[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18867-18871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8315]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0016]
Privacy Act of 1974; Department of Homeland Security
Transportation Security Administration--011, Transportation Security
Intelligence Service Operations Files Systems of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice to alter an existing Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to update and reissue a Department of
Homeland Security system of records notice titled, Transportation
Security Administration--011 Transportation Security Intelligence
Service Operations Files previously published on December 10, 2004 to
reflect necessary programmatic changes. As a result of the biennial
review of this system, modifications are being made to the system of
records' categories of individuals, categories of records, routine
uses, record source categories, retention and disposal, and
notification procedure. The Transportation Security Intelligence
Service Operations Filing System contains records on individuals
identified in intelligence, counterintelligence, transportation
security and information systems security records that relate to the
Transportation Security Administration's mission. For example, this
system contains information on individuals involved in terrorism or the
compromise of classified information.
Portions of this system are exempt under 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2) and (k)(5) as reflected in the final rule published in
the Federal Register on August 4, 2006.
This updated system will continue to be included in the Department
of Homeland Security's inventory of record systems.
DATES: Submit comments on or before May 13, 2010. This new system will
be effective May 13, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0016 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change to http://www.regulations.gov,
including any personal information provided.
Docket: For access to the docket to read background documents or
comments received go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Peter
[[Page 18868]]
Pietra, Privacy Officer, Transportation Security Administration, TSA-
36, 601 South 12th Street, Arlington, VA 20598-6036 or
[email protected]. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) Transportation Security
Administration (TSA) proposes to update and reissue a DHS/TSA system of
records notice titled, DHS/TSA-011, Transportation Security
Intelligence Service (TSIS) Operations Files System of Records (69 FR
71828, December 10, 2004).
TSA's mission is to protect the nation's transportation systems to
ensure freedom of movement for people and commerce. To achieve this
mission, TSA is required to develop and adapt its security programs to
respond to evolving threats to transportation security. In accordance
with the biennial review of this system, the following modifications
are being made:
The categories of records section is updated to include
biometric records.
DHS/TSA is incorporating four DHS standard routines uses.
One routine use will allow release of information to appropriate
agencies, entities, and persons when DHS/TSA suspects or has confirmed
that the security or confidentiality of an information system of
records has been compromised. Another routine use permits the release
of information to the media when there exists a legitimate public
interest in disclosing information. Release under this routine use will
require the approval of the DHS Chief Privacy Officer in consultation
with counsel. Another routine use allows the release of information to
a court, magistrate, administrative tribunal or opposing counsel or
parties where a Federal agency is a party or has an interest in the
litigation or administrative proceeding. The fourth routine use allows
DHS/TSA to release information to a former employee when it is
necessary to consult with the former employee regarding a matter that
is within that person's former area of responsibility.
TSA is revising a routine use by adding indirect air
carriers and other facility operators as potential recipients of
information from these systems when appropriate to address a threat or
potential threat to transportation security or national security, or
when required for administrative purposes related to the effective and
efficient administration of transportation security laws.
TSA is also revising a current routine use by adding
indirect air carriers and other facility operators as potential
recipients of information about individuals who are their employees,
job applicants, or contractors, or persons to whom they issue
identification credentials or grant clearances to secured areas in
transportation facilities when relevant to such employment,
application, contract, training or the issuance of such credentials or
clearances.
The record source categories are updated to reflect the
use of commercial and public record databases and Web sites to obtain
information regarding the identity of individuals who attempt to gain
access to the sterile areas of the airport and for whom identity needs
to be verified or individuals who are being vetted to qualify as
Federal flight deck officers. The record source categories to include
Federal, State, local and foreign agencies; formerly only U.S. agencies
were included.
For each system of records covered by this notice, the
retention and disposal sections are updated to reflect the records
retention schedules approved by the National Archives and Records
Administration (NARA).
The notification section for each system of records
covered by this notice was changed to reflect that inquiries regarding
whether the applicable system contains records about an individual
should be directed to TSA's Freedom of Information Act (FOIA) Office.
The TSIS Operations Filing System contains records on individuals
identified in intelligence, counterintelligence, transportation
security and information systems security records that relate to TSA's
mission. For example, this system contains information on individuals
involved in terrorism or the compromise of classified information. DHS/
TSA is revising its system of records to reflect necessary programmatic
changes.
Portions of this system are exempt under 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2) and (k)(5) as reflected in the final rule published on
August 4, 2006 in 71 FR 44223.
