Privacy Act of 1974; System of Records, 17829-17833 [2018-08453]
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Dated: April 18, 2018.
Michelle D. Trout,
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[FR Doc. 2018–08447 Filed 4–23–18; 8:45 am]
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Notice is hereby given of a change in
the meeting of the Biomedical
Informatics, Library and Data Sciences
Review Committee, June 7, 2018, 8:00
a.m. to 6:00 p.m., June 8, 2018, 8:00 a.m.
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Dated: April 18, 2018.
Michelle D. Trout,
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Committee Policy.
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
17829
Dated: April 18, 2018.
Michelle D. Trout,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2018–08444 Filed 4–23–18; 8:45 am]
National Heart, Lung, and Blood
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Pursuant to section 10(d) of the
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following meetings of the NHLBI
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The meetings will be closed to the
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of Latinos Field Centers.
Date: May 8, 2018.
Time: 9:30 a.m. to 12:00 p.m.
Agenda: To review and evaluate contract
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Place: National Institutes of Health, 6701
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20892 (Telephone Conference Call).
Contact Person: Kristin Goltry, Ph.D.,
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DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2017–0039]
Privacy Act of 1974; System of
Records
Department of Homeland
Security.
ACTION: Notice of a new system of
records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
establish a new DHS system of records
titled, ‘‘Department of Homeland
Security/ALL–041 External Biometric
Records (EBR) System of Records.’’ This
system of records allows the DHS to
receive, maintain, and disseminate
biometric and associated biographic
information from non-DHS entities, both
foreign and domestic, for the following
purposes pursuant to formal or informal
information sharing agreements or
arrangements (‘‘external information’’),
or with the express approval of the
entity from which the Department
received biometric and associated
biographic information: Law
enforcement; national security;
immigration screening; border
enforcement; intelligence; national
defense; and background investigations
relating to national security positions,
credentialing, and certain positions of
public trust, consistent with applicable
DHS authorities.
Department of Homeland Security/
ALL–041 External Biometric Records
(EBR) System of Records (SOR) is one of
two replacement system of records
notices (SORN) for DHS/US–VISIT–001
DHS Automated Biometric
Identification System (IDENT). This
SORN applies to records provided to
DHS by non-DHS entities that do not
fall under existing Component/DHS
SORNs. The other replacement for the
IDENT SORN will be a forthcoming
technical SORN focused on the
technical aspects of the IDENT system.
After the technical SORN is published,
DHS will rescind the IDENT SORN by
publishing a notice of rescindment in
the Federal Register. Components are
responsible for maintaining SORN
coverage for biometric and associated
biographic information collected by that
Component.
SUMMARY:
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Additionally, DHS is issuing a Notice
of Proposed Rulemaking (NPRM) 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 the Department of
Homeland Security’s inventory of
record systems.
DATES: Submit comments on or before
May 24, 2018. This new system will be
effective upon publication, with the
exception of the routine uses, which
will become effective May 24, 2018.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2017–0039 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: Philip S. Kaplan, Chief
Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528–0655.
Instructions: All submissions received
must include the agency name and
docket number DHS–2017–0039. All
comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For
general questions and for privacy issues,
please contact: Philip S. Kaplan,
privacy@hq.dhs.gov, (202) 343–1717,
Chief Privacy Officer, Privacy Office,
Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In 2007, DHS published the IDENT
SORN. Since then, the Department’s
Privacy Act framework and the IDENT
information technology system have
evolved as the Department has matured.
DHS Component SORNs now govern the
function and use of the biometrics
records collected by each Component.
The Department, however, still requires
a SORN to cover biometrics received
from non-DHS entities. Therefore, DHS
is establishing DHS/ALL–041 External
Biometric Records (EBR) System of
Records, which governs the
maintenance and use of biometrics and
associated biographic information
received from non-DHS entities that are
not covered by an existing DHS
Component SORNs. A forthcoming
technical SORN will cover the limited
information created by the IDENT
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system. Eventually, both this EBR SORN
and the planned technical SORN will
replace the IDENT SORN. In the
meantime, to avoid any gap in SORN
coverage for biometrics and associated
biographic information, the EBR and
IDENT SORNs will co-exist. After the
technical SORN is published, DHS will
rescind the IDENT SORN by publishing
a notice of rescindment in the Federal
Register.
