Privacy Act of 1974; System of Records, 27274-27277 [2017-12262]

Agencies

• DEPARTMENT OF HOMELAND SECURITY
• Office of the Secretary

[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Notices]
[Pages 27274-27277]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-12262]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2017-0019]


Privacy Act of 1974; System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of modified Privacy Act System of Records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security proposes to modify and reissue a current Department 
of Homeland Security system of records titled, ``Department of Homeland 
Security/ALL-025 Law Enforcement Authority in Support of the Protection 
of Property Owned, Occupied, or Secured by the Department of Homeland 
Security System of Records.'' This system of records allows the 
Department of Homeland Security to collect and maintain records on the 
results of law enforcement activities in support of the protection of 
property owned, occupied, or secured by the Department of Homeland 
Security and its Components, including the Federal Protective Service, 
and individuals maintaining a presence or access to such property. The 
Department of Homeland Security is updating this system of records 
notice to, among other things, (1) modify the category of individuals, 
(2) modify the category of records, (3) modify two existing routine 
uses, and (4) add a new routine use. The Department of Homeland 
Security is also issuing a Notice of Proposed Rulemaking to add a new 
exemption from certain provisions of the Privacy Act, elsewhere in the 
Federal Register. This new exemption is needed to protect information 
relating to DHS activities from disclosure to subjects or others 
related to these activities. Specifically, the additional exemptions 
are required to preclude subjects of these activities from frustrating 
ongoing operations; to avoid disclosure of activity techniques; to 
protect the identities and physical safety of confidential informants 
and law enforcement personnel; to ensure DHS's ability to obtain 
information from third parties and other sources; to protect the 
privacy of third parties; and to safeguard classified information. 
Disclosure of information to the subject of the inquiry could also 
permit the subject to avoid detection or apprehension. The existing 
Privacy Act exemptions for this system of records continue to apply to 
it. Additionally, this notice includes non-substantive changes to 
simplify the formatting and text of the previously published notice.
    This system of records notice does not apply to the facilities and 
perimeters secured by the U.S. Secret Service. Records pertaining to 
perimeters and facilities secured by the U.S. Secret Service, other 
than those records subject to the Presidential Records Act, are covered 
under Department of Homeland Security/U.S. Secret Service-004 
Protection Information System of Records, 76 FR 66940, October 28, 
2011.
    This modified system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before July 14, 2017. This modified system 
will be effective July 14, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0019 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,

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Department of Homeland Security, Washington, DC 20528-0655.

FOR FURTHER INFORMATION CONTACT: For general questions and privacy 
issues 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) proposes to modify and reissue a 
current DHS system of records titled, ``DHS/ALL-025 Law Enforcement 
Authority in Support of the Protection of Property Owned, Occupied, or 
Secured by DHS System of Records.''
    The DHS/ALL-025 Law Enforcement Authority in Support of the 
Protection of Property Owned, Occupied, or Secured by DHS System of 
Records covers the collection, use, maintenance, and dissemination of 
records relating to the protection of property owned, occupied, or 
secured by DHS. DHS is updating this system of records notice to, among 
other things, (1) expand the category of individuals to include persons 
involved in any event, and any witnesses to such event, that affects or 
impacts the safety, security, or protection of the property, facility, 
or occupant; (2) remove applicants and contractors who have or had 
access to classified information as a category of individuals and 
associated categories of records relating to personnel security because 
that information has existing coverage under DHS/ALL-023 Department of 
Homeland Security Personnel Security Management System of Records; (3) 
add Closed-circuit television (CCTV) recording and audio recordings as 
categories of records; (4) add Alien File Numbers, also known as an 
individual's A-Number as a category of records; (5) modify routine use 
``E'' to be in conformity with Office of Management and Budget 
Memorandum M-17-12; (6) modify routine use ``F'' to specifically 
include Federal Protective Service guards and (7) add a new routine use 
``M,'' which will permit DHS to share information with individuals 
involved in incidents occurring on federal facilities, their insurance 
companies, and their attorneys for the purpose of adjudicating a claim. 
This notice also includes non-substantive changes to simplify the 
formatting and text of the previously published notice. In addition to 
the existing Privacy Act exemptions that continue to apply to this 
system of records, DHS is issuing a Notice of Proposed Rulemaking to 
add a new exemption from certain provisions of the Privacy Act. This 
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/ALL-025 Law Enforcement 
Authorities in Support of the Protection of Property Owned, Occupied, 
or Secured by DHS Security Systems 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:
    Department of Homeland Security (DHS)/ALL-025 Law Enforcement 
Authorities in Support of the Protection of Property Owned, Occupied, 
or Secured by the Department of Homeland Security System of Records.

