Privacy Act of 1974; Department of Homeland Security/U.S. Immigration and Customs Enforcement-014 Homeland Security Investigations Forensic Laboratory System of Records, 45523-45527 [2016-16587]
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Federal Register / Vol. 81, No. 135 / Thursday, July 14, 2016 / Notices
• 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:
Records are obtained directly from the
client involved and during any
subsequent investigation by the legal
officer on behalf of the client.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: June 23, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–16598 Filed 7–13–16; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2016–0041]
Privacy Act of 1974; Department of
Homeland Security/U.S. Immigration
and Customs Enforcement-014
Homeland Security Investigations
Forensic Laboratory System of
Records
Department of Homeland
Security, Privacy Office.
ACTION: Notice of amendment of Privacy
Act system of records.
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AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
update and reissue a current DHS
system of records titled, ‘‘Department of
SUMMARY:
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Homeland Security/U.S. Immigration
and Customs Enforcement-014
Homeland Security Investigations
Forensic Laboratory (HSI–FL) System of
Records.’’ This system of records allows
the DHS/U.S. Immigration and Customs
Enforcement (ICE) to collect and
maintain records by the HSI–FL. The
HSI–FL is a U.S. crime laboratory
specializing in scientific authentication;
forensic examination; research, analysis,
and training related to travel and
identity documents; latent and patent
finger and palm prints; and audio and
video files in support of law
enforcement investigations and
activities by DHS and other agencies. As
a result of a biennial review of this
system, DHS/ICE is updating this
system of records notice to include
minor changes that were made to make
the wording consistent with the routine
uses of other ICE System of Records
Notice (SORN) and in accordance with
Appendix I to the Office of Management
and Budget (OMB) Circular A–130,
Federal Agency Responsibilities for
Maintaining Records About Individuals.
DHS/ICE made minor changes to:
Routine Use G that supports ICE’s
sharing of information with domestic
and international law enforcement
agencies when there is a violation, or
potential criminal, civil, or regulatory
violation of law, rule, regulation, or
order; Routine Use H that supports
parties involved in court litigation when
DHS is a party or has an interest;
Routine Use V that supports DHS in
making a determination regarding
redress for an individual; and the
retention and disposal section has been
updated to note that the current
approved ICE records disposition
authority states that all case files, other
than war crime cases be destroyed five
years after the date of completion of the
forensic examination. War crime cases
are unscheduled at this time, and thus
deemed permanent records.
In addition, a new schedule is
currently being reviewed and once
approved will provide lengthier
retention periods than the current
schedule. ICE is proposing that case
files related to significant cases such as
war crimes, terrorism, and homicide
cases should be retained at ICE for 20
years after completion of the
investigation and all actions based
thereon, and then transferred to the
National Archives for permanent
retention. Once the schedules are
approved the SORN will be updated to
reflect the changes. The exemptions for
the existing SORN will continue to be
unchanged. This updated system will be
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included in DHS’s inventory of record
systems.
DATES: Submit comments on or before
August 15, 2016. This updated system
will be effective August 15, 2016.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2016–0041 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 20528–0655.
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: Lyn
Rahilly, Privacy Officer, (202) 732–3300,
U.S. Immigration and Customs
Enforcement, 500 12th Street SW., Mail
Stop 5004, Washington, DC 20536,
email: ICEPrivacy@dhs.gov. For privacy
questions, please contact: Karen L.
Neuman, (202) 343–1717, Chief Privacy
Officer, Privacy Office, Department of
Homeland Security, Washington, DC
20528–0655.
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 reissue a
current DHS system of records titled,
‘‘DHS/ICE–014 Homeland Security
Investigations Forensic Laboratory
System of Records.’’
The Homeland Security Investigations
Forensic Laboratory (HSI–FL) is an
accredited crime laboratory located
within ICE’s Office of Homeland
Security Investigations (HSI) that
provides a broad range of forensic,
intelligence, and investigative support
services for ICE, DHS, and many other
U.S. and foreign law enforcement
agencies. The HSI–FL is the only U.S.
crime laboratory specializing in
scientific authentication; forensic
examination; research, analysis, and
training related to travel and identity
documents; latent and patent finger and
palm prints; and audio and video files
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in support of law enforcement
investigations and activities by DHS and
other agencies.
