Privacy Act of 1974; Department of Homeland Security/U.S. Immigration and Customs Enforcement-013 Alien Health Records System of Records, 239-244 [2014-30854]
Download as PDF
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Notices
branch agencies, Federal judicial and
legislative branch entities, State, local,
international, and other governmental
agencies, private entities for Known
Traveler program participants, and the
individuals to whom the records in the
system pertain.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemption will be asserted with
respect to identifying information, or
flight information, obtained from
passengers, non-travelers, and aircraft
owners or operators.
This system, however, may contain
records or information recompiled or
created from information contained in
other systems of records, which are
exempt from certain provisions of the
Privacy Act. For these records of
information only, in accordance with 5
U.S.C. 552a(j)(2) and (k)(2), TSA claims
the following exemptions for these
records or information from subsections
(c)(3) and (4); (d)(1), (2), (3), and (4);
(e)(1), (2), (3), (4)(G) through (I), (5), and
(8); (f); and (g) of the Privacy Act of
1974, as amended, as necessary and
appropriate to protect such information.
Certain portions or all of these records
may be exempt from disclosure
pursuant to these exemptions.
Dated: December 10, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–30856 Filed 1–2–15; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2014–0065]
Privacy Act of 1974; Department of
Homeland Security/U.S. Immigration
and Customs Enforcement—013 Alien
Health Records System of Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of Privacy Act System of
Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to update
and rename a Department of Homeland
Security/U.S. Immigration and Customs
Enforcement system of records notice
now titled, ‘‘Department of Homeland
Security/U.S. Immigration and Customs
Enforcement—013 Alien Health Records
System of Records.’’ This system
maintains records that document the
health screening, examination, and
treatment of aliens arrested by the
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:33 Jan 02, 2015
Jkt 235001
Department of Homeland Security and
detained by U.S. Immigration and
Customs Enforcement for civil
immigration purposes in facilities where
care is provided by the ICE Health
Service Corps. With the publication of
this updated system of records, several
changes are being made: (1) New
categories of records have been added;
(2) new routine uses have been added to
allow the Department of Homeland
Security to share information from the
system; and (3) additional information
has been added to clarify the process
regarding notification of and access to
records. This updated system will be
included in the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
February 4, 2015. This updated system
will be effective February 4, 2015.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2014–0065 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: Karen L. Neuman, 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 notice. 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, please visit https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact Lyn
Rahilly (202–732–3300), Privacy Officer,
U.S. Immigration and Customs
Enforcement. For privacy questions,
please contact Karen L. Neuman (202–
343–1717), 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)/U.S.
Immigration and Customs Enforcement
(ICE) proposes to update and rename a
current DHS system of records titled,
‘‘DHS/ICE–013 Alien Health Records
System of Records.’’
DHS is updating and renaming the
DHS/ICE–013 Alien Health Records
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
239
System of Records to add new categories
of records and routine uses, to provide
additional information regarding the
retention of records about minors, and
to clarify the process regarding
individual notification of and access to
records. This system of records was
previously titled DHS/ICE–013 Alien
Medical Records System of Records.
This system of records is maintained by
the ICE Health Service Corps (IHSC), a
division within ICE’s Enforcement and
Removal Operations (ERO) office. (Note:
IHSC was previously named the
Division of Immigration Health Services
(DIHS).) This system of records
maintains medical, mental health, and
dental records that document the
medical screening, examination,
diagnosis, and treatment of aliens whom
ICE detains for civil immigration
purposes in facilities where medical
care is provided by IHSC. It also
maintains information about prisoners
of the U.S. Marshals Service (USMS)
who are housed in a detention facility
operated by or on behalf of ICE pursuant
to an agreement between the USMS and
ICE, and where medical care is provided
by IHSC. IHSC provides necessary and
appropriate medical, mental health, and
dental care to ICE detainees. IHSC
medical staff may also procure
consultation, diagnostic, treatment, or
procedural services IHSC deems
necessary and appropriate from external
health care providers in facilities
outside of IHSC. Medical information is
typically shared with other health care
providers to ensure a detainee’s
continuity of care. For individuals with
infectious diseases of public health
significance, their information may be
shared with public health officials in
order to prevent exposure to or
transmission of the disease.
New categories of records have been
added to the DHS/ICE–013 Alien Health
Records System of Records to provide a
more complete list of the types of
records in the system. These include:
payment authorizations for care
provided to detainees by external
healthcare providers and healthcare
facilities; evaluation records, including
records related to mental health
evaluations; records related to medical
grievances filed by detainees; and
detainees’ medical or healthcare records
received from external healthcare
providers. Additionally, new routine
uses have been added to allow ICE to
share information from the system of
records. Below is a summary of the new
routine uses and their corresponding
letter:
U. To courts, magistrates,
administrative tribunals, opposing
counsel, parties, and witnesses, in the
E:\FR\FM\05JAN1.SGM
05JAN1
mstockstill on DSK4VPTVN1PROD with NOTICES
240
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Notices
course of immigration, civil, or criminal
proceedings (including discovery,
presentation of evidence, and settlement
negotiations) and when DHS determines
that use of such records is relevant and
necessary to the litigation before a court
or adjudicative body;
V. To an attorney or representative (as
defined in 8 CFR 1.2, 292.1, 1001.1(f) or
1292.1) who is acting on behalf of an
individual covered by this system of
records in connection with any
proceeding before United States
Citizenship and Immigration Services
(USCIS), ICE, or U.S. Customs and
Border Protection (CBP), or the
Department of Justice’s Executive Office
for Immigration Review;
W. To international, foreign,
intergovernmental, and multinational
government agencies, authorities, and
organizations in accordance with law
and formal or informal international
arrangements;
X. To a coroner for purposes of
identifying a deceased individual
(whether or not such individual is
deceased as a result of a crime),
performance of an autopsy, or
identifying cause of death;
Y. To the Department of Health and
Human Services (HHS), the Centers for
Disease Control and Prevention (CDC),
or to any state or local health
authorities, to ensure that all health
issues potentially affecting public health
and safety in the United States are
adequately addressed;
Z. To a former employee of DHS for
purposes of responding to an official
inquiry or facilitating communications
with a former employee that may be
relevant for personnel-related or other
official purposes;
AA. To the Department of State when
it seeks information to consider or
provide an informed response to a
foreign government inquiring about an
alien or an enforcement operation with
transnational implications;
BB. To federal, state, local, tribal,
territorial, or foreign government
agencies or entities or multinational
government agencies when DHS desires
to exchange relevant data for the
purpose of developing, testing, or
implementing new software or
technology related to this system of
records;
CC. To federal, state, local, tribal,
territorial, or foreign government
agencies, medical personnel, or other
individuals when DHS desires to use
de-identified data for training or other
similar purposes; and
DD. To medical and mental health
professionals for the purpose of
assessing an individual’s mental
competency before the Department of
VerDate Sep<11>2014
16:33 Jan 02, 2015
Jkt 235001
Justice’s Executive Office for
Immigration Review.