External information is collected by
non-DHS entities, including the
Department of Defense (DoD), the
Department of Justice (DOJ), State and
local law enforcement authorities, or
foreign governments. External
information shared with DHS includes
biometric (e.g., latent fingerprints) and
associated biographic information that
may be used by DHS for the following
purposes: Law enforcement; national
security; immigration screening; border
enforcement; intelligence; national
defense; and background investigations
relating to national security positions,
credentialing, and certain positions of
public trust, consistent with applicable
DHS authorities.
DHS also maintains this information
to support its information sharing
agreements and arrangements with
foreign partners to: Prevent travelers
from assuming different identities to
fraudulently gain admission or
immigration benefits; identify
individuals who seek to enter the
United States for unauthorized
purposes; identify those who have
committed serious crimes or violated
immigration law; enable informed
decisions on visas, admissibility, or
other immigration benefits. Such
sharing augments the law enforcement
and border control efforts of both the
United States and its partners.
Additionally, DHS is using this
information in concert with external
partners to facilitate the screening of
refugees in an effort to combat terrorist
travel consistent with DHS’s and
Components’ authorities.
Consistent with DHS’s mission,
information covered by DHS/ALL–041
EBR may be shared with DHS
Components that have a need to know
the information to carry out their
national security, law enforcement,
immigration, intelligence, or other
homeland security functions. In
addition, DHS may share information
with appropriate Federal, State, local,
tribal, territorial, foreign, or
international government agencies from
the providing external entity, consistent
with any applicable laws, rules,
regulations, and information sharing
and access agreements or arrangements.
DHS may share biometric and
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associated biographic information as
permitted pursuant to an applicable
Privacy Act authorized disclosure,
including routine uses set forth in this
SORN. Additionally, DHS is issuing a
NPRM 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, 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–041 External Biometric Records
(EBR) 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:
Department of Homeland Security
(DHS)/ALL–041 External Biometric
Records (EBR) System of Records.
SECURITY CLASSIFICATION:
Unclassified, Sensitive. The data may
be retained on classified networks but
this does not change the nature and
character of the data until it is combined
with classified information.
SYSTEM LOCATION:
Records are maintained at Data Center
1 at Stennis, Mississippi, Data Center 2
at Clarksville, Virginia, at the Office of
Biometric Identity Management (OBIM)
Headquarters in Washington, DC, and
field offices. The records are maintained
in the Information Technology (IT)
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system, Automated Biometric
Identification System (IDENT), also
referred to as the Homeland Advanced
Recognition Technology (HART).
DHS replicates records from this
operational IT system and maintains
them in other IT systems connected on
the DHS unclassified and classified
networks.
SYSTEM MANAGER(S):
System Manager, IDENT Program
Management Office, OBIM, U.S.
Department of Homeland Security,
Washington, DC 20528; email:
OBIMprivacy.ice.dhs.gov.
CATEGORIES OF RECORDS IN THE SYSTEM:
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 202 and 482; 8 U.S.C. 1103,
1105, 1158, 1159, 1187, 1201, 1225,
1254a, 1254b, 1301–1305, 1324, 1357,
1360, 1365a, 1365b, 1372, 1379, 1440f,
1537, 1721, 1722, 1731, and 1732; 14
U.S.C. 89, 95; 19 U.S.C. 1589a; 42 U.S.C.
5197a; 44 U.S.C. 3544; 46 U.S.C. 70123;
49 U.S.C. 114, 5103, 40103(b), 40113(a),
44903(b), 44936, 44939, and 46105; 5
CFR part 731; 5 CFR part 732; 32 CFR
147.24; 8 CFR 214.1; 8 CFR 235.1; E.O.
12968 (60 FR 40245), 3 CFR, 1995
Comp. p. 1365; 13764 (82 FR 8115),
Homeland Security Presidential
Directive 12 (HSPD–12): Policy for a
Common Identification Standard for
Federal Employees and Contractors
(Aug. 27, 2004); HSPD–11:
Comprehensive Terrorist-Related
Screening Procedures (Aug. 27, 2004);
and National Security Presidential
Directive/NSPD–59/HSPD–24:
Biometrics for Identification and
Screening to Enhance National Security
(June 5, 2008).
