Privacy Act of 1974; System of Records, 13914-13918 [2020-04795]
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Federal Register / Vol. 85, No. 47 / Tuesday, March 10, 2020 / Notices
not exceed Type III in specifications.
This does not preclude a department
from applying for a Type I urban
interface pumper. Type I pumpers
should be requested as a pumper and
specified in the request as Type I.
Recommendations Not Adopted for FY
2019
• The panel recommended that fire
departments implement a requirement
where NFPA standards listed as 1582
physicals become a requirement for all
awards. FEMA recommends evaluating
the impact of this requirement prior to
implementation. It will not be
considered during the application
review.
• The panel recommended that
FEMA adopt new definitions for career
and combination departments to align
with NFPA changes in the 1710 and
1720 standards. FEMA is unable to
adopt this recommendation as it
conflicts with statutory definitions.
Authority: 15 U.S.C. 2229.
Pete Gaynor,
Administrator, Federal Emergency
Management Agency.
[FR Doc. 2020–04860 Filed 3–9–20; 8:45 am]
BILLING CODE 9111–64–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2019–0033]
Privacy Act of 1974; System of
Records
Privacy Office, Department of
Homeland Security.
ACTION: Notice of modified Privacy Act
System of Records.
AGENCY:
In accordance with the
Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘Department of
Homeland Security/ALL–038 Insider
Threat Program System of Records.’’
This system of records allows DHS to
establish capabilities to detect, deter,
and mitigate insider threats. An
‘‘Insider’’ is defined to include any
person who has or who had authorized
access to any DHS facility, information,
equipment, network, or system. An
‘‘insider threat’’ is the threat that an
insider will use his or her authorized
access, wittingly or unwittingly, to do
harm to the Department’s mission,
resources, personnel, facilities,
information, equipment, networks, or
systems. DHS will use the system to
facilitate management of insider threat
inquiries; identify potential threats to
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SUMMARY:
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DHS resources and information assets;
manage referrals of potential insider
threats to and from internal and external
partners; provide authorized assistance
to lawful administrative, civil,
counterintelligence, and criminal
investigations; and provide statistical
reports and meet other insider threat
reporting requirements.
DATES: Submit comments on or before
April 9, 2020. This modified system will
be effective April 9, 2020.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2019–0033 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.
Instructions: All submissions received
must include the agency name and
docket number DHS–2019–0033. 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, 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, Department of
Homeland Security (DHS) proposes to
modify and reissue a current DHS
system of records titled, ‘‘DHS/ALL–038
Insider Threat Program System of
Records.’’
DHS developed an Insider Threat
Program (ITP) to manage insider threat
matters within DHS. The ITP is
mandated by Executive Order 13587,
‘‘Structural Reforms to Improve the
Security of Classified Networks and the
Responsible Sharing and Safeguarding
of Classified Information,’’ issued
October 7, 2011, which requires Federal
agencies to establish an insider threat
detection and prevention program to
ensure the security of classified
networks and the responsible sharing
and safeguarding of classified
information with appropriate
protections for privacy and civil
liberties.
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DHS is modifying the Insider Threat
Program System of Records to account
for the new population affected and new
types of information the program is now
authorized to collect and maintain
pursuant to a memorandum, Expanding
the Scope of the Department of
Homeland Security Insider Threat
Program, submitted to the Secretary of
Homeland Security on December 7,
2016, and approved on January 3, 2017.
Originally, the Insider Threat Program
focused on the detection, prevention,
and mitigation of unauthorized
disclosure of classified information by
DHS personnel with active security
clearances. The Secretary’s
memorandum expands the scope of the
Insider Threat Program to its current
breadth: threats posed to the
Department by all individuals who have
or had access to the Department’s
facilities, information, equipment,
networks, or systems. Unauthorized
disclosure of classified information is
merely one way in which this threat
might manifest. Therefore, the expanded
scope increases the population covered
by the system to include all those with
past or current access to DHS facilities,
information, equipment, networks, or
systems.
Therefore, the Department is
modifying the category of individuals
covered under this SORN to all
individuals who have or had access to
the Department’s facilities, information,
equipment, networks, or systems.
The category of records in this SORN
will be modified to cover records from
any DHS Component, office, program,
record, or source, including records
from information security, personnel
security, and systems security for both
internal and external security threats.
Information contained in such records is
necessary to identify, analyze, or resolve
insider threat matters. Moreover, the
Insider Threat Program system of
records may include information
lawfully obtained from any United
States Government Agency, DHS
Component, other domestic or foreign
government entity, and from a private
sector entity. DHS is also updating
Routine Use E and adding Routine Use
F to comply with requirements set forth
by OMB Memorandum M–17–12,
‘‘Preparing for and Responding to a
Breach of Personally Identifiable
Information,’’ (Jan. 3, 2017).
