Privacy Act of 1974; U.S. Customs and Border Protection; DHS/CBP-004-Intellectual Property Rights e-Recordation and Search Systems, System of Records, 3015-3019 [2013-00603]
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Federal Register / Vol. 78, No. 10 / Tuesday, January 15, 2013 / Notices
ESTIMATED ANNUAL REPORTING REQUIREMENT BURDEN FOR OPIOID TREATMENT PROGRAMS—Continued
42 CFR citation
Number of
espondents
Purpose
Total ..................................
.........................................................
Send comments to Summer King,
SAMHSA Reports Clearance Officer,
Room 2–1057, One Choke Cherry Road,
Rockville, MD 20857 or email her a
copy at summer.king@samhsa.hhs.gov.
Written comments should be received
by March 18, 2013.
Summer King,
Statistician.
[FR Doc. 2013–00585 Filed 1–14–13; 8:45 am]
BILLING CODE 4162–20–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2012–0034]
1,829
Responses/
respondent
....................
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
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, visit https://
www.regulations.gov.
For
general questions, please contact:
Laurence E. Castelli, 202–325–0280,
CBP Privacy Officer, Office of
International Trade/Regulations and
Rulings, U.S. Customs and Border
Protection, Mint Annex, 799 9th Street
NW., Washington, DC 20229–1177. For
privacy issues, please contact: Jonathan
R. Cantor, 202–343–1717, Acting Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Privacy Act of 1974; U.S. Customs and
Border Protection; DHS/CBP–004–
Intellectual Property Rights eRecordation and Search Systems,
System of Records
Department of Homeland
Security, Privacy Office.
ACTION: Notice of Privacy Act system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security, U.S. Customs and
Border Protection proposes to establish
a new system of records titled, ‘‘U.S.
Customs and Border Protection, DHS/
CBP–004–Intellectual Property Rights eRecordation and Search Systems System
of Records.’’ This system of records
allows the Department and CBP to
collect and maintain records on
copyrights, trademarks, and trade names
that the respective owners have applied
to have recorded with CBP. In addition,
the Department is issuing a Notice of
Proposed Rulemaking elsewhere in the
Federal Register to exempt this system
of records from certain provisions of the
Privacy Act. This newly established
system will be included in the
Department’s inventory of record
systems.
SUMMARY:
Submit comments on or before
February 14, 2013. This new system will
be effective February 14, 2013.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2012–034 by one of the following
methods:
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DATES:
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I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS), U.S. Customs
and Border Protection (CBP) proposes to
establish a new DHS system of records
titled, ‘‘DHS/CBP–004–Intellectual
Property Rights e-Recordation and
Search Systems System of Records.’’
The Intellectual Property Rights eRecordation and Search Systems
(IPRRSS) collect, use, and maintain
records related to intellectual property
rights recordations and their owners.
The purpose of IPRRSS is to aid in the
enforcement of intellectual property
rights by making intellectual property
recordations available to the public and
to CBP officials.
IPRRSS collectively encompasses
three separate systems. The first system
is the online Intellectual Property Rights
e-Recordation (IPRR) system, which
allows intellectual property owners to
submit applications for trademark and
copyright recordations. The IPRR
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Total
responses
26,001
Hours/
response
Total
hours
................
2,263.15
system shares information with the
public Intellectual Property Rights
Search (IPRS) system and the CBP
Intellectual Property Rights Internal
Search (IPRiS) system. Because CBP
may collect personally identifiable
information (PII) about intellectual
property rights holders, their agents, or
their licensees in IPRR, IPRS, and IPRiS
(collectively IPRRSS), CBP is providing
the public notice about how CBP
collects, uses, and maintains records
related to intellectual property rights
recordations.
The authority for this system derives
from Section 42 of the Lanham Act
(Trademark Act of 1946), as amended,
15 U.S.C. 1124; Sections 101 and 602
through 603 of the Copyright Act of
1976, as amended, 17 U.S.C. 101, 602–
603; and Sections 526, 595a, and 624 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1526, 1595a, and 1624. The cited
sections provide that intellectual
property rights owners may submit
information to CBP to enable CBP
officials to identify infringing articles at
the borders and prevent the importation
of counterfeit or pirated merchandise.
Owners seeking to have merchandise
excluded from entry must provide proof
to CBP of the validity of the intellectual
property rights they seek to protect.
Pursuant to the Independent Offices
Appropriations Act of 1952, 31 U.S.C.
9701, and regulations at 19 CFR 133.3,
133.13, and 133.33, intellectual property
rights owners or their agents must pay
a fee when they apply for the
recordation with CBP of their
trademark, trade name, or copyright.
Through IPRR’s web-based interface, the
user will be prompted through several
steps that capture the user’s required
application information. Once the
applicant has entered all required
application information, IPRR will
guide the applicant through a series of
prompts seeking his/her billing name,
billing address, and credit card
information. IPRR forwards this
payment information to Pay.gov for
payment processing, and the applicant
name and an IPRR tracking number to
the DHS/CBP–003 Credit/Debit Card
Data System (CDCDS) System of
Records for payment reconciliation.