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PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
process and maintain biometric and
associated biographic information from
non-DHS entities, both foreign and
domestic, for law enforcement, national
security, immigration screening, border
enforcement, intelligence, national
defense, and background investigations
relating to national security positions,
credentialing, and certain positions of
public trust, consistent with applicable
DHS authorities. DHS may use and
share these external biometric and
associated biographic records for these
same purposes, as permitted and
approved by our partners, if applicable,
pursuant to the agreement or
arrangement.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered by EBR include
the individuals whose biometric and
associated biographic information are
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collected by non-DHS entities for the
following DHS purposes:
• Background checks and suitability
screening;
• National security;
• Law enforcement operations
(including individuals who are removed
from a foreign country by a foreign
partner government based on a criminal
conviction);
• Intelligence;
• Border enforcement and
immigration screening; and
• National defense.
Information collected by a non-DHS
entity and maintained in this system
includes:
• Biometric data, including:
Æ Facial images;
Æ Fingerprints;
Æ Latent fingerprints;
Æ Iris images;
Æ Palm prints;
Æ Voice;
Æ Scars, marks, and tattoos;
Æ DNA or DNA Profile; and
Æ Other modalities.
• Biometric-associated biographic
data including:
Æ Full name (i.e., first, middle, last,
nicknames, and aliases);
Æ Date of birth (DOB);
Æ Gender;
Æ Personal physical details, such as
height, weight, eye color, and hair color;
Æ Signature;
Æ Assigned number identifiers, such
as, but not limited to, Alien Registration
Number (A-Number), Social Security
number (SSN), state identification
number, civil record number, other
agency system specific fingerprint
record locator information, Federal
Bureau of Investigation (FBI) Number
(FNU)/Universal Control Number
(UCN), Encounter Identification Number
(EID), Finger Identification Number
(FIN), DoD Biometric Identifier (DoD
BID), Transaction Control Number
(TCN), Global Unique Identifier (GUID),
National Unique Identification Number
(NUIN), document information and
identifiers (e.g., passport and visa data,
document type, document number,
country of issuance), when available;
and
Æ Identifiers for citizenship and
nationality, including person-centric
details, such as country of birth, country
of citizenship, and nationality, when
available.
• Derogatory information (DI), if
applicable, including, wants and
warrants, Known or Suspected Terrorist
(KST) designation, sexual offender
registration, foreign criminal
convictions, and immigration violations,
when available;
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17831
• Miscellaneous officer comment
information, when available; and
• Encounter data, including location
and circumstance of each instance
resulting in biometric collection.
RECORD SOURCE CATEGORIES:
EBR SOR receives biometric and
associated biographic information from
non-DHS entities that may be used by
DHS for a wide array of purposes,
including those listed in the purpose(s)
of the system stated above. EBR
maintains records in accordance with
the terms of the agreements or
arrangements under which partners
provide the external information to
DHS. Records from external Federal
partners include information from the
following non-DHS systems of records,
last published at:
• JUSTICE/INTERPOL–001
INTERPOL–United States National
Central Bureau (USNCB) Records
System, 75 FR 27821 (May 18, 2010)
[Note: records shared with DHS include:
law enforcement, intelligence, and
national security records];
• JUSTICE/DOJ–005 Nationwide Joint
Automated Booking System, 72 FR 3410
(Jan. 25, 2007), 71 FR 52821 (Sept. 7,
2006);
• JUSTICE/FBI–009 Next Generation
Identification (NGI) System of Records
(pending DOJ release);
• JUSTICE/FBI–019 Terrorist
Screening Records System of Records,
76 FR 77847 (Dec. 14, 2011);
• A0025–2 SAIS DoD Defense
Biometric Services, 74 FR 48237 (Sept.
22, 2009);
• A0025–2 PMG (DFBA) DoD Defense
Biometric Identification Records
System, 80 FR 8292 (Feb. 17, 2015);
• STATE–39 Visa Records 60 FR
39469 (Oct. 25, 2012);
• STATE–36, Security Records 80 FR
77691 (Dec. 15, 2015).