As a result of a biennial review of this
system, DHS/ICE is updating this SORN
to include minor changes to make the
wording consistent with the routine
uses of other ICE SORNs and in
accordance with Appendix I to OMB
Circular A–130, Federal Agency
Responsibilities for Maintaining
Records About Individuals. DHS/ICE
made minor changes to routine use G to
support ICE’s sharing of information
with domestic and international law
enforcement agencies when there is a
violation, or potential criminal, civil, or
regulatory violation of rule, regulation,
or order; routine use H to support
parties involved in litigation before a
court or adjudicative body when DHS is
a party or has an interest; and routine
use V to support DHS in making a
determination regarding redress for an
individual. These changes are not
intended to alter the purpose of these
routine uses but to ensure that ICE’s
SORNs are using consistent and clear
routine use language. Finally, the
retention and disposal section has been
updated to note the current approved
ICE records disposition authority states
that all case files, other than war crime
cases, be destroyed five years after the
date of completion of the forensic
examination. War crime cases are
unscheduled records at this time, and
thus deemed permanent records until a
retention period has been approved by
the National Archivist.
In addition, a new schedule is
currently being reviewed and once
approved will provide lengthier
retention periods than the current
schedule. ICE is proposing that case
files related to significant cases such as
war crimes, terrorism, and homicide
cases should be retained at ICE for 20
years after completion of the
investigation and all actions based
thereon, and then transferred to the
National Archives for permanent
retention. Once the schedules are
approved the SORN will be updated to
reflect the changes.
DHS/ICE issued a Final Rule to
exempt this system of records from
certain provisions of the Privacy Act on
April 2, 2014 (79 FR 18441). These
regulations remain in effect. This
updated 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
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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.
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/
ICE–014 Homeland Security
Investigations Forensic Laboratory
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)–014.
SYSTEM NAME:
DHS/ICE–014 Homeland Security
Investigations Forensic Laboratory
(HSI–FL).
SECURITY CLASSIFICATION:
Law enforcement sensitive.
SYSTEM LOCATION:
Records are maintained at U.S.
Immigration and Customs Enforcement
Headquarters in Washington, DC and in
field offices, and electronic records are
maintained in Laboratory Information
Management System (LIMS), Imaged
Documents & Exemplars Library
(IDEAL), and other IT systems.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Categories of individuals covered by
this system include:
1. Individuals whose information is
contained on United States or
international travel and identity
documents, such as driver’s licenses,
passports, and other forms of
identification, that are maintained in the
HSI–FL Library;
2. Individuals whose information is
contained on United States or
international travel and identity
documents, such as driver’s licenses,
passports, and other forms of
identification, that are provided to the
HSI–FL for forensic examination during
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a criminal or administrative law
enforcement investigation;
3. Individuals who are the subjects of
current or previous law enforcement
investigations by other domestic or
foreign agencies where the HSI–FL is
providing support and assistance;
4. Individuals who are the subjects of
current or previous law enforcement
investigations into violations of U.S.
customs and immigration laws, as well
as other laws and regulations within
ICE’s jurisdiction, including
investigations led by other domestic or
foreign agencies, where the HSI–FL is
providing support and assistance; and
5. Individuals whose image or voice
may be captured on video or audio files
when the HSI–FL is provided the file to
perform technical enhancements of the
file.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system
include:
1. Biographic, descriptive, historical,
and other identifying data, including:
Names; photographs; fingerprint
identification number; date and place of
birth; passport and other travel
document information; nationality;
aliases; Alien Registration Number
(A–Number); Social Security number;
other identification numbers, contact or
location information (e.g., known or
possible addresses, phone numbers);
visa information; employment,
educational, immigration, and criminal
history; height, weight, eye color, hair
color, and other unique physical
characteristics (e.g., scars and tattoos).
2. Fingerprints or palm prints of
individuals whose information is
provided to the HSI–FL for forensic
examination.
3. Case-related data, including: Case
number, record number, and other data
describing an event involving alleged
violations of criminal or immigration
law (such as, location, date, time, event
category (event categories describe
broad categories of criminal law
enforcement, such as immigration
worksite enforcement, contraband
smuggling, and human trafficking));
types of criminal or immigration law
violations alleged; types of property
involved; use of violence, weapons, or
assault against DHS personnel or third
parties; attempted escape; and other
related information. ICE case
management information, including:
Case category; case agent; date initiated;
and date completed.
4. Birth, marriage, education,
employment, travel, and other
information derived from affidavits,
certificates, manifests, and other
documents presented to or collected by
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ICE during immigration and law
enforcement proceedings or activities.
This data typically pertains to subjects,
relatives, and witnesses.
