Privacy Act of 1974; Department of Homeland Security, Federal Emergency Management Agency-013 Operational Use of Publicly Available Social Media Internet Sources for Situational Awareness System of Records, 23503-23506 [2016-09191]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 81, Number 77 (Thursday, April 21, 2016)]
[Notices]
[Pages 23503-23506]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-09191]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2016-0023]


Privacy Act of 1974; Department of Homeland Security, Federal 
Emergency Management Agency-013 Operational Use of Publicly Available 
Social Media Internet Sources for Situational Awareness System of 
Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to establish a new system of records 
titled, ``DHS/Federal Emergency Management Agency (FEMA)-013 
Operational Use of Publicly Available Social Media Internet Sources for 
Situational Awareness System of Records.'' This system of records 
authorizes DHS/FEMA to monitor, collect, and maintain information from 
publicly available social media sources to provide critical situational 
awareness in support of FEMA's mission to reduce the loss of life and 
property and protect the nation from all hazards, including natural 
disasters, acts of terrorism, and other man-made disasters. FEMA's 
social media monitoring initiative was neither designed nor intended to 
collect personally identifiable information (PII); however, given the 
unpredictable nature of disasters and emergency management, the content 
that is posted, and the voluntary and unrestricted nature of social 
media, it is possible for FEMA to collect, maintain, and in extremis 
circumstances, disseminate a limited amount of PII to first responders. 
FEMA is publishing this System of Records Notice because FEMA may 
collect PII from social media for certain narrowly tailored categories. 
For example, in the event of an in extremis situation involving 
potential life and death, FEMA will collect and share certain PII with 
Federal, State, local, tribal, and territorial first responders in 
order for them to take the

[[Page 23504]]

necessary actions to save a life, such as the name and location of a 
person asking for help during a man-made or natural disaster. This new 
system of records will be included in the DHS inventory of record 
systems.

DATES: Submit comments on or before May 23, 2016. This new system will 
be effective May 23, 2016.

ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0023 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, 245 Murray Drive SW., Building 
410, STOP-0655, 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, please visit https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact: 
Eric M. Leckey, (202) 212-5100, Privacy Officer, Federal Emergency 
Management Agency, Department of Homeland Security, Washington, DC 
20528. For privacy questions, please contact: Karen L. Neuman, (202) 
343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland 
Security, 245 Murray Drive SW., Building 410, STOP-0655, 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) Federal Emergency Management 
Agency (FEMA) proposes to establish a new DHS system of records titled, 
``DHS/FEMA-013 Operational Use of Publicly Available Social Media 
Internet Sources for Situational Awareness System of Records.''
    This system of records will allow DHS/FEMA to maintain a state of 
disaster and emergency response readiness through situational awareness 
of publicly available information posted on social media to take 
appropriate actions when necessary or to provide information related to 
a disaster to the first responder community for situational awareness 
purposes. Situational awareness is defined as ``information gathered 
from a variety of sources that, when communicated to emergency managers 
and decision makers, can form the basis for incident management 
decision-making.'' See sec. 515 of the Homeland Security Act (6 U.S.C. 
321d(b)(1)).
    The DHS/FEMA Office of Response and Recovery (ORR), Response 
Directorate is the office responsible for situational awareness 
activities and also operates DHS/FEMA Watch Centers, including the 
National Response Coordination Center (NRCC) and FEMA's Regional 
Response Coordination Centers (RRCC). The Operational Use of Publicly 
Available Social Media for Situational Awareness Initiative, as led by 
the DHS/FEMA ORR, monitors and reviews publicly available social media 
and uses a set of keywords or ``hash-tags'' to find and retrieve 
content relevant to DHS/FEMA for situational awareness purposes. Under 
this Initiative, DHS/FEMA generally will not: (1) Actively seek PII; 
(2) post any information; (3) actively seek to connect with other 
internal/external personal users; (4) accept other internal/external 
personal users' invitations to connect; or (5) interact on social media 
sites. However, DHS/FEMA is permitted to establish user names and 
passwords to form profiles and follow relevant government, media, and 
subject matter experts on social media sites in order to use search 
tools under established criteria and search terms for monitoring that 
supports providing situational awareness and establishing a common 
operating picture.
    DHS/FEMA social media monitoring is not designed to collect PII 
from members of the public; however, given the unpredictable nature of 
disasters and emergency management and the unrestricted nature of 
social media, DHS/FEMA may collect a limited amount of PII from the 
public through its monitoring of social media. The information may be 
provided to first responders during in extremis situations involving 
the possible loss of life. PII on the following categories of 
individuals may be collected when it lends credibility to the report or 
facilitates coordination with Federal, State, local, tribal, 
territorial (SLTT), foreign, or international government partners: (1) 
Individuals within the United States in extremis situations involving 
potential life or death circumstances; (2) senior U.S. Government 
officials who make public statements or provide public updates about 
natural disasters, acts of terrorism, and other man-made disasters, 
including catastrophic incidents; (3) U.S. Government spokespersons who 
make public statements or provide public updates about natural 
disasters, acts of terrorism, and other man-made disasters, including 
catastrophic incidents; (4) U.S. private sector officials and 
spokespersons who make public statements or provide public updates 
about natural disasters, acts of terrorism, and other man-made 
disasters, including catastrophic incidents; (5) names of anchors, 
newscasters, or on-scene reporters who are known or identified as 
reporters in their post or article, or who use traditional and/or 
social media in real time to keep their audience situationally aware 
and informed; and (6) public officials, current and former, who are 
victims of natural disasters, acts of terrorism, and other man-made 
disasters, including catastrophic incidents.
    Consistent with DHS's information-sharing mission, information 
stored in the DHS/FEMA-013 Operational Use of Publicly Available Social 
Media Internet Sources for Situational Awareness System of Records may 
be shared with other DHS Components that have a need to know the 
information to carry out their national security, law enforcement, 
immigration, intelligence, or other homeland security functions. In 
addition, DHS/FEMA may share information from this system with 
appropriate Federal, State, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in this system of records notice.
    DHS is publishing this system of records notice to describe DHS/
FEMA's collection of PII through social media monitoring. DHS/FEMA 
collects and maintains minimal PII that is necessary to respond to, 
report on, and contact or assist individuals in extremis situations. 
This newly established system 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 Federal Government 
agencies collect, maintain, use, and disseminate 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 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.

[[Page 23505]]

citizens and lawful permanent residents. As a matter of policy, DHS 
extends administrative Privacy Act protections to all individuals when 
systems of records maintain information on U.S. citizens, lawful 
permanent residents, and visitors.
    Below is the description of the DHS/FEMA-013 Operational Use of 
Publicly Available Social Media Internet Sources for Situational 
Awareness 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.
DHS/FEMA-013

System of Records:
    Department of Homeland Security (DHS)/Federal Emergency Management 
Agency (FEMA)-013.

System name:
    DHS/FEMA-013 Operational Use of Publicly Available Social Media 
Internet Sources for Situational Awareness System of Records.

Security classification:
    Unclassified.

System location:
    DHS/FEMA retains records at the DHS/FEMA Headquarters in 
Washington, DC, DHS/FEMA regional field offices, and at the DHS 
National Operations Center, in Washington, DC.