Additionally, this notice includes nonsubstantive changes to simplify the
formatting and text of the previously
published notice.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/ALL–038 Insider Threat
Program system of records may be
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shared with other DHS components that
have a need to know the information to
carry out their national security, law
enforcement, immigration, intelligence,
or other homeland security functions. In
addition, DHS may share information
with appropriate federal, state, local,
tribal, territorial, foreign, or
international government agencies and
private sector partners consistent with
the routine uses set forth in this system
of records notice.
Furthermore, 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 modified
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 covered
persons with a statutory right 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–038 Insider Threat Program
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:
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Department of Homeland Security
(DHS) DHS/ALL–038 Insider Threat
Program System of Records.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Records are maintained at several
DHS Headquarters and Component
locations in Washington, DC and field
offices.
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SYSTEM MANAGER(S):
Program Manager, Insider Threat
Operations Center (202–447–5010),
Office of the Chief Security Officer,
Department of Homeland Security,
Washington, DC 20528.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Intelligence Reform and Terrorism
Prevention Act of 2004, Public Law
108–458; Intelligence Authorization Act
for FY 2010, Public Law 111–259;
Atomic Energy Act of 1954, 60 Stat. 755,
August 1, 1946; Under Secretary for
Management, Title 6 U.S.C. 341(a)(6);
Investigation of Crimes Involving
Government Officers and Employees,
Title 28 U.S.C. 535; Law Enforcement
Authority of Secretary of Homeland
Security for Protection of Public
Property, Title 40 U.S.C. 1315;
Coordination of Counterintelligence
Activities, Title 50 U.S.C. 3381;
Executive Order 10450, Security
Requirements for Government
Employment, 18 FR 2489 (April 17,
1953); Executive Order 12333, United
States Intelligence Activities, 46 FR
59941 (December 4, 1981), reprinted as
amended in 73 FR 45325 (July 30,
2008); Executive Order 12829, National
Industrial Security Program, 58 FR 3479
(January 06, 1993), reprinted as
amended in part in 80 FR 60271
(September 30, 2015); Executive Order
12968, Access to Classified Information,
60 FR 40245 (August 2, 1995); Executive
Order 13467, Reforming Processes
Related to Suitability for Government
Employment, Fitness for Contractor
Employees, and Eligibility for Access to
Classified National Security
Information, 73 FR 38103 (June 30,
2008), reprinted as amended in part in
82 FR 8115 (January 17, 2017);
Executive Order 13488, Granting
Reciprocity on Excepted Service and
Federal Contractor Employee Fitness
and Reinvestigating Individuals in
Positions of Public Trust, 74 FR 4111
(January 16, 2009), reprinted as
amended in part in 82 FR 8115 (January
17, 2017); Executive Order 13526,
Classified National Security
Information, 75 FR 707 (December 29,
2009); Executive Order 13549, Classified
National Security Information Programs
for State, Local, Tribal, and Private
Sector Entities, 75 FR 51609 (August 18,
2010), reprinted as amended in 80 FR
60271 (September 30, 2015); Executive
Order 13587, Structural Reforms to
Improve the Security of Classified
Networks and the Responsible Sharing
and Safeguarding of Classified
Information, 76 FR 63811 (October 7,
2011); and Presidential Memorandum
National Insider Threat Policy and
Minimum Standards for Executive
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Branch Insider Threat Programs
(November 21, 2012).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to
detect, deter, and mitigate insider
threats. DHS will use the system to
facilitate management of insider threat
inquiries; identify and track potential
insider threats to DHS; manage referrals
of potential insider threats to and from
internal and external partners; provide
authorized assistance to lawful
administrative, civil,
counterintelligence, and criminal
investigations; and generate statistical
reports and meet other insider threat
reporting requirements.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
The categories of individuals covered
by this system are DHS ‘‘insiders,’’ as
defined above, which include present
and former DHS employees, contractors,
detailees, assignees, interns, visitors,
and guests. In addition, persons who
report concerns, witnesses, relatives,
and individuals with other relevant
personal associations with a DHS
insider are covered by the system of
records notice.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system may collect the following
types of information:
• Information potentially relevant to
resolving possible insider threats and
lawful DHS security investigations,
including authorized physical,
personnel, and communications
security investigations, and information
systems security analysis and reporting.