Additionally, the section describing
the retention of records has been
updated to include the retention period
for records about minors. Medical
records about a minor will be retained
until the minor has reached the age of
27 years in order to comply with state
laws regarding the retention of medical
records related to minors. The records
will then be destroyed.
Information has also been added to
clarify the process regarding notification
of and access to records. In addition to
submitting a request for records under
the Freedom of Information Act (FOIA),
individuals currently detained in IHSCstaffed facilities may request access to
their records by submitting a written
request to a staff member in the facility’s
health care unit. Individuals may
submit the request using a DHS Form
G–639, Freedom of Information/Privacy
Act Request or by otherwise requesting
a copy of their medical records in
writing. Although outside the scope of
this SORN, there is no set procedure for
how detainees access their medical
records in a facility where IHSC does
not provide care. Each facility has its
own process and individuals seeking
copies of their records should contact
the chief administrative officer of the
facility for guidance.
Finally, it is important to note that
ICE IHSC is not subject to the provisions
of the Health Insurance Portability and
Accountability Act of 1996 (HIPAA)
regulation, ‘‘Standards for Privacy of
Individually Identifiable Health
Information’’ (Privacy Rule), 45 CFR
parts 160 and 164. ICE IHSC does not
meet the statutory definition of a
covered plan under HIPAA, 42 U.S.C.
1320d(5), and is specifically excluded
from the application of HIPAA as a
‘‘government funded program whose
principal activity is the direct provision
of healthcare to persons,’’ 45 CFR
160.103 (definition of a health plan).
Because ICE IHSC is not a covered
entity, the restrictions proscribed by the
HIPAA Privacy Rule are not applicable.
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
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
identifying particular assigned to the
individual. In the Privacy Act, an
individual is defined to encompass
United States citizens and lawful
permanent residents. As a matter of
policy, DHS extends administrative
Privacy Act protections to all
individuals where systems of records
maintain information on U.S. citizens,
lawful permanent residents, and
visitors. Individuals may request access
to their own records that are maintained
in a system of records in the possession
or under the control of DHS by
complying with DHS Privacy Act
regulations, 6 CFR part 5.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, and the routine
uses that are contained in each system
in order to make agency record keeping
practices transparent, to notify
individuals regarding the uses to which
their records are put, and to assist
individuals to more easily find such
files within the agency. Below is the
description of the DHS/ICE—013 Alien
Health Records 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
Department of Homeland Security
(DHS)/U.S. Immigration and Customs
Enforcement (ICE)—013
SYSTEM NAME:
Alien Health Records System
SECURITY CLASSIFICATION:
Unclassified and for official use only.
SYSTEM LOCATION:
Records are maintained in the ICE
electronic health records (eHR) system
and at detention facilities where care is
provided by the Enforcement and
Removal Operations ICE Health Service
Corps (IHSC). IHSC provides care to
aliens in all Service Processing Centers,
which are ICE-operated facilities; at
most contract detention facilities, which
are owned and operated by a private
company with which ICE contracts for
detention services; and in some
Intergovernmental Service Agreement
(IGSA) facilities. IGSAs are facilities
operated by a city, county, or state
government and ICE contracts with
them for detention services, leases bed
space, or both from them. Records are
also maintained at ICE Headquarters in
Washington, DC, and at ICE field offices.
E:\FR\FM\05JAN1.SGM
05JAN1
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Notices
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Two categories of individuals are
covered by this system. The first
category is aliens detained by ICE for
civil immigration purposes. These
aliens have been booked into a
detention facility where medical care is
provided by IHSC. The second category
is prisoners in the custody of the U.S.
Marshals Service (USMS) who are being
detained in facilities operated by or on
behalf of ICE pursuant to an agreement
between the USMS and ICE and who
also receive medical care from IHSC.
Hereafter, the term ‘‘in ICE custody’’
will be used to refer to both the aliens
detained by ICE who receive medical
care from IHSC and the USMS prisoners
being housed in IHSC-staffed detention
facilities.
mstockstill on DSK4VPTVN1PROD with NOTICES
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
• Individual’s name and aliases;
• Date of birth;
• Alien Registration Number (ANumber);
• USMS or Federal Bureau of Prisons
Registration Number (if applicable);
• Phone numbers;
• Email addresses;
• Addresses;
• Country of Origin and Country of
Citizenship;
• Nationality;
• Gender/Sex;
• Languages spoken;
• Medical history (self and family to
establish medical history);
• Current medical conditions and
diagnoses;
• Symptoms reported, including
dates;
• Medical examination records and
medical notes;
• Medical and mental health records
and treatment plans;
• Dental history and records,
including x-rays, treatment, and
procedure records;
• Diagnostic data, such as tests
ordered and test results;
• Problem list which contains the
diagnoses and medical symptoms or
problems as determined by a medical
practitioner or reported by the person;
• Records concerning the diagnosis
and treatment of diseases or conditions
that present a public health threat,
including information about exposure of
other individuals and reports to public
health authorities;
• Correspondence related to an
individual’s medical, dental, and mental
health care;
• External healthcare provider
records (emergency room,
VerDate Sep<11>2014
16:33 Jan 02, 2015
Jkt 235001
hospitalizations, specialized care,
records of previous medical care or
testing) including medical or healthcare
records received from other correctional
systems or ICE detention facilities not
staffed by IHSC;
• Payment authorizations for care
provided by external healthcare
providers and healthcare facilities;
• Evaluation records, including
records related to mental competency
evaluations;
• Prescription and over-the-counter
drug records;
• Records related to medical
grievances filed by individuals in ICE
custody;
• Information about medical devices
used by individuals such as hearing aids
and pacemakers;
• Information about special needs
and accommodations for an individual
with disabilities, such as requiring a
cane, wheelchair, special shoes, or
needing to sleep on a bottom bunk;
• Physician or other medical/dental
provider’s name and credentials such as
medical doctor, registered nurse, and
Doctor of Dental Science;
• Refusal forms;
• Informed consent forms; and
• Legal documents, such as death
certificates, do-not-resuscitate orders, or
advance directives (e.g., living wills).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C.
