Privacy Act of 1974; System of Records, 64519-64523 [2020-22534]
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Federal Register / Vol. 85, No. 198 / Tuesday, October 13, 2020 / Notices
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 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 the 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 requestor.
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.
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CONTESTING RECORD PROCEDURES:
For records covered by the Privacy
Act or covered JRA 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, unless the record
is not subject to amendment or
correction. 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 so
state and be addressed to each
component that maintains a system of
records containing the record.
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Individuals who wish to contest the
accuracy of records in this system of
records should submit these requests to
the Privacy Division of the ICE
Information Governance & Privacy
Office. Requests must comply with
verification of identity requirements set
forth in Department of Homeland
Security Privacy Act regulations at 6
CFR 5.21(d). Please specify the nature of
the complaint and provide any
supporting documentation. By mail
(please note substantial delivery delays
exist): ICE Information Governance &
Privacy Office, ATTN: Privacy Division,
500 12th Street SW, Mail Stop 5004,
Washington, DC 20536. By email:
ICEPrivacy@ice.dhs.gov.
Please contact the Privacy Division
with any questions about submitting a
request at ICEPrivacy@ice.dhs.gov.
NOTIFICATION PROCEDURES:
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
DHS/ICE–004 Bonds Management
Information System (BMIS) System of
Records, 76 FR 8761 (February 15,
2011).
Constantina Kozanas,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2020–22535 Filed 10–9–20; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2020–0007]
Privacy Act of 1974; System of
Records
United States Secret Service,
Department of Homeland Security.
ACTION: Notice of a modified 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/United States Secret
Service (USSS)-004 Protection
Information System of Records.’’ This
system of records describes DHS/USSS
collection and maintenance of records
on information relative to the protective
mission of the agency. In this system of
records notice update, DHS/USSS is
modifying the categories of individuals,
categories of records, routine uses,
Authorities, and the retention and
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disposal of records. Additionally, this
notice includes non-substantive changes
to simplify the formatting and text of the
previously published notice. The
Department of Homeland Security
previously published a Final Rule in the
Federal Register to exempt this system
of records from certain provisions of the
Privacy Act. The current updates to this
system of records do not impact the
nature of the exemptions claimed; the
exemptions continue to apply to this
update. This modified system will be
included in DHS’s inventory of record
systems.
Submit comments on or before
November 12, 2020. This modified
system will be effective upon
publication. New or modified routine
uses will be effective November 12,
2020.
DATES:
You may submit comments,
identified by docket number DHS–
2020–0007 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: Constantina Kozanas, 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–2020–0007. 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.
ADDRESSES:
See ‘‘Record Access Procedures’’
above.
SUMMARY:
64519
For
general questions, please contact: E.
Gayle Rucker, 202–406–5838,
PrivacyServicesProgram@usss.dhs.gov,
Privacy Officer, United States Secret
Service, 245 Murray Lane SW, Building
T–5, Washington, DC 20223. For privacy
questions, please contact: Constantina
Kozanas, (202) 343–1717, Privacy@
hq.dhs.gov, Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528–0655.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
In accordance with the Privacy Act of
1974, 5 U.S.C. 552a, the Department of
Homeland Security (DHS) United States
Secret Service (USSS) proposes to
modify and reissue a current DHS
system of records titled, DHS/USSS 004
Protection Information System of
Records. Information collected in this
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system of records is used to assist USSS
in protecting its designated protectees,
events, and venues. In doing so, USSS
maintains necessary information to
implement protective measures and to
make protective inquiries concerning
individuals who may come into
proximity of a protectee, access a
protected facility or event, or who have
been involved in incidents or events
that relate to the protective functions of
USSS. Further, USSS ensures this
protective information is appropriately
managed and accessible to authorized
users while employing appropriate
safeguards to ensure that information is
properly protected in accordance to
national security standards.