Pay.gov sends a nightly activity file,
including the last four digits of the
credit card, authorization number,
billing name, billing address, IPRR
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tracking number, and Pay.gov tracking
numbers to CDCDS. Pay.gov also sends
a daily batch file with the necessary
payment information to a commercial
bank for settlement processing. After
processing, the commercial bank sends
a settlement file, including the full
credit card number, authorization
number, card type, transaction date,
amount, and IPRR tracking number to
CDCDS. Once IPRR receives
confirmation from Pay.gov that the
payment has been processed
successfully, IPRR will retain the
Pay.gov tracking number for payment
reconciliation purposes in accordance
with the CDCDS system of records
retention schedule.
When an applicant enters the
registration number of a copyright or
trademark he or she would like to
record with CBP, the IPRR system must
receive a positive match response from
the U.S. Patent and Trademark Office
(USPTO) and U.S. Copyright Office Web
sites in order for the application to
proceed. Only the registration number is
shared with the USPTO and U.S.
Copyright Office Web sites. If the
registration number entered in IPRR
does not match an entry in either of
these Web sites, the applicant cannot
record their trademark or copyright with
CBP. Once a positive match response is
received from these systems, certain
fields in the application are
automatically populated with public
data taken directly from the U.S.
Copyright Office or USPTO Web sites.
All of the information copied from the
U.S. Copyright Office or U.S. Patent and
Trademark Office Web sites is publicly
available at www.uspto.gov and
www.copyright.gov.
The public may search for trademark,
trade name, and copyright information
in IPRS, the public facing portion of this
system of records. The IPRS database
collects and retains only a portion of the
information entered by the right holder
in IPRR, such as the name, address, and
phone number of the right holder or
representative, along with a text
description of the recorded trademark or
copyright. This information allows
retailers, consumers, and other
businesses to contact the right owner to
ensure that they are not obtaining goods
that infringe on the owner’s intellectual
property rights.
CBP and U.S. Immigration and
Customs Enforcement (ICE) officials
have access to IPRiS to assist in the
enforcement of intellectual property
rights. IPRiS provides a central
searchable database of all trademark,
trade name, and copyright recordation
information. IPRiS contains the same
information as IPRS, but with additional
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fields containing confidential
information submitted by the right
holder, including the names of entities
who have used the trademark or
copyright, the country of manufacture of
merchandise, images of the recorded
trademark or copyright, lists of
licensees, and any additional
information relating to enforcement of
the intellectual property right. Only CBP
and ICE officials may search IPRiS.
Only a few users within CBP have
access to an administrative interface to
process IPRR recordations. Those
authorized CBP users with
administrative access process the
renewals of existing trademark and
copyright recordations, trade name
recordations, and information about
ownership changes or cancellations.
Consistent with DHS’ informationsharing mission, information stored in
the DHS/CBP–004–Intellectual Property
Rights e-Recordation and Intellectual
Property Rights Search Systems may be
shared with other DHS components
with a need to know the information. In
addition these records may be shared
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies so
long as the recipient has a need to know
the information to carry out functions
consistent with the routine uses set
forth in this system of records notice
(SORN).
In addition, DHS is issuing a Notice
of Proposed Rulemaking elsewhere in
the Federal Register to exempt certain
portions of this system of records from
specific provisions of the Privacy Act.
DHS is not exempting any data in
IPRRSS regarding an individual’s
application for recordation of his or her
trademark, trade name, or copyright.
This system of records may contain
records or information pertaining to the
accounting of disclosures made from
IPRRSS to other national security, law
enforcement, or intelligence agencies
(federal, state, local, foreign,
international or tribal) in accordance
with the published routine uses or
statutory basis for disclosure under 5
U.S.C. 552a(b). For the accounting of
these disclosures only, in accordance
with 5 U.S.C. 552a(j)(2), DHS will claim
exemptions for these records or
information. In addition, the system
may contain records or information
pertaining to individuals who may have
used an intellectual property right
without the owner’s authorization. For
information or records pertaining to the
unauthorized use of intellectual
property rights, in accordance with 5
U.S.C. 552a(k)(2), DHS will claim
exemptions for these records or
information.
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This newly established system of
records will be included in DHS’s
inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair
information practice principles in a
statutory framework governing the
means by which the federal government
collects, maintains, uses, and
disseminates personally identifiable
information. The Privacy Act applies to
information that is maintained in a
‘‘system of records.’’ A ‘‘system of
records’’ is a group of any records under
the control of an agency from which
information is retrieved by the name of
an individual or by some identifying
number, symbol, or other identifying
particular assigned to the individual. In
the Privacy Act, an individual is defined
to encompass U.S. citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all persons,
regardless of citizenship, where systems
of records maintain information on U.S.
citizens, lawful permanent residents,
and visitors.