1103, 1222 and 1231; 42 U.S.C. 249.
PURPOSE(S):
The purpose of this system is to
document and facilitate the provision of
medical, dental, and mental health care
to individuals in ICE custody in
facilities where care is provided by
IHSC. The system also supports the
collection, maintenance, and sharing of
medical information for these
individuals in the interest of public
health especially in the event of a public
health emergency, such as an epidemic
or pandemic.
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,
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
241
when it is relevant or 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 or former employee
of DHS in his/her official capacity;
3. Any employee or former 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 in
response to an inquiry made 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 identity
theft or fraud, harm to economic or
property interests, harm to an
individual, or harm to the security or
integrity of this system or other systems
or programs (whether maintained by
DHS or another agency or entity) that
rely upon the compromised
information; and
3. The disclosure made to such
agencies, entities, and persons is
reasonably necessary to assist in
connection with DHS’ 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. Where a record, either on its face
or in conjunction with other
information, indicates a violation or
E:\FR\FM\05JAN1.SGM
05JAN1
mstockstill on DSK4VPTVN1PROD with NOTICES
242
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Notices
potential violation of law, rule,
regulation, or order, which includes
criminal, civil, or regulatory violations,
and such disclosure is proper and
consistent with the official duties of the
person making the disclosure, a
disclosure may be made to the
appropriate federal, state, local, tribal,
territorial, international, or foreign law
enforcement agencies or other
appropriate authorities charged with
investigating or prosecuting a violation
or enforcing or implementing such law,
rule, regulation, or order.
H. To hospitals, physicians, medical
laboratories and testing facilities, and
other medical service providers, for the
purpose of diagnosing and treating
medical conditions or arranging the care
of individuals in ICE custody and of
individuals released or about to be
released from ICE custody including,
but not limited to, released under an
order of supervision, on their own
recognizance, on bond, on parole, or in
an alternative to detention program.
I. To prospective claimants and their
attorneys for the purpose of negotiating
the settlement of an actual or
prospective claim against DHS or its
current or former employees, in advance
of the initiation of formal litigation or
proceedings.
J. To immediate family members and
attorneys or other agents acting on
behalf of an alien to assist those
individuals in determining the current
medical condition of an alien in ICE
custody provided they can present
adequate verification of a familial or
agency relationship with the alien.
K. To federal, state, local, tribal,
territorial, or foreign governmental
agencies; multilateral governmental
organizations; or other public health
entities, for the purposes of protecting
the vital interests of a record subject or
other persons, including to assist such
agencies or organizations during an
epidemiological investigation, in
facilitating continuity of care,
preventing exposure to or transmission
of a communicable or quarantinable
disease of public health significance, or
to combat other significant public health
threats.
L. To hospitals, physicians, and other
healthcare providers for the purpose of
protecting the health and safety of
individuals who may have been
exposed to a contagion or biohazard, or
to assist such persons or organizations
in preventing exposure to or
transmission of a communicable or
quarantinable disease or to combat other
significant public health threats.
M. To individuals for the purpose of
determining if they have had contact in
a custodial setting with a person known
VerDate Sep<11>2014
16:33 Jan 02, 2015
Jkt 235001
or suspected to have a communicable or
quarantinable disease and to identify
and protect the health and safety of
others who may have been exposed.
N. To the U.S. Marshals Service
(USMS) concerning USMS prisoners
that are or will be held in detention
facilities operated by or on behalf of
ICE, and to federal, state, local, tribal, or
territorial law enforcement or
correctional agencies concerning an
individual in ICE custody that is to be
transferred to such agency’s custody, in
order to coordinate the transportation,
custody, and care of these individuals.
O. To third parties to facilitate
placement, or release of an individual
(e.g., at a group home, homeless shelter,
with a family member, etc.) who has
been released from DHS custody or
whose case is being considered or
prepared for release from DHS custody,
but only such information that is
relevant and necessary to arrange
housing, continuing medical care, or
other social services for the individual.
P. To a domestic government agency
or other appropriate healthcare
authority for the purpose of providing
information about an individual who
has been released from DHS custody or
whose case is being considered or
prepared for release from DHS custody
who, due to a condition such as mental
illness, may pose a health or safety risk
to himself/herself or to the community.
DHS will only disclose health
information about the individual that is
relevant to the health or safety risk they
may pose or the means to mitigate that
risk (e.g., the alien’s need to remain on
certain medication for a serious mental
health condition).
Q. To foreign governments for the
purpose of coordinating and conducting
the removal or return of aliens from the
United States to other nations when
disclosure of information about the
alien’s health is necessary or advisable
to safeguard the public health, to
facilitate transportation of the alien, to
obtain travel documents for the alien, to
ensure continuity of medical care for the
alien, or is otherwise required by
international agreement or law.
Disclosure of medical information may
occur after the alien’s removal when it
is necessary or advisable to assist the
foreign government with the alien’s
ongoing medical care.
R. To the Federal Bureau of Prisons
and other government agencies for the
purpose of providing health information
about an alien when custody of the alien
is being transferred from DHS to the
other agency. This will include the
transfer of information about
unaccompanied minor children to the
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
U.S. Department of Health and Human
Services.
