Privacy Act of 1974: System of Records; Secure Flight Records
The Transportation Security Administration (TSA) is altering and re-publishing the complete system of records, DHS/TSA 019, under the Privacy Act of 1974, known as ``Secure Flight Records,'' for a passenger screening program known as Secure Flight. TSA originally established this system of records and published the system of records notice (SORN) in the Federal Register on August 23, 2007 (Part III, 72 FR 48392). TSA received and considered public comments on the SORN and is altering the system of records to reflect the deletion of an exemption previously claimed under 5 U.S.C. 552a(k)(1). The Secure Flight program implements a mandate of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) and is consistent with TSA's authority under the Aviation and Transportation Security Act (ATSA). Section 4012(a)(1) of the IRTPA requires TSA to assume from air carriers the comparison of passenger information for domestic flights to the consolidated and integrated terrorist watch list maintained by the Federal Government. Further, section 4012(a)(2) of IRTPA similarly requires the DHS to compare passenger information for international flights to and from the United States against the consolidated and integrated terrorist watch list before departure of such flights. The SORN is being altered to reflect TSA's determination that the system will not contain classified material, and TSA will not claim an exemption under 5 U.S.C. 552a(k)(1).
Privacy Act of 1974: Implementation of Exemptions; Secure Flight Records
Following a Notice of Proposed Rulemaking (NPRM) and public comment, this rule amends the Transportation Security Administration (TSA)'s regulations by exempting a new system of records from several provisions of the Privacy Act. The Secure Flight Records system (DHS/ TSA 019) includes records used as part of the watch list matching program known as Secure Flight, which implements a mandate of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA) and is consistent with TSA's authority under the Aviation and Transportation Security Act (ATSA). Under the Secure Flight program, TSA would assume the current watch list matching function to the No Fly and Selectee Lists from aircraft operators. TSA is exempting DHS/TSA 019 from provisions of the Privacy Act to the extent necessary to protect the integrity of investigatory information that may be included in the system of records.