Privacy Act of 1974; System of Records, 20905-20909 [2017-09025]
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Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices
maps and mapping activities to revise
and update Flood Insurance Rate Maps;
and (3) a summary of recommendations
made by the Council to the FEMA
Administrator.
Agenda: On Tuesday, May 23, 2017,
the TMAC will review and discuss the
outlines and draft content for each of
the three TMAC 2017 Annual Report
topics: (1) Floodplain Management and
Mitigation, (2) Residual Risk, and (3)
Future Conditions. A brief public
comment period will take place during
the meeting. A more detailed agenda
will be posted by Tuesday, May 16,
2017, at https://www.fema.gov/TMAC.
Dated: April 26, 2017.
Roy E. Wright,
Deputy Associate Administrator for Insurance
and Mitigation, Federal Emergency
Management Agency.
[FR Doc. 2017–08952 Filed 5–3–17; 8:45 am]
BILLING CODE 9110–12–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2017–0001]
Privacy Act of 1974; System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of new Privacy Act
system of records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security proposes to
establish a new Department of
Homeland Security system of records
titled, ‘‘Department of Homeland
Security/Immigration and Customs
Enforcement–016 FALCON Search and
Analysis System of Records.’’ FALCON
Search and Analysis is a consolidated
information management system that
enables ICE law enforcement and
homeland security personnel to search,
analyze, and visualize volumes of
existing information in support of ICE’s
mission to enforce and investigate
violations of U.S. criminal, civil, and
administrative laws. Additionally,
elsewhere in the Federal Register, the
Department of Homeland Security is
issuing a Notice of Proposed
Rulemaking to exempt this system of
records from certain provisions of the
Privacy Act because of the law
enforcement sensitivity of the data
contributed to and produced within the
system of records. This newly
established system will be included in
the Department of Homeland Security’s
inventory of record systems.
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SUMMARY:
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Submit comments on or before
June 5, 2017. This new system will be
effective June 5, 2017.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2017–0001 by one of the following
methods:
• Federal e-Rulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Fax: 202–343–4010.
• Mail: Jonathan R. Cantor, Acting
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
FOR FURTHER INFORMATION CONTACT: For
general questions, please contact:
Amber Smith (202) 732–3300, Privacy
Officer, U.S. Immigration and Customs
Enforcement. For privacy questions,
please contact: Jonathan R. Cantor, (202)
343–1717, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
DATES:
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 establish a new DHS
system of records titled, ‘‘DHS/
Immigration and Customs Enforcement–
016 FALCON Search and Analysis
System of Records.’’
U.S. Immigration and Customs
Enforcement (ICE) is establishing a
consolidated information management
system to enable its personnel to search,
analyze, and visualize volumes of
existing information in support of ICE’s
mission to enforce and investigate
violations of U.S. criminal, civil, and
administrative laws. The FALCON
Search and Analysis (FALCON–SA)
System of Records describes the
operation of an ICE information
technology system of the same name,
which is owned by ICE’s Office of
Homeland Security Investigations (HSI).
This system contains a repository of
data that is ingested on a routine or ad
hoc basis from other existing sources,
and an index created from that data to
be used for research and analysis in
support of ICE HSI’s law enforcement
mission. FALCON–SA incorporates
tools that allow the data to be queried,
analyzed, and presented in a variety of
formats that can help illuminate
relationships among the various data
elements. The purpose of FALCON–SA
is to help ICE HSI personnel conduct
research and analysis using advanced
analytic tools in support of their law
enforcement mission.
This system of records ingests and
aggregates data from a number of
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interfaces that fall under the FALCON
umbrella, including the FALCON–Tip
Line, FALCON–Data Analysis &
Research for Trade Transparency
System (DARTTS), and FALCON–
Roadrunner. All data aggregated from
these interfaces, and user access is
controlled through a combination of
data tagging, access control lists, and
other technologies. Using a central data
store for FALCON data eliminates the
need for multiple copies of the data and
streamlines the application of many
security and privacy controls. Only data
accessed via FALCON–SA is covered by
the DHS/ICE–016 FALCON–SA System
of Records Notice (SORN). However, the
other interfaces are covered by other ICE
SORNs, as specified in the System
Location section of the SORN. Separate
SORNs are appropriate because the data,
purposes, and routine uses differ
depending on which FALCON interface
is being used.
FALCON–SA Data
Information included in FALCON–SA
is ingested either on a routine or ad hoc
basis. Routine ingests are regular
updates to datasets that originate from
other Government (typically ICE or
DHS) data systems. A list of routine
ingests into the FALCON general data
storage environment that is accessible
via FALCON–SA is available in the
FALCON–SA Privacy Impact
Assessment at www.dhs.gov/privacy.
Ad hoc ingests are user-driven ingests
of particular data that may be relevant
to a given user or group’s investigative
or analytical project in FALCON–SA.
The nature of the data in ad hoc ingests
varies from data collected from a
commercial or public source (e.g.,
Internet research or from a commercial
data service), to public reports of law
enforcement violations or suspicious
activity (tips), to digital records seized
or subpoenaed during an investigation.
All ad hoc ingests are tagged by the
FALCON–SA user with the appropriate
category description, and that tag
controls the retention policy for that
data. The ad hoc ingest category
description list is included in the
FALCON–SA Privacy Impact
Assessment at www.dhs.gov/privacy.