S. To state, local, tribal or territorial
agencies or other appropriate authority
for the purpose of reporting vital
statistics (e.g., births, deaths).
T. To a public or professional
licensing organization when such
information indicates, either by itself or
in combination with other information,
a violation or potential violation of
professional standards, or reflects on the
moral, educational, or professional
qualifications of a healthcare provider
who is licensed or is seeking to become
licensed.
U. To courts, magistrates,
administrative tribunals, opposing
counsel, parties, and witnesses, in the
course of immigration, civil, or criminal
proceedings (including discovery,
presentation of evidence, and settlement
negotiations) and when DHS determines
that use of such records is relevant and
necessary to the litigation before a court
or adjudicative body when any of the
following is a party to or have an
interest in the 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 the
government has agreed to represent the
employee; or
4. The United States, where DHS
determines that litigation is likely to
affect DHS or any of its components.
V. To an attorney or representative (as
defined in 8 CFR 1.2, 292.1, 1001.1(f),
or 1292.1) who is acting on behalf of an
individual covered by this system of
records in connection with any
proceeding before USCIS, ICE, or CBP or
the Department of Justice’s Executive
Office for Immigration Review.
W. To international, foreign,
intergovernmental, and multinational
government agencies, authorities, and
organizations in accordance with law
and formal or informal international
arrangements.
X. To a coroner for purposes of
identifying a deceased individual
(whether or not such individual is
deceased as a result of a crime)
performance of an autopsy, or
identifying cause of death.
Y. Consistent with the requirements
of the Immigration and Nationality Act,
to the Department of Health and Human
Services (HHS), the Centers for Disease
Control and Prevention (CDC), or to any
state or local health authorities, to
ensure that all health issues potentially
affecting public health and safety in the
United States are being or have been,
adequately addressed.
E:\FR\FM\05JAN1.SGM
05JAN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Notices
Z. To a former employee of DHS for
purposes of responding to an official
inquiry by federal, state, local, tribal, or
territorial government agencies or
professional licensing authorities; or
facilitating communications with a
former employee that may be relevant
and necessary for personnel-related or
other official purposes when DHS
requires information or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
AA. To the Department of State when
it seeks information to consider or
provide an informed response to a
request for information from a foreign,
international, or intergovernmental
agency, authority, or organization about
an alien or an enforcement operation
with transnational implications.
BB. To federal, state, local, tribal,
territorial, or foreign government
agencies or entities or multinational
government agencies when DHS desires
to exchange relevant data for the
purpose of developing, testing, or
implementing new software or
technology whose purpose is related to
this system of records.
CC. To federal, state, local, tribal,
territorial, or foreign government
agencies, medical personnel, or other
individuals when DHS desires to use
de-identified data for illustrative or
informative purposes in training, in
presentations, or for other similar
purposes.
DD. To medical and mental health
professionals for the purpose of
assessing an individual’s mental
competency before the Department of
Justice’s Executive Office for
Immigration Review.
EE. To the news media and the
public, with the approval of the Chief
Privacy Officer in consultation with
counsel, when there exists a legitimate
public interest in the disclosure of the
information or when disclosure is
necessary to preserve confidence in the
integrity of DHS or is necessary to
demonstrate the accountability of DHS’s
officers, employees, or individuals
covered by the system, except to the
extent it is determined that release of
the specific information in the context
of a particular case would constitute an
unwarranted invasion of personal
privacy.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records in this system are stored
electronically or on paper in secure
facilities behind a locked door.
Electronic records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
Records may be retrieved by name,
Alien Registration Number (A-Number),
Subject ID, or USMS/Federal Bureau of
Prisons Registration Number.
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 systems 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:
ICE is in the process of developing a
records retention schedule for the
various records associated with the
records described in this notice. ICE
anticipates that:
(1) Medical records for an adult will
be retained for ten (10) years after an
individual has been released from ICE
custody and then shall be destroyed;
(2) annual data on detainees who have
died in ICE custody that has been
transferred to the Bureau of Justice
Statistics (BJS) and annual reports
regarding infectious diseases will be
retained for ten (10) years and then
destroyed;
(3) various statistical reports will be
retained permanently by NARA; and
(4) monthly and annual statistical
reports, including those regarding
workload operations, will be destroyed
when no longer needed for business
purposes.
SYSTEM MANAGER AND ADDRESS:
Assistant Director, ICE Health Service
Corps, Enforcement and Removal
Operations, U.S. Immigration and
Customs Enforcement, 500 12th Street
SW., Washington, DC 20536.
NOTIFICATION PROCEDURE:
DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
VerDate Sep<11>2014
16:33 Jan 02, 2015
Jkt 235001
Individuals seeking notification of
and access to any record contained in
this system of records, or seeking to
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
243
contest its content, may submit a
request in writing to the U.S.
Immigration and Customs Enforcement
Freedom of Information Act (FOIA)
Officer, whose contact information can
be found at https://www.dhs.gov/foia
under ‘‘FOIA Contact Information.’’ 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 20528–0655.
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.
In addition to submitting a request to
the ICE or DHS FOIA Officer,
individuals currently detained in IHSCstaffed facilities may request access to
their records by submitting a written
request to a staff member in the facility’s
health care unit. Individuals may
submit the request using a Form G–639,
Freedom of Information/Privacy Act
E:\FR\FM\05JAN1.SGM
05JAN1
244
Federal Register / Vol. 80, No. 2 / Monday, January 5, 2015 / Notices
Request form or otherwise requesting a
copy of their medical records in writing.
Although outside the scope of this
SORN, the following has been inserted
for clarification purposes only. There is
no set procedure for how individuals
detained in a facility where IHSC does
not provide care request access to their
records. Each facility has its own
process and individuals seeking copies
of their records should contact the chief
administrative officer of the facility for
guidance.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Information may be obtained from the
individual, immediate family members,
physicians, nurses, dentists, medical
laboratories and testing facilities,
hospitals, other medical and dental care
providers, other law enforcement or
custodial agencies, other detention
facilities, and public health agencies.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: December 11, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2014–30854 Filed 1–2–15; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
[Docket No. USCG–2014–1061]
Merchant Marine Personnel Advisory
Committee
Coast Guard, DHS.