5. Data concerning personnel of other
agencies that arrested, or assisted or
participated in the arrest or
investigation of, or are maintaining
custody of an individual whose arrest
record is contained in this system of
records. This can include: name; title;
agency name; address; telephone
number; and other information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1103, 18 U.S.C. 496, 18
U.S.C. 911, 18 U.S.C. 1001, 18 U.S.C.
1028, 18 U.S.C. 1425, 18 U.S.C. 1426, 18
U.S.C. 1427, 18 U.S.C. 1541, 18 U.S.C.
1543, and 18 U.S.C. 1546.
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PURPOSE(S):
The purposes of this system are to:
1. Maintain records related to the
scientific authentication, examination,
research, and analysis of travel and
identity documents, fingerprints, and
palm prints in accordance with
established laboratory policies and
procedures, scientific principles, and
accreditation standards.
2. Maintain a library of travel and
identity documents and associated
reference materials for use in forensic
examinations, investigations, training,
and other activities.
3. Support the forensic examinations
on a full range of documents, including
but not limited to, passports, visas,
driver’s licenses, identification cards,
border crossing cards, handwritten
documents, vital records, and
typewritten documents. The analysis
may include, but is not limited to, an
examination of handwriting, hand
printing, typewriting, printing
processes, security features, papers,
inks, and stamp impressions.
4. Maintain records facilitating the
preparation of written laboratory reports
and delivery of expert witness
testimony in legal proceedings.
5. Support the provision of training in
fraudulent document detection, creation
of document intelligence alerts and
reference guides, and provision of direct
assistance to federal, state and local
agencies, as well as foreign governments
and commercial entities to combat
document fraud.
6. Provide assistance within ICE and
to domestic and foreign agencies to
support the identification and arrest of
individuals (both citizens and noncitizens) who commit violations of law.
7. To identify potential criminal
activity, immigration violations, and
threats to homeland security; to uphold
and enforce the law; and to ensure
public safety.
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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 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
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
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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. When a record, either on its face
or in conjunction with other
information, indicates a violation or
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 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 or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity
when the government has agreed to
represent the employee; or
4. The United States, when DHS
determines that litigation is likely to
affect DHS or any of its components.
I. To federal, state, local, tribal,
territorial, or foreign government
agencies, as well as to other individuals
and organizations during the course of
an investigation by DHS or the
processing of a matter under DHS’s
jurisdiction, or during a proceeding
within the purview of the immigration
and nationality laws, when DHS deems
that such disclosure is necessary to
carry out its functions and statutory
mandates or to elicit information
required by DHS to carry out its
functions and statutory mandates.
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J. To federal, state, local, tribal, or
territorial government agencies seeking
to verify or ascertain the citizenship or
immigration status of any individual
within the jurisdiction of the agency for
any purpose authorized by law.
K. To federal, state, local, tribal, or
territorial government agencies, or other
entities or individuals, or through
established liaison channels to selected
foreign governments, in order to provide
intelligence, counterintelligence, or
other information for the purposes of
national security, intelligence,
counterintelligence, or antiterrorism
activities authorized by U.S. law,
Executive Order, or other applicable
national security directive.
L. To federal, state, local, tribal,
territorial, or foreign government
agencies or organizations, or
international organizations, lawfully
engaged in collecting law enforcement
intelligence, whether civil or criminal,
to enable these entities to carry out their
law enforcement responsibilities,
including the collection of law
enforcement intelligence.
M. To international, foreign,
intergovernmental, and multinational
government agencies, authorities, and
organizations in accordance with law
and formal or informal international
arrangements.
N. To federal and foreign government
intelligence or counterterrorism
agencies or components when DHS
becomes aware of an indication of a
threat or potential threat to national or
international security, or when such
disclosure is to support the conduct of
national intelligence and security
investigations or to assist in antiterrorism efforts.
O. 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.
P. To federal, state, local, territorial,
tribal, international, or foreign criminal,
civil, or regulatory law enforcement
authorities when the information is
necessary for collaboration,
coordination, and de-confliction of
investigative matters, prosecutions, and/
or other law enforcement actions to
avoid duplicative or disruptive efforts,
and to ensure the safety of law
enforcement officers who may be
working on related law enforcement
matters.
Q. To the Department of State in the
processing of petitions or applications
for benefits under the Immigration and
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Nationality Act, and all other
immigration and nationality laws
including treaties and reciprocal
agreements; or when the Department of
State requires information to consider
and/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.
R. To the Department of State to
provide read-only access of records
maintained in the Imaged Documents
and Exemplars Library to assist the
Department of State with its validation
of travel and identity documents.
S. To federal, state, local, tribal,
territorial, or foreign government
agencies for purposes of completing and
providing results of requested forensic
examinations to the requesting agency.
