Privacy Act of 1974; System of Records, 49553-49556 [2021-18798]

Agencies

• DEPARTMENT OF HOMELAND SECURITY

[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49553-49556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18798]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2021-0030]


Privacy Act of 1974; System of Records

AGENCY: Office of the Immigration Detention Ombudsman, U.S. Department 
of Homeland Security.

ACTION: Notice of a new system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974, the U.S. 
Department of Homeland Security (DHS) proposes to establish a new DHS 
system of records titled, ``DHS/Office of the Immigration Detention 
Ombudsman (OIDO)-001 Office of the Immigration Detention Ombudsman 
System of Records.'' This system of records allows DHS/OIDO to collect 
and maintain records related to cases brought forth by individuals or 
investigations regarding potential violations of law, individual 
rights, standards of professional conduct, contract terms, or policy 
related to immigration detention by any officer or employee of U.S. 
Customs and Border Protection (CBP) or U.S. Immigration and Customs 
Enforcement (ICE), or any contracted, subcontracted, or cooperating 
entity personnel. Additionally, DHS is issuing a Notice of Proposed 
Rulemaking to exempt this system of records from certain provisions of 
the Privacy Act, elsewhere in the Federal Register. This newly 
established system will be included in DHS's inventory of record 
systems.

DATES: Submit comments on or before October 4, 2021. This new system 
will be effective upon publication. Routine uses will be effective 
October 4, 2021.

ADDRESSES: You may submit comments, identified by docket number DHS-
2021-0030 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: Lynn Parker Dupree, Chief Privacy Officer, Privacy 
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
    Instructions: All submissions received must include the agency name 
and docket number DHS-2021-0030. 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 and privacy questions, 
please contact: Lynn Parker Dupree, (202) 343-1717, [email protected], 
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland 
Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

    The U.S. Department of Homeland Security (DHS) Office of the 
Immigration Detention Ombudsman (OIDO) is giving notice that it 
proposes to establish a new DHS system of records notice (SORN) titled, 
``DHS/OIDO-001 Office of the Immigration Detention Ombudsman System of 
Records.'' OIDO is an independent component within DHS tasked with 
reviewing and resolving individual complaints and providing independent 
oversight of immigration detention facilities, including conducting 
announced and unannounced inspections, reviewing contract terms for 
immigration detention facilities and services, and making 
recommendations and reporting to Congress on findings. OIDO was 
established by Congress in Section 106 of the Consolidated 
Appropriations Act, 2020 (Pub. L. 116-93, 133 Stat. 2504 (Dec. 20, 
2019), as codified by 6 U.S.C. 205, which outlined OIDO's core 
responsibilities:
     Establish and administer an independent, neutral, and 
confidential process to receive, investigate, resolve, and provide 
redress, including referral for investigation to the Office of 
Inspector General, referral to U.S. Citizenship and Immigration 
Services (USCIS) for immigration relief, or any other action determined 
appropriate, for cases in which Department officers or other personnel, 
or contracted, subcontracted, or cooperating entity personnel, are 
found to have engaged in misconduct or violated the rights of 
individuals in immigration detention;
     Establish an accessible and standardized process regarding 
complaints against any officer or employee of U.S. Customs and Border 
Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE), or 
any contracted, subcontracted, or cooperating entity personnel, for 
violations of law, standards of

[[Page 49554]]