FALCON–SA records may include
some or all of the following types of
personally identifiable information:
Identifying and biographic data such as
name and date of birth; citizenship and
immigration data; border crossing data;
customs import-export history; criminal
history; contact information; criminal
associates; family relationships;
photographs and other media; and
employment and education information.
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FALCON–SA also contains an index,
which is a numerical and alphabetical
list of every word or string of numbers/
characters found in the FALCON–SA
database, with a reference to the
electronic location where the
corresponding source record is stored.
FALCON–SA uses this index to conduct
searches, identify relationships and
links between records and data, and
generate visualizations for analytic
purposes. FALCON–SA also contains
metadata that is created when the
myriad sources of data are ingested. The
metadata is used to apply access
controls and other system rules (such as
retention policies) to the contents of
FALCON–SA. The metadata also
provides important contextual
information about the date the
information was added to FALCON–SA
and the source system where the data
originated.
The data sets in FALCON–SA include
tips submitted to ICE either through an
online form on the ICE Web site or by
calling the HSI Tip Line. These tips are
created electronically using the
FALCON–Tip Line interface, or may be
manually entered by HSI’s Cyber Crimes
Center when the tips pertain to child
exploitation crimes. Once HSI
adjudicates the tips for action, the tips
are then accessible to all HSI users via
the FALCON–SA interface.
Uses of FALCON–SA
ICE HSI agents, criminal research
specialists, and intelligence analysts
query FALCON–SA for a variety of
purposes: To conduct research that
supports the production of law
enforcement intelligence products; to
provide lead information for
investigative inquiry and follow-up; to
assist in the conduct of ICE criminal,
civil, and administrative investigations;
to assist in the disruption of terrorist or
other criminal activity; and to discover
previously unknown connections
among existing ICE investigations.
These queries can be saved in
FALCON–SA to eliminate the need to
recreate them each time a user logs on.
Strong access controls and a robust
audit function ensure that ICE’s use of
the system is predicated on homeland
security, law enforcement, and law
enforcement intelligence activities. This
requirement is enforced by a governance
group composed of leadership from HSI
with oversight by ICE’s legal, privacy
and civil liberties offices.
While ICE previously relied on the
DHS/ICE–006 ICE Intelligence Records
System (IIRS) SORN, last published at
75 FR 9233 (Mar. 1, 2010), to maintain
FALCON–SA records, it was determined
that a separate system of records notice
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will provide greater transparency and
allow ICE to more accurately describe
the records accessible via FALCON–SA.
FALCON–Tip Line records were
previously covered by the DHS/ICE–007
Alien Criminal Response Information
Management (ACRIMe) SORN, but the
FALCON–SA SORN will now cover
those records instead. This change is
due to the fact that Tip Line records
have migrated out of the ACRIMe
system into the FALCON environment
and that once created, the official
repository for FALCON–Tip Line
records is the FALCON general data
storage environment.
This SORN will cover data that is
accessible via FALCON–SA’s user
interface only, and does not cover data
that is accessed via other FALCON
interfaces, such as Roadrunner and
DARTTS, which are covered by the
DHS/ICE–005 Trade Transparency and
Analysis Records (TTAR) SORN.
Additional information about
FALCON–SA can be found in the
Privacy Impact Assessments published
for FALCON–SA and FALCON–Tip
Line, available at https://www.dhs.gov/
privacy-documents-ice.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/ICE–016 FALCON–SA 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, ICE may share information
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.
Additionally, DHS is issuing a Notice
of Proposed Rulemaking to exempt this
system of records from certain
provisions of the Privacy Act elsewhere
in the Federal Register. This newly
established system will be included in
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
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individual is defined to encompass U.S.
citizens and lawful permanent
residents. Additionally, and similarly,
the Judicial Redress Act (JRA) provides
a statutory right to covered persons to
make requests for access and
amendment to covered records, as
defined by the JRA, along with judicial
review for denials of such requests. In
addition, the JRA prohibits disclosures
of covered records, except as otherwise
permitted by the Privacy Act.
Below is the description of the DHS/
ICE–016 FALCON–SA 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 NAME AND NUMBER:
DHS/ICE–016 FALCON–Search and
Analysis (FALCON–SA).
SECURITY CLASSIFICATION:
Unclassified; Law Enforcement
Sensitive; and For Official Use Only.
SYSTEM LOCATION:
DHS/ICE maintains records in DHS
data centers. This SORN applies to all
records available to users through the
FALCON–SA interface. This SORN also
applies to all records created through
the FALCON–Tip Line interface.
SYSTEM MANAGER(S):
Assistant Director for Information
Management Directorate, Homeland
Security Investigations, U.S.
Immigration and Customs Enforcement,
500 12th Street SW., Washington, DC
20536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1103, 1105; 8 U.S.C.
1225(d)(3) and (d)(4)(A); 8 U.S.C.
1324a(e)(2)(C); 8 U.S.C. 1357; 8 U.S.C.