Notice of Federal Advisory
Committee Working Group Meeting.
AGENCY:
ACTION:
A working group of the
Merchant Marine Personnel Advisory
Committee will meet to work on and
review Task Statement 30, concerning
evaluating military education, training,
and assessment for the International
Convention on Standards of Training,
Certification and Watchkeeping for
Seafarers, 1978 and U.S. Coast Guard
Certifications. This meeting will be
open to the public.
DATES: The Merchant Marine Personnel
Advisory Committee working group will
meet on January 28 and 29, 2015, from
8 a.m. until 4 p.m. Please note that these
meetings may adjourn early if all
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
16:33 Jan 02, 2015
Jkt 235001
business is finished. Written comments
for distribution to working group
members and inclusion on the Merchant
Marine Personnel Advisory Committee’s
Web site must be submitted by January
14, 2015.
ADDRESSES: The working group will
meet in Room A129 of the Maritime
Institute of Technology and Graduate
Studies, 692 Maritime Boulevard,
Linthicum Heights, MD 21090. For
further information on the location of
the Maritime Institute of Technology
and Graduate Studies or services for
individuals with disabilities or to
request special assistance, please
contact Mr. Brian Senft at (410)859–
5700 or by email at bsenft@CCMIT.org.
To facilitate public participation, we
are inviting public comment on the
issues to be considered by the working
group, as listed in the ‘‘Agenda’’ section
below. Written comments must be
identified by Docket No. USCG–2014–
1061, and submitted by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments
(preferred method to avoid delays in
processing).
• Fax: 202–493–2251.
• Mail: Docket Management Facility
(M–30), U.S. Department of
Transportation, West Building Ground
Floor, Room W12–140, 1200 New Jersey
Avenue SE., Washington, DC 20590–
0001.
• Hand Delivery: Same as mail
address above, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal Holidays. The telephone
number for the Docket Management
Facility is 202–366–9329.
Instructions: All submissions received
must include the words ‘‘Department of
Homeland Security’’ and the docket
number for this action. Comments
received will be posted without
alteration at https://www.regulations.gov,
including any personal information
provided. You may review a Privacy Act
notice regarding our public dockets in
the January 17, 2008, issue of the
Federal Register (73 FR 3316).
Docket: For access to the docket to
read documents or comments related to
this notice, go to https://
www.regulations.gov, enter the docket
number in the ‘‘Search’’ field and follow
instructions on the Web site.
A public oral comment period will be
held each day during the working group
meeting and speakers are requested to
limit their comments to 3 minutes.
Please note that the public oral
comment periods may end before the
prescribed ending times following the
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
last call for comments. Contact Mr.
Davis Breyer as indicated below no later
than January 21, 2015 to register as a
speaker.
This notice may be viewed in our
online docket, USCG–2014–1061, at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Davis Breyer, Alternate Designated
Federal Officer of the Merchant Marine
Personnel Advisory Committee,
telephone 202–372–1445 or at
davis.j.breyer@uscg.mil. If you have any
questions on viewing or submitting
material to the docket, call Cheryl
Collins, Program Manager, Docket
Operations, telephone 202–366–9826 or
1–800–647–5527.
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act, title 5 United
States Code Appendix.
The Merchant Marine Personnel
Advisory Committee was established
under the Secretary’s authority under
section 871 of the Homeland Security
Act of 2002, title 6, United States Code,
section 451, and chartered under the
provisions of the Federal Advisory
Committee Act. The Committee acts
solely in an advisory capacity to the
Secretary of the Department of
Homeland Security through the
Commandant of the Coast Guard and the
Director of Commercial Regulations and
Standards on matters relating to
personnel in the U.S. merchant marine,
including but not limited to training,
qualifications, certification,
documentation, and fitness standards.
The Committee will advise, consult
with, and make recommendations
reflecting its independent judgment to
the Secretary.
A copy of all meeting documentation,
including the Task Statement, is
available at https://homeport.uscg.mil/
by using these key strokes: Missions;
Port and Waterways; Safety Advisory
Committees; MERPAC; and then use the
announcements key. Alternatively, you
may contact Mr. Breyer as noted in the
FOR FURTHER INFORMATION CONTACT
section above.
Agenda
The agenda for the January 28, 2015,
working group meeting is as follows:
(1) Comment period for all attendees
to discuss information they have that
might assist the working group and the
Merchant Marine Personnel Advisory
Committee in meeting its objectives for
Task Statement 30, concerning
evaluating military education, training,
and assessment for the International
Convention on Standards of Training,
Certification and Watchkeeping for
E:\FR\FM\05JAN1.SGM
05JAN1
Agencies
[Federal Register Volume 80, Number 2 (Monday, January 5, 2015)]
[Notices]
[Pages 239-244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-30854]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2014-0065]
Privacy Act of 1974; Department of Homeland Security/U.S.
Immigration and Customs Enforcement--013 Alien Health Records System of
Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and rename a Department of
Homeland Security/U.S. Immigration and Customs Enforcement system of
records notice now titled, ``Department of Homeland Security/U.S.
Immigration and Customs Enforcement--013 Alien Health Records System of
Records.'' This system maintains records that document the health
screening, examination, and treatment of aliens arrested by the
Department of Homeland Security and detained by U.S. Immigration and
Customs Enforcement for civil immigration purposes in facilities where
care is provided by the ICE Health Service Corps. With the publication
of this updated system of records, several changes are being made: (1)
New categories of records have been added; (2) new routine uses have
been added to allow the Department of Homeland Security to share
information from the system; and (3) additional information has been
added to clarify the process regarding notification of and access to
records. This updated system will be included in the Department of
Homeland Security's inventory of record systems.
DATES: Submit comments on or before February 4, 2015. This updated
system will be effective February 4, 2015.
ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0065 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: Karen L. Neuman, 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 notice. 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, please visit https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact
Lyn Rahilly (202-732-3300), Privacy Officer, U.S. Immigration and
Customs Enforcement. For privacy questions, please contact Karen L.
Neuman (202-343-1717), 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)/U.S. Immigration and Customs
Enforcement (ICE) proposes to update and rename a current DHS system of
records titled, ``DHS/ICE-013 Alien Health Records System of Records.''
DHS is updating and renaming the DHS/ICE-013 Alien Health Records
System of Records to add new categories of records and routine uses, to
provide additional information regarding the retention of records about
minors, and to clarify the process regarding individual notification of
and access to records. This system of records was previously titled
DHS/ICE-013 Alien Medical Records System of Records. This system of
records is maintained by the ICE Health Service Corps (IHSC), a
division within ICE's Enforcement and Removal Operations (ERO) office.
(Note: IHSC was previously named the Division of Immigration Health
Services (DIHS).) This system of records maintains medical, mental
health, and dental records that document the medical screening,
examination, diagnosis, and treatment of aliens whom ICE detains for
civil immigration purposes in facilities where medical care is provided
by IHSC. It also maintains information about prisoners of the U.S.
Marshals Service (USMS) who are housed in a detention facility operated
by or on behalf of ICE pursuant to an agreement between the USMS and
ICE, and where medical care is provided by IHSC. IHSC provides
necessary and appropriate medical, mental health, and dental care to
ICE detainees. IHSC medical staff may also procure consultation,
diagnostic, treatment, or procedural services IHSC deems necessary and
appropriate from external health care providers in facilities outside
of IHSC. Medical information is typically shared with other health care
providers to ensure a detainee's continuity of care. For individuals
with infectious diseases of public health significance, their
information may be shared with public health officials in order to
prevent exposure to or transmission of the disease.
New categories of records have been added to the DHS/ICE-013 Alien
Health Records System of Records to provide a more complete list of the
types of records in the system. These include: payment authorizations
for care provided to detainees by external healthcare providers and
healthcare facilities; evaluation records, including records related to
mental health evaluations; records related to medical grievances filed
by detainees; and detainees' medical or healthcare records received
from external healthcare providers. Additionally, new routine uses have
been added to allow ICE to share information from the system of
records. Below is a summary of the new routine uses and their
corresponding letter:
U. To courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in the
[[Page 240]]
course of immigration, civil, or criminal proceedings (including
discovery, presentation of evidence, and settlement negotiations) and
when DHS determines that use of such records is relevant and necessary
to the litigation before a court or adjudicative body;
V. To an attorney or representative (as defined in 8 CFR 1.2,
292.1, 1001.1(f) or 1292.1) who is acting on behalf of an individual
covered by this system of records in connection with any proceeding
before United States Citizenship and Immigration Services (USCIS), ICE,
or U.S. Customs and Border Protection (CBP), or the Department of
Justice's Executive Office for Immigration Review;
W. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law and formal or informal international arrangements;
X. To a coroner for purposes of identifying a deceased individual
(whether or not such individual is deceased as a result of a crime),
performance of an autopsy, or identifying cause of death;
Y. To the Department of Health and Human Services (HHS), the
Centers for Disease Control and Prevention (CDC), or to any state or
local health authorities, to ensure that all health issues potentially
affecting public health and safety in the United States are adequately
addressed;
Z. To a former employee of DHS for purposes of responding to an
official inquiry or facilitating communications with a former employee
that may be relevant for personnel-related or other official purposes;
AA. To the Department of State when it seeks information to
consider or provide an informed response to a foreign government
inquiring about an alien or an enforcement operation with transnational
implications;
BB. To federal, state, local, tribal, territorial, or foreign
government agencies or entities or multinational government agencies
when DHS desires to exchange relevant data for the purpose of
developing, testing, or implementing new software or technology related
to this system of records;
CC. To federal, state, local, tribal, territorial, or foreign
government agencies, medical personnel, or other individuals when DHS
desires to use de-identified data for training or other similar
purposes; and
DD. To medical and mental health professionals for the purpose of
assessing an individual's mental competency before the Department of
Justice's Executive Office for Immigration Review.
Additionally, the section describing the retention of records has
been updated to include the retention period for records about minors.
Medical records about a minor will be retained until the minor has
reached the age of 27 years in order to comply with state laws
regarding the retention of medical records related to minors. The
records will then be destroyed.
Information has also been added to clarify the process regarding
notification of and access to records. In addition to submitting a
request for records under the Freedom of Information Act (FOIA),
individuals currently detained in IHSC-staffed facilities may request
access to their records by submitting a written request to a staff
member in the facility's health care unit. Individuals may submit the
request using a DHS Form G-639, Freedom of Information/Privacy Act
Request or by otherwise requesting a copy of their medical records in
writing. Although outside the scope of this SORN, there is no set
procedure for how detainees access their medical records in a facility
where IHSC does not provide care. Each facility has its own process and
individuals seeking copies of their records should contact the chief
administrative officer of the facility for guidance.
Finally, it is important to note that ICE IHSC is not subject to
the provisions of the Health Insurance Portability and Accountability
Act of 1996 (HIPAA) regulation, ``Standards for Privacy of Individually
Identifiable Health Information'' (Privacy Rule), 45 CFR parts 160 and
164. ICE IHSC does not meet the statutory definition of a covered plan
under HIPAA, 42 U.S.C. 1320d(5), and is specifically excluded from the
application of HIPAA as a ``government funded program whose principal
activity is the direct provision of healthcare to persons,'' 45 CFR
160.103 (definition of a health plan). Because ICE IHSC is not a
covered entity, the restrictions proscribed by the HIPAA Privacy Rule
are not applicable.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the DHS/
ICE--013 Alien Health Records 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
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement (ICE)--013
System name:
Alien Health Records System
Security classification:
Unclassified and for official use only.
System location:
Records are maintained in the ICE electronic health records (eHR)
system and at detention facilities where care is provided by the
Enforcement and Removal Operations ICE Health Service Corps (IHSC).