DHS/USSS is updating this SORN to:
(1) Update the categories of
individuals to include individuals who
could be in proximity to protected
persons or areas secured by USSS;
(2) update the categories of
individuals to include persons who fly
Unmanned Aircraft Systems (UAS) into
areas secured by USSS;
(3) update the categories of records to
broaden the name category to include
variations of types;
(4) update the categories of records to
broaden the address category to an allinclusive category of Contact
Information Identifiers;
(5) update the categories of records to
separate confinement and release types
from disposition of criminal charges
types;
(6) update the categories of records for
protective functions to include those
related to furthering threat assessment
and targeted violence prevention
activities, as well as when exercising
other USSS protective functions;
(7) update the categories of records to
add name check records for
credentialing some individuals near
protectees;
(8) update the categories of records to
include Protective Operations program
and management files and Special Event
files;
(9) update the categories of records to
include citizenship information and
identifiers;
(10) update the categories of records
to include Government-issued
Identifiers of persons;
(11) update the categories of records
to include Government-issued
Identifiers of property;
(12) update the categories of records
to include biometric identifiers and
profiles based on biometric attributes;
(13) update the categories of records
to include samples of deoxyribonucleic
acid DNA and their DNA profiles;
(14) update the routine uses to
support USSS’s protective function
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mission to include furthering threat
assessment and targeted violence
prevention activities;
(15) update the Authorities to include
Special Events and the National Threat
Assessment Center (NTAC) protective
activities;
(16) update the Purpose of System to
broaden the activities associated with
the agency’s protective mission;
(17) update the retention and disposal
of records to reflect the most recent
National Archives and Records
Administration (NARA)-approved
records schedules and to include
Protective Operations program and
management files and Security Events.
Consistent with DHS’s information
sharing mission, information stored in
the DHS/USSS–004 Protection
Information System of Records may be
shared with other DHS Components that
have a need to know the information to
carry out their national security, law
enforcement, immigration, intelligence,
or other homeland security functions. In
addition, DHS/USSS may share
information with appropriate federal,
state, local, tribal, territorial, foreign, or
international government agencies
consistent with the routine uses set
forth in this system of records notice.
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/
USSS–004 Protection Information
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
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Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
Department of Homeland Security
(DHS)/United States Secret Service
(USSS)-004 Protection Information
System.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Records are maintained at the USSS
Headquarters in Washington, DC and
field offices. IT Systems covered by this
SORN, include E-Check; Protective
Intelligence Exchange (PIX); eCASE; and
Protective Threat Management System
(PTMS); which all can be accessed by
individuals located at the United States
Secret Service, and 245 Murray Lane
SW, Building T–5, Washington, DC
20223.
SYSTEM MANAGER(S):
Assistant Director, Office of Strategic
Intelligence and Information; Assistant
Director, Office of Technical
Development and Mission Support; and
Assistant Director, Office of Protective
Operations, wfo@usss.dhs.gov, 245
Murray Lane SW, Building T–5,
Washington, DC 20223.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
18 U.S.C. 3056; 18 U.S.C. 3056A; 18
U.S.C. 871; 18 U.S.C. 879; Presidential
Threat Protection Act of 2000, Pub. L.
106–544.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is: (1) To
assist USSS in protecting its protectees
by recording information necessary to
implement protective measures and to
investigate individuals who may come
into proximity with a protectee or who
have sought to make contact with a
protectee, as well as individuals who
have been involved in incidents or
events that relate to the protective
functions of USSS; (2) to support field
agents coordinating physical security for
designated Security Events by providing
access to information regarding cases
and threat assessments; and (3) to
enable USSS to provide assistance to
law enforcement officials, school
personnel, and others with protective
and public safety responsibilities for
various types of targeted violence, such
as the services provided by the National
Threat Assessment Center.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
(1) Individuals who have been or are
currently the subject of a criminal
investigation by USSS or another law
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enforcement agency for the violation of
certain criminal statutes relating to the
safety of persons or security of events,
properties, facilities, and areas protected
by USSS; (2) Individuals who are
subjects of investigative records and
reports supplied to USSS by federal,
state, and local law enforcement
agencies, or private institutions and
individuals, in conjunction with the
protective functions of USSS; (3)
Individuals who are the subjects of noncriminal protective inquiries by USSS
and other law enforcement agencies; (4)
Individuals who are granted or denied
ingress and egress to events, properties,
facilities, and areas secured by USSS, or
have access to areas in proximity to
protected persons or areas secured by
USSS, including but not limited to
invitees, passholders, tradesmen, law
enforcement personnel, maintenance
personnel, or service personnel; (5)
Individuals who are witnesses, suspects,
complainants, informants, defendants,
fugitives, released prisoners, and
correspondents who have been
identified by USSS or from information
supplied by other law enforcement
agencies, governmental units, private
institutions, and members of the general
public in connection with USSS
performance of its protective functions;
(6) Individuals who fly Unmanned
Aircraft Systems (UAS) into protected
areas; (7) Individuals who have sought
an audience or contact with persons
protected by USSS; (8) Individuals who
could otherwise be in proximity of
protectees or in contact with persons
protected by USSS; (9) Individuals who
have been involved in law enforcement
encounters, incidents or events that
relate to the protective functions of
USSS; and (10) Individuals who have
been or are currently protected by
USSS.