Consistent with the Privacy Act, information stored in the TSIS
Operations Files System may be shared with other DHS components, as
well as appropriate Federal, State, local, Tribal, foreign, or
international government agencies. This sharing will only take place
after DHS determines that the receiving component or agency has a need
to know the information to carry out national security, law
enforcement, immigration, intelligence, or other functions consistent
with the routine uses set forth in this system of records notice.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates 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 for 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 United States citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency recordkeeping
practices transparent, to notify individuals regarding the uses to
their records are put, and to assist individuals to more easily find
such files within the agency. Below is the description of the DHS/TSA-
011 TSIS Operations Files 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 OF RECORDS
DHS/TSA-011
SYSTEM NAME:
Transportation Security Administration 011 Transportation Security
Intelligence Service (TSIS) Operations Files.
SECURITY CLASSIFICATION:
Classified, sensitive.
[[Page 18869]]
SYSTEM LOCATION:
Records are maintained at the Transportation Security
Administration's Office of the Transportation Security Intelligence
Service in Arlington, Virginia and field offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals identified in intelligence, counterintelligence,
transportation security, or information system security reports and
supporting materials, including but not limited to individuals involved
in matters of intelligence, law enforcement or transportation security,
information systems security, the compromise of classified information,
or terrorism.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include biographic and biometric information; intelligence
requirements, analysis, and reporting; information systems security
analysis and reporting; articles, public-source data, and other
published information on individuals and events of interest to TSA;
actual or purported compromises of classified intelligence;
countermeasures in connection therewith; identification of classified
source documents and distribution thereof; records related to
transportation security matters (e.g., reports of security-related
incidents), and law enforcement records as they pertain to issues
involving transportation security.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
49 U.S.C. 114; National Security Act of 1947, as amended, 50 U.S.C.
403-3(d); National Security Agency Act of 1959, Pub. L. 86-36, as
amended, 50 U.S.C. 402 Note; E.O. 12333; E.O. 13292 and 12958; E.O.
9397; and National Security Directive 42.
PURPOSE(S):
To maintain records on intelligence, counterintelligence,
transportation security, and information systems security matters as
they relate to TSA's mission of protecting the nation's transportation
systems. To identify potential threats to transportation security,
uphold and enforce the law, and ensure public safety.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE 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 United States
attorney Offices) or other Federal agency in anticipation of conducing,
or conducting litigation or in proceedings before any court,
adjudicative or administrative body, when it is 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 current or former employee of DHS in his/her official
capacity, or
3. Any current or former employee of DHS in his/her individual
capacity where DOJ or DHS has agreed to represent the employee, or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
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 or other
Federal agencies pursuant to records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual 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 the security or
confidentiality of information in the system of records has been
compromised;
2. DHS has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) that rely upon the
compromised information;
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 compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
or 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.
G. To an appropriate Federal, State, Tribal, local, international,
or foreign agency, including law enforcement, or other appropriate
authority charged with investigating or prosecuting a violation or
enforcing or implementing a law, rule, regulation, or order, where 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 the United States Department of Transportation, its operating
administrations, or the appropriate State or local agency when relevant
or necessary to:
1. Ensure safety and security in any mode of transportation;
2. Enforce safety- and security-related regulations and
requirements;
3. Assess and distribute intelligence or law enforcement
information related to transportation security;
4. Assess and respond to threats to transportation;
5. Oversee the implementation and ensure the adequacy of security
measures at airports and other transportation facilities;
6. Plan and coordinate any actions or activities that may affect
transportation safety and security or the operations of transportation
operators; or
7. The issuance, maintenance, or renewal of a license, certificate,
contract, grant, or other benefit.
I. To Federal, State, local, Tribal, territorial, foreign, or
international agencies to provide intelligence, counterintelligence,
information systems and transportation security information, and other
information for the purpose of counterintelligence or antiterrorism
activities authorized by U.S. law or Executive Order or for the purpose
of enforcing laws that protect national security of the U.S.
J. To U.S. Government agencies regarding compromises of classified
information including the document(s) apparently compromised,
implications of disclosure of intelligence sources and methods,
investigative data on
[[Page 18870]]
compromises, and statistical and substantive analysis of the data.
K. To any U.S. Government organization in order to facilitate any
security, employment, detail, liaison, or contractual decision by any
U.S. Government organization, or to facilitate access to any U.S.
Government information system.
L. To U.S. agencies involved in the protection of intelligence
sources and methods to facilitate such protection and to support
intelligence analysis and reporting.
M. To a Federal, State, local, Tribal, territorial, foreign, or
international agency, where such agency has requested information
relevant or necessary for the hiring or retention of an individual, or
the issuance of a security clearance, license, contract, grant, or
other benefit.