1360(b); 18 U.S.C. 2703; 19 U.S.C. 1509;
19 U.S.C. 1589a; 19 U.S.C. 1628; 21
U.S.C. 967; and 50 U.S.C. 2411(a).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records
is to permit ICE law enforcement and
homeland security personnel to search,
aggregate, analyze, and visualize
volumes of existing information in
support of ICE’s mission to enforce and
investigate violations of U.S. criminal
and administrative laws. FALCON–SA
allows ICE HSI agents, criminal research
specialists, and intelligence analysts to
conduct research in order to produce
law enforcement intelligence, provide
lead information for investigative
inquiry and follow-up, assist in the
conduct of ICE investigations and the
disruption of criminal (including
terrorist) activity, and discover
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previously unknown connections
among ICE investigations.
This system of records also supports
the operation of the agency’s Tip Line
to collect, analyze, and act on
information volunteered by the public
and other sources concerning suspicious
and potentially illegal activity.
This system of records also supports
the identification of potential criminal
activity, immigration violations, and
threats to homeland security. The
system is used to uphold and enforce
the law, and to ensure public safety.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
(1) Individuals who owned, had
custody of, or arranged for the import or
export of property that is seized by ICE
or U.S. Customs and Border Protection
(CBP);
(2) Individuals identified in TECS
subject records and investigative records
created by ICE and CBP, including
violators or suspected violators of laws
enforced or administered by ICE and
CBP; individuals arrested by ICE and
CBP for violations of law; witnesses
associated with ICE and CBP
enforcement actions; persons who own
or operate businesses, property,
vehicles, or other property that is in a
TECS subject record; and individuals
applying for a license issued by DHS or
for which DHS conducts a background
investigation in support of the licensing
agency;
(3) Subjects of administrative actions
by ICE, such as individuals who are the
subject or proponent of a continued
presence parole application under the
Immigration and Nationality Act;
(4) Subjects of ICE threat assessments
such as gang members;
(5) Aliens arrested, detained, and/or
removed by ICE, or issued a notice to
appear in immigration court, under the
Immigration and Nationality Act;
(6) Aliens who are the subject of an
ICE immigration detainer or request for
notification;
(7) ICE personnel or personnel from
partner law enforcement agencies who
are mentioned in significant incident
reports that concern law enforcement
(LE) operations, injuries to law
enforcement personnel, or other
significant incidents reported within
ICE;
(8) Individuals who are associated
with an ICE investigation, have
provided information to ICE during an
investigation, or whose data is part of
records or other materials collected,
compiled, or seized during an
investigation, including victims,
witnesses, associates, and sources;
(9) Individuals alleged to be involved
in suspicious or illegal activity, and the
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individuals reporting such activity to
ICE;
(10) Specially Designated Nationals,
as defined by 31 CFR 500.306;
(11) Individuals identified on other
denied parties or screening lists; and
(12) Government personnel associated
with official requests by another agency
for ICE assistance, or associated with
any of the foregoing categories of
individuals.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Biographic and other identifying
information, including names; dates of
birth; places of birth; Social Security
numbers (SSN); Tax Identification
Numbers (TIN); Exporter Identification
Numbers (EIN); passport information
(number and country of issuance);
citizenship; nationality; location and
contact information (e.g., home,
business, and email addresses and
telephone numbers); and other
identification numbers (e.g., Alien
Registration Number, driver’s license
number).
(2) Financial data, including data
reported pursuant to the Bank Secrecy
Act (e.g., certain transactions over
$10,000) and other financial data
obtained via official investigations, legal
processes, or legal settlements.
Financial data includes, but is not
limited to, bank account numbers,
transaction numbers, and descriptions
or value of financial transactions.
(3) Licensing information related to
applications by individuals or
businesses to hold or retain a customs
broker’s license, operate a customsbonded warehouse, or be a bonded
carrier or bonded cartman.
(4) Various internal operational
reports, including reports of significant
incidents and operations; reports
concerning prospective enforcement
activity; requests for assistance from
other law enforcement agencies; agency
intelligence reports; and reports of
third-agency visits to ICE detention
facilities.
(5) Law enforcement records,
including TECS subject records and
investigative records related to an ICE or
CBP law enforcement matter,
information obtained from the U.S.
Department of the Treasury’s Specially
Designated Nationals List, visa security
information, and other trade-based and
financial sanction screening lists. Law
enforcement data includes, but is not
limited to, names; aliases; business
names; addresses; dates of birth; places
of birth; citizenship; nationality;
passport information; SSNs; TINs;
driver’s license numbers; and vehicle,
vessel, and aircraft information.
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(6) Reports of fines, penalties,
forfeitures, and seizure incidents.
(7) Records of call transactions and
subscriber information obtained during
the course of an ICE criminal
investigation.
(8) Tips concerning illegal or
suspicious activity from the public and
other law enforcement agencies.
(9) Continued presence parole
application records.
(10) Open source information—news
articles or other data available to the
public on the Internet or in public
records, including publicly available
information from social media.
(11) Commercially available data—
public and proprietary records available
for a subscription.
(12) Cargo and border crossing data—
inbound/outbound shipment records
and border crossing information from
CBP’s Automated Targeting System.
NOTE: Passenger Name Record (PNR)
data may not be uploaded into this
system of records.
(13) Criminal information, including
lookouts, warrants, criminal history
records, and other civil or criminal
investigative information provided by
other law enforcement agencies.