Below is the description of the DHS/
CBP–004–Intellectual Property Rights eRecordation and Search Systems,
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/CBP–004
SYSTEM NAME:
U.S. Customs and Border Protection,
Intellectual Property Rights eRecordation and Search Systems
(IPRRSS).
SECURITY CLASSIFICATION:
Unclassified, sensitive.
SYSTEM LOCATION:
Records are maintained at the U.S.
Customs and Border Protection
Headquarters in Washington, DC and
field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The individuals included in the
system include the owners of the
trademark, trade name, or copyright;
former owners of the trademark, trade
name, or copyright; agents or
representatives applying on behalf of
the intellectual property right owners;
contact persons; individuals authorized
to use the trademark, trade name, or
copyright; and other individuals who
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are alleged to have infringed on the
trademark, trade name, or copyright. For
trade names, the system may include
individuals who are not associated with
or related to the trade name applicant,
but who have actual knowledge and
state that the applicant used the trade
name, that the applicant is the only one
who may use the trade name, and that
the trade name is not identical or
confusingly similar to another
trademark or trade name used in
connection with the same class or kind
of merchandise. See 19 CFR 133.13. For
copyrights, the names of the performers
in the copyrighted work may be
included. The photographs may include
an individual modeling the trademark
or copyrighted work, or an individual
depicted in the copyrighted work.
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CATEGORIES OF RECORDS IN THE SYSTEM:
The categories of records in the
system include, but are not limited to:
• Full name (first, middle, and last).
• Address (country, city, state and zip
code).
• Telephone number.
• Fax number.
• Email address.
• Citizenship.
• Relationship to trademark,
copyright, or trade name owner.
• USPTO or U.S. Copyright Office
registration number.
• Description of registered trademark
or registered copyright.
• Date of issuance of trademark or
copyright registration.
• Country of manufacture of goods
bearing the genuine trademark, or
genuine copies or phonorecords of the
protected work.
• Names of all parties authorized to
use the trademark, trade name, or
copyright, and the nature of the
relationship to the owner.
• Names of any parties, foreign or
domestic, who use or claim the
trademark, trade name, or copyright,
and a description of those uses or
claims.
• Filing date of trademark
registration.
• If the trademark being registered is
a standard character mark.
• Date of expiration of the USPTO
registration.
• Supplemental information
concerning the trademark (e.g., type of
mark or design code category).
• International class of goods covered
by the USPTO registration and the
specific products entitled to protection.
• Title of copyrighted work.
• Foreign title of the copyrighted
work.
• IPRR tracking number.
• Pay.gov payment tracking number.
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• Up to five digital images of the
protected mark or copyrighted work.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The authority for this system derives
from section 42 of the Lanham Act
(Trademark Act of 1946), as amended,
15 U.S.C. 1124; sections 101 and 602
through 603 of the Copyright Act of
1976, as amended, 17 U.S.C. 101, 602–
603; and sections 526, 595a, and 624 of
the Tariff Act of 1930, as amended, 19
U.S.C. 1526, 1595a, and 1624; the
Independent Offices Appropriations
Act, 1952, 31 U.S.C. 9701; and
regulations at 19 CFR 133.3, 133.13, and
133.33.
PURPOSE(S):
The purpose of this system is to
collect and maintain information on
valid trademarks, trade names, and
copyrights, to enable CBP officials to
identify at the border merchandise that
infringes on registered trademarks,
registered copyrights, or trade names.
IPRRSS collection encompasses three
separate systems. The Intellectual
Property Rights e-Recordation (IPRR)
system allows intellectual property
owners to submit applications for
trademark and copyright recordations.
The IPRR system shares information
with two other CBP intellectual
property search systems: The public
Intellectual Property Rights Search
(IPRS) system, and the Intellectual
Property Rights Internal Search (IPRiS)
system. IPRS provides a web-based
search engine for the public to research
trademark, trade name, and copyright
recordations. IPRiS is used to assist CBP
and Immigration and Customs
Enforcement (ICE) in enforcing
copyrights, trademarks, and trade
names.
The Pay.gov tracking number
(associated with the payment
information provided to Pay.gov and
stored in DHS/CBP–003 Credit/Debit
Card Data System (CDCDS)) will be used
to process application fees and to
reconcile issues regarding payment
between CDCDS and Pay.gov. Payment
information, such as credit card
numbers or account information, will
not be used for determining recordation
in IPRS or IPRiS, and is stored in a
separate system (CDCDS) from the IPRR
application data.
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
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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 U.S. Attorney Offices, or other
federal agency conducting litigation or
in proceedings before any court,
adjudicative or administrative body,
when it is necessary or relevant 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.
B. To a congressional office from the
record of an individual in response to
an inquiry from that congressional office
made pursuant to a written Privacy Act
waiver at the request of the individual
to whom the record pertains.
C. To the National Archives and
Records Administration (NARA) or
General Services Administration
pursuant to records management
inspections being conducted under the
authority of 44 U.S.C. 2904 and 2906.