T. To the Department of Justice
(including offices of the United States
Attorneys) or other federal agency
conducting litigation or in proceedings
before any court, adjudicative, or
administrative body, when necessary to
assist in the development of such
agency’s legal and/or policy position.
U. To the U.S. Senate Committee on
the Judiciary or the U.S. House of
Representatives Committee on the
Judiciary when necessary to inform
members of Congress about an alien
who is being considered for private
immigration relief.
V. To federal, state, local, tribal,
territorial, international, or foreign
government agencies or entities for the
purpose of consulting with that agency
or entity: (1) To assist in making a
determination regarding redress for an
individual in connection with the
operations of a DHS component or
program; (2) to verify the identity of an
individual seeking redress in
connection with the operations of a DHS
component or program; or (3) to verify
the accuracy of information submitted
by an individual who has requested
such redress on behalf of another
individual.
W. 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.
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DISCLOSURE TO CONSUMER REPORTING
AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING,
RETRIEVING, ACCESSING, RETAINING, AND
DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
ICE stores records in this system
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records may be stored
in hard copy and electronically on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:
ICE may retrieve records by name;
identification numbers including case or
record number if applicable; other
personal identification numbers
including Alien Registration Number
(A–Number), fingerprint identification
number, and other personal
identification numbers; and case related
data and/or combination of other
personal identifiers including, but not
limited to, date of birth and nationality.
SAFEGUARDS:
ICE safeguards records in this system
in accordance with applicable rules and
policies, including all applicable DHS
automated systems security and access
policies. Strict controls have been
imposed to minimize the risk of
compromising the information that is
being stored. Access to the computer
system containing the records in this
system is limited to those individuals
who have a need to know the
information for the performance of their
official duties and who have appropriate
clearances or permissions.
RETENTION AND DISPOSAL:
The current approved ICE records
disposition authority states that all case
files not pertaining to war crimes be
destroyed five years after the date of
completion of the forensic examination.
War crime case files are unscheduled at
this time, and thus are deemed
permanent records.
A new records schedule is currently
being reviewed, and once approved,
will provide lengthier retention periods
than the current schedule. ICE is
proposing that case files related to
significant cases such as war crimes,
terrorism, and homicide cases should be
retained at ICE for 20 years after
completion of the investigation and all
actions based thereon, and then
transferred to the National Archives for
permanent retention.
Once the schedules are approved, the
SORN will be updated to reflect the
changes.
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SYSTEM MANAGER AND ADDRESS:
U.S. Immigration and Customs
Enforcement, Homeland Security
Investigations Forensic Laboratory, Unit
Chief, 8000 West Park Drive, McLean,
VA 22102–3105.
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NOTIFICATION PROCEDURE:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act because it
is a law enforcement system. However,
DHS/ICE will consider individual
requests to determine whether or not
information may be released. Thus,
individuals seeking notification of, and
access to, any record contained in this
system of records, or seeking to contest
its content, may submit a request in
writing to ICE’s 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
Freedom of Information Act Officer,
Department of Homeland Security, 245
Murray Drive SW., Building 410, STOP–
0655, Washington, DC 20528.
When seeking records about yourself
from this system of records or any other
Departmental system of records, your
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. You must first verify your identity,
meaning that you must provide your full
name, current address, as well as your
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/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
VerDate Sep<11>2014
19:33 Jul 13, 2016
Jkt 238001
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 a lack of
specificity or a lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURES:
See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:
See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:
Records in the system are supplied by
several sources. In general, ICE obtains
information from federal, state, local,
tribal, or foreign governments. More
specifically, DHS/ICE–014 records are
derived from the following sources: (a)
Other federal, state, local, tribal, or
foreign governments and government
information systems; and (b) evidence,
contraband, and other seized material.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2), has
exempted this system from the
following provisions of the Privacy Act
5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1),
(e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I),
(e)(5), (e)(8); (f); and (g). Additionally,
the Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(k)(2), has
exempted this system from the
following provisions of the Privacy Act:
5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). When a record
received from another system has been
exempted in that source system under 5
U.S.C. 552a(j)(2), DHS will claim the
same exemptions for those records that
are claimed for the original primary
systems of records from which they
originated and claims any additional
exemptions in accordance with this
rule.
Dated: June 23, 2016.
Karen L. Neuman
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2016–16587 Filed 7–13–16; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
[16XD4523WS DWSNN0000.XD0000
DS67010000 DP67012]
Privacy Act of 1974, as Amended;
Notice To Amend an Existing System
of Records
AGENCY:
PO 00000
Office of the Secretary, Interior.