EBR SOR receives biometric and
associated biographic information from
foreign partners consistent with various
international information sharing and
access agreements or arrangements on
file with DHS Office of Policy,
International Affairs.
EBR SOR receives biometric and
associated biographic information from
State and local partners consistent with
various law enforcement information
sharing and access agreements or
arrangements.
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
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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. secs. 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 there has been a
breach of the system of records; (2) DHS
has determined that as a result of the
suspected or confirmed breach there is
a risk of harm to individuals, DHS
(including its information systems,
programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or
remedy such harm.
F. To another Federal agency or
Federal entity, when DHS determines
that information from this system of
records is reasonably necessary and
otherwise compatible with the purpose
of collection to assist the recipient
agency or entity in (1) responding to a
suspected or confirmed breach or (2)
preventing, minimizing, or remedying
the risk of harm to individuals, the
recipient agency or entity (including its
information systems, programs, and
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operations), the Federal Government, or
national security, resulting from a
suspected or confirmed breach.
G. 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.
H. 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.
I. To an appropriate Federal, State,
local, tribal, foreign, or international
agency, 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, 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 and
when disclosure is appropriate to the
proper performance of the official duties
of the person making the request.
J. To a Federal, State, or 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
U.S. law, Executive Order (E.O.), or
other applicable national security
directive.
K. To Federal and foreign government
intelligence or counterterrorism
agencies or Components when DHS
reasonably believes there to be a threat
or potential threat to national or
international security for which the
information may be useful in countering
the threat or potential threat, or when
disclosure supports the conduct of
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national intelligence and security
investigations or assists in anti-terrorism
efforts.
L. To a foreign government to notify
it concerning its citizens or residents
who are incapacitated, unaccompanied
minors, or deceased.
M. To appropriate Federal, State,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations, with the approval of the
Chief Privacy Officer, when DHS
identifies a need to use relevant data for
purposes of testing new technology.
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 in secure facilities
protected through multi-layer security
mechanisms and strategies that are
physical, technical, administrative, and
environmental in nature. The records
may be stored on magnetic disc, tape,
and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by
biometrics or select personal identifiers,
including but not limited to names,
identification numbers, dates of birth,
nationality, document number, and
address.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Record Schedule DAA–0563–2013–
0001 for DHS’s biometric and
biographic records used for national
security, law enforcement, immigration,
and other functions consistent with
DHS authorities has been approved by
National Archives and Records
Administration (NARA). EBR records
include:
1. Law Enforcement Records:
Identification, investigation,
apprehension, and/or removal of aliens
unlawfully entering or present in the
United States and facilitate legal entry
of individuals into the United States,
which must be destroyed or deleted 75
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years after the end of the calendar year
in which the data is gathered.
2. Records related to the analysis of
relationship patterns among individuals
and organizations that are indicative of
violations of the customs and
immigration laws including possible
terrorist threats from non-obvious
relationships and specific leads and law
enforcement intelligence for active and
new investigations. These records must
be destroyed or deleted 15 years after
the end of calendar year of last use of
individual’s data.
The latent biometric retention
schedule is currently in development
with OBIM Headquarters and will be
submitted thereafter to NARA for
approval.
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.
daltland on DSKBBV9HB2PROD with NOTICES
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and
consequently the Judicial Redress Act 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 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 herself, 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 the individual
may be available under the Freedom of
Information Act.
VerDate Sep<11>2014
17:03 Apr 23, 2018
Jkt 244001
When seeking records about one from
this system of records or any other
Departmental system of records, the
request must conform with the Privacy
Act regulations set forth in 6 CFR part
5. The individual must first verify his or
her identity, meaning that he or she
must provide his or her full name,
current address, and date and place of
birth. The individual must sign the
request, and the 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, an individual
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, the individual
should:
• Explain why he or she believe the
Department would have information
being requested;
• Identify which Component(s) of the
Department he or she believes may have
the information;
• 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 the request is seeking records
pertaining to another living individual,
the person seeking the records must
include a statement from the subject
individual certifying his/her agreement
for the requestor to access his or her
records.
Without the above information, the
Component(s) may not be able to
conduct an effective search, and the
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 ‘‘Record
Access Procedures’’ above, and 6 CFR
part 5.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures.’’
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)(5),
and (e)(8); (f); and (g)(1) through (5).