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CATEGORIES OF RECORDS IN THE SYSTEM:
• Name, alias, or code name;
• Contact information identifiers,
such as physical and electronic
addresses and phone numbers;
• Date of birth;
• Case number;
• Arrest Record;
• Government-controlled
confinement and release information;
• Nature and disposition of criminal
charges, to include sentencing and
parole or probation status;
• Records concerning agency
activities associated with protectee
movements and other protective
measures taken on a protectee’s behalf;
• Records containing information
compiled for identifying and evaluating
individuals who may constitute a threat
to the safety or persons or security of
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events, properties, facilities, and areas
protected by USSS;
• Records containing information
compiled for a criminal investigation,
including reports of informants and
investigators, that are associated with an
identifiable individual;
• Records containing reports relative
to an individual compiled at various
stages of the process of enforcement of
certain criminal laws from arrest or
indictment through release from
supervision;
• Records containing information
supplied by other federal, state, and
local law enforcement agencies, foreign
or domestic, other non-law enforcement
governmental agencies, private
institutions, and persons concerning
individuals who, because of their
activities, personality traits, criminal or
mental history, or history of social
deviancy, may be of interest to USSS in
connection with the performance of its
protective functions to include
furthering threat assessment and
targeted violence prevention activities,
as well as when exercising other USSS
protective functions;
• Records containing information
compiled for background investigations,
including name check records for
credentialing some individuals,
including but not limited to,
passholders, tradesmen, maintenance,
or service personnel who have access
and/or have been denied access to areas
secured by or who may be in close
proximity to persons protected by
USSS;
• Records containing information
compiled during protective law
enforcement encounters in conjunction
with National Security Events;
• Records containing information
from the Protective Operations program
and program files and security event
management files;
• Records containing citizenship
information and identifiers;
• Records containing information
from Government-issued identifiers,
including Passport, Social Security, and
Driver License Numbers;
• Records containing information
from Government-Issued property
identifiers, to include boat, vehicle, and
UAS registration numbers;
• Records containing information
from biometric identifiers and profiles
based on biometric attributes to include
fingerprint and voiceprint. Such
information may be both electronically
analyzed and/or examined by human
agents; and
• Records containing information
from DNA samples and profiles of DNA
obtained from the body, such as bodily
fluids, or obtained from contacted
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surfaces. Such information may be both
electronically analyzed and/or
examined by human agents.
RECORD SOURCE CATEGORIES:
The Secretary of Homeland Security
has exempted this system from
subsections (e)(4)(I) of the Privacy Act
pursuant to 5 U.S.C. 552a(j)(2), (k)(2),
and (k)(3); therefore, records sources
shall not be disclosed.
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 agencies 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 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
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
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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
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 federal, state, and local
governmental agencies for criminal
prosecutions; to parole and probation
authorities for sentencing and to
determine the parole and probation
status of criminal offenders or suspected
criminal offenders; and to personnel
necessary for the completion of civil
and other proceedings involving USSS
protective functions.
J. To federal, state, and local
governmental agencies, foreign and
domestic, for the purposes of
developing information on subjects
involved in USSS protective
investigations and the evaluation for
and by USSS of persons considered to
be of protective interest and for
protective functions.