Such information may include:
• Individual’s name and alias(es);
• Date and place of birth;
• Social Security number;
• Address;
• Open source information, including
publicly available social media
information;
• Personal and official email
addresses;
• Citizenship;
• Personal and official phone
numbers;
• Driver license number(s);
• Vehicle Identification Number(s);
• License plate number(s);
• Ethnicity and race;
• Current Employment and
Performance Information;
• Work history;
• Education history;
• Contract information;
• Information on family members,
dependents, relatives and other personal
associations;
• Passport number(s);
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• DHS-held Travel records;
• Gender;
• Hair and eye color;
• Biometric data;
• Other physical or distinguishing
attributes of an individual;
• Medical information;
• Access control pass, credential
number, or other identifying number(s);
• Media obtained through authorized
procedures, such as CCTV footage; and
• Any other information provided to
obtain access to DHS facilities or
information systems.
• Records relating to the management
and operation of the DHS physical,
personnel, and communications
security programs, including:
• Completed standard form
questionnaires issued by the Office of
Personnel Management;
• Background investigative reports
and supporting documentation,
including criminal background,
medical, and financial data;
• Current and former clearance
status(s);
• Other information related to an
individual’s eligibility for access to
classified information;
• Criminal history records;
• Polygraph examination results;
• Logs of computer activities on all
DHS IT systems or any IT systems
accessed by DHS personnel;
• Nondisclosure agreements;
• Document control registries;
• Courier authorization requests;
• Derivative classification unique
identifiers;
• Requests for access to sensitive
compartmented information (SCI);
• Records reflecting personal and
official foreign travel;
• Facility access records;
• Records of contacts with foreign
persons; and
• Briefing/debriefing statements for
special programs, sensitive positions,
and other related information and
documents required in connection with
personnel security clearance
determinations.
• Reports of investigations or
inquiries regarding security violations
or misconduct, including:
• Individuals’ statements or affidavits
and correspondence;
• Incident reports;
• Drug test results;
• Investigative records of a criminal,
civil, or administrative nature;
• Letters, emails, memoranda, and
reports;
• Exhibits, evidence, statements, and
affidavits;
• Inquiries relating to suspected
security violations;
• Recommended remedial actions for
possible security violations; and
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• Personnel files containing
information about misconduct and
adverse actions.
• Any information related to the
management and operation of the DHS
ITP, including:
• Documentation pertaining to factfinding or analytical efforts by ITP
personnel to identify insider threats to
DHS resources, personnel, property,
facilities, or information;
• Records of information technology
events and other information that could
reveal potential insider threat activities;
• Intelligence reports and database
query results relating to individuals
covered by this system;
• Information obtained from the
Intelligence Community, law
enforcement partners, and from other
agencies or organizations about
individuals and/or organizations known
or reasonably suspected of being
engaged in conduct constituting,
preparing for, aiding, or relating to an
insider threat;
• Information provided by subjects
and individual members of the public;
and
• Information provided by
individuals who report known or
suspected insider threats.
RECORD SOURCE CATEGORIES:
Records are obtained from (1)
software that monitors DHS users’
activity on U.S. Government computer
networks; (2) information supplied by
individuals to the Department or by the
individual’s employer; (3) information
provided to the Department to gain
access to DHS facilities, information,
equipment, networks, or systems; (4)
publicly available information obtained
from open source platforms, including
publicly available social media; (5) any
departmental records for which the ITP
has been given authorized access; and
(6) any federal, state, tribal, local
government, or private sector records for
which the ITP has been given
authorized access. The Insider Threat
Operations Center (ITOC) also receives
tips and leads by other means, such as
email or telephone. The ITOC may
receive a tip from any party, including
members of the public.
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:
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A. To the Department of Justice (DOJ),
including the U.S. Attorneys Offices, or
other federal agency conducting
litigation or proceedings before any
court, adjudicative, or administrative
body, when it is relevant or necessary to
the litigation and one of the following
is a party to the litigation or has an
interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee
of DHS in his/her official capacity;
3. Any employee or former employee
of DHS in his/her individual capacity,
only 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 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 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 an appropriate Federal, state,
tribal, local, international, or foreign law
enforcement agency or other appropriate
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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 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.
I. To an appropriate Federal, state,
local, tribal, territorial, 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, delegation or
designation of authority, 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, delegation or designation
of authority, or other benefit and
disclosure is appropriate to the proper
performance of the official duties of the
person making the request.
J. To a prospective or current
employer that has, or is likely to have,
access to any government facility,
information, equipment, network, or
system, to the extent necessary to
determine the employment eligibility of
an individual, based on actions taken by
the Department pursuant to an insider
threat inquiry involving the individual.
K. To third parties during the course
of an 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
individual making the disclosure.
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
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licensed or who is seeking to become
licensed.
M. To another federal agency in order
to conduct or support authorized
counterintelligence activities, as defined
by 50 U.S.C. 3003(3).