professional conduct, contract terms, or policy related to immigration 
detention;
     Conduct unannounced inspections of detention facilities 
holding individuals in federal immigration custody, including those 
owned or operated by units of state or local government and privately-
owned or operated facilities;
     Review, examine, and make recommendations to address 
concerns or violations of contract terms identified in reviews, audits, 
investigations, or detainee interviews regarding immigration detention 
facilities and services;
     Provide assistance to individuals affected by potential 
misconduct, excessive force, or violations of law or detention 
standards by DHS officers or other personnel, or contracted, 
subcontracted, or cooperating entity personnel; and
     Ensure that the functions performed by the Ombudsman are 
complementary to existing functions within the DHS.
    In order to accomplish those responsibilities, OIDO is creating 
this system of records to collect and maintain records related to 
individual complaints from or about individuals in immigration 
detention regarding potential violations of law, individual rights, 
standards of professional conduct, contract terms, or policy related to 
immigration detention by any officer or employee of CBP or ICE, or any 
contracted, subcontracted, or cooperating entity personnel. The DHS/
OIDO system of records covers information that is received by OIDO in 
response to individuals submitting a complaint via OIDO's Case Intake 
Form. The form is currently paper-based and in the future will be 
fillable electronically. This form is not required to submit a case to 
OIDO; however, a properly completed form ensures that OIDO receives the 
necessary information to assist with a case. OIDO will use and maintain 
the data collected within OIDO's case management system to manage, 
process, track, and respond to complaints and inform and manage 
investigations.
    OIDO will use information collected to triage the complaint and 
link it with any previous cases related to the same detainee, as well 
as for proper consent, jurisdiction, and exigent circumstances. The 
information will also be used to verify information about the complaint 
in systems maintained by ICE, CBP, and other DHS headquarters offices. 
Once assigned for resolution, OIDO will review the data provided, 
conduct necessary background research about the complaint, and engage 
with DHS components (primarily ICE and CBP) to come to a resolution. To 
facilitate the resolution process, information in this system of 
records may be shared with DHS components and offices (and occasionally 
other Departments involved in the immigration process, including the 
Departments of State and Justice) for identification, verification, and 
corroboration purposes. OIDO will then communicate the result to the 
submitter of the complaint, to the extent the submitter of the 
complaint is permitted to receive any of the Privacy Act protected 
information that is subject to this SORN or other applicable and 
relevant SORNs. As a follow up to complaints and/or areas of concern, 
OIDO may also use data to inform future investigations and 
recommendations.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/OIDO-001 Office of the Immigration Detention 
Ombudsman 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/OIDO 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 newly established system will be included in DHS's inventory 
of record systems.

II. Privacy Act

    The fair information practice principles found in the Privacy Act 
underpin the 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 as 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/OIDO-001 Office of the 
Immigration Detention Ombudsman 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:
    U.S. Department of Homeland Security (DHS)/Office of the 
Immigration Detention Ombudsman (OIDO)-001 Office of the Immigration 
Detention Ombudsman System of Records.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at the Office of the Immigration Detention 
Ombudsman Headquarters in Washington, DC, field offices, and other 
intake locations.

SYSTEM MANAGER(S):
    Immigration Detention Ombudsman, Office of the Immigration 
Detention Ombudsman, U.S. Department of Homeland Security, Washington, 
DC 20528, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Section 106 of the Consolidated Appropriations Act, 2020, Public 
Law 116-93, 133 Stat. 2504 (Dec. 20, 2019; 6 U.S.C 205).

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to allow DHS/OIDO to collect and 
maintain records to investigate potential violations of law, individual 
rights, standards of professional conduct, contract terms, or policy 
related to immigration detention by any officer or employee of CBP, 
ICE, or any contracted, subcontracted, or cooperating entity personnel.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by this system of records 
include:
     Persons who contact OIDO to allege complaints from or 
about individuals in immigration detention regarding the potential 
violation of immigration detention standards or other potential 
misconduct by DHS, its employees, contractors, grantees, or others 
acting under the authority of the Department. These individuals may 
include the person currently or formerly detained or individuals who 
submit a complaint on behalf of that individual, including an attorney 
or representative. An individual may submit a complaint anonymously.

[[Page 49555]]

     DHS employees, contractors, grantees, volunteers, or 
others acting under the authority of the Department alleged to be 
involved in any such violations or misconduct.
     Third parties directly or indirectly involved in the 
alleged incident and identified as relevant persons to an 
investigation.