IHSC provides care to aliens in all Service Processing Centers, which
are ICE-operated facilities; at most contract detention facilities,
which are owned and operated by a private company with which ICE
contracts for detention services; and in some Intergovernmental Service
Agreement (IGSA) facilities. IGSAs are facilities operated by a city,
county, or state government and ICE contracts with them for detention
services, leases bed space, or both from them. Records are also
maintained at ICE Headquarters in Washington, DC, and at ICE field
offices.
[[Page 241]]
Categories of individuals covered by the system:
Two categories of individuals are covered by this system. The first
category is aliens detained by ICE for civil immigration purposes.
These aliens have been booked into a detention facility where medical
care is provided by IHSC. The second category is prisoners in the
custody of the U.S. Marshals Service (USMS) who are being detained in
facilities operated by or on behalf of ICE pursuant to an agreement
between the USMS and ICE and who also receive medical care from IHSC.
Hereafter, the term ``in ICE custody'' will be used to refer to both
the aliens detained by ICE who receive medical care from IHSC and the
USMS prisoners being housed in IHSC-staffed detention facilities.
Categories of records in the system:
Categories of records in this system include:
Individual's name and aliases;
Date of birth;
Alien Registration Number (A-Number);
USMS or Federal Bureau of Prisons Registration Number (if
applicable);
Phone numbers;
Email addresses;
Addresses;
Country of Origin and Country of Citizenship;
Nationality;
Gender/Sex;
Languages spoken;
Medical history (self and family to establish medical
history);
Current medical conditions and diagnoses;
Symptoms reported, including dates;
Medical examination records and medical notes;
Medical and mental health records and treatment plans;
Dental history and records, including x-rays, treatment,
and procedure records;
Diagnostic data, such as tests ordered and test results;
Problem list which contains the diagnoses and medical
symptoms or problems as determined by a medical practitioner or
reported by the person;
Records concerning the diagnosis and treatment of diseases
or conditions that present a public health threat, including
information about exposure of other individuals and reports to public
health authorities;
Correspondence related to an individual's medical, dental,
and mental health care;
External healthcare provider records (emergency room,
hospitalizations, specialized care, records of previous medical care or
testing) including medical or healthcare records received from other
correctional systems or ICE detention facilities not staffed by IHSC;
Payment authorizations for care provided by external
healthcare providers and healthcare facilities;
Evaluation records, including records related to mental
competency evaluations;
Prescription and over-the-counter drug records;
Records related to medical grievances filed by individuals
in ICE custody;
Information about medical devices used by individuals such
as hearing aids and pacemakers;
Information about special needs and accommodations for an
individual with disabilities, such as requiring a cane, wheelchair,
special shoes, or needing to sleep on a bottom bunk;
Physician or other medical/dental provider's name and
credentials such as medical doctor, registered nurse, and Doctor of
Dental Science;
Refusal forms;
Informed consent forms; and
Legal documents, such as death certificates, do-not-
resuscitate orders, or advance directives (e.g., living wills).
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C. 1103, 1222 and 1231; 42
U.S.C. 249.
Purpose(s):
The purpose of this system is to document and facilitate the
provision of medical, dental, and mental health care to individuals in
ICE custody in facilities where care is provided by IHSC. The system
also supports the collection, maintenance, and sharing of medical
information for these individuals in the interest of public health
especially in the event of a public health emergency, such as an
epidemic or pandemic.
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 relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former 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 in response to an inquiry made 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 identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) that rely upon
the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS' 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. Where a record, either on its face or in conjunction with other
information, indicates a violation or
[[Page 242]]
potential violation of law, rule, regulation, or order, which includes
criminal, civil, or regulatory violations, and such disclosure is
proper and consistent with the official duties of the person making the
disclosure, a disclosure may be made to the appropriate federal, state,
local, tribal, territorial, international, or foreign law enforcement
agencies or other appropriate authorities charged with investigating or
prosecuting a violation or enforcing or implementing such law, rule,
regulation, or order.
H. To hospitals, physicians, medical laboratories and testing
facilities, and other medical service providers, for the purpose of
diagnosing and treating medical conditions or arranging the care of
individuals in ICE custody and of individuals released or about to be
released from ICE custody including, but not limited to, released under
an order of supervision, on their own recognizance, on bond, on parole,
or in an alternative to detention program.
I. To prospective claimants and their attorneys for the purpose of
negotiating the settlement of an actual or prospective claim against
DHS or its current or former employees, in advance of the initiation of
formal litigation or proceedings.
J. To immediate family members and attorneys or other agents acting
on behalf of an alien to assist those individuals in determining the
current medical condition of an alien in ICE custody provided they can
present adequate verification of a familial or agency relationship with
the alien.
K. To federal, state, local, tribal, territorial, or foreign
governmental agencies; multilateral governmental organizations; or
other public health entities, for the purposes of protecting the vital
interests of a record subject or other persons, including to assist
such agencies or organizations during an epidemiological investigation,
in facilitating continuity of care, preventing exposure to or
transmission of a communicable or quarantinable disease of public
health significance, or to combat other significant public health
threats.
L. To hospitals, physicians, and other healthcare providers for the
purpose of protecting the health and safety of individuals who may have
been exposed to a contagion or biohazard, or to assist such persons or
organizations in preventing exposure to or transmission of a
communicable or quarantinable disease or to combat other significant
public health threats.
M. To individuals for the purpose of determining if they have had
contact in a custodial setting with a person known or suspected to have
a communicable or quarantinable disease and to identify and protect the
health and safety of others who may have been exposed.
N. To the U.S. Marshals Service (USMS) concerning USMS prisoners
that are or will be held in detention facilities operated by or on
behalf of ICE, and to federal, state, local, tribal, or territorial law
enforcement or correctional agencies concerning an individual in ICE
custody that is to be transferred to such agency's custody, in order to
coordinate the transportation, custody, and care of these individuals.
O. To third parties to facilitate placement, or release of an
individual (e.g., at a group home, homeless shelter, with a family
member, etc.) who has been released from DHS custody or whose case is
being considered or prepared for release from DHS custody, but only
such information that is relevant and necessary to arrange housing,
continuing medical care, or other social services for the individual.