N. To any Federal, state, local, tribal,
territorial, foreign, or multinational
government or agency, or appropriate
private sector individuals and
organizations lawfully engaged in
national security or homeland defense
for that entity’s official responsibilities,
including responsibilities to counter,
deter, prevent, prepare for, respond to,
threats to national or homeland security,
including an act of terrorism or
espionage.
O. To a Federal, state, local, tribal, or
territorial government or agency
lawfully engaged in the collection of
intelligence (including national
intelligence, foreign intelligence, and
counterintelligence), counterterrorism,
homeland security, law enforcement or
law enforcement intelligence, and other
information, when disclosure is
undertaken for intelligence,
counterterrorism, homeland security, or
related law enforcement purposes, as
authorized by U.S. Law or Executive
Order.
P. To any individual, organization, or
entity, as appropriate, to notify them of
a serious threat to homeland security
and/or a potential insider threat for the
purpose of guarding them against or
responding to such a threat, or when
there is a reason to believe that the
recipient is or could become the target
of a particular threat, to the extent the
information is relevant to the protection
of life, health, or property.
Q. To members of the U.S. House
Committee on Oversight and Reform
and the Senate Homeland Security and
Governmental Affairs Committee
pursuant to a written request under 5
U.S.C. 2954, after consultation with the
Chief Privacy Officer and the General
Counsel.
R. To a federal agency or entity that
has information relevant to an allegation
or investigation regarding an insider
threat for purposes of obtaining
guidance, additional information, or
advice from such federal agency or
entity regarding the handling of an
insider threat matter, or to a federal
agency or entity that was consulted
during the processing of the allegation
or investigation but that did not
ultimately have relevant information.
S. To a former DHS employee, DHS
contractor, or individual sponsored by
DHS for a security clearance for
purposes of responding to an official
inquiry by federal, state, local, tribal, or
territorial government agencies or
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professional licensing authorities; or
facilitating communications with a
former employee that may be relevant
and necessary for personnel-related or
other official purposes when DHS
requires information or consultation
assistance from the former employee
regarding a matter within that person’s
former area of responsibility.
T. 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/ALL–038 Insider Threat Program
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:
DHS may retrieve records by first and
last name, Social Security number, date
of birth, phone number, other unique
individual identifiers, and other types of
information by key word search.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
In accordance with General Records
Schedule 5.6: Security Records (July
2017), Insider Threat (a) records
pertaining to an ‘‘insider threat inquiry’’
are destroyed 25 years after the close of
the inquiry; (b) records containing
‘‘insider threat information’’ are
destroyed when 25 years old; (c) insider
threat user activity monitoring (UAM)
data is destroyed no sooner than 5 years
after the inquiry has been opened, but
longer retention is authorized if
required for business use; and (d)
insider threat administrative and
operations records are destroyed when 7
years old.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS ITP safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
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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.
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RECORD ACCESS PROCEDURES:
As described below, this system of
records is exempt from the notification,
access, and amendment provisions of
the Privacy Act, and the Judicial
Redress Act if applicable. However,
DHS will consider individual requests
to determine whether or not information
may be released. 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 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 provides a right of access,
certain records about you may be
available under the Freedom of
Information Act.
When an individual is seeking records
about himself or herself from this
system of records or any other
Departmental system of records, the
individual’s request must conform with
the Privacy Act regulations set forth in
6 CFR part 5. The individual must first
verify his/her identity, meaning that the
individual must provide his/her full
name, current address, and date and
place of birth. The individual must sign
the request, and the individual’s
signature must either be notarized or
submitted under Title 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 believes the
Department would have information
being requested;
VerDate Sep<11>2014
17:20 Mar 09, 2020
Jkt 250001
• Identify which component(s) of the
Department he or she believes may have
the information;
• Specify when the individual
believes 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 request must include an
authorization from the individual whose
record is being requested, authorizing
the release to the requester.
Without the above information, the
component(s) may not be able to
conduct an effective search, and the
individual’s request may be denied due
to lack of specificity or lack of
compliance with applicable regulations.
For records covered by the Privacy
Act or Judicial Redress Act-covered
records, individuals may make a request
for amendment or correction of a record
of the Department about the individual
by writing directly to the Department
component that maintains the record.
The request should identify each
particular record in question, state the
amendment or correction desired, and
state why the individual believes that
the record is not accurate, relevant,
timely, or complete. The individual may
submit any documentation that would
be helpful. If the individual believes
that the same record is in more than one
system of records, the request should
state that and be addressed to each
component that maintains a system of
records containing the record.
NOTIFICATION PROCEDURES:
See ‘‘Record Access Procedures’’
above.