SECURITY CLASSIFICATION:
    Unclassified, sensitive, for official use only, and classified.

SYSTEM LOCATION:
    Records are maintained at several DHS Headquarters locations and 
Component offices, in both Washington, DC and field locations.

SYSTEM MANAGER(S):
    For Headquarters components of DHS: Chief, Physical Security 
Division (202) 447-5010, Office of Security, Department of Homeland 
Security, Washington, DC 20528. For DHS Components, the System Manager 
can be found at https://www.dhs.gov/foia under ``FOIA Contact 
Information.''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    40 U.S.C 1315; 44 U.S.C. 3101; and E.O. 9397 as amended by E.O. 
13478; E.O. 10450; E.O. 12968, 5 CFR 731; 5 CFR 732; 5 CFR 736; 32 CFR 
147; and DCID 6/4.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to maintain and record the results of 
law enforcement activities in support of the protection of property 
owned, occupied, or secured by DHS and its components, including the 
Federal Protective Service (FPS), and individuals maintaining a 
presence or access to such property. It will also be used to pursue 
criminal prosecution or civil penalty action against individuals or 
entities suspected of offenses that may have been committed against 
property owned, occupied, or secured by DHS or persons on the property.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include:
     Individuals or entities involved in, or suspected of being 
involved in, criminal acts against the buildings, grounds, and property 
that are owned, occupied, or secured by DHS or against persons who are 
in or on such buildings, grounds, or property. This category includes 
property located within or outside of the United States;
     Individuals who provide information that is relevant to 
the investigation, such as victims and witnesses, and who report such 
crimes or acts;
     Persons involved in any event, or witnesses an event that 
affects or impacts the safety, security, or protection of the property, 
facility, or occupant;
     Current, former, or retired DHS personnel who travel 
outside the United States while employed by DHS.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in the system may include:
     Individual's or entity's name;
     Alias;
     Digital video recordings and CCTV recordings;
     Audio recordings;
     Date of birth, place of birth, and age;
     Social Security number;
     Alien File Number (A-Number);
     Duty/work address and telephone number;
     Race and ethnicity;

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     Citizenship;
     Sex;
     Marital status;
     Identifying marks (e.g., tattoos, scars);
     Height and weight;
     Eye and hair color;
     Biometric data (e.g., photograph, fingerprints);
     Home address, telephone number, and other contact 
information;
     Driver's license information and citations issued;
     Vehicle information;
     Date, location, nature and details of the incident/
offense;
     Alcohol, drugs, or weapons involvement;
     Bias against any particular group;
     Confinement information to include location of 
correctional facility;
     Gang/cult affiliation, if applicable;
     Release/parole/clemency eligibility dates;
     Foreign travel notices and reports including briefings and 
debriefings;
     Notices and reports with foreign contacts;
     Reports of investigation;
     Statements of individuals, affidavits, and correspondence;
     Documentation pertaining to criminal activities;
     Investigative surveys;
     Certifications pertaining to qualifications for 
employment, including but not limited to education, firearms, first 
aid, and CPR;
     Technical, forensic, polygraph, and other investigative 
support to criminal investigations to include source control 
documentation and regional information;
     Data on individuals to include: Victims, witnesses, 
complainants, offenders, and suspects;
     Records of possible espionage, foreign intelligence 
service elicitation activities, and terrorist collection efforts 
directed at the Department or its staff, contractors, or visitors;
     Records of close coordination with the intelligence and 
law enforcement community.