P. To a domestic government agency or other appropriate healthcare
authority for the purpose of providing information about an individual
who has been released from DHS custody or whose case is being
considered or prepared for release from DHS custody who, due to a
condition such as mental illness, may pose a health or safety risk to
himself/herself or to the community. DHS will only disclose health
information about the individual that is relevant to the health or
safety risk they may pose or the means to mitigate that risk (e.g., the
alien's need to remain on certain medication for a serious mental
health condition).
Q. To foreign governments for the purpose of coordinating and
conducting the removal or return of aliens from the United States to
other nations when disclosure of information about the alien's health
is necessary or advisable to safeguard the public health, to facilitate
transportation of the alien, to obtain travel documents for the alien,
to ensure continuity of medical care for the alien, or is otherwise
required by international agreement or law. Disclosure of medical
information may occur after the alien's removal when it is necessary or
advisable to assist the foreign government with the alien's ongoing
medical care.
R. To the Federal Bureau of Prisons and other government agencies
for the purpose of providing health information about an alien when
custody of the alien is being transferred from DHS to the other agency.
This will include the transfer of information about unaccompanied minor
children to the U.S. Department of Health and Human Services.
S. To state, local, tribal or territorial agencies or other
appropriate authority for the purpose of reporting vital statistics
(e.g., births, deaths).
T. To a public or professional licensing organization when such
information indicates, either by itself or in combination with other
information, a violation or potential violation of professional
standards, or reflects on the moral, educational, or professional
qualifications of a healthcare provider who is licensed or is seeking
to become licensed.
U. To courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in the course of immigration, civil,
or criminal proceedings (including discovery, presentation of evidence,
and settlement negotiations) and when DHS determines that use of such
records is relevant and necessary to the litigation before a court or
adjudicative body when any of the following is a party to or have an
interest in the 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 the
government has agreed to represent the employee; or
4. The United States, where DHS determines that litigation is
likely to affect DHS or any of its components.
V. To an attorney or representative (as defined in 8 CFR 1.2,
292.1, 1001.1(f), or 1292.1) who is acting on behalf of an individual
covered by this system of records in connection with any proceeding
before USCIS, ICE, or CBP or the Department of Justice's Executive
Office for Immigration Review.
W. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law and formal or informal international arrangements.
X. To a coroner for purposes of identifying a deceased individual
(whether or not such individual is deceased as a result of a crime)
performance of an autopsy, or identifying cause of death.
Y. Consistent with the requirements of the Immigration and
Nationality Act, to the Department of Health and Human Services (HHS),
the Centers for Disease Control and Prevention (CDC), or to any state
or local health authorities, to ensure that all health issues
potentially affecting public health and safety in the United States are
being or have been, adequately addressed.
[[Page 243]]
Z. To a former employee of DHS for purposes of responding to an
official inquiry by federal, state, local, tribal, or territorial
government agencies or professional licensing authorities; or
facilitating communications with a former employee that may be relevant
and necessary for personnel-related or other official purposes when DHS
requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
AA. To the Department of State when it seeks information to
consider or provide an informed response to a request for information
from a foreign, international, or intergovernmental agency, authority,
or organization about an alien or an enforcement operation with
transnational implications.
BB. To federal, state, local, tribal, territorial, or foreign
government agencies or entities or multinational government agencies
when DHS desires to exchange relevant data for the purpose of
developing, testing, or implementing new software or technology whose
purpose is related to this system of records.
CC. To federal, state, local, tribal, territorial, or foreign
government agencies, medical personnel, or other individuals when DHS
desires to use de-identified data for illustrative or informative
purposes in training, in presentations, or for other similar purposes.
DD. To medical and mental health professionals for the purpose of
assessing an individual's mental competency before the Department of
Justice's Executive Office for Immigration Review.
EE. 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 behind a locked door. Electronic records are stored
on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name, Alien Registration Number (A-
Number), Subject ID, or USMS/Federal Bureau of Prisons Registration
Number.
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 systems 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:
ICE is in the process of developing a records retention schedule
for the various records associated with the records described in this
notice. ICE anticipates that:
(1) Medical records for an adult will be retained for ten (10)
years after an individual has been released from ICE custody and then
shall be destroyed;
(2) annual data on detainees who have died in ICE custody that has
been transferred to the Bureau of Justice Statistics (BJS) and annual
reports regarding infectious diseases will be retained for ten (10)
years and then destroyed;
(3) various statistical reports will be retained permanently by
NARA; and
(4) monthly and annual statistical reports, including those
regarding workload operations, will be destroyed when no longer needed
for business purposes.
System Manager and address:
Assistant Director, ICE Health Service Corps, Enforcement and
Removal Operations, U.S. Immigration and Customs Enforcement, 500 12th
Street SW., Washington, DC 20536.
Notification procedure:
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 U.S. Immigration and Customs
Enforcement Freedom of Information Act (FOIA) Officer, whose contact
information can be found at https://www.dhs.gov/foia under ``FOIA
Contact Information.'' 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
20528-0655.
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.
In addition to submitting a request to the ICE or DHS FOIA Officer,
individuals currently detained in IHSC-staffed facilities may request
access to their records by submitting a written request to a staff
member in the facility's health care unit. Individuals may submit the
request using a Form G-639, Freedom of Information/Privacy Act
[[Page 244]]
Request form or otherwise requesting a copy of their medical records in
writing. Although outside the scope of this SORN, the following has
been inserted for clarification purposes only. There is no set
procedure for how individuals detained in a facility where IHSC does
not provide care request access to their records. Each facility has its
own process and individuals seeking copies of their records should
contact the chief administrative officer of the facility for guidance.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Information may be obtained from the individual, immediate family
members, physicians, nurses, dentists, medical laboratories and testing
facilities, hospitals, other medical and dental care providers, other
law enforcement or custodial agencies, other detention facilities, and
public health agencies.
Exemptions claimed for the system:
None.
Dated: December 11, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-30854 Filed 1-2-15; 8:45 am]
BILLING CODE 9111-28-P