Additionally, the Secretary of Homeland
Security, pursuant to 5 U.S.C. 552a(k)(2)
and (k)(5), has exempted this system
from the following provisions of the
PO 00000
Frm 00046
Fmt 4703
Sfmt 4703
17833
Privacy Act, 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H); and (f).
Exemptions from these particular
subsections are justified on a case-bycase basis determined at the time a
request is made. 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 claim any additional
exemptions set forth here.
HISTORY:
Records in this System of Records
were previously covered under DHS/
US–VISIT–001 DHS Automated
Biometric Identification System
(IDENT), 72 FR 31080 (June 5, 2007).
Philip S. Kaplan,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2018–08453 Filed 4–23–18; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF HOMELAND
SECURITY
[DHS–2018–0021]
Agency Information Collection
Activities: Case Assistance Form
(Ombudsman Form DHS–7001, and
Instructions)
Office of the Citizenship and
Immigration Services Ombudsman,
Department of Homeland Security
(DHS).
ACTION: 60-Day notice and request for
comments; Extension of a currently
approved collection, 1601–0004.
AGENCY:
The DHS Office of the
Citizenship and Immigration Services
(CIS) Ombudsman, will submit the
following Information Collection
Request (ICR) to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collected on this
form will allow the CIS Ombudsman to
identify the problem as either a case
problem, which is a request for
information about a case that was filed
with U.S. Citizenship and Immigration
Services (USCIS) (‘‘case problem’’); or a
systemic issue that may or may not
pertain to an individual case which the
individual, attorney or employer is
seeking to bring to the attention of the
CIS Ombudsman (‘‘trend’’).
DATES: Comments are encouraged and
will be accepted until June 25, 2018.
This process is conducted in accordance
with 5 CFR 1320.1.
SUMMARY:
E:\FR\FM\24APN1.SGM
24APN1
Agencies
[Federal Register Volume 83, Number 79 (Tuesday, April 24, 2018)]
[Notices]
[Pages 17829-17833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08453]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2017-0039]
Privacy Act of 1974; System of Records
AGENCY: Department of Homeland Security.
ACTION: Notice of a new system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to establish a new DHS system of
records titled, ``Department of Homeland Security/ALL-041 External
Biometric Records (EBR) System of Records.'' This system of records
allows the DHS to receive, maintain, and disseminate biometric and
associated biographic information from non-DHS entities, both foreign
and domestic, for the following purposes pursuant to formal or informal
information sharing agreements or arrangements (``external
information''), or with the express approval of the entity from which
the Department received biometric and associated biographic
information: Law enforcement; national security; immigration screening;
border enforcement; intelligence; national defense; and background
investigations relating to national security positions, credentialing,
and certain positions of public trust, consistent with applicable DHS
authorities.
Department of Homeland Security/ALL-041 External Biometric Records
(EBR) System of Records (SOR) is one of two replacement system of
records notices (SORN) for DHS/US-VISIT-001 DHS Automated Biometric
Identification System (IDENT). This SORN applies to records provided to
DHS by non-DHS entities that do not fall under existing Component/DHS
SORNs. The other replacement for the IDENT SORN will be a forthcoming
technical SORN focused on the technical aspects of the IDENT system.
After the technical SORN is published, DHS will rescind the IDENT SORN
by publishing a notice of rescindment in the Federal Register.
Components are responsible for maintaining SORN coverage for biometric
and associated biographic information collected by that Component.
[[Page 17830]]
Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM)
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 the Department of Homeland Security's inventory of
record systems.
DATES: Submit comments on or before May 24, 2018. This new system will
be effective upon publication, with the exception of the routine uses,
which will become effective May 24, 2018.
ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0039 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: Philip S. Kaplan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number DHS-2017-0039. All comments received will be posted
without change to https://www.regulations.gov, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions and for privacy
issues, please contact: Philip S. Kaplan, [email protected], (202)
343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In 2007, DHS published the IDENT SORN. Since then, the Department's
Privacy Act framework and the IDENT information technology system have
evolved as the Department has matured. DHS Component SORNs now govern
the function and use of the biometrics records collected by each
Component. The Department, however, still requires a SORN to cover
biometrics received from non-DHS entities. Therefore, DHS is
establishing DHS/ALL-041 External Biometric Records (EBR) System of
Records, which governs the maintenance and use of biometrics and
associated biographic information received from non-DHS entities that
are not covered by an existing DHS Component SORNs. A forthcoming
technical SORN will cover the limited information created by the IDENT
system. Eventually, both this EBR SORN and the planned technical SORN
will replace the IDENT SORN. In the meantime, to avoid any gap in SORN
coverage for biometrics and associated biographic information, the EBR
and IDENT SORNs will co-exist. After the technical SORN is published,
DHS will rescind the IDENT SORN by publishing a notice of rescindment
in the Federal Register.
External information is collected by non-DHS entities, including
the Department of Defense (DoD), the Department of Justice (DOJ), State
and local law enforcement authorities, or foreign governments. External
information shared with DHS includes biometric (e.g., latent
fingerprints) and associated biographic information that may be used by
DHS for the following purposes: Law enforcement; national security;
immigration screening; border enforcement; intelligence; national
defense; and background investigations relating to national security
positions, credentialing, and certain positions of public trust,
consistent with applicable DHS authorities.
DHS also maintains this information to support its information
sharing agreements and arrangements with foreign partners to: Prevent
travelers from assuming different identities to fraudulently gain
admission or immigration benefits; identify individuals who seek to
enter the United States for unauthorized purposes; identify those who
have committed serious crimes or violated immigration law; enable
informed decisions on visas, admissibility, or other immigration
benefits. Such sharing augments the law enforcement and border control
efforts of both the United States and its partners. Additionally, DHS
is using this information in concert with external partners to
facilitate the screening of refugees in an effort to combat terrorist
travel consistent with DHS's and Components' authorities.
Consistent with DHS's mission, information covered by DHS/ALL-041
EBR may be shared with DHS Components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, DHS may share information with appropriate Federal, State,
local, tribal, territorial, foreign, or international government
agencies from the providing external entity, consistent with any
applicable laws, rules, regulations, and information sharing and access
agreements or arrangements. DHS may share biometric and associated
biographic information as permitted pursuant to an applicable Privacy
Act authorized disclosure, including routine uses set forth in this
SORN. Additionally, DHS is issuing a NPRM 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, 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-041 External Biometric
Records (EBR) 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:
Department of Homeland Security (DHS)/ALL-041 External Biometric
Records (EBR) System of Records.
SECURITY CLASSIFICATION:
Unclassified, Sensitive. The data may be retained on classified
networks but this does not change the nature and character of the data
until it is combined with classified information.
SYSTEM LOCATION:
Records are maintained at Data Center 1 at Stennis, Mississippi,
Data Center 2 at Clarksville, Virginia, at the Office of Biometric
Identity Management (OBIM) Headquarters in Washington, DC, and field
offices. The records are maintained in the Information Technology (IT)
[[Page 17831]]
system, Automated Biometric Identification System (IDENT), also
referred to as the Homeland Advanced Recognition Technology (HART).
DHS replicates records from this operational IT system and
maintains them in other IT systems connected on the DHS unclassified
and classified networks.
SYSTEM MANAGER(S):
System Manager, IDENT Program Management Office, OBIM, U.S.
