothing description text.
Physical feature:
[cir] Feature description.
[cir] Feature type code.
[cir] Location description.
Registration:
[cir] Registration authority code.
[cir] Registration number (privacy field).
[cir] Registration type.
[cir] Registration year.
ISE-SAR Submission:
[cir] Additional details indicator.
[cir] Data entry date.
[cir] Dissemination code.
[cir] Fusion center contact first name.
[cir] Fusion center contact last name.
[cir] Fusion center contact e-mail address.
[cir] Fusion center contact telephone number.
[cir] Message type indicator.
[cir] Privacy purge data.
[cir] Privacy purge review date.
[cir] Submitting ISE-SAR Record ID.
[cir] ISE-SAR submission date.
[cir] ISE-SAR title.
[cir] ISE-SAR version.
[cir] Source agency case ID.
[cir] Source agency record reference name.
[cir] Source agency record status code.
[cir] Privacy information exists indicator.
Sensitive Information Details:
[cir] Classification label.
[cir] Classification reason text.
[cir] Sensitivity level.
[cir] Tearlined indicator (information that indicates the report
does not contain classified information).
Source Organization:
[cir] Organization name.
[cir] Organization ORI.
[cir] System ID.
[cir] Fusion center submission date.
[cir] Source agency contact first name.
[cir] Source agency contact last name.
[cir] Source agency contact e-mail address.
[cir] Source agency contact phone number.
Suspicious Activity Report:
[cir] Community description.
[cir] Community URI.
[cir] LEXS version.
[cir] Message date/time.
[cir] Sequence number.
[cir] Source reliability code.
[cir] Content validity code.
[cir] Nature of source-code.
[cir] Nature of source-text.
Submitting organization:
[cir] Organization name.
[cir] Organization ID.
[cir] Organization ORI.
[cir] System ID.
Suspicious Activity:
[cir] Activity end date.
[cir] Activity end time.
[cir] Activity start date.
[cir] Activity start time.
[cir] Observation description text.
[cir] Observation end date.
[cir] Observation end time.
[cir] Observation start date.
[[Page 55338]]
[cir] Observation start time.
[cir] Threat type code.
[cir] Threat type detail text.
[cir] Suspicious activity code.
[cir] Weather condition details.
Target:
[cir] Critical infrastructure indicator.
[cir] Infrastructure sector code.
[cir] Infrastructure tier text.
[cir] Structure type code.
[cir] Target type text.
[cir] Structure type text.
[cir] Target description text.
Vehicle:
[cir] Color code.
[cir] Description.
[cir] Make name.
[cir] Model name.
[cir] Style code.
[cir] Vehicle year.
[cir] Vehicle identification number (privacy field).
[cir] US DOT number (privacy field).
[cir] Vehicle description.
Related ISE-SAR:
[cir] Fusion center ID.
[cir] Fusion center ISE-SAR Record ID.
[cir] Relations description text.
Vessel:
[cir] Vessel official Coast Guard number identification (privacy
field).
[cir] Vessel ID (privacy field).
[cir] Vessel ID issuing authority.
[cir] Vessel IMO number identification (privacy field).
[cir] Vessel MMSI identification.
[cir] Vessel make.
[cir] Vessel model.
[cir] Vessel model year.
[cir] Vessel name.
[cir] Vessel hailing port.
[cir] Vessel national flag.
[cir] Vessel overall length.
[cir] Vessel overall length measure.
[cir] Vessel serial number (privacy field).
[cir] Vessel type code.
[cir] Vessel propulsion text.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Homeland Security Act of 2002, as amended; and the Intelligence
Reform and Terrorism Prevention Act of 2004, as amended; the National
Security Act of 1947, as amended; Executive Order 13388.
PURPOSE(S):
The ISE-SAR Functional Standard is designed to support the sharing,
specifically through the NSI, of information about suspicious
activities that have a potential terrorism nexus throughout the ISE.
The NSI participants include DHS; the Department of Justice; other
Federal agencies carrying out counterterrorism mission function; State,
local, and Tribal entities, including law enforcement agencies,
represented at State, regional, major urban area fusion centers; and
the private sector to the extent authorized by applicable law. In
addition to providing specific indicators of possible terrorism-related
crimes, ISE-SARs can be used to look for patterns and trends by
analyzing information at a broader level than would typically be
recognized within a single jurisdiction, State, or territory.
Standardized and consistent sharing of suspicious activity information
regarding potential terrorist threats and possible criminal activity
associated with terrorism among State and major urban area fusion
centers and Federal agencies is vital to assessing, deterring,
preventing, or prosecuting those involved in criminal activities
associated with terrorism.
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 (including United States Attorney
Offices) or other Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individuals that rely upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, Tribal, local, international,
or foreign law enforcement agency or other appropriate public or
private sector organization who is a participant in the Nationwide SAR
Initiative and authorized access through the NSI Shared Space for the
purpose of supporting an authorized law enforcement, counterterrorism,
national security, or homeland security function.
H. To Federal government counterterrorism agencies where DHS
becomes aware of an indication of a threat or potential threat to
national or international security, and where such use is to assist in
anti-terrorism efforts.
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, property or other vital interests
of a data subject and disclosure is proper and consistent with the
official
[[Page 55339]]
duties of the person making the disclosure.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored electronically. The records are
stored on magnetic disc, tape, digital media, and CD-ROM.
RETRIEVABILITY:
Much of the data within this system does not pertain to an
individual; rather, the information pertains to locations, geographic
areas, facilities, and other things or objects not related to
individuals. However, personal information may be captured. Personal
data may be retrieved by name, Social Security number, any privacy
fields noted under Categories of Records, and other identifiers listed
under the Categories of Records section.
SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to the computer system containing the records in this
system is limited to those individuals who have a need to know the
information for the performance of their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:
DHS is in the process of developing a retention schedule for DHS
ISE-SAR data. This retention schedule will be based upon the underlying
retention schedules of the information identified in existing
components' retention schedules. DHS components maintain the authority
to withdraw and/or edit any and all ISE-SAR data that they have entered
into the NSI Shared Space in accordance with their respective policies.
The NSI Shared Space does not have any internal retention mandates
independent of the retention policies of the DHS components that enter
their information into the NSI Shared Space.
SYSTEM MANAGER AND ADDRESS:
Ronald Athmann (202) 447-4332, Office of Intelligence and Analysis,
Department of Homeland Security, Washington, DC 20528.
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, DHS 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 Headquarters or
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
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:
Records are obtained from ISE-SARs submitted by Federal, State,
local, Tribal, and territorial agencies and private sector
organizations who are NSI participants. The respective mission sets of
DHS components are varied and entail coverage across multiple sectors.
DHS components use a standardized technical approach across DHS to
incorporate SAR data into the NSI Shared Space. DHS personnel, trained
in the ISE-SAR program, will review component SARs and submit only
those SAR data that meet the ISE-SAR Functional Standard to the NSI
Shared Space.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security has exempted this system from
the following provisions of the Privacy Act, subject to the limitations
set forth in 5 U.S.C. 552a(c)(3) and (4); (d); (e)(1), (e)(2), (e)(3),
(e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8), and (e)(12); (f);
(g)(1); and (h) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2).
Additionally, the Secretary of Homeland Security has exempted this
system from the following provisions of the Privacy Act, subject to the
limitation set forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(2), and (k)(3).
Dated: September 7, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-22636 Filed 9-9-10; 8:45 am]
BILLING CODE 9110-9B-P