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), (e)(12); (f); and (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,
5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). When this
system receives a record from another
system exempted in that source system
under Title 5 U.S.C. 552a(j)(2), 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5), DHS will
claim the same exemptions for those
Frm 00062
Fmt 4703
Sfmt 4703
HISTORY:
81 FR 9871 (February 26, 2016).
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2020–04795 Filed 3–9–20; 8:45 am]
BILLING CODE 9110–9B–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
[LLAK940000.L14100000.
BX0000.20X.LXSS001L0100]
Filing of Plats of Survey: Alaska
Bureau of Land Management,
Interior.
ACTION: Notice of official filing.
AGENCY:
CONTESTING RECORD PROCEDURES:
PO 00000
records that are claimed for the original
primary systems of records from which
they originated and claims any
additional exemptions set forth here.
The plats of survey of lands
described in this notice are scheduled to
be officially filed in the Bureau of Land
Management (BLM), Alaska State Office,
Anchorage, Alaska. These surveys were
executed at the request of the Bering
Straits Native Corporation,
Kootznoowoo, Incorporated, and the
BLM, are necessary for the management
of these lands.
DATES: The BLM must receive protests
by April 9, 2020.
ADDRESSES: You may buy a copy of the
plats from the BLM Alaska Public
Information Center, 222 W. 7th Avenue,
Mailstop 13, Anchorage, AK 99513.
Please use this address when filing
written protests. You may also view the
plats at the BLM Alaska Public
Information Center, Fitzgerald Federal
Building, 222 W. 8th Avenue,
Anchorage, Alaska, at no cost.
FOR FURTHER INFORMATION CONTACT:
Douglas N. Haywood, Chief, Branch of
Cadastral Survey, Alaska State Office,
Bureau of Land Management, 222 W.
7th Avenue, Anchorage, AK 99513;
907–271–5481; dhaywood@blm.gov.
People who use a telecommunications
device for the deaf may call the Federal
Relay Service (FRS) at 1–800–877–8339
to contact the BLM during normal
business hours. The FRS is available 24
hours a day, 7 days a week, to leave a
message or question with the above
individual. You will receive a reply
during normal business hours.
SUPPLEMENTARY INFORMATION: The lands
surveyed are:
SUMMARY:
Copper River Meridian, Alaska
T. 4 N., R. 1 W., accepted February 25, 2020
E:\FR\FM\10MRN1.SGM
10MRN1
Agencies
[Federal Register Volume 85, Number 47 (Tuesday, March 10, 2020)]
[Notices]
[Pages 13914-13918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-04795]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2019-0033]
Privacy Act of 1974; System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of modified Privacy Act System of Records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a current DHS
system of records titled, ``Department of Homeland Security/ALL-038
Insider Threat Program System of Records.'' This system of records
allows DHS to establish capabilities to detect, deter, and mitigate
insider threats. An ``Insider'' is defined to include any person who
has or who had authorized access to any DHS facility, information,
equipment, network, or system. An ``insider threat'' is the threat that
an insider will use his or her authorized access, wittingly or
unwittingly, to do harm to the Department's mission, resources,
personnel, facilities, information, equipment, networks, or systems.
DHS will use the system to facilitate management of insider threat
inquiries; identify potential threats to DHS resources and information
assets; manage referrals of potential insider threats to and from
internal and external partners; provide authorized assistance to lawful
administrative, civil, counterintelligence, and criminal
investigations; and provide statistical reports and meet other insider
threat reporting requirements.
DATES: Submit comments on or before April 9, 2020. This modified system
will be effective April 9, 2020.
ADDRESSES: You may submit comments, identified by docket number DHS-
2019-0033 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.
Instructions: All submissions received must include the agency name
and docket number DHS-2019-0033. 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, 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,
Department of Homeland Security (DHS) proposes to modify and reissue a
current DHS system of records titled, ``DHS/ALL-038 Insider Threat
Program System of Records.''
DHS developed an Insider Threat Program (ITP) to manage insider
threat matters within DHS. The ITP is mandated by Executive Order
13587, ``Structural Reforms to Improve the Security of Classified
Networks and the Responsible Sharing and Safeguarding of Classified
Information,'' issued October 7, 2011, which requires Federal agencies
to establish an insider threat detection and prevention program to
ensure the security of classified networks and the responsible sharing
and safeguarding of classified information with appropriate protections
for privacy and civil liberties.