Categories of individuals covered by the system:
    Categories of individuals covered by the system:
     Individuals located within the United States in extremis 
situations involving potential life or death circumstances;
     Senior U.S. Government officials who make public 
statements or provide public updates about natural disasters, acts of 
terrorism, and other man-made disasters, including catastrophic 
incidents;
     U.S. Government spokespersons who make public statements 
or provide public updates about natural disasters, acts of terrorism, 
and other man-made disasters, including catastrophic incidents;
     U.S. private sector officials and spokespersons who make 
public statements or provide public updates about natural disasters, 
acts of terrorism, and other man-made disasters, including catastrophic 
incidents;
     Names of anchors, newscasters, or on-scene reporters who 
are known or identified as reporters in their post or article or who 
use traditional and/or social media in real time to keep their audience 
situationally aware and informed (including known subject matter 
experts such as emergency management volunteers, tornado spots, and 
Community Emergency Response Team members) about natural disasters, 
acts of terrorism, and other man-made disasters, including catastrophic 
incidents; and
     Current and former public officials who are victims of 
natural disasters, acts of terrorism, and other man-made disasters, 
including catastrophic incidents.

Categories of records in the system:
    Through the course of normal social media monitoring, FEMA does not 
collect any records from individuals. However, in extremis situations 
FEMA may collect:
     Individual's name;
     Social media account information including: Email address, 
Login ID, Handle, User Name, or Alias;
     Address or approximate location (via geo-coded 
submission);
     Job title or Position;
     Phone numbers, email address, or other contact information 
included in or associated with a user profile;
     Date and Time of post; and
     Additional details relevant to an in extremis situation 
(e.g., details of an individual's physical condition).
    This system of records may also include:
     Reports related to incidents or updates seen via social 
media;
     Links to original social media content described in 
reports; and
     Links to other open source media such as a publicly 
available news Web sites.

Authority for maintenance of the system:
    6 U.S.C. 313(b)(2)(A)-(H); 6 U.S.C. 314(b)(1), 6 U.S.C. 314(a)(17); 
and 6 U.S.C. 321d(b)(1).

Purpose(s):
    The purpose of this system is to monitor and review publicly 
available social media Internet sources for situational awareness to 
maintain timely, actionable decision-making. DHS/FEMA collects PII 
through social media Internet sources to respond to and provide 
potentially lifesaving assistance to the individual only in extremis 
situations.

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 Offices of the 
United States Attorneys, 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 or her official 
capacity;
    3. Any employee or former employee of DHS in his or her individual 
capacity when 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 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'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,

[[Page 23506]]

when necessary to accomplish an agency function related to this system 
of records. Individuals provided information under this routine use are 
subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, when a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    H. To Federal, State, local, tribal emergency management agencies, 
and the National Center for Missing and Exploited Children, and other 
partners who assist in emergency response, reunification, or rescue 
efforts.

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 
may be stored on magnetic disc, tape, or digital media.

Retrievability:
    Much of the data within this system does not pertain to an 
individual; rather, the information pertains to locations, geographic 
areas, facilities, and other things or objects not related to 
individuals. However, in the event that PII is collected, DHS/FEMA may 
retrieve records by date, time stamp, incident name, individual name, 
or social media user name.

Safeguards:
    DHS/FEMA safeguards records in this system in accordance with 
applicable rules and policies, including all applicable DHS automated 
systems security and access policies. Strict controls are in place 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 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:
    FEMA's ORR is collaborating with FEMA Records Management Division 
and NARA to establish an approved retention and disposal policy for any 
records created through this initiative related to its situation 
reports and responses to in extremis situations. However, all PII from 
reports are redacted once the information is sent to the appropriate 
first responders in extremis situations.

System Manager and address:
    Director of National Watch Center, Response Directorate, FEMA, 500 
C Street SW., Washington, DC 20472.

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 DHS/FEMA Freedom of Information 
Act (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 FOIA 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 FOIA Officer, https://www.dhs.gov/foia 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 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 the above information, the component(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    DHS/FEMA may collect information from members of the public, first 
responders, press, volunteers, and others that provide publicly 
available information on social media sites including online forums, 
blogs, public Web sites, and message boards. All DHS/FEMA users of 
social media are clearly identified as DHS/FEMA employees and do not 
collect any information that is not publicly available or inaccessible 
due to user privacy settings.

Exemptions claimed for the system:
    None.

    Dated: April 14, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-09191 Filed 4-20-16; 8:45 am]
 BILLING CODE 9110-17-P