RECORD SOURCE CATEGORIES:
    Records are obtained from sources contacted during investigations; 
state, tribal, international, and local law enforcement; and federal 
departments and agencies.

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 determines that the use of information from this system of 
records is reasonably necessary and otherwise compatible with the 
purpose of collection to assist another federal recipient agency or 
entity in (a) responding to a suspected or confirmed breach or (b) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
programs, and operations), the Federal Government, or national 
security, resulting from a suspected or confirmed breach; or
    2. DHS suspects or has confirmed that there has been a breach of 
this system of records; and (a) DHS has determined that as a result of 
the suspected or confirmed breach, there is a risk of harm to 
individuals, harm to DHS (including its information systems, programs, 
and operations), the Federal Government, or national security; and (b) 
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 breach or to prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
FPS Contract Guard companies, 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 an appropriate federal, state, local, tribal, foreign, or 
international agency or contract provider, if the information is 
relevant and necessary to a requesting agency's decision concerning the 
hiring or retention of an individual, or issuance 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 or contractor, the issuance of a 
security clearance, the reporting of an investigation of an employee or 
contractor, the letting of a contract, or the issuance of a license, 
grant, or other benefit, and disclosure is appropriate to the proper 
performance of the official duties of the person making the request.
    I. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings or pursuant 
to the order of a court of competent jurisdiction.
    J. 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.

[[Page 27277]]

    K. To a federal, state, local agency, or other appropriate 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 
intelligence, counterintelligence, or antiterrorism activities 
authorized by United States law, E.O., or other applicable national 
security directive.
    L. To a public or professional licensing organization when such 
information indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of an individual who is licensed or who is seeking to 
become licensed.
    M. To individuals involved in incidents occurring on federal 
facilities, their insurance companies, and their attorneys for the 
purpose of adjudicating a claim, such as personal injury, traffic 
accident, or other damage to property. The release of personal 
information is limited to that required to adjudicate a claim.
    N. 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 a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS 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 on magnetic disc, tape, and digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by individual name, Social Security 
number, or other personal identifier listed in ``Categories of 
Records,'' when applicable.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are pending National Archives and Records Administration 
approval. DHS has proposed the following retention schedule: Records 
are maintained in accordance with N1-563-08-4, Item 1. Records are 
maintained for 20 years after the end of the fiscal year in which the 
case was closed and are then destroyed. No records will be destroyed 
until the retention schedule is approved.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS safeguards records in this system according to applicable rules 
and policies, including all applicable DHS automated systems security 
and access policies. DHS 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 those of the JRA if applicable, because it is a law enforcement 
system. However, DHS will consider individual requests to determine 
whether or not information may be released. Thus, individuals seeking 
access to and notification of any record contained in this system of 
records, or seeking to contest its content, may submit a request in 
writing to the Chief Privacy Officer and Headquarters or component's 
FOIA Officer, whose contact information can be found at https://www.dhs.gov/foia under ``Contacts 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 provide 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. 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, in accordance with 6 CFR 5.21, 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:
    For records covered by the Privacy Act or covered JRA records, see 
``access procedures'' above.

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), 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); (g)(1). 
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 
552a(k)(1), (k)(2), and (k)(5), has exempted this system from the 
following provisions of the Privacy Act: (c)(3); (d); (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I); (f). When this system receives a 
record from another system 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 set forth here.

HISTORY:
    75 FR 5614; 74 FR 2903.

    Dated: June 8, 2017.
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-12262 Filed 6-13-17; 8:45 am]
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