D. To an agency or organization 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. DHS 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
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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 appropriate federal, state, tribal,
local, or foreign governmental agencies
or multilateral governmental
organizations responsible for
investigating or prosecuting the
violations of, or for enforcing or
implementing, a statute, rule,
regulation, order, or license, where CBP
believes the information would assist
enforcement of applicable civil or
criminal laws.
H. To the U.S. Copyright Office or
U.S. Patent and Trademark Office, to
confirm that the applicant has a
registered copyright or a registered
trademark.
I. To Pay.gov, for payment processing
and payment reconciliation purposes.
J. To members of the public, through
IPRS, a portion of the intellectual
property rights information, such as the
name, address, and phone number of
the intellectual property right owner
and the owner’s representative; and a
description of the recorded trademark,
trade name, or copyright. The
intellectual property right owner
consents to disclosing this portion of
information in IPRS upon application
for recordation, and the public
information in IPRS does not include
trade secrets, business proprietary
information, or information about
enforcement.
K. 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.
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Authorized CBP officials may retrieve
information in IPRiS by the data
elements supplied by the applicant. The
public may search the non-confidential
records in IPRS by keyword and
Boolean operators, and may limit the
search by title, product, description,
owner, contact name, firm name,
recordation number, or agency
registration number; the public may also
filter the search by trademarks,
copyrights, trade names, exclusion
orders, or whether the recordation has
expired.
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:
CBP will retain expired recordations,
which have not been renewed, for seven
years after the date of expiration. NARA
guidelines for retention and archiving of
data will apply to IPRR, IPRS, and
IPRiS; CBP is in negotiation with NARA
for approval of the IPRRSS data
retention and archiving plan.
Payment information is not stored in
IPRR, IPRiS or IPRS, but is forwarded to
Pay.gov and stored in CBP’s financial
processing system, CDCDS, pursuant to
the DHS/CBP–003, CDCDS system of
records notice.
SYSTEM MANAGER AND ADDRESS:
Director, Office of Automated
Systems, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue
NW., Washington, DC 20229.
NOTIFICATION PROCEDURE:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
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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
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The Secretary of Homeland Security
has exempted portions of this system of
records from the notification, access,
and amendment procedures of the
Privacy Act because the records may be
used for law enforcement purposes. No
exemption shall be asserted with respect
to information maintained in the
systems as it relates to data submitted
by or on behalf of the owner of the
trademark, trade name, or copyright,
except with respect to information about
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individuals who are alleged to have
infringed on the trademark, trade name,
or copyright. DHS/CBP 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 CBP
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:
• Explain 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; and
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records.
If your request seeks records
pertaining to another living individual,
you must also include a statement from
that individual certifying his/her
agreement for you to access his/her
records. Without the information
specified above, 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.
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CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records are obtained primarily from
the individual submitting the
application for recordation of the
trademark, trade name, or copyright. If
the applicant provides a registered
trademark number, the USPTO Web site
will provide automatically
supplemental information concerning
the trademark, the USPTO registration
number, the international class of goods
covered by the registration and the
specific products entitled to protection,
the date the owner filed the registration
application, and the date it issued the
trademark registration. If the applicant
provides a registered copyright, the U.S.
Copyright Office Web site will provide
automatically the title of the
copyrighted work, the U.S. Copyright
Office registration number, the date it
issued the copyright registration, and
the name of the copyright owner.
srobinson on DSK4SPTVN1PROD with
EXEMPTIONS CLAIMED FOR THE SYSTEM:
CBP will not assert any exemptions
with respect to information in the
systems submitted by the intellectual
property right owner or the owner’s
representative, except with respect to
information about individuals who are
alleged to have infringed on the
trademark, trade name, or copyright.
Information in the system pertaining to
persons alleged to have infringed on an
intellectual property right may be
shared with national security, law
enforcement, or intelligence agencies
pursuant to the above routine uses. The
Privacy Act requires DHS to maintain an
accounting of the disclosures made
pursuant to all routines uses. Disclosing
the fact that national security, law
enforcement or intelligence agencies
have sought particular records may
affect ongoing national security, law
enforcement, or intelligence activity. As
such, pursuant to 5 U.S.C. 552a(j)(2),
DHS will claim exemption from
subsections (c)(3), (e)(8), and (g) of the
Privacy Act of 1974, as amended, as
necessary and appropriate to protect
this information. In addition, because
the system may contain information or
records about the unauthorized use of
intellectual property rights and
disclosure of that information could
impede law enforcement investigations,
DHS will claim, pursuant to 5 U.S.C.
552a(k)(2), exemption from subsections
(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f) of the Privacy Act of
1974, as necessary and appropriate to
protect this information.