(14) Information from foreign
governments or multinational
organizations such as INTERPOL or
Europol—including criminal history;
immigration data; passenger, vehicle,
vessel entry/exit data; passport
information; vehicle, vessel, and
licensing records; shipment records;
telephone records; intelligence reports;
investigative leads and requests; and
wants, warrants, and lookouts.
(15) Finished intelligence reports
from DHS or other agencies.
(16) Evidentiary information
concerning evidence seized or otherwise
lawfully obtained during the course of
an ICE investigation, including business
records, third-agency records, public
records (courts, etc.), transcripts of
interviews/depositions, or materials
seized or obtained via subpoena or other
lawful process.
(17) Trade analysis data, including
trade identifier numbers (e.g., for
manufacturers importers, exporters, and
customs brokers) and bill of lading data
(e.g., consignee names and addresses,
shipper names and addresses, container
numbers, carriers); other financial data
required for the detection and analysis
of financial irregularities and crimes.
(18) Tip data concerning child
exploitation violations, such as the
biographical data of the suspect or the
suspect’s online identity information
(user ID). Internet Service Provider data,
domain name, credit card number and
Internet Protocol (IP) address, Internet
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subscriber data (name, subscriber
number, billing address, IP address,
payment method, and email addresses),
a log of subscriber activity, or other
information such as motor vehicle data,
SSN, and other information collected
during the course of vetting the tip from
sources such as Government databases,
and open source and commerciallyavailable data, as previously described.
RECORD SOURCE CATEGORIES:
Records are obtained from other ICE
and DHS record systems as well as
records or information from other
agencies, DHS partners, and the public.
Public records and commercial data
may also be added to the system.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
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 U.S. 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/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
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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. 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,
territorial, foreign or international
agencies, if the information is relevant
and necessary to a requesting agency’s
decision concerning the hiring or
retention of an individual; the issuance,
grant, renewal, suspension, or
revocation of a security clearance,
license, contract, grant, or other benefit;
or if the information is relevant and
necessary to a DHS decision concerning
the hiring or retention of an employee,
the issuance of a security clearance, the
reporting of an investigation of an
employee, the letting of a contract, or
the issuance of a license, grant, or other
benefit.
I. To Federal, State, local, tribal,
territorial, international, or foreign
criminal, civil, or regulatory law
enforcement authorities when the
information is necessary for
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collaboration, coordination, and deconfliction 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.
J. To international, foreign,
intergovernmental, and multinational
government agencies, authorities, and
organizations in accordance with law
and formal or informal international
arrangements.
K. 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.
L. To an organization or individual in
either the public or private sector, either
foreign or domestic, when there is a
reason to believe that the recipient is or
could become the target of a particular
terrorist activity or conspiracy, to the
extent the information is relevant to the
protection of life or property.
M. To third parties during the course
of a law enforcement investigation to
the extent necessary to obtain
information pertinent to the
investigation, provided disclosure is
appropriate to the proper performance
of the official duties of the officer
making the disclosure.
N. To other Federal law enforcement
agencies, the disclosure of call detail
records to coordinate criminal
investigations, specifically to assist in
the identification of investigations that
may be related, as well as the
deconfliction of cases.
O. 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, when disclosure is
necessary to preserve confidence in the
integrity of DHS, or when disclosure is
necessary to demonstrate the
accountability of DHS’s officers,
employees, or individuals covered by
the system, except to the extent the
Chief Privacy Officer determines 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 STORAGE OF
RECORDS:
DHS/ICE stores records in this system
electronically or on paper in secure
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facilities in a locked drawer behind a
locked door. The records may be stored
on magnetic disc, tape, and digital
media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by name or
other personal identifier.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
The retention period for information
contained in FALCON–SA varies
depending on the type of data.
Routinely ingested DHS-owned data is
retained in accordance with the
approved record retention schedule of
the source system. Data uploaded to
FALCON–SA in an ad hoc manner is
associated with a case file number, to
the extent possible, and retained
consistent with the retention of the case
file. When there is no case file number,
the data is retained for 20 years.
FALCON–SA metadata and index data
are retained for the same length of time
as the record or data element they
originate from or describe.
FALCON–SA is the official repository
for tip information at ICE and does not
obtain these records from another
internal database source. ICE records
created via the FALCON–Tip Line
application are fed into FALCON–SA’s
general data storage environment
thereafter. Other tip information may be
entered into FALCON–SA manually by
a specialized unit within ICE when the
tips pertain to child exploitation crimes.
Tip Line records will be retained for ten
(10) years from the date of the tip. Tip
records concerning child exploitation
crimes will be retained for 75 years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
pmangrum on DSK3GDR082PROD with NOTICES
DHS/ICE safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. ICE has imposed strict
controls 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.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and the
Judicial Redress Act if applicable,
because it is a law enforcement system.
However, DHS and ICE will consider
VerDate Sep<11>2014
14:39 May 03, 2017
Jkt 241001
individuals’ requests to determine
whether or not information may be
released. Thus, individuals seeking
notification of and access to any record
contained in this system of records, or
seeking to contest its content, may
submit a request in writing to the 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,
Washington, DC 20528–0655. Even if
neither the Privacy Act nor the Judicial
Redress Act provides a right of access,
certain records about you may be
available under the Freedom of
Information Act.