Department of Homeland Security, Washington, DC 20528; email:
OBIMprivacy.ice.dhs.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
6 U.S.C. 202 and 482; 8 U.S.C. 1103, 1105, 1158, 1159, 1187, 1201,
1225, 1254a, 1254b, 1301-1305, 1324, 1357, 1360, 1365a, 1365b, 1372,
1379, 1440f, 1537, 1721, 1722, 1731, and 1732; 14 U.S.C. 89, 95; 19
U.S.C. 1589a; 42 U.S.C. 5197a; 44 U.S.C. 3544; 46 U.S.C. 70123; 49
U.S.C. 114, 5103, 40103(b), 40113(a), 44903(b), 44936, 44939, and
46105; 5 CFR part 731; 5 CFR part 732; 32 CFR 147.24; 8 CFR 214.1; 8
CFR 235.1; E.O. 12968 (60 FR 40245), 3 CFR, 1995 Comp. p. 1365; 13764
(82 FR 8115), Homeland Security Presidential Directive 12 (HSPD-12):
Policy for a Common Identification Standard for Federal Employees and
Contractors (Aug. 27, 2004); HSPD-11: Comprehensive Terrorist-Related
Screening Procedures (Aug. 27, 2004); and National Security
Presidential Directive/NSPD-59/HSPD-24: Biometrics for Identification
and Screening to Enhance National Security (June 5, 2008).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to process and maintain biometric and
associated biographic information from non-DHS entities, both foreign
and domestic, for law enforcement, national security, immigration
screening, border enforcement, intelligence, national defense, and
background investigations relating to national security positions,
credentialing, and certain positions of public trust, consistent with
applicable DHS authorities. DHS may use and share these external
biometric and associated biographic records for these same purposes, as
permitted and approved by our partners, if applicable, pursuant to the
agreement or arrangement.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by EBR include the individuals whose biometric
and associated biographic information are collected by non-DHS entities
for the following DHS purposes:
Background checks and suitability screening;
National security;
Law enforcement operations (including individuals who are
removed from a foreign country by a foreign partner government based on
a criminal conviction);
Intelligence;
Border enforcement and immigration screening; and
National defense.
CATEGORIES OF RECORDS IN THE SYSTEM:
Information collected by a non-DHS entity and maintained in this
system includes:
Biometric data, including:
[cir] Facial images;
[cir] Fingerprints;
[cir] Latent fingerprints;
[cir] Iris images;
[cir] Palm prints;
[cir] Voice;
[cir] Scars, marks, and tattoos;
[cir] DNA or DNA Profile; and
[cir] Other modalities.
Biometric-associated biographic data including:
[cir] Full name (i.e., first, middle, last, nicknames, and
aliases);
[cir] Date of birth (DOB);
[cir] Gender;
[cir] Personal physical details, such as height, weight, eye color,
and hair color;
[cir] Signature;
[cir] Assigned number identifiers, such as, but not limited to,
Alien Registration Number (A-Number), Social Security number (SSN),
state identification number, civil record number, other agency system
specific fingerprint record locator information, Federal Bureau of
Investigation (FBI) Number (FNU)/Universal Control Number (UCN),
Encounter Identification Number (EID), Finger Identification Number
(FIN), DoD Biometric Identifier (DoD BID), Transaction Control Number
(TCN), Global Unique Identifier (GUID), National Unique Identification
Number (NUIN), document information and identifiers (e.g., passport and
visa data, document type, document number, country of issuance), when
available; and
[cir] Identifiers for citizenship and nationality, including
person-centric details, such as country of birth, country of
citizenship, and nationality, when available.
Derogatory information (DI), if applicable, including,
wants and warrants, Known or Suspected Terrorist (KST) designation,
sexual offender registration, foreign criminal convictions, and
immigration violations, when available;
Miscellaneous officer comment information, when available;
and
Encounter data, including location and circumstance of
each instance resulting in biometric collection.
RECORD SOURCE CATEGORIES:
EBR SOR receives biometric and associated biographic information
from non-DHS entities that may be used by DHS for a wide array of
purposes, including those listed in the purpose(s) of the system stated
above. EBR maintains records in accordance with the terms of the
agreements or arrangements under which partners provide the external
information to DHS. Records from external Federal partners include
information from the following non-DHS systems of records, last
published at:
JUSTICE/INTERPOL-001 INTERPOL-United States National
Central Bureau (USNCB) Records System, 75 FR 27821 (May 18, 2010)
[Note: records shared with DHS include: law enforcement, intelligence,
and national security records];
JUSTICE/DOJ-005 Nationwide Joint Automated Booking System,
72 FR 3410 (Jan. 25, 2007), 71 FR 52821 (Sept. 7, 2006);
JUSTICE/FBI-009 Next Generation Identification (NGI)
System of Records (pending DOJ release);
JUSTICE/FBI-019 Terrorist Screening Records System of
Records, 76 FR 77847 (Dec. 14, 2011);
A0025-2 SAIS DoD Defense Biometric Services, 74 FR 48237
(Sept. 22, 2009);
A0025-2 PMG (DFBA) DoD Defense Biometric Identification
Records System, 80 FR 8292 (Feb. 17, 2015);
STATE-39 Visa Records 60 FR 39469 (Oct. 25, 2012);
STATE-36, Security Records 80 FR 77691 (Dec. 15, 2015).