VerDate Mar<15>2010
17:00 Jan 14, 2013
Jkt 229001
Dated: December 12, 2012.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2013–00603 Filed 1–14–13; 8:45 am]
BILLING CODE 9110–06–P
3019
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
general questions please contact:
Christopher Lee, STPrivacy@hq.dhs.gov,
the Science & Technology Directorate’s
Privacy Office, Mail Stop: 0205,
Department of Homeland Security, 245
Murray Lane SW., Washington, DC
20528. For privacy issues, please
contact: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2012–0025]
Privacy Act of 1974; Science &
Technology Directorate–001 Research,
Development, Test, and Evaluation
Records 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 update
and reissue a current Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/Science and Technology
Directorate–001 Research, Development,
Test, and Evaluation System of
Records.’’ This system of records allows
the Department of Homeland Security/
Science and Technology Directorate to
collect and maintain records collected
in support of, or during the conduct of,
Science & Technology-funded research,
development, test, and evaluation
activities. As a result of the biennial
review of this system, routine uses have
been updated. Additionally, this notice
includes non-substantive changes to
simplify the formatting and text of the
previously published notice. This
updated system will be included in the
Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
February 14, 2013. This updated system
will be effective February 14, 2013.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2012–0025 by one of the following
methods:
• Federal e-Rulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
Instructions: All submissions received
must include the agency name and
docket number for this rulemaking. All
comments received will be posted
without change and may be read at
SUMMARY:
PO 00000
Frm 00081
Fmt 4703
Sfmt 4703
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) Science and
Technology Directorate (S&T) proposes
to update and reissue a current DHS
system of records titled, ‘‘DHS/S&T–001
Research, Development, Test, and
Evaluation System of Records.’’
An integral part of the Department of
Homeland Security (DHS) Science &
Technology Directorate’s (S&T) mission
is to conduct research, development,
testing, and evaluation (RDT&E
activities) on topics and technologies
related to improving homeland security
and combating terrorism. Some RDT&E
activities involve the collection of
personally identifiable information.
This system of records notice covers
records collected in support of, or
during the conduct of, DHS/S&T-funded
RDT&E activities, when those records
are retrieved by personal identifier.
As a general rule, the information
collected will be used by DHS/S&T
solely for the purposes of supporting
RDT&E activities (e.g., testing and
evaluating a screening technology or
obtaining feedback on a technology from
volunteer participants). S&T will not
use the information collected for law
enforcement, intelligence, or any
purpose other than RDT&E. This system
of records notice only covers the
collection and use of information for the
purpose of RDT&E activities. In
situations when DHS/S&T-funded
RDT&E activities directly involve law
enforcement, intelligence personnel,
and/or other operational entities, a
separate SORN is required to address
any activities from which information
collected would be used in operations,
to support operational decisions, or any
purpose other than RDT&E activities.
An exception to the above general rule
limiting the use of collected information
E:\FR\FM\15JAN1.SGM
15JAN1
Agencies
[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 3015-3019]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00603]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2012-0034]
Privacy Act of 1974; U.S. Customs and Border Protection; DHS/CBP-
004-Intellectual Property Rights e-Recordation and Search Systems,
System of Records
AGENCY: Department of Homeland Security, Privacy Office.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security, U.S. Customs and Border Protection proposes to
establish a new system of records titled, ``U.S. Customs and Border
Protection, DHS/CBP-004-Intellectual Property Rights e-Recordation and
Search Systems System of Records.'' This system of records allows the
Department and CBP to collect and maintain records on copyrights,
trademarks, and trade names that the respective owners have applied to
have recorded with CBP. In addition, the Department is issuing a Notice
of Proposed Rulemaking elsewhere in the Federal Register to exempt this
system of records from certain provisions of the Privacy Act. This
newly established system will be included in the Department's inventory
of record systems.
DATES: Submit comments on or before February 14, 2013. This new system
will be effective February 14, 2013.
ADDRESSES: You may submit comments, identified by docket number DHS-
2012-034 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting 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, visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Laurence E. Castelli, 202-325-0280, CBP Privacy Officer, Office of
International Trade/Regulations and Rulings, U.S. Customs and Border
Protection, Mint Annex, 799 9th Street NW., Washington, DC 20229-1177.
For privacy issues, please contact: Jonathan R. Cantor, 202-343-1717,
Acting Chief Privacy Officer, Privacy Office, 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), U.S. Customs and Border
Protection (CBP) proposes to establish a new DHS system of records
titled, ``DHS/CBP-004-Intellectual Property Rights e-Recordation and
Search Systems System of Records.''
The Intellectual Property Rights e-Recordation and Search Systems
(IPRRSS) collect, use, and maintain records related to intellectual
property rights recordations and their owners. The purpose of IPRRSS is
to aid in the enforcement of intellectual property rights by making
intellectual property recordations available to the public and to CBP
officials.
IPRRSS collectively encompasses three separate systems. The first
system is the online Intellectual Property Rights e-Recordation (IPRR)
system, which allows intellectual property owners to submit
applications for trademark and copyright recordations. The IPRR system
shares information with the public Intellectual Property Rights Search
(IPRS) system and the CBP Intellectual Property Rights Internal Search
(IPRiS) system. Because CBP may collect personally identifiable
information (PII) about intellectual property rights holders, their
agents, or their licensees in IPRR, IPRS, and IPRiS (collectively
IPRRSS), CBP is providing the public notice about how CBP collects,
uses, and maintains records related to intellectual property rights
recordations.