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/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.
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
20909
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest the
accuracy of records in this system of
records should submit these requests to
the ICE Privacy & Records Office.
Requests must comply with verification
of identity requirements set forth in
Department of Homeland Security
Privacy Act regulations at 6 CFR 5.21(d).
Please specify the nature of the
complaint and provide any supporting
documentation. By mail (please note
substantial delivery delays exist): ICE
Privacy & Records Office, 500 12th
Street SW., Mail Stop 5004,
Washington, DC 20536. By email:
ICEPrivacy@ice.dhs.gov. Please contact
the Privacy & Records Office with any
questions about submitting a request or
complaint at 202–732–3300 or
ICEPrivacy@ice.dhs.gov.
NOTIFICATION PROCEDURES:
See ‘‘Record Access procedure.’’
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a(j)(2) and
(k)(2), has exempted this system from
the following provisions of the Privacy
Act: 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); and (g).
When FALCON–SA receives a record
from another system that is exempt from
the Privacy Act, DHS will claim the
same exemptions as are claimed for the
original system of records from which
the record originated and also claims
any additional exemptions set forth
here.
Dated: May 1, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2017–09025 Filed 5–3–17; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
New Agency Information Collection
Activity Under OMB Review: TSA
Canine Training Center Adoption
Application
Transportation Security
Administration, DHS.
ACTION: 30-day notice.
AGENCY:
This notice announces that
the Transportation Security
Administration (TSA) has forwarded the
new Information Collection Request
(ICR) abstracted below to the Office of
Management and Budget (OMB) for
SUMMARY:
E:\FR\FM\04MYN1.SGM
04MYN1
Agencies
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20905-20909]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09025]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2017-0001]
Privacy Act of 1974; System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of new Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to establish a new Department of Homeland
Security system of records titled, ``Department of Homeland Security/
Immigration and Customs Enforcement-016 FALCON Search and Analysis
System of Records.'' FALCON Search and Analysis is a consolidated
information management system that enables ICE law enforcement and
homeland security personnel to search, analyze, and visualize volumes
of existing information in support of ICE's mission to enforce and
investigate violations of U.S. criminal, civil, and administrative
laws. Additionally, elsewhere in the Federal Register, the Department
of Homeland Security is issuing a Notice of Proposed Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act because of the law enforcement sensitivity of the data contributed
to and produced within the system of records. This newly established
system will be included in the Department of Homeland Security's
inventory of record systems.
DATES: Submit comments on or before June 5, 2017. This new system will
be effective June 5, 2017.
ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0001 by one of the following methods:
Federal e-Rulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Jonathan R. Cantor, Acting Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528-
0655.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Amber Smith (202) 732-3300, Privacy Officer, U.S. Immigration and
Customs Enforcement. For privacy questions, please contact: Jonathan R.
Cantor, (202) 343-1717, Acting 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 establish a new DHS system of records
titled, ``DHS/Immigration and Customs Enforcement-016 FALCON Search and
Analysis System of Records.''
U.S. Immigration and Customs Enforcement (ICE) is establishing a
consolidated information management system to enable its personnel to
search, analyze, and visualize volumes of existing information in
support of ICE's mission to enforce and investigate violations of U.S.
criminal, civil, and administrative laws. The FALCON Search and
Analysis (FALCON-SA) System of Records describes the operation of an
ICE information technology system of the same name, which is owned by
ICE's Office of Homeland Security Investigations (HSI). This system
contains a repository of data that is ingested on a routine or ad hoc
basis from other existing sources, and an index created from that data
to be used for research and analysis in support of ICE HSI's law
enforcement mission. FALCON-SA incorporates tools that allow the data
to be queried, analyzed, and presented in a variety of formats that can
help illuminate relationships among the various data elements. The
purpose of FALCON-SA is to help ICE HSI personnel conduct research and
analysis using advanced analytic tools in support of their law
enforcement mission.
This system of records ingests and aggregates data from a number of
interfaces that fall under the FALCON umbrella, including the FALCON-
Tip Line, FALCON-Data Analysis & Research for Trade Transparency System
(DARTTS), and FALCON-Roadrunner. All data aggregated from these
interfaces, and user access is controlled through a combination of data
tagging, access control lists, and other technologies. Using a central
data store for FALCON data eliminates the need for multiple copies of
the data and streamlines the application of many security and privacy
controls. Only data accessed via FALCON-SA is covered by the DHS/ICE-
016 FALCON-SA System of Records Notice (SORN). However, the other
interfaces are covered by other ICE SORNs, as specified in the System
Location section of the SORN. Separate SORNs are appropriate because
the data, purposes, and routine uses differ depending on which FALCON
interface is being used.
FALCON-SA Data
Information included in FALCON-SA is ingested either on a routine
or ad hoc basis. Routine ingests are regular updates to datasets that
originate from other Government (typically ICE or DHS) data systems. A
list of routine ingests into the FALCON general data storage
environment that is accessible via FALCON-SA is available in the
FALCON-SA Privacy Impact Assessment at www.dhs.gov/privacy.