DHS is modifying the Insider Threat Program System of Records to
account for the new population affected and new types of information
the program is now authorized to collect and maintain pursuant to a
memorandum, Expanding the Scope of the Department of Homeland Security
Insider Threat Program, submitted to the Secretary of Homeland Security
on December 7, 2016, and approved on January 3, 2017. Originally, the
Insider Threat Program focused on the detection, prevention, and
mitigation of unauthorized disclosure of classified information by DHS
personnel with active security clearances. The Secretary's memorandum
expands the scope of the Insider Threat Program to its current breadth:
threats posed to the Department by all individuals who have or had
access to the Department's facilities, information, equipment,
networks, or systems. Unauthorized disclosure of classified information
is merely one way in which this threat might manifest. Therefore, the
expanded scope increases the population covered by the system to
include all those with past or current access to DHS facilities,
information, equipment, networks, or systems.
Therefore, the Department is modifying the category of individuals
covered under this SORN to all individuals who have or had access to
the Department's facilities, information, equipment, networks, or
systems.
The category of records in this SORN will be modified to cover
records from any DHS Component, office, program, record, or source,
including records from information security, personnel security, and
systems security for both internal and external security threats.
Information contained in such records is necessary to identify,
analyze, or resolve insider threat matters. Moreover, the Insider
Threat Program system of records may include information lawfully
obtained from any United States Government Agency, DHS Component, other
domestic or foreign government entity, and from a private sector
entity. DHS is also updating Routine Use E and adding Routine Use F to
comply with requirements set forth by OMB Memorandum M-17-12,
``Preparing for and Responding to a Breach of Personally Identifiable
Information,'' (Jan. 3, 2017). Additionally, this notice includes non-
substantive changes to simplify the formatting and text of the
previously published notice.
Consistent with DHS's information sharing mission, information
stored in the DHS/ALL-038 Insider Threat Program system of records may
be
[[Page 13915]]
shared with other DHS components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, DHS may share information with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies and private sector partners consistent with the routine uses
set forth in this system of records notice.
Furthermore, 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 modified 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 covered persons with a statutory right 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-038 Insider Threat Program
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) DHS/ALL-038 Insider Threat
Program System of Records.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Records are maintained at several DHS Headquarters and Component
locations in Washington, DC and field offices.
SYSTEM MANAGER(S):
Program Manager, Insider Threat Operations Center (202-447-5010),
Office of the Chief Security Officer, Department of Homeland Security,
Washington, DC 20528.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Intelligence Reform and Terrorism Prevention Act of 2004, Public
Law 108-458; Intelligence Authorization Act for FY 2010, Public Law
111-259; Atomic Energy Act of 1954, 60 Stat. 755, August 1, 1946; Under
Secretary for Management, Title 6 U.S.C. 341(a)(6); Investigation of
Crimes Involving Government Officers and Employees, Title 28 U.S.C.
535; Law Enforcement Authority of Secretary of Homeland Security for
Protection of Public Property, Title 40 U.S.C. 1315; Coordination of
Counterintelligence Activities, Title 50 U.S.C. 3381; Executive Order
10450, Security Requirements for Government Employment, 18 FR 2489
(April 17, 1953); Executive Order 12333, United States Intelligence
Activities, 46 FR 59941 (December 4, 1981), reprinted as amended in 73
FR 45325 (July 30, 2008); Executive Order 12829, National Industrial
Security Program, 58 FR 3479 (January 06, 1993), reprinted as amended
in part in 80 FR 60271 (September 30, 2015); Executive Order 12968,
Access to Classified Information, 60 FR 40245 (August 2, 1995);
Executive Order 13467, Reforming Processes Related to Suitability for
Government Employment, Fitness for Contractor Employees, and
Eligibility for Access to Classified National Security Information, 73
FR 38103 (June 30, 2008), reprinted as amended in part in 82 FR 8115
(January 17, 2017); Executive Order 13488, Granting Reciprocity on
Excepted Service and Federal Contractor Employee Fitness and
Reinvestigating Individuals in Positions of Public Trust, 74 FR 4111
(January 16, 2009), reprinted as amended in part in 82 FR 8115 (January
17, 2017); Executive Order 13526, Classified National Security
Information, 75 FR 707 (December 29, 2009); Executive Order 13549,
Classified National Security Information Programs for State, Local,
Tribal, and Private Sector Entities, 75 FR 51609 (August 18, 2010),
reprinted as amended in 80 FR 60271 (September 30, 2015); Executive
Order 13587, Structural Reforms to Improve the Security of Classified
Networks and the Responsible Sharing and Safeguarding of Classified
Information, 76 FR 63811 (October 7, 2011); and Presidential Memorandum
National Insider Threat Policy and Minimum Standards for Executive
Branch Insider Threat Programs (November 21, 2012).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to detect, deter, and mitigate
insider threats. DHS will use the system to facilitate management of
insider threat inquiries; identify and track potential insider threats
to DHS; manage referrals of potential insider threats to and from
internal and external partners; provide authorized assistance to lawful
administrative, civil, counterintelligence, and criminal
investigations; and generate statistical reports and meet other insider
threat reporting requirements.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered by this system are DHS