Frm 00079
Fmt 4703
Sfmt 4703
45527
Notice of amendment to an
existing system of records.
ACTION:
Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of the Interior is issuing
a public notice of its intent to amend the
Department of the Interior Privacy Act
system of records, ‘‘Privacy Act Files—
Interior, DOI–57’’, to add new routine
uses, and update existing routine uses,
system location, categories of
individuals covered by the system,
categories of records in the system,
authority for maintenance of the system,
storage, safeguards, retention and
disposal, system manager and address,
notification procedures, records access
and contesting procedures, records
source categories, and exemption
sections.
DATES: Comments must be received by
August 15, 2016. This amended system
will be effective August 15, 2016.
ADDRESSES: Any person interested in
commenting on this amendment may do
so by: Submitting comments in writing
to Teri Barnett, Departmental Privacy
Officer, U.S. Department of the Interior,
1849 C Street NW., Mail Stop 5545 MIB,
Washington, DC 20240; hand-delivering
comments to Teri Barnett, Departmental
Privacy Officer, U.S. Department of the
Interior, 1849 C Street NW., Mail Stop
5545 MIB, Washington, DC 20240; or
emailing comments to Privacy@
ios.doi.gov.
FOR FURTHER INFORMATION CONTACT:
Departmental Privacy Officer, U.S.
Department of the Interior, 1849 C Street
NW., Mail Stop 5547 MIB, Washington,
DC 20240; or by telephone at 202–208–
1605.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The Department of the Interior (DOI)
maintains the ‘‘Privacy Act Files—
Interior, DOI–57’’ system of records.
This system enables DOI to efficiently
manage Privacy Act Program activities;
supports the processing and tracking of
notification, record access and
amendment requests, and
administrative appeals under the
Privacy Act; conduct and manage
complaints; supports agency
participation in litigation arising from
such requests, complaints, and appeals;
and carry out any other responsibilities
under the provisions of the Privacy Act.
DOI is publishing this amended notice
to reflect updated information in the
system location, categories of
individuals covered by the system,
categories of records in the system,
authority for maintenance of the system,
storage, safeguards, retention and
E:\FR\FM\14JYN1.SGM
14JYN1
Agencies
[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45523-45527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16587]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2016-0041]
Privacy Act of 1974; Department of Homeland Security/U.S.
Immigration and Customs Enforcement-014 Homeland Security
Investigations Forensic Laboratory System of Records
AGENCY: Department of Homeland Security, Privacy Office.
ACTION: Notice of amendment of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to update and reissue a current DHS
system of records titled, ``Department of Homeland Security/U.S.
Immigration and Customs Enforcement-014 Homeland Security
Investigations Forensic Laboratory (HSI-FL) System of Records.'' This
system of records allows the DHS/U.S. Immigration and Customs
Enforcement (ICE) to collect and maintain records by the HSI-FL. The
HSI-FL is a U.S. crime laboratory specializing in scientific
authentication; forensic examination; research, analysis, and training
related to travel and identity documents; latent and patent finger and
palm prints; and audio and video files in support of law enforcement
investigations and activities by DHS and other agencies. As a result of
a biennial review of this system, DHS/ICE is updating this system of
records notice to include minor changes that were made to make the
wording consistent with the routine uses of other ICE System of Records
Notice (SORN) and in accordance with Appendix I to the Office of
Management and Budget (OMB) Circular A-130, Federal Agency
Responsibilities for Maintaining Records About Individuals. DHS/ICE
made minor changes to: Routine Use G that supports ICE's sharing of
information with domestic and international law enforcement agencies
when there is a violation, or potential criminal, civil, or regulatory
violation of law, rule, regulation, or order; Routine Use H that
supports parties involved in court litigation when DHS is a party or
has an interest; Routine Use V that supports DHS in making a
determination regarding redress for an individual; and the retention
and disposal section has been updated to note that the current approved
ICE records disposition authority states that all case files, other
than war crime cases be destroyed five years after the date of
completion of the forensic examination. War crime cases are unscheduled
at this time, and thus deemed permanent records.
In addition, a new schedule is currently being reviewed and once
approved will provide lengthier retention periods than the current
schedule. ICE is proposing that case files related to significant cases
such as war crimes, terrorism, and homicide cases should be retained at
ICE for 20 years after completion of the investigation and all actions
based thereon, and then transferred to the National Archives for
permanent retention. Once the schedules are approved the SORN will be
updated to reflect the changes. The exemptions for the existing SORN
will continue to be unchanged. This updated system will be included in
DHS's inventory of record systems.