Ad hoc ingests are user-driven ingests of particular data that may
be relevant to a given user or group's investigative or analytical
project in FALCON-SA. The nature of the data in ad hoc ingests varies
from data collected from a commercial or public source (e.g., Internet
research or from a commercial data service), to public reports of law
enforcement violations or suspicious activity (tips), to digital
records seized or subpoenaed during an investigation. All ad hoc
ingests are tagged by the FALCON-SA user with the appropriate category
description, and that tag controls the retention policy for that data.
The ad hoc ingest category description list is included in the FALCON-
SA Privacy Impact Assessment at www.dhs.gov/privacy.
FALCON-SA records may include some or all of the following types of
personally identifiable information: Identifying and biographic data
such as name and date of birth; citizenship and immigration data;
border crossing data; customs import-export history; criminal history;
contact information; criminal associates; family relationships;
photographs and other media; and employment and education information.
[[Page 20906]]
FALCON-SA also contains an index, which is a numerical and
alphabetical list of every word or string of numbers/characters found
in the FALCON-SA database, with a reference to the electronic location
where the corresponding source record is stored. FALCON-SA uses this
index to conduct searches, identify relationships and links between
records and data, and generate visualizations for analytic purposes.
FALCON-SA also contains metadata that is created when the myriad
sources of data are ingested. The metadata is used to apply access
controls and other system rules (such as retention policies) to the
contents of FALCON-SA. The metadata also provides important contextual
information about the date the information was added to FALCON-SA and
the source system where the data originated.
The data sets in FALCON-SA include tips submitted to ICE either
through an online form on the ICE Web site or by calling the HSI Tip
Line. These tips are created electronically using the FALCON-Tip Line
interface, or may be manually entered by HSI's Cyber Crimes Center when
the tips pertain to child exploitation crimes. Once HSI adjudicates the
tips for action, the tips are then accessible to all HSI users via the
FALCON-SA interface.
Uses of FALCON-SA
ICE HSI agents, criminal research specialists, and intelligence
analysts query FALCON-SA for a variety of purposes: To conduct research
that supports the production of law enforcement intelligence products;
to provide lead information for investigative inquiry and follow-up; to
assist in the conduct of ICE criminal, civil, and administrative
investigations; to assist in the disruption of terrorist or other
criminal activity; and to discover previously unknown connections among
existing ICE investigations. These queries can be saved in FALCON-SA to
eliminate the need to recreate them each time a user logs on.
Strong access controls and a robust audit function ensure that
ICE's use of the system is predicated on homeland security, law
enforcement, and law enforcement intelligence activities. This
requirement is enforced by a governance group composed of leadership
from HSI with oversight by ICE's legal, privacy and civil liberties
offices.
While ICE previously relied on the DHS/ICE-006 ICE Intelligence
Records System (IIRS) SORN, last published at 75 FR 9233 (Mar. 1,
2010), to maintain FALCON-SA records, it was determined that a separate
system of records notice will provide greater transparency and allow
ICE to more accurately describe the records accessible via FALCON-SA.
FALCON-Tip Line records were previously covered by the DHS/ICE-007
Alien Criminal Response Information Management (ACRIMe) SORN, but the
FALCON-SA SORN will now cover those records instead. This change is due
to the fact that Tip Line records have migrated out of the ACRIMe
system into the FALCON environment and that once created, the official
repository for FALCON-Tip Line records is the FALCON general data
storage environment.
This SORN will cover data that is accessible via FALCON-SA's user
interface only, and does not cover data that is accessed via other
FALCON interfaces, such as Roadrunner and DARTTS, which are covered by
the DHS/ICE-005 Trade Transparency and Analysis Records (TTAR) SORN.
Additional information about FALCON-SA can be found in the Privacy
Impact Assessments published for FALCON-SA and FALCON-Tip Line,
available at https://www.dhs.gov/privacy-documents-ice.
Consistent with DHS's information sharing mission, information
stored in the DHS/ICE-016 FALCON-SA 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, ICE
may share information 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.
Additionally, DHS is issuing a Notice of Proposed Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act elsewhere in the Federal Register. This newly established system
will be included in 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. Additionally, and similarly, the Judicial Redress
Act (JRA) provides a statutory right to covered persons to make
requests for access and amendment to covered records, as defined by the
JRA, along with judicial review for denials of such requests. In
addition, the JRA prohibits disclosures of covered records, except as
otherwise permitted by the Privacy Act.
Below is the description of the DHS/ICE-016 FALCON-SA 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 NAME AND NUMBER:
DHS/ICE-016 FALCON-Search and Analysis (FALCON-SA).
SECURITY CLASSIFICATION:
Unclassified; Law Enforcement Sensitive; and For Official Use Only.
SYSTEM LOCATION:
DHS/ICE maintains records in DHS data centers. This SORN applies to
all records available to users through the FALCON-SA interface. This
SORN also applies to all records created through the FALCON-Tip Line
interface.
SYSTEM MANAGER(S):
Assistant Director for Information Management Directorate, Homeland
Security Investigations, U.S. Immigration and Customs Enforcement, 500
12th Street SW., Washington, DC 20536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. 1103, 1105; 8 U.S.C. 1225(d)(3) and (d)(4)(A); 8 U.S.C.