``insiders,'' as defined above, which include present and former DHS
employees, contractors, detailees, assignees, interns, visitors, and
guests. In addition, persons who report concerns, witnesses, relatives,
and individuals with other relevant personal associations with a DHS
insider are covered by the system of records notice.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system may collect the following types of information:
Information potentially relevant to resolving possible
insider threats and lawful DHS security investigations, including
authorized physical, personnel, and communications security
investigations, and information systems security analysis and
reporting. Such information may include:
Individual's name and alias(es);
Date and place of birth;
Social Security number;
Address;
Open source information, including publicly available
social media information;
Personal and official email addresses;
Citizenship;
Personal and official phone numbers;
Driver license number(s);
Vehicle Identification Number(s);
License plate number(s);
Ethnicity and race;
Current Employment and Performance Information;
Work history;
Education history;
Contract information;
Information on family members, dependents, relatives and
other personal associations;
Passport number(s);
[[Page 13916]]
DHS-held Travel records;
Gender;
Hair and eye color;
Biometric data;
Other physical or distinguishing attributes of an
individual;
Medical information;
Access control pass, credential number, or other
identifying number(s);
Media obtained through authorized procedures, such as CCTV
footage; and
Any other information provided to obtain access to DHS
facilities or information systems.
Records relating to the management and operation of the
DHS physical, personnel, and communications security programs,
including:
Completed standard form questionnaires issued by the
Office of Personnel Management;
Background investigative reports and supporting
documentation, including criminal background, medical, and financial
data;
Current and former clearance status(s);
Other information related to an individual's eligibility
for access to classified information;
Criminal history records;
Polygraph examination results;
Logs of computer activities on all DHS IT systems or any
IT systems accessed by DHS personnel;
Nondisclosure agreements;
Document control registries;
Courier authorization requests;
Derivative classification unique identifiers;
Requests for access to sensitive compartmented information
(SCI);
Records reflecting personal and official foreign travel;
Facility access records;
Records of contacts with foreign persons; and
Briefing/debriefing statements for special programs,
sensitive positions, and other related information and documents
required in connection with personnel security clearance
determinations.
Reports of investigations or inquiries regarding security
violations or misconduct, including:
Individuals' statements or affidavits and correspondence;
Incident reports;
Drug test results;
Investigative records of a criminal, civil, or
administrative nature;
Letters, emails, memoranda, and reports;
Exhibits, evidence, statements, and affidavits;
Inquiries relating to suspected security violations;
Recommended remedial actions for possible security
violations; and
Personnel files containing information about misconduct
and adverse actions.
Any information related to the management and operation of
the DHS ITP, including:
Documentation pertaining to fact-finding or analytical
efforts by ITP personnel to identify insider threats to DHS resources,
personnel, property, facilities, or information;
Records of information technology events and other
information that could reveal potential insider threat activities;
Intelligence reports and database query results relating
to individuals covered by this system;
Information obtained from the Intelligence Community, law
enforcement partners, and from other agencies or organizations about
individuals and/or organizations known or reasonably suspected of being
engaged in conduct constituting, preparing for, aiding, or relating to
an insider threat;
Information provided by subjects and individual members of
the public; and
Information provided by individuals who report known or
suspected insider threats.
Record Source Categories:
Records are obtained from (1) software that monitors DHS users'
activity on U.S. Government computer networks; (2) information supplied
by individuals to the Department or by the individual's employer; (3)
information provided to the Department to gain access to DHS
facilities, information, equipment, networks, or systems; (4) publicly
available information obtained from open source platforms, including
publicly available social media; (5) any departmental records for which
the ITP has been given authorized access; and (6) any federal, state,
tribal, local government, or private sector records for which the ITP
has been given authorized access. The Insider Threat Operations Center
(ITOC) also receives tips and leads by other means, such as email or
telephone. The ITOC may receive a tip from any party, including members
of the public.
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 the U.S. Attorneys
Offices, or other federal agency conducting litigation or proceedings
before any court, adjudicative, or administrative body, when it is
relevant or necessary to the litigation and one of the following is a
party to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity, only 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 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 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 an appropriate Federal, state, tribal, local, international,
or foreign law enforcement agency or other appropriate
[[Page 13917]]
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 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.
I. To an appropriate Federal, state, local, tribal, territorial,
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, delegation or designation of authority, 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, delegation or designation of authority, or other benefit and
disclosure is appropriate to the proper performance of the official
duties of the person making the request.