K. To federal, state, and local
governmental agencies, foreign and
domestic, private institutions and
private individuals, for the purposes of
designing and implementing protective
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measures, furthering threat assessment
and targeted violence prevention
activities, and exercising other USSS
protective functions.
L. To private institutions and private
individuals, to include identifying
information pertaining to actual or
suspected criminal offenders or other
individuals considered to be of
protective interest, for furthering USSS
efforts to evaluate the danger such
individuals pose to protected persons,
facilities, and events.
M. To a court, magistrate, or
administrative tribunal in the course of
presenting evidence and opposing
counsel or witnesses in the course of
civil discovery, litigation, or settlement
negotiations or in connection with
criminal or civil proceedings.
N. 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 the
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, 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.
O. To appropriate federal, state, local,
tribal, or foreign governmental agencies
or multilateral governmental
organizations, with the approval of the
Chief Privacy Officer, when DHS is
aware of a need to use relevant data for
purposes of testing new technology that
relate to the purpose(s) stated in this
SORN.
P. 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/USSS stores records in this
system electronically or on paper in
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secure facilities behind a locked door.
The electronic records may be stored on
magnetic disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
DHS/USSS may retrieve records by
case number, name, or other identifying
data or other case related data in master
and magnetic media indices. Access to
the physical files is located at field
offices, Headquarters, and other
Washington, DC locations.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Pursuant to NARA Schedule N1–087–
11–2, Protective Intelligence Exchange
System (PIX), protective intelligence
case records, including non-judicial
protective intelligence cases, are
routinely retained for a period of up to
5 years from the date of last action; or
for 10 years from the date of last action
if they contain electronic records. All
judicial records are retained for a period
of 30 years from the date of last action,
unless otherwise required to be held
permanently for transfer to NARA. Files
relating to issuance of White House
Complex passes for employees of the
White House, USSS employees, press
representatives accredited at the White
House, and other authorized individuals
are retained for a period of 8 years from
the date the file is closed.
Video surveillance source data from
cameras and protectee active location
data is maintained for 30 days.
Recordings relevant to an investigative
inquiry are retained for a minimum of
3 years following the date recorded but
can be kept with a relevant case file.
Video recordings associated with a
highly unusual incident, occurrence, or
significant event are permanent and are
subsequently transferred to NARA when
25 years old.
Planning and after-action records
pertaining to Presidential inaugurations
and campaign records related to a
Presidential candidate not currently
under Secret Service protection are
permanent and are subsequently
transferred to NARA when 25 years old.
Routine records pertaining to the
administration and operations of USSS
protective programs, logs, shift reports,
survey files and related documents/data,
and trip reports are retained for a period
of 3 years up to 10 years, from the end
of the event. Non-Criminal Protective
Investigation Name Check Reports are
kept until no longer needed, e.g., cut off
at end of the month, and destroyed 30
days after cutoff, as approved in its
NARA Schedule.
Special Event files not related to an
inauguration are retained for 5 years. In
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the event of a highly unusual protective
incident—e.g., assassination attempt,
successful assassination, or events
requiring extraordinary protective
measures—relevant records of the
incident, including those normally
scheduled as temporary, will be
retained and subsequently transferred to
NARA 25 years after the incident.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS/USSS safeguards records in this
system according to applicable rules
and policies, including all applicable
DHS automated systems security and
access policies. DHS/USSS 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:
The Secretary of Homeland Security
has exempted this system from the
notification, access, and amendment
procedures of the Privacy Act, and the
Judicial Redress Act if applicable,
because it is a law enforcement system.
However, DHS/USSS will consider
individual requests to determine
whether 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 or USSS FOIA
Officer, whose contact information can
be found at https://www.dhs.gov/foia
under ‘‘Contact Information.’’ If an
individual believes more than one
component maintains Privacy Act
records concerning him or her, the
individual may submit the request to
the Chief Privacy Officer and Chief
Freedom of Information Act Officer,
Department of Homeland Security,
Washington, DC 20528–0655. Even if
neither the Privacy Act nor the Judicial
Redress Act provide 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
VerDate Sep<11>2014
18:52 Oct 09, 2020
Jkt 253001
place of birth. The individual must sign
the request, and the individual’s
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 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:
This system of records is exempt from
the Privacy Act’s access and amendment
provisions and those of the Judicial
Redress Act; therefore, record access
and amendment may not be available. In
such cases, certain records about you
may be available under the FOIA, and
the correspondence from those seeking
a record amendment may be placed in
the respective case file. For records
covered by the Privacy Act or covered
JRA 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, unless the record is not
subject to amendment or correction. 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
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
64523
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); (g).