EBR SOR receives biometric and associated biographic information
from foreign partners consistent with various international information
sharing and access agreements or arrangements on file with DHS Office
of Policy, International Affairs.
EBR SOR receives biometric and associated biographic information
from State and local partners consistent with various law enforcement
information sharing and access agreements or arrangements.
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
[[Page 17832]]
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. secs. 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 there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or remedy such harm.
F. To another Federal agency or Federal entity, when DHS determines
that information from this system of records is reasonably necessary
and otherwise compatible with the purpose of collection to assist the
recipient agency or entity in (1) responding to a suspected or
confirmed breach or (2) 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.
G. 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.
H. 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.
I. To an appropriate Federal, State, local, tribal, foreign, or
international agency, 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, 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 and when disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
J. To a Federal, State, or 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 U.S. law, Executive Order (E.O.), or other applicable
national security directive.
K. To Federal and foreign government intelligence or
counterterrorism agencies or Components when DHS reasonably believes
there to be a threat or potential threat to national or international
security for which the information may be useful in countering the
threat or potential threat, or when disclosure supports the conduct of
national intelligence and security investigations or assists in anti-
terrorism efforts.
L. To a foreign government to notify it concerning its citizens or
residents who are incapacitated, unaccompanied minors, or deceased.
M. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS identifies a need
to use relevant data for purposes of testing new technology.
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 in secure
facilities protected through multi-layer security mechanisms and
strategies that are physical, technical, administrative, and
environmental in nature. The records may be stored on magnetic disc,
tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by biometrics or select personal
identifiers, including but not limited to names, identification
numbers, dates of birth, nationality, document number, and address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Record Schedule DAA-0563-2013-0001 for DHS's biometric and
biographic records used for national security, law enforcement,
immigration, and other functions consistent with DHS authorities has
been approved by National Archives and Records Administration (NARA).
EBR records include:
1. Law Enforcement Records: Identification, investigation,
apprehension, and/or removal of aliens unlawfully entering or present
in the United States and facilitate legal entry of individuals into the
United States, which must be destroyed or deleted 75
[[Page 17833]]
years after the end of the calendar year in which the data is gathered.
2. Records related to the analysis of relationship patterns among
individuals and organizations that are indicative of violations of the
customs and immigration laws including possible terrorist threats from
non-obvious relationships and specific leads and law enforcement
intelligence for active and new investigations. These records must be
destroyed or deleted 15 years after the end of calendar year of last
use of individual's data.
The latent biometric retention schedule is currently in development
with OBIM Headquarters and will be submitted thereafter to NARA for
approval.
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 consequently the Judicial Redress Act 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 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
herself, 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 the individual may be available under the Freedom
of Information Act.
When seeking records about one from this system of records or any
other Departmental system of records, the request must conform with the
Privacy Act regulations set forth in 6 CFR part 5. The individual must
first verify his or her identity, meaning that he or she must provide
his or her full name, current address, and date and place of birth. The
individual must sign the request, and the 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, an individual 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, the individual should:
Explain why he or she believe the Department would have
information being requested;
Identify which Component(s) of the Department he or she
believes may have the information;
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 the request is seeking records pertaining to another living
individual, the person seeking the records must include a statement
from the subject individual certifying his/her agreement for the
requestor to access his or her records.
Without the above information, the Component(s) may not be able to
conduct an effective search, and the 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
``Record Access Procedures'' above, and 6 CFR part 5.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''
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)(5), and (e)(8); (f); and (g)(1)
through (5). Additionally, the Secretary of Homeland Security, pursuant
to 5 U.S.C. 552a(k)(2) and (k)(5), has exempted this system from the
following provisions of the Privacy Act, 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H); and (f).
Exemptions from these particular subsections are justified on a
case-by-case basis determined at the time a request is made. 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 claim any additional exemptions
set forth here.
HISTORY:
Records in this System of Records were previously covered under
DHS/US-VISIT-001 DHS Automated Biometric Identification System (IDENT),
72 FR 31080 (June 5, 2007).
Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-08453 Filed 4-23-18; 8:45 am]
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