J. To a prospective or current employer that has, or is likely to
have, access to any government facility, information, equipment,
network, or system, to the extent necessary to determine the employment
eligibility of an individual, based on actions taken by the Department
pursuant to an insider threat inquiry involving the individual.
K. To third parties during the course of an 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 individual making the disclosure.
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 another federal agency in order to conduct or support
authorized counterintelligence activities, as defined by 50 U.S.C.
3003(3).
N. To any Federal, state, local, tribal, territorial, foreign, or
multinational government or agency, or appropriate private sector
individuals and organizations lawfully engaged in national security or
homeland defense for that entity's official responsibilities, including
responsibilities to counter, deter, prevent, prepare for, respond to,
threats to national or homeland security, including an act of terrorism
or espionage.
O. To a Federal, state, local, tribal, or territorial government or
agency lawfully engaged in the collection of intelligence (including
national intelligence, foreign intelligence, and counterintelligence),
counterterrorism, homeland security, law enforcement or law enforcement
intelligence, and other information, when disclosure is undertaken for
intelligence, counterterrorism, homeland security, or related law
enforcement purposes, as authorized by U.S. Law or Executive Order.
P. To any individual, organization, or entity, as appropriate, to
notify them of a serious threat to homeland security and/or a potential
insider threat for the purpose of guarding them against or responding
to such a threat, or when there is a reason to believe that the
recipient is or could become the target of a particular threat, to the
extent the information is relevant to the protection of life, health,
or property.
Q. To members of the U.S. House Committee on Oversight and Reform
and the Senate Homeland Security and Governmental Affairs Committee
pursuant to a written request under 5 U.S.C. 2954, after consultation
with the Chief Privacy Officer and the General Counsel.
R. To a federal agency or entity that has information relevant to
an allegation or investigation regarding an insider threat for purposes
of obtaining guidance, additional information, or advice from such
federal agency or entity regarding the handling of an insider threat
matter, or to a federal agency or entity that was consulted during the
processing of the allegation or investigation but that did not
ultimately have relevant information.
S. To a former DHS employee, DHS contractor, or individual
sponsored by DHS for a security clearance for purposes of responding to
an official inquiry by federal, state, local, tribal, or territorial
government agencies or professional licensing authorities; or
facilitating communications with a former employee that may be relevant
and necessary for personnel-related or other official purposes when DHS
requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
T. 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/ALL-038 Insider Threat Program 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:
DHS may retrieve records by first and last name, Social Security
number, date of birth, phone number, other unique individual
identifiers, and other types of information by key word search.
Policies and Practices for Retention and Disposal of Records:
In accordance with General Records Schedule 5.6: Security Records
(July 2017), Insider Threat (a) records pertaining to an ``insider
threat inquiry'' are destroyed 25 years after the close of the inquiry;
(b) records containing ``insider threat information'' are destroyed
when 25 years old; (c) insider threat user activity monitoring (UAM)
data is destroyed no sooner than 5 years after the inquiry has been
opened, but longer retention is authorized if required for business
use; and (d) insider threat administrative and operations records are
destroyed when 7 years old.
Administrative, Technical, and Physical Safeguards:
DHS ITP safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and
[[Page 13918]]
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:
As described below, this system of records is exempt from the
notification, access, and amendment provisions of the Privacy Act, and
the Judicial Redress Act if applicable. However, DHS will consider
individual requests to determine whether or not information may be
released. 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 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 provides a right
of access, certain records about you may be available under the Freedom
of Information Act.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's signature must either be notarized or
submitted under Title 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 believes the Department would have
information being requested;
Identify which component(s) of the Department he or she
believes may have the information;
Specify when the individual believes 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 request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's 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 Judicial Redress Act-
covered records, individuals may make a request for amendment or
correction of a record of the Department about the individual by
writing directly to the Department component that maintains the record.
The request should identify each particular record in question, state
the amendment or correction desired, and state why the individual
believes that the record is not accurate, relevant, timely, or
complete. The individual may submit any documentation that would be
helpful. If the individual believes that the same record is in more
than one system of records, the request should state that and be
addressed to each component that maintains a system of records
containing the record.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
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), (e)(12); (f); and
(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, 5 U.S.C. 552a(c)(3); (d);
(e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I); and (f). When this system
receives a record from another system exempted in that source system
under Title 5 U.S.C. 552a(j)(2), 5 U.S.C. 552a(k)(1), (k)(2), and
(k)(5), 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:
81 FR 9871 (February 26, 2016).
Jonathan R. Cantor,
Acting Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-04795 Filed 3-9-20; 8:45 am]
BILLING CODE 9110-9B-P