1324a(e)(2)(C); 8 U.S.C. 1357; 8 U.S.C. 1360(b); 18 U.S.C. 2703; 19
U.S.C. 1509; 19 U.S.C. 1589a; 19 U.S.C. 1628; 21 U.S.C. 967; and 50
U.S.C. 2411(a).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is to permit ICE law
enforcement and homeland security personnel to search, aggregate,
analyze, and visualize volumes of existing information in support of
ICE's mission to enforce and investigate violations of U.S. criminal
and administrative laws. FALCON-SA allows ICE HSI agents, criminal
research specialists, and intelligence analysts to conduct research in
order to produce law enforcement intelligence, provide lead information
for investigative inquiry and follow-up, assist in the conduct of ICE
investigations and the disruption of criminal (including terrorist)
activity, and discover
[[Page 20907]]
previously unknown connections among ICE investigations.
This system of records also supports the operation of the agency's
Tip Line to collect, analyze, and act on information volunteered by the
public and other sources concerning suspicious and potentially illegal
activity.
This system of records also supports the identification of
potential criminal activity, immigration violations, and threats to
homeland security. The system is used to uphold and enforce the law,
and to ensure public safety.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Individuals who owned, had custody of, or arranged for the
import or export of property that is seized by ICE or U.S. Customs and
Border Protection (CBP);
(2) Individuals identified in TECS subject records and
investigative records created by ICE and CBP, including violators or
suspected violators of laws enforced or administered by ICE and CBP;
individuals arrested by ICE and CBP for violations of law; witnesses
associated with ICE and CBP enforcement actions; persons who own or
operate businesses, property, vehicles, or other property that is in a
TECS subject record; and individuals applying for a license issued by
DHS or for which DHS conducts a background investigation in support of
the licensing agency;
(3) Subjects of administrative actions by ICE, such as individuals
who are the subject or proponent of a continued presence parole
application under the Immigration and Nationality Act;
(4) Subjects of ICE threat assessments such as gang members;
(5) Aliens arrested, detained, and/or removed by ICE, or issued a
notice to appear in immigration court, under the Immigration and
Nationality Act;
(6) Aliens who are the subject of an ICE immigration detainer or
request for notification;
(7) ICE personnel or personnel from partner law enforcement
agencies who are mentioned in significant incident reports that concern
law enforcement (LE) operations, injuries to law enforcement personnel,
or other significant incidents reported within ICE;
(8) Individuals who are associated with an ICE investigation, have
provided information to ICE during an investigation, or whose data is
part of records or other materials collected, compiled, or seized
during an investigation, including victims, witnesses, associates, and
sources;
(9) Individuals alleged to be involved in suspicious or illegal
activity, and the individuals reporting such activity to ICE;
(10) Specially Designated Nationals, as defined by 31 CFR 500.306;
(11) Individuals identified on other denied parties or screening
lists; and
(12) Government personnel associated with official requests by
another agency for ICE assistance, or associated with any of the
foregoing categories of individuals.
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Biographic and other identifying information, including names;
dates of birth; places of birth; Social Security numbers (SSN); Tax
Identification Numbers (TIN); Exporter Identification Numbers (EIN);
passport information (number and country of issuance); citizenship;
nationality; location and contact information (e.g., home, business,
and email addresses and telephone numbers); and other identification
numbers (e.g., Alien Registration Number, driver's license number).
(2) Financial data, including data reported pursuant to the Bank
Secrecy Act (e.g., certain transactions over $10,000) and other
financial data obtained via official investigations, legal processes,
or legal settlements. Financial data includes, but is not limited to,
bank account numbers, transaction numbers, and descriptions or value of
financial transactions.
(3) Licensing information related to applications by individuals or
businesses to hold or retain a customs broker's license, operate a
customs-bonded warehouse, or be a bonded carrier or bonded cartman.
(4) Various internal operational reports, including reports of
significant incidents and operations; reports concerning prospective
enforcement activity; requests for assistance from other law
enforcement agencies; agency intelligence reports; and reports of
third-agency visits to ICE detention facilities.
(5) Law enforcement records, including TECS subject records and
investigative records related to an ICE or CBP law enforcement matter,
information obtained from the U.S. Department of the Treasury's
Specially Designated Nationals List, visa security information, and
other trade-based and financial sanction screening lists. Law
enforcement data includes, but is not limited to, names; aliases;
business names; addresses; dates of birth; places of birth;
citizenship; nationality; passport information; SSNs; TINs; driver's
license numbers; and vehicle, vessel, and aircraft information.
(6) Reports of fines, penalties, forfeitures, and seizure
incidents.
(7) Records of call transactions and subscriber information
obtained during the course of an ICE criminal investigation.
(8) Tips concerning illegal or suspicious activity from the public
and other law enforcement agencies.
(9) Continued presence parole application records.
(10) Open source information--news articles or other data available
to the public on the Internet or in public records, including publicly
available information from social media.
(11) Commercially available data--public and proprietary records
available for a subscription.
(12) Cargo and border crossing data--inbound/outbound shipment
records and border crossing information from CBP's Automated Targeting
System. NOTE: Passenger Name Record (PNR) data may not be uploaded into
this system of records.
(13) Criminal information, including lookouts, warrants, criminal
history records, and other civil or criminal investigative information
provided by other law enforcement agencies.