Additionally, the Secretary of Homeland
Security, pursuant to 5 U.S.C.
552a(k)(1), (k)(2), and (k)(3), 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 5 U.S.C. 552a(j)(2), DHS will
claim the same exemptions for those
records that are claimed for the original
primary system of records from which
they originated and claims any
additional exemptions set forth here.
HISTORY:
DHS/USSS–004 Protection
Information System of Records, 76 FR
66940 (October 28, 2011);
Implementation of Exemptions, DHS/
USSS–004 Protection Information
System of Records, 74 FR 45090 (August
31, 2009).
Constantina Kozanas,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. 2020–22534 Filed 10–9–20; 8:45 am]
BILLING CODE 9110–18–P
DEPARTMENT OF HOMELAND
SECURITY
[Docket No. DHS–2020–0029]
Privacy Act of 1974; System of
Records
United States Secret Service,
Department of Homeland Security.
ACTION: Notice of a Modified 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/United States Secret
Service–001 Criminal Investigation
Information System of Records.’’ This
system of records describes the
collection and maintenance of records
by DHS/United States Secret Service
SUMMARY:
E:\FR\FM\13OCN1.SGM
13OCN1
Agencies
[Federal Register Volume 85, Number 198 (Tuesday, October 13, 2020)]
[Notices]
[Pages 64519-64523]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-22534]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2020-0007]
Privacy Act of 1974; System of Records
AGENCY: United States Secret Service, Department of Homeland Security.
ACTION: Notice of a modified 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/United
States Secret Service (USSS)-004 Protection Information System of
Records.'' This system of records describes DHS/USSS collection and
maintenance of records on information relative to the protective
mission of the agency. In this system of records notice update, DHS/
USSS is modifying the categories of individuals, categories of records,
routine uses, Authorities, and the retention and disposal of records.
Additionally, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice. The
Department of Homeland Security previously published a Final Rule in
the Federal Register to exempt this system of records from certain
provisions of the Privacy Act. The current updates to this system of
records do not impact the nature of the exemptions claimed; the
exemptions continue to apply to this update. This modified system will
be included in DHS's inventory of record systems.
DATES: Submit comments on or before November 12, 2020. This modified
system will be effective upon publication. New or modified routine uses
will be effective November 12, 2020.
ADDRESSES: You may submit comments, identified by docket number DHS-
2020-0007 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: Constantina Kozanas, 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-2020-0007. 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:
E. Gayle Rucker, 202-406-5838, [email protected],
Privacy Officer, United States Secret Service, 245 Murray Lane SW,
Building T-5, Washington, DC 20223. For privacy questions, please
contact: Constantina Kozanas, (202) 343-1717, [email protected], Chief
Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) United States Secret Service
(USSS) proposes to modify and reissue a current DHS system of records
titled, DHS/USSS 004 Protection Information System of Records.
Information collected in this
[[Page 64520]]
system of records is used to assist USSS in protecting its designated
protectees, events, and venues. In doing so, USSS maintains necessary
information to implement protective measures and to make protective
inquiries concerning individuals who may come into proximity of a
protectee, access a protected facility or event, or who have been
involved in incidents or events that relate to the protective functions
of USSS. Further, USSS ensures this protective information is
appropriately managed and accessible to authorized users while
employing appropriate safeguards to ensure that information is properly
protected in accordance to national security standards.