CATEGORIES OF RECORDS IN THE SYSTEM:
     Submitter's full name, including any aliases;
     Submitter's contact information, including mailing 
addresses, email addresses, and phone numbers;
     Law Firm/Organization if the submitter is an attorney or 
accredited representative;
     Detainee's full name, including any aliases;
     Detainee's A-Number;
     Detainee's contact information, including mailing 
addresses, email addresses, and phone numbers;
     Detainee's sex;
     Detainee's date of birth;
     Detainee's country of birth and country(s) of citizenship;
     Detainee's detention history, including facility name and 
dates detained;
     Incident date;
     Compliant/incident number;
     Complaint description;
     Complaint category (e.g., abuse, disability accommodation, 
language access, legal representation, personal property, medical 
concerns, religious accommodation);
     Subject of the complaint (e.g., adult, family unit, or 
minor child, and names of other family members involved);
     Prior actions taken to remedy the problem; and
     Consent of the detainee for OIDO to disclose information 
in the file to a designated representative, if applicable.
    Submitters may offer more information than is specifically 
requested by OIDO, such as the detainee's Visa number or Passport 
number as part of their submissions or descriptions of the complaint. 
Documentation provided to support complaints may also include legal and 
medical records or other records, such as those related to disability 
accommodations, personal property, or the conditions of detention.
    Throughout the course of its investigations, OIDO may also collect:
     Evidentiary documents and material, comments, records, 
photographs, and reports relating to the alleged complaint and to the 
resolution of the complaint;
     Investigation notes, including written and audio/video 
recordings of interviews with detainees, third parties involved in the 
complaint, and facility personnel;
     Interviewee's full name and contact information;
     Interviewee's position/title and current duty station (if 
applicable);
     Documentation concerning requests for additional 
information needed to complete the investigation;
     Letters, memoranda, and other documents alleging violation 
of immigration detention standards or other potential misconduct from 
complainants;
     Internal letters, memoranda, and other communications 
within DHS related to complaints; and
     Results of an investigation of a complaint.

RECORD SOURCE CATEGORIES:
    Records are obtained from detainees, their representatives (e.g., 
family, legal), or other persons submitting cases on a detainee's 
behalf in person or via forms submitted by mail, email, fax, or, in the 
future, electronically; and by telephone. OIDO also accepts anonymous 
complaints. Information may be collected from DHS employees and/or 
contractors that are interviewed during an OIDO investigation. 
Additional information may be collected from other DHS components, 
databases, or systems (primarily ICE and CBP), and other government 
agencies, such as the Departments of State and Justice.

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 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 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

[[Page 49556]]

subject to the same Privacy Act requirements and limitations on 
disclosure as are applicable to DHS officers and employees.
    I. To an attorney or representative who is acting on behalf of an 
individual covered by this system of records to obtain the individual's 
information submitted to OIDO.
    J. 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, that relate to the purpose(s) stated in this 
SORN, for purposes of testing new technology.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    DHS/OIDO 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/OIDO may retrieve records by any of the personal identifiers 
listed above, such as name, A-Number, date of birth, or complaint 
number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    DHS/OIDO is in the process of drafting a proposed records retention 
schedule for the information maintained. DHS/OIDO is currently working 
with NARA to establish the records retention schedule and will adhere 
to it once finalized.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/OIDO safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. DHS/OIDO 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/OIDO will consider individual requests 
to determine whether or not information may be released. Thus, 
individuals seeking access to and notification of any record contained 
in this system of records, or seeking to contest its content, may 
submit a request in writing to the Chief Privacy Officer or Chief 
Freedom of Information Act 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, 
U.S. 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:
    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. Even if neither the Privacy 
Act nor the Judicial Redress Act provide a right of access, individuals 
may seek to amend records following the ``access procedures'' above. 
DHS/OIDO, in its discretion, may choose to make the requested 
amendment. However, neither this system of records notice, nor DHS/OIDO 
making a requested amendment, confers to individuals any right to 
access, contest, or amend records not covered by the Privacy Act or 
JRA.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2) 
and (k)(5), has exempted this system from the following provisions of 
the Privacy Act, 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), 
(e)(4)(H), (e)(4)(I); and (f). Additionally, when this system receives 
a record from another system exempted in that source system under 5 
U.S.C. 552a(j)(2), (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:
    None.

Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-18798 Filed 9-2-21; 8:45 am]
BILLING CODE 4410-10-P