DATES: Submit comments on or before August 15, 2016. This updated
system will be effective August 15, 2016.
ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0041 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 20528-0655.
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:
Lyn Rahilly, Privacy Officer, (202) 732-3300, U.S. Immigration and
Customs Enforcement, 500 12th Street SW., Mail Stop 5004, Washington,
DC 20536, email: ICEPrivacy@dhs.gov. For privacy questions, please
contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
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 reissue a current DHS system
of records titled, ``DHS/ICE-014 Homeland Security Investigations
Forensic Laboratory System of Records.''
The Homeland Security Investigations Forensic Laboratory (HSI-FL)
is an accredited crime laboratory located within ICE's Office of
Homeland Security Investigations (HSI) that provides a broad range of
forensic, intelligence, and investigative support services for ICE,
DHS, and many other U.S. and foreign law enforcement agencies. The HSI-
FL is the only U.S. crime laboratory specializing in scientific
authentication; forensic examination; research, analysis, and training
related to travel and identity documents; latent and patent finger and
palm prints; and audio and video files
[[Page 45524]]
in support of law enforcement investigations and activities by DHS and
other agencies.
As a result of a biennial review of this system, DHS/ICE is
updating this SORN to include minor changes to make the wording
consistent with the routine uses of other ICE SORNs and in accordance
with Appendix I to OMB Circular A-130, Federal Agency Responsibilities
for Maintaining Records About Individuals. DHS/ICE made minor changes
to routine use G to support ICE's sharing of information with domestic
and international law enforcement agencies when there is a violation,
or potential criminal, civil, or regulatory violation of rule,
regulation, or order; routine use H to support parties involved in
litigation before a court or adjudicative body when DHS is a party or
has an interest; and routine use V to support DHS in making a
determination regarding redress for an individual. These changes are
not intended to alter the purpose of these routine uses but to ensure
that ICE's SORNs are using consistent and clear routine use language.
Finally, the retention and disposal section has been updated to note
the current approved ICE records disposition authority states that all
case files, other than war crime cases, be destroyed five years after
the date of completion of the forensic examination. War crime cases are
unscheduled records at this time, and thus deemed permanent records
until a retention period has been approved by the National Archivist.
In addition, a new schedule is currently being reviewed and once
approved will provide lengthier retention periods than the current
schedule. ICE is proposing that case files related to significant cases
such as war crimes, terrorism, and homicide cases should be retained at
ICE for 20 years after completion of the investigation and all actions
based thereon, and then transferred to the National Archives for
permanent retention. Once the schedules are approved the SORN will be
updated to reflect the changes.
DHS/ICE issued a Final Rule to exempt this system of records from
certain provisions of the Privacy Act on April 2, 2014 (79 FR 18441).
These regulations remain in effect. This updated 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. 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/ICE-014 Homeland Security
Investigations Forensic Laboratory 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)-014.
System name:
DHS/ICE-014 Homeland Security Investigations Forensic Laboratory
(HSI-FL).
Security classification:
Law enforcement sensitive.
System location:
Records are maintained at U.S. Immigration and Customs Enforcement
Headquarters in Washington, DC and in field offices, and electronic
records are maintained in Laboratory Information Management System
(LIMS), Imaged Documents & Exemplars Library (IDEAL), and other IT
systems.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
1. Individuals whose information is contained on United States or
international travel and identity documents, such as driver's licenses,
passports, and other forms of identification, that are maintained in
the HSI-FL Library;
2. Individuals whose information is contained on United States or
international travel and identity documents, such as driver's licenses,
passports, and other forms of identification, that are provided to the
HSI-FL for forensic examination during a criminal or administrative law
enforcement investigation;
3. Individuals who are the subjects of current or previous law
enforcement investigations by other domestic or foreign agencies where
the HSI-FL is providing support and assistance;
4. Individuals who are the subjects of current or previous law
enforcement investigations into violations of U.S. customs and
immigration laws, as well as other laws and regulations within ICE's
jurisdiction, including investigations led by other domestic or foreign
agencies, where the HSI-FL is providing support and assistance; and
5. Individuals whose image or voice may be captured on video or
audio files when the HSI-FL is provided the file to perform technical
enhancements of the file.
Categories of records in the system:
Categories of records in this system include:
1. Biographic, descriptive, historical, and other identifying data,
including: Names; photographs; fingerprint identification number; date
and place of birth; passport and other travel document information;
nationality; aliases; Alien Registration Number (A-Number); Social
Security number; other identification numbers, contact or location
information (e.g., known or possible addresses, phone numbers); visa
information; employment, educational, immigration, and criminal
history; height, weight, eye color, hair color, and other unique
physical characteristics (e.g., scars and tattoos).