DHS/USSS is updating this SORN to:
(1) Update the categories of individuals to include individuals who
could be in proximity to protected persons or areas secured by USSS;
(2) update the categories of individuals to include persons who fly
Unmanned Aircraft Systems (UAS) into areas secured by USSS;
(3) update the categories of records to broaden the name category
to include variations of types;
(4) update the categories of records to broaden the address
category to an all-inclusive category of Contact Information
Identifiers;
(5) update the categories of records to separate confinement and
release types from disposition of criminal charges types;
(6) update the categories of records for protective functions to
include those related to furthering threat assessment and targeted
violence prevention activities, as well as when exercising other USSS
protective functions;
(7) update the categories of records to add name check records for
credentialing some individuals near protectees;
(8) update the categories of records to include Protective
Operations program and management files and Special Event files;
(9) update the categories of records to include citizenship
information and identifiers;
(10) update the categories of records to include Government-issued
Identifiers of persons;
(11) update the categories of records to include Government-issued
Identifiers of property;
(12) update the categories of records to include biometric
identifiers and profiles based on biometric attributes;
(13) update the categories of records to include samples of
deoxyribonucleic acid DNA and their DNA profiles;
(14) update the routine uses to support USSS's protective function
mission to include furthering threat assessment and targeted violence
prevention activities;
(15) update the Authorities to include Special Events and the
National Threat Assessment Center (NTAC) protective activities;
(16) update the Purpose of System to broaden the activities
associated with the agency's protective mission;
(17) update the retention and disposal of records to reflect the
most recent National Archives and Records Administration (NARA)-
approved records schedules and to include Protective Operations program
and management files and Security Events.
Consistent with DHS's information sharing mission, information
stored in the DHS/USSS-004 Protection Information System of Records may
be shared with other DHS Components that have a need to know the
information to carry out their national security, law enforcement,
immigration, intelligence, or other homeland security functions. In
addition, DHS/USSS may share information with appropriate federal,
state, local, tribal, territorial, foreign, or international government
agencies consistent with the routine uses set forth in this system of
records notice. 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/USSS-004 Protection Information
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)/United States Secret Service
(USSS)-004 Protection Information System.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Records are maintained at the USSS Headquarters in Washington, DC
and field offices. IT Systems covered by this SORN, include E-Check;
Protective Intelligence Exchange (PIX); eCASE; and Protective Threat
Management System (PTMS); which all can be accessed by individuals
located at the United States Secret Service, and 245 Murray Lane SW,
Building T-5, Washington, DC 20223.
SYSTEM MANAGER(S):
Assistant Director, Office of Strategic Intelligence and
Information; Assistant Director, Office of Technical Development and
Mission Support; and Assistant Director, Office of Protective
Operations, [email protected], 245 Murray Lane SW, Building T-5,
Washington, DC 20223.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
18 U.S.C. 3056; 18 U.S.C. 3056A; 18 U.S.C. 871; 18 U.S.C. 879;
Presidential Threat Protection Act of 2000, Pub. L. 106-544.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is: (1) To assist USSS in protecting its
protectees by recording information necessary to implement protective
measures and to investigate individuals who may come into proximity
with a protectee or who have sought to make contact with a protectee,
as well as individuals who have been involved in incidents or events
that relate to the protective functions of USSS; (2) to support field
agents coordinating physical security for designated Security Events by
providing access to information regarding cases and threat assessments;
and (3) to enable USSS to provide assistance to law enforcement
officials, school personnel, and others with protective and public
safety responsibilities for various types of targeted violence, such as
the services provided by the National Threat Assessment Center.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Individuals who have been or are currently the subject of a
criminal investigation by USSS or another law
[[Page 64521]]
enforcement agency for the violation of certain criminal statutes
relating to the safety of persons or security of events, properties,
facilities, and areas protected by USSS; (2) Individuals who are
subjects of investigative records and reports supplied to USSS by
federal, state, and local law enforcement agencies, or private
institutions and individuals, in conjunction with the protective
functions of USSS; (3) Individuals who are the subjects of non-criminal
protective inquiries by USSS and other law enforcement agencies; (4)
Individuals who are granted or denied ingress and egress to events,
properties, facilities, and areas secured by USSS, or have access to
areas in proximity to protected persons or areas secured by USSS,
including but not limited to invitees, passholders, tradesmen, law
enforcement personnel, maintenance personnel, or service personnel; (5)
Individuals who are witnesses, suspects, complainants, informants,
defendants, fugitives, released prisoners, and correspondents who have
been identified by USSS or from information supplied by other law