(14) Information from foreign governments or multinational
organizations such as INTERPOL or Europol--including criminal history;
immigration data; passenger, vehicle, vessel entry/exit data; passport
information; vehicle, vessel, and licensing records; shipment records;
telephone records; intelligence reports; investigative leads and
requests; and wants, warrants, and lookouts.
(15) Finished intelligence reports from DHS or other agencies.
(16) Evidentiary information concerning evidence seized or
otherwise lawfully obtained during the course of an ICE investigation,
including business records, third-agency records, public records
(courts, etc.), transcripts of interviews/depositions, or materials
seized or obtained via subpoena or other lawful process.
(17) Trade analysis data, including trade identifier numbers (e.g.,
for manufacturers importers, exporters, and customs brokers) and bill
of lading data (e.g., consignee names and addresses, shipper names and
addresses, container numbers, carriers); other financial data required
for the detection and analysis of financial irregularities and crimes.
(18) Tip data concerning child exploitation violations, such as the
biographical data of the suspect or the suspect's online identity
information (user ID). Internet Service Provider data, domain name,
credit card number and Internet Protocol (IP) address, Internet
[[Page 20908]]
subscriber data (name, subscriber number, billing address, IP address,
payment method, and email addresses), a log of subscriber activity, or
other information such as motor vehicle data, SSN, and other
information collected during the course of vetting the tip from sources
such as Government databases, and open source and commercially-
available data, as previously described.
RECORD SOURCE CATEGORIES:
Records are obtained from other ICE and DHS record systems as well
as records or information from other agencies, DHS partners, and the
public. Public records and commercial data may also be added to the
system.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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
U.S. 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/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. 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, territorial, foreign or
international agencies, if the information is relevant and necessary to
a requesting agency's decision concerning the hiring or retention of an
individual; the issuance, grant, renewal, suspension, or revocation of
a security clearance, license, contract, grant, or other benefit; or if
the information is relevant and necessary to a DHS decision concerning
the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
I. To Federal, State, local, tribal, territorial, 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.
J. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law and formal or informal international arrangements.
K. 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.
L. To an organization or individual in either the public or private
sector, either foreign or domestic, when there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, to the extent the information is
relevant to the protection of life or property.
M. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate to the proper
performance of the official duties of the officer making the
disclosure.
N. To other Federal law enforcement agencies, the disclosure of
call detail records to coordinate criminal investigations, specifically
to assist in the identification of investigations that may be related,
as well as the deconfliction of cases.
O. 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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines 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 STORAGE OF RECORDS:
DHS/ICE stores records in this system electronically or on paper in
secure
[[Page 20909]]
facilities in a locked drawer behind a locked door. The records may be
stored on magnetic disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name or other personal identifier.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The retention period for information contained in FALCON-SA varies
depending on the type of data. Routinely ingested DHS-owned data is
retained in accordance with the approved record retention schedule of
the source system. Data uploaded to FALCON-SA in an ad hoc manner is
associated with a case file number, to the extent possible, and
retained consistent with the retention of the case file. When there is
no case file number, the data is retained for 20 years. FALCON-SA
metadata and index data are retained for the same length of time as the
record or data element they originate from or describe.
FALCON-SA is the official repository for tip information at ICE and
does not obtain these records from another internal database source.
ICE records created via the FALCON-Tip Line application are fed into
FALCON-SA's general data storage environment thereafter. Other tip
information may be entered into FALCON-SA manually by a specialized
unit within ICE when the tips pertain to child exploitation crimes. Tip
Line records will be retained for ten (10) years from the date of the
tip. Tip records concerning child exploitation crimes will be retained
for 75 years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/ICE safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. ICE has imposed strict controls 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.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act,
and the Judicial Redress Act if applicable, because it is a law
enforcement system. However, DHS and ICE will consider individuals'
requests to determine whether or not information may be released. Thus,
individuals seeking notification of and access to any record contained
in this system of records, or seeking to contest its content, may
submit a request in writing to the 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, Washington, DC 20528-0655. Even if neither the Privacy Act
nor the Judicial Redress Act provides a right of access, certain
records about you may be available under the Freedom of Information
Act.
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/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.
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest the accuracy of records in this
system of records should submit these requests to the ICE Privacy &
Records Office. Requests must comply with verification of identity
requirements set forth in Department of Homeland Security Privacy Act
regulations at 6 CFR 5.21(d). Please specify the nature of the
complaint and provide any supporting documentation. By mail (please
note substantial delivery delays exist): ICE Privacy & Records Office,
500 12th Street SW., Mail Stop 5004, Washington, DC 20536. By email:
ICEPrivacy@ice.dhs.gov. Please contact the Privacy & Records Office
with any questions about submitting a request or complaint at 202-732-
3300 or ICEPrivacy@ice.dhs.gov.
NOTIFICATION PROCEDURES:
See ``Record Access procedure.''
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2)
and (k)(2), has exempted this system from the following provisions of
the Privacy Act: 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); and (g).
When FALCON-SA receives a record from another system that is exempt
from the Privacy Act, DHS will claim the same exemptions as are claimed
for the original system of records from which the record originated and
also claims any additional exemptions set forth here.
Dated: May 1, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-09025 Filed 5-3-17; 8:45 am]
BILLING CODE 9111-28-P