The authority for this system derives from Section 42 of the Lanham
Act (Trademark Act of 1946), as amended, 15 U.S.C. 1124; Sections 101
and 602 through 603 of the Copyright Act of 1976, as amended, 17 U.S.C.
101, 602-603; and Sections 526, 595a, and 624 of the Tariff Act of
1930, as amended, 19 U.S.C. 1526, 1595a, and 1624. The cited sections
provide that intellectual property rights owners may submit information
to CBP to enable CBP officials to identify infringing articles at the
borders and prevent the importation of counterfeit or pirated
merchandise. Owners seeking to have merchandise excluded from entry
must provide proof to CBP of the validity of the intellectual property
rights they seek to protect.
Pursuant to the Independent Offices Appropriations Act of 1952, 31
U.S.C. 9701, and regulations at 19 CFR 133.3, 133.13, and 133.33,
intellectual property rights owners or their agents must pay a fee when
they apply for the recordation with CBP of their trademark, trade name,
or copyright. Through IPRR's web-based interface, the user will be
prompted through several steps that capture the user's required
application information. Once the applicant has entered all required
application information, IPRR will guide the applicant through a series
of prompts seeking his/her billing name, billing address, and credit
card information. IPRR forwards this payment information to Pay.gov for
payment processing, and the applicant name and an IPRR tracking number
to the DHS/CBP-003 Credit/Debit Card Data System (CDCDS) System of
Records for payment reconciliation. Pay.gov sends a nightly activity
file, including the last four digits of the credit card, authorization
number, billing name, billing address, IPRR
[[Page 3016]]
tracking number, and Pay.gov tracking numbers to CDCDS. Pay.gov also
sends a daily batch file with the necessary payment information to a
commercial bank for settlement processing. After processing, the
commercial bank sends a settlement file, including the full credit card
number, authorization number, card type, transaction date, amount, and
IPRR tracking number to CDCDS. Once IPRR receives confirmation from
Pay.gov that the payment has been processed successfully, IPRR will
retain the Pay.gov tracking number for payment reconciliation purposes
in accordance with the CDCDS system of records retention schedule.
When an applicant enters the registration number of a copyright or
trademark he or she would like to record with CBP, the IPRR system must
receive a positive match response from the U.S. Patent and Trademark
Office (USPTO) and U.S. Copyright Office Web sites in order for the
application to proceed. Only the registration number is shared with the
USPTO and U.S. Copyright Office Web sites. If the registration number
entered in IPRR does not match an entry in either of these Web sites,
the applicant cannot record their trademark or copyright with CBP. Once
a positive match response is received from these systems, certain
fields in the application are automatically populated with public data
taken directly from the U.S. Copyright Office or USPTO Web sites. All
of the information copied from the U.S. Copyright Office or U.S. Patent
and Trademark Office Web sites is publicly available at www.uspto.gov
and www.copyright.gov.
The public may search for trademark, trade name, and copyright
information in IPRS, the public facing portion of this system of
records. The IPRS database collects and retains only a portion of the
information entered by the right holder in IPRR, such as the name,
address, and phone number of the right holder or representative, along
with a text description of the recorded trademark or copyright. This
information allows retailers, consumers, and other businesses to
contact the right owner to ensure that they are not obtaining goods
that infringe on the owner's intellectual property rights.
CBP and U.S. Immigration and Customs Enforcement (ICE) officials
have access to IPRiS to assist in the enforcement of intellectual
property rights. IPRiS provides a central searchable database of all
trademark, trade name, and copyright recordation information. IPRiS
contains the same information as IPRS, but with additional fields
containing confidential information submitted by the right holder,
including the names of entities who have used the trademark or
copyright, the country of manufacture of merchandise, images of the
recorded trademark or copyright, lists of licensees, and any additional
information relating to enforcement of the intellectual property right.
Only CBP and ICE officials may search IPRiS.
Only a few users within CBP have access to an administrative
interface to process IPRR recordations. Those authorized CBP users with
administrative access process the renewals of existing trademark and
copyright recordations, trade name recordations, and information about
ownership changes or cancellations.
Consistent with DHS' information-sharing mission, information
stored in the DHS/CBP-004-Intellectual Property Rights e-Recordation
and Intellectual Property Rights Search Systems may be shared with
other DHS components with a need to know the information. In addition
these records may be shared with appropriate federal, state, local,
tribal, territorial, foreign, or international government agencies so
long as the recipient has a need to know the information to carry out
functions consistent with the routine uses set forth in this system of
records notice (SORN).