enforcement agencies, governmental units, private institutions, and
members of the general public in connection with USSS performance of
its protective functions; (6) Individuals who fly Unmanned Aircraft
Systems (UAS) into protected areas; (7) Individuals who have sought an
audience or contact with persons protected by USSS; (8) Individuals who
could otherwise be in proximity of protectees or in contact with
persons protected by USSS; (9) Individuals who have been involved in
law enforcement encounters, incidents or events that relate to the
protective functions of USSS; and (10) Individuals who have been or are
currently protected by USSS.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, alias, or code name;
Contact information identifiers, such as physical and
electronic addresses and phone numbers;
Date of birth;
Case number;
Arrest Record;
Government-controlled confinement and release information;
Nature and disposition of criminal charges, to include
sentencing and parole or probation status;
Records concerning agency activities associated with
protectee movements and other protective measures taken on a
protectee's behalf;
Records containing information compiled for identifying
and evaluating individuals who may constitute a threat to the safety or
persons or security of events, properties, facilities, and areas
protected by USSS;
Records containing information compiled for a criminal
investigation, including reports of informants and investigators, that
are associated with an identifiable individual;
Records containing reports relative to an individual
compiled at various stages of the process of enforcement of certain
criminal laws from arrest or indictment through release from
supervision;
Records containing information supplied by other federal,
state, and local law enforcement agencies, foreign or domestic, other
non-law enforcement governmental agencies, private institutions, and
persons concerning individuals who, because of their activities,
personality traits, criminal or mental history, or history of social
deviancy, may be of interest to USSS in connection with the performance
of its protective functions to include furthering threat assessment and
targeted violence prevention activities, as well as when exercising
other USSS protective functions;
Records containing information compiled for background
investigations, including name check records for credentialing some
individuals, including but not limited to, passholders, tradesmen,
maintenance, or service personnel who have access and/or have been
denied access to areas secured by or who may be in close proximity to
persons protected by USSS;
Records containing information compiled during protective
law enforcement encounters in conjunction with National Security
Events;
Records containing information from the Protective
Operations program and program files and security event management
files;
Records containing citizenship information and
identifiers;
Records containing information from Government-issued
identifiers, including Passport, Social Security, and Driver License
Numbers;
Records containing information from Government-Issued
property identifiers, to include boat, vehicle, and UAS registration
numbers;
Records containing information from biometric identifiers
and profiles based on biometric attributes to include fingerprint and
voiceprint. Such information may be both electronically analyzed and/or
examined by human agents; and
Records containing information from DNA samples and
profiles of DNA obtained from the body, such as bodily fluids, or
obtained from contacted surfaces. Such information may be both
electronically analyzed and/or examined by human agents.
RECORD SOURCE CATEGORIES:
The Secretary of Homeland Security has exempted this system from
subsections (e)(4)(I) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2), (k)(2), and (k)(3); therefore, records sources shall not be
disclosed.
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 agencies 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 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 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
[[Page 64522]]
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 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 federal, state, and local governmental agencies for criminal
prosecutions; to parole and probation authorities for sentencing and to
determine the parole and probation status of criminal offenders or
suspected criminal offenders; and to personnel necessary for the
completion of civil and other proceedings involving USSS protective
functions.
J. To federal, state, and local governmental agencies, foreign and
domestic, for the purposes of developing information on subjects
involved in USSS protective investigations and the evaluation for and
by USSS of persons considered to be of protective interest and for
protective functions.
K. To federal, state, and local governmental agencies, foreign and
domestic, private institutions and private individuals, for the
purposes of designing and implementing protective measures, furthering
threat assessment and targeted violence prevention activities, and
exercising other USSS protective functions.
L. To private institutions and private individuals, to include
identifying information pertaining to actual or suspected criminal
offenders or other individuals considered to be of protective interest,
for furthering USSS efforts to evaluate the danger such individuals
pose to protected persons, facilities, and events.
M. To a court, magistrate, or administrative tribunal in the course
of presenting evidence and opposing counsel or witnesses in the course
of civil discovery, litigation, or settlement negotiations or in
connection with criminal or civil proceedings.
N. 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 the 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, 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.
O. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data for purposes of testing new technology that relate
to the purpose(s) stated in this SORN.
P. 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/USSS stores records in this system electronically or on paper
in secure facilities behind a locked door. The electronic records may
be stored on magnetic disc, tape, and digital media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/USSS may retrieve records by case number, name, or other
identifying data or other case related data in master and magnetic
media indices. Access to the physical files is located at field
offices, Headquarters, and other Washington, DC locations.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Pursuant to NARA Schedule N1-087-11-2, Protective Intelligence
Exchange System (PIX), protective intelligence case records, including
non-judicial protective intelligence cases, are routinely retained for
a period of up to 5 years from the date of last action; or for 10 years
from the date of last action if they contain electronic records. All
judicial records are retained for a period of 30 years from the date of
last action, unless otherwise required to be held permanently for
transfer to NARA. Files relating to issuance of White House Complex
passes for employees of the White House, USSS employees, press
representatives accredited at the White House, and other authorized
individuals are retained for a period of 8 years from the date the file
is closed.
Video surveillance source data from cameras and protectee active
location data is maintained for 30 days. Recordings relevant to an
investigative inquiry are retained for a minimum of 3 years following
the date recorded but can be kept with a relevant case file. Video
recordings associated with a highly unusual incident, occurrence, or
significant event are permanent and are subsequently transferred to
NARA when 25 years old.
Planning and after-action records pertaining to Presidential
inaugurations and campaign records related to a Presidential candidate
not currently under Secret Service protection are permanent and are
subsequently transferred to NARA when 25 years old. Routine records
pertaining to the administration and operations of USSS protective
programs, logs, shift reports, survey files and related documents/data,
and trip reports are retained for a period of 3 years up to 10 years,
from the end of the event. Non-Criminal Protective Investigation Name
Check Reports are kept until no longer needed, e.g., cut off at end of
the month, and destroyed 30 days after cutoff, as approved in its NARA
Schedule.
Special Event files not related to an inauguration are retained for
5 years. In
[[Page 64523]]
the event of a highly unusual protective incident--e.g., assassination
attempt, successful assassination, or events requiring extraordinary
protective measures--relevant records of the incident, including those
normally scheduled as temporary, will be retained and subsequently
transferred to NARA 25 years after the incident.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/USSS safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS/USSS has imposed strict controls to
minimize the risk of compromising the information that is being stored.
Access to the computer system containing the records in this system is
limited to those individuals who have a need to know the information
for the performance of their official duties and who have appropriate
clearances or permissions.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act,
and the Judicial Redress Act if applicable, because it is a law
enforcement system. However, DHS/USSS will consider individual requests
to determine whether 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 or USSS FOIA
Officer, whose contact information can be found at https://www.dhs.gov/foia under ``Contact Information.'' If an individual believes more than
one component maintains Privacy Act records concerning him or her, the
individual may submit the request to the Chief Privacy Officer and
Chief Freedom of Information Act Officer, Department of Homeland
Security, Washington, DC 20528-0655. Even if neither the Privacy Act
nor the Judicial Redress Act provide 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 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:
This system of records is exempt from the Privacy Act's access and
amendment provisions and those of the Judicial Redress Act; therefore,
record access and amendment may not be available. In such cases,
certain records about you may be available under the FOIA, and the
correspondence from those seeking a record amendment may be placed in
the respective case file. For records covered by the Privacy Act or
covered JRA 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,
unless the record is not subject to amendment or correction. 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);
(g). Additionally, the Secretary of Homeland Security, pursuant to 5
U.S.C. 552a(k)(1), (k)(2), and (k)(3), 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 5 U.S.C. 552a(j)(2), DHS will claim the same exemptions for those
records that are claimed for the original primary system of records
from which they originated and claims any additional exemptions set
forth here.
HISTORY:
DHS/USSS-004 Protection Information System of Records, 76 FR 66940
(October 28, 2011); Implementation of Exemptions, DHS/USSS-004
Protection Information System of Records, 74 FR 45090 (August 31,
2009).
Constantina Kozanas,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2020-22534 Filed 10-9-20; 8:45 am]
BILLING CODE 9110-18-P