2. Fingerprints or palm prints of individuals whose information is
provided to the HSI-FL for forensic examination.
3. Case-related data, including: Case number, record number, and
other data describing an event involving alleged violations of criminal
or immigration law (such as, location, date, time, event category
(event categories describe broad categories of criminal law
enforcement, such as immigration worksite enforcement, contraband
smuggling, and human trafficking)); types of criminal or immigration
law violations alleged; types of property involved; use of violence,
weapons, or assault against DHS personnel or third parties; attempted
escape; and other related information. ICE case management information,
including: Case category; case agent; date initiated; and date
completed.
4. Birth, marriage, education, employment, travel, and other
information derived from affidavits, certificates, manifests, and other
documents presented to or collected by
[[Page 45525]]
ICE during immigration and law enforcement proceedings or activities.
This data typically pertains to subjects, relatives, and witnesses.
5. Data concerning personnel of other agencies that arrested, or
assisted or participated in the arrest or investigation of, or are
maintaining custody of an individual whose arrest record is contained
in this system of records. This can include: name; title; agency name;
address; telephone number; and other information.
Authority for maintenance of the system:
8 U.S.C. 1103, 18 U.S.C. 496, 18 U.S.C. 911, 18 U.S.C. 1001, 18
U.S.C. 1028, 18 U.S.C. 1425, 18 U.S.C. 1426, 18 U.S.C. 1427, 18 U.S.C.
1541, 18 U.S.C. 1543, and 18 U.S.C. 1546.
Purpose(s):
The purposes of this system are to:
1. Maintain records related to the scientific authentication,
examination, research, and analysis of travel and identity documents,
fingerprints, and palm prints in accordance with established laboratory
policies and procedures, scientific principles, and accreditation
standards.
2. Maintain a library of travel and identity documents and
associated reference materials for use in forensic examinations,
investigations, training, and other activities.
3. Support the forensic examinations on a full range of documents,
including but not limited to, passports, visas, driver's licenses,
identification cards, border crossing cards, handwritten documents,
vital records, and typewritten documents. The analysis may include, but
is not limited to, an examination of handwriting, hand printing,
typewriting, printing processes, security features, papers, inks, and
stamp impressions.
4. Maintain records facilitating the preparation of written
laboratory reports and delivery of expert witness testimony in legal
proceedings.
5. Support the provision of training in fraudulent document
detection, creation of document intelligence alerts and reference
guides, and provision of direct assistance to federal, state and local
agencies, as well as foreign governments and commercial entities to
combat document fraud.
6. Provide assistance within ICE and to domestic and foreign
agencies to support the identification and arrest of individuals (both
citizens and non-citizens) who commit violations of law.
7. To identify potential criminal activity, immigration violations,
and threats to homeland security; to uphold and enforce the law; and to
ensure public safety.
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 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 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, 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. When a record, either on its face or in conjunction with other
information, indicates a violation or 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 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when the government has agreed to represent the employee; or
4. The United States, when DHS determines that litigation is likely
to affect DHS or any of its components.
I. To federal, state, local, tribal, territorial, or foreign
government agencies, as well as to other individuals and organizations
during the course of an investigation by DHS or the processing of a
matter under DHS's jurisdiction, or during a proceeding within the
purview of the immigration and nationality laws, when DHS deems that
such disclosure is necessary to carry out its functions and statutory
mandates or to elicit information required by DHS to carry out its
functions and statutory mandates.
[[Page 45526]]
J. To federal, state, local, tribal, or territorial government
agencies seeking to verify or ascertain the citizenship or immigration
status of any individual within the jurisdiction of the agency for any
purpose authorized by law.
K. To federal, state, local, tribal, or territorial government
agencies, or other entities or individuals, or through established
liaison channels to selected foreign governments, in order to provide
intelligence, counterintelligence, or other information for the
purposes of national security, intelligence, counterintelligence, or
antiterrorism activities authorized by U.S. law, Executive Order, or
other applicable national security directive.
L. To federal, state, local, tribal, territorial, or foreign
government agencies or organizations, or international organizations,
lawfully engaged in collecting law enforcement intelligence, whether
civil or criminal, to enable these entities to carry out their law
enforcement responsibilities, including the collection of law
enforcement intelligence.
M. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law and formal or informal international arrangements.