In addition, DHS is issuing a Notice of Proposed Rulemaking
elsewhere in the Federal Register to exempt certain portions of this
system of records from specific provisions of the Privacy Act. DHS is
not exempting any data in IPRRSS regarding an individual's application
for recordation of his or her trademark, trade name, or copyright. This
system of records may contain records or information pertaining to the
accounting of disclosures made from IPRRSS to other national security,
law enforcement, or intelligence agencies (federal, state, local,
foreign, international or tribal) in accordance with the published
routine uses or statutory basis for disclosure under 5 U.S.C. 552a(b).
For the accounting of these disclosures only, in accordance with 5
U.S.C. 552a(j)(2), DHS will claim exemptions for these records or
information. In addition, the system may contain records or information
pertaining to individuals who may have used an intellectual property
right without the owner's authorization. For information or records
pertaining to the unauthorized use of intellectual property rights, in
accordance with 5 U.S.C. 552a(k)(2), DHS will claim exemptions for
these records or information.
This newly established system of records will be included in DHS's
inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the federal government
collects, maintains, uses, and disseminates personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of an individual or by some identifying number,
symbol, or other identifying particular assigned to the individual. In
the Privacy Act, an individual is defined to encompass U.S. citizens
and lawful permanent residents. As a matter of policy, DHS extends
administrative Privacy Act protections to all persons, regardless of
citizenship, where systems of records maintain information on U.S.
citizens, lawful permanent residents, and visitors.
Below is the description of the DHS/CBP-004-Intellectual Property
Rights e-Recordation and Search Systems, 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/CBP-004
System name:
U.S. Customs and Border Protection, Intellectual Property Rights e-
Recordation and Search Systems (IPRRSS).
Security classification:
Unclassified, sensitive.
System location:
Records are maintained at the U.S. Customs and Border Protection
Headquarters in Washington, DC and field offices.
Categories of individuals covered by the system:
The individuals included in the system include the owners of the
trademark, trade name, or copyright; former owners of the trademark,
trade name, or copyright; agents or representatives applying on behalf
of the intellectual property right owners; contact persons; individuals
authorized to use the trademark, trade name, or copyright; and other
individuals who
[[Page 3017]]
are alleged to have infringed on the trademark, trade name, or
copyright. For trade names, the system may include individuals who are
not associated with or related to the trade name applicant, but who
have actual knowledge and state that the applicant used the trade name,
that the applicant is the only one who may use the trade name, and that
the trade name is not identical or confusingly similar to another
trademark or trade name used in connection with the same class or kind
of merchandise. See 19 CFR 133.13. For copyrights, the names of the
performers in the copyrighted work may be included. The photographs may
include an individual modeling the trademark or copyrighted work, or an
individual depicted in the copyrighted work.
Categories of records in the system:
The categories of records in the system include, but are not
limited to:
Full name (first, middle, and last).
Address (country, city, state and zip code).
Telephone number.
Fax number.
Email address.
Citizenship.
Relationship to trademark, copyright, or trade name owner.
USPTO or U.S. Copyright Office registration number.
Description of registered trademark or registered
copyright.
Date of issuance of trademark or copyright registration.
Country of manufacture of goods bearing the genuine
trademark, or genuine copies or phonorecords of the protected work.
Names of all parties authorized to use the trademark,
trade name, or copyright, and the nature of the relationship to the
owner.
Names of any parties, foreign or domestic, who use or
claim the trademark, trade name, or copyright, and a description of
those uses or claims.
Filing date of trademark registration.
If the trademark being registered is a standard character
mark.
Date of expiration of the USPTO registration.
Supplemental information concerning the trademark (e.g.,
type of mark or design code category).
International class of goods covered by the USPTO
registration and the specific products entitled to protection.
Title of copyrighted work.
Foreign title of the copyrighted work.
IPRR tracking number.
Pay.gov payment tracking number.
Up to five digital images of the protected mark or
copyrighted work.
Authority for maintenance of the system:
The authority for this system derives from section 42 of the Lanham
Act (Trademark Act of 1946), as amended, 15 U.S.C. 1124; sections 101
and 602 through 603 of the Copyright Act of 1976, as amended, 17 U.S.C.
101, 602-603; and sections 526, 595a, and 624 of the Tariff Act of
1930, as amended, 19 U.S.C. 1526, 1595a, and 1624; the Independent
Offices Appropriations Act, 1952, 31 U.S.C. 9701; and regulations at 19
CFR 133.3, 133.13, and 133.33.
Purpose(s):
The purpose of this system is to collect and maintain information
on valid trademarks, trade names, and copyrights, to enable CBP
officials to identify at the border merchandise that infringes on
registered trademarks, registered copyrights, or trade names. IPRRSS
collection encompasses three separate systems. The Intellectual
Property Rights e-Recordation (IPRR) system allows intellectual
property owners to submit applications for trademark and copyright
recordations. The IPRR system shares information with two other CBP
intellectual property search systems: The public Intellectual Property
Rights Search (IPRS) system, and the Intellectual Property Rights
Internal Search (IPRiS) system. IPRS provides a web-based search engine
for the public to research trademark, trade name, and copyright
recordations. IPRiS is used to assist CBP and Immigration and Customs
Enforcement (ICE) in enforcing copyrights, trademarks, and trade names.