N. To federal and foreign government intelligence or
counterterrorism agencies or components when DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or when such disclosure is to support the conduct of national
intelligence and security investigations or to assist in anti-terrorism
efforts.
O. 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.
P. To federal, state, local, territorial, tribal, international, or
foreign criminal, civil, or regulatory law enforcement authorities when
the information is necessary for collaboration, coordination, and de-
confliction of investigative matters, prosecutions, and/or other law
enforcement actions to avoid duplicative or disruptive efforts, and to
ensure the safety of law enforcement officers who may be working on
related law enforcement matters.
Q. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws including treaties and
reciprocal agreements; or when the Department of State requires
information to consider and/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.
R. To the Department of State to provide read-only access of
records maintained in the Imaged Documents and Exemplars Library to
assist the Department of State with its validation of travel and
identity documents.
S. To federal, state, local, tribal, territorial, or foreign
government agencies for purposes of completing and providing results of
requested forensic examinations to the requesting agency.
T. To the Department of Justice (including offices of the United
States Attorneys) or other federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when necessary to assist in the development of such agency's legal and/
or policy position.
U. To the U.S. Senate Committee on the Judiciary or the U.S. House
of Representatives Committee on the Judiciary when necessary to inform
members of Congress about an alien who is being considered for private
immigration relief.
V. To federal, state, local, tribal, territorial, international, or
foreign government agencies or entities for the purpose of consulting
with that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a DHS component or program; (2) to verify the identity of an
individual seeking redress in connection with the operations of a DHS
component or program; or (3) to verify the accuracy of information
submitted by an individual who has requested such redress on behalf of
another individual.
W. 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:
ICE stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored in hard copy and electronically on magnetic disc, tape,
digital media, and CD-ROM.
Retrievability:
ICE may retrieve records by name; identification numbers including
case or record number if applicable; other personal identification
numbers including Alien Registration Number (A-Number), fingerprint
identification number, and other personal identification numbers; and
case related data and/or combination of other personal identifiers
including, but not limited to, date of birth and nationality.
Safeguards:
ICE safeguards records in this system in accordance with applicable
rules and policies, including all applicable DHS automated systems
security and access policies. Strict controls have been imposed to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
Retention and disposal:
The current approved ICE records disposition authority states that
all case files not pertaining to war crimes be destroyed five years
after the date of completion of the forensic examination. War crime
case files are unscheduled at this time, and thus are deemed permanent
records.
A new records schedule is currently being reviewed, and once
approved, will provide lengthier retention periods than the current
schedule. ICE is proposing that case files related to significant cases
such as war crimes, terrorism, and homicide cases should be retained at
ICE for 20 years after completion of the investigation and all actions
based thereon, and then transferred to the National Archives for
permanent retention.
Once the schedules are approved, the SORN will be updated to
reflect the changes.
[[Page 45527]]
System Manager and address:
U.S. Immigration and Customs Enforcement, Homeland Security
Investigations Forensic Laboratory, Unit Chief, 8000 West Park Drive,
McLean, VA 22102-3105.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, DHS/ICE will consider
individual requests to determine whether or not information may be
released. Thus, individuals seeking notification of, and access to, any
record contained in this system of records, or seeking to contest its
content, may submit a request in writing to ICE's 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 Freedom of Information Act Officer,
Department of Homeland Security, 245 Murray Drive SW., Building 410,
STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR part 5. You must
first verify your identity, meaning that you must provide your full
name, current address, as well as your 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/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 a
lack of specificity or a lack of compliance with applicable
regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records in the system are supplied by several sources. In general,
ICE obtains information from federal, state, local, tribal, or foreign
governments. More specifically, DHS/ICE-014 records are derived from
the following sources: (a) Other federal, state, local, tribal, or
foreign governments and government information systems; and (b)
evidence, contraband, and other seized material.
Exemptions claimed for the system:
The Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(j)(2), has exempted this system from the following provisions of
the Privacy Act 5 U.S.C. 552a(c)(3), (c)(4); (d); (e)(1), (e)(2),
(e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5), (e)(8); (f); and (g).
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C.
552a(k)(2), has exempted this system from the following provisions of
the Privacy Act: 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). When a record received from another
system has been exempted in that source system under 5 U.S.C.
552a(j)(2), DHS will claim the same exemptions for those records that
are claimed for the original primary systems of records from which they
originated and claims any additional exemptions in accordance with this
rule.
Dated: June 23, 2016.
Karen L. Neuman
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-16587 Filed 7-13-16; 8:45 am]
BILLING CODE 9111-28-P