The Pay.gov tracking number (associated with the payment
information provided to Pay.gov and stored in DHS/CBP-003 Credit/Debit
Card Data System (CDCDS)) will be used to process application fees and
to reconcile issues regarding payment between CDCDS and Pay.gov.
Payment information, such as credit card numbers or account
information, will not be used for determining recordation in IPRS or
IPRiS, and is stored in a separate system (CDCDS) from the IPRR
application data.
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 U.S. Attorney
Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is necessary or relevant 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.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made pursuant to
a written Privacy Act waiver at the request of the individual to whom
the record pertains.
C. To the National Archives and Records Administration (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization 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. DHS 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
[[Page 3018]]
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 appropriate federal, state, tribal, local, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, or
license, where CBP believes the information would assist enforcement of
applicable civil or criminal laws.
H. To the U.S. Copyright Office or U.S. Patent and Trademark
Office, to confirm that the applicant has a registered copyright or a
registered trademark.
I. To Pay.gov, for payment processing and payment reconciliation
purposes.
J. To members of the public, through IPRS, a portion of the
intellectual property rights information, such as the name, address,
and phone number of the intellectual property right owner and the
owner's representative; and a description of the recorded trademark,
trade name, or copyright. The intellectual property right owner
consents to disclosing this portion of information in IPRS upon
application for recordation, and the public information in IPRS does
not include trade secrets, business proprietary information, or
information about enforcement.
K. 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:
Authorized CBP officials may retrieve information in IPRiS by the
data elements supplied by the applicant. The public may search the non-
confidential records in IPRS by keyword and Boolean operators, and may
limit the search by title, product, description, owner, contact name,
firm name, recordation number, or agency registration number; the
public may also filter the search by trademarks, copyrights, trade
names, exclusion orders, or whether the recordation has expired.
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:
CBP will retain expired recordations, which have not been renewed,
for seven years after the date of expiration. NARA guidelines for
retention and archiving of data will apply to IPRR, IPRS, and IPRiS;
CBP is in negotiation with NARA for approval of the IPRRSS data
retention and archiving plan.
Payment information is not stored in IPRR, IPRiS or IPRS, but is
forwarded to Pay.gov and stored in CBP's financial processing system,
CDCDS, pursuant to the DHS/CBP-003, CDCDS system of records notice.
System Manager and address:
Director, Office of Automated Systems, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229.
Notification procedure:
The Secretary of Homeland Security has exempted portions of this
system of records from the notification, access, and amendment
procedures of the Privacy Act because the records may be used for law
enforcement purposes. No exemption shall be asserted with respect to
information maintained in the systems as it relates to data submitted
by or on behalf of the owner of the trademark, trade name, or
copyright, except with respect to information about individuals who are
alleged to have infringed on the trademark, trade name, or copyright.
DHS/CBP 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
CBP 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:
Explain 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; and
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records.
If your request seeks records pertaining to another living
individual, you must also include a statement from that individual
certifying his/her agreement for you to access his/her records. Without
the information specified above, 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.
[[Page 3019]]
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained primarily from the individual submitting the
application for recordation of the trademark, trade name, or copyright.
If the applicant provides a registered trademark number, the USPTO Web
site will provide automatically supplemental information concerning the
trademark, the USPTO registration number, the international class of
goods covered by the registration and the specific products entitled to
protection, the date the owner filed the registration application, and
the date it issued the trademark registration. If the applicant
provides a registered copyright, the U.S. Copyright Office Web site
will provide automatically the title of the copyrighted work, the U.S.
Copyright Office registration number, the date it issued the copyright
registration, and the name of the copyright owner.
Exemptions claimed for the system:
CBP will not assert any exemptions with respect to information in
the systems submitted by the intellectual property right owner or the
owner's representative, except with respect to information about
individuals who are alleged to have infringed on the trademark, trade
name, or copyright. Information in the system pertaining to persons
alleged to have infringed on an intellectual property right may be
shared with national security, law enforcement, or intelligence
agencies pursuant to the above routine uses. The Privacy Act requires
DHS to maintain an accounting of the disclosures made pursuant to all
routines uses. Disclosing the fact that national security, law
enforcement or intelligence agencies have sought particular records may
affect ongoing national security, law enforcement, or intelligence
activity. As such, pursuant to 5 U.S.C. 552a(j)(2), DHS will claim
exemption from subsections (c)(3), (e)(8), and (g) of the Privacy Act
of 1974, as amended, as necessary and appropriate to protect this
information. In addition, because the system may contain information or
records about the unauthorized use of intellectual property rights and
disclosure of that information could impede law enforcement
investigations, DHS will claim, pursuant to 5 U.S.C. 552a(k)(2),
exemption from subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), and (f) of the Privacy Act of 1974, as necessary and
appropriate to protect this information.
Dated: December 12, 2012.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-00603 Filed 1-14-13; 8:45 am]
BILLING CODE 9110-06-P