N. To a Federal, State, local, Tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to a
DHS/TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
O. To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
P. To third parties during the course of or as follow-up to an
investigation into violations or potential violations of the law, or an
investigation related to the hiring or retention of an individual, or
the issuance of a security clearance, license, contract, grant, or
other benefit, to the extent necessary to obtain information pertinent
to the follow-up inquiry or investigation.
Q. To airport operators, aircraft operators, maritime and surface
transportation operators, indirect air carriers, and other facility
operators about individuals who are their employees, job applicants, or
contractors, or persons to whom they issue identification credentials
or grant clearances to secured areas in transportation facilities when
relevant to such employment, application, contract, training or the
issuance of such credentials or clearances.
R. To the appropriate Federal, State, local, Tribal, territorial,
foreign, or international agency regarding individuals who pose or are
suspected of posing a risk to transportation or national security.
S. To airport operators, aircraft operators, maritime and surface
transportation operators, indirect air carriers, or other facility
operators when appropriate to address a threat or potential threat to
transportation security, or when required for administrative purposes
related to the effective and efficient administration of transportation
security laws.
T. To a court, magistrate, or administrative tribunal where a
Federal agency is a party to the litigation or administrative
proceeding in the course of presenting evidence, including disclosures
to opposing counsel or witnesses in the course of civil discovery,
litigation, or settlement negotiations or in connection with criminal
law proceedings.
U. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
Federal, State, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
V. To the news media and the public, with the approval of the DHS
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information except
to the extent it is determined that release of the specific information
in the context of a particular case would constitute an unwarranted
invasion of personal privacy or a risk to transportation or national
security.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Records may be maintained on paper, audio and video recordings, and
in computer-accessible storage media. Records may also be stored on
microfiche and roll microfilm. Records that are sensitive or classified
are safeguarded in accordance with agency procedures, and applicable
Executive Orders and statutes.
RETRIEVABILITY:
Records may be retrieved by the individual's name, Social Security
number, or other assigned personal identifier.
SAFEGUARDS:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls have been imposed
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.
RETENTION AND DISPOSAL:
Pursuant to the approved National Archives and Records
Administration records retention schedule N1-560-04-12, routine and
insignificant case files are destroyed after thirty years; significant
case files are retained permanently; watch logs are destroyed after
thirty years; watchlists are destroyed 99 years after date of entry or
seven years after confirmation of death, whichever is sooner.
SYSTEM MANAGER(S) AND ADDRESS:
Transportation Security Administration, Special Assistant, Office
of Intelligence, TSA-10, 601 South 12th Street, Arlington, VA 20598.
NOTIFICATION PROCEDURE:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, the Transportation
Security Administration will consider individual requests to determine
whether or not information may be released. Thus, individuals seeking
notification and access to any record contained in the system of
records, or seeking to contest its content, may submit a request in
writing to the Headquarters or component's FOIA Officer, whose contact
information can be found at https://www.dhs.gov/foia under
``contacts.'' TSA's FOIA Officer is located at: Freedom of Information
Act Office, TSA-20, 601 S. 12th Street, 11th Floor, East Tower,
Arlington, VA 20598-6020, 1-866-FOIA-TSA or 571-227-2300, Fax: 571-227-
1406, E-mail: [email protected]. 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,
Department of Homeland Security, 245 Murray Drive, SW., Building 410,
STOP-0655, Washington, DC 20528.
When seeking records about yourself from this system of records or
any other Departmental system of records your request must conform with
the Privacy Act regulations set forth in 6 CFR part
[[Page 18871]]
5. You must first verify your identity, meaning that you must provide
your full name, current address and date and place of birth. You must
sign your request, and your 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, you may obtain forms for this purpose
from the Director, Disclosure and FOIA, http://www.dhs.gov or 1-866-
431-0486. In addition you should provide the following:
An explanation of why you believe the Department would
have information on you,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
created,
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the component(s) may not be able
to conduct an effective search, and your request may be denied due to
lack of specificity or lack of compliance with applicable regulations.
RECORD ACCESS PROCEDURE:
See ``Notification procedure'' above.
CONTESTING RECORD PROCEDURE:
See ``Notification procedure'' above.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from subject
individuals; other Federal, State, local and foreign agencies and
organizations; hard-copy media, including periodicals, newspapers, and
broadcast transcripts, and commercial and public record databases and
Web sites; public and classified reporting, intelligence source
documents, investigative reports, and correspondence.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Portions of this system are exempt under 5 U.S.C. 552a(j)(2),
(k)(1), (k)(2), and (k)(5) as reflected in the final rule published on
August 4, 2006, in 71 FR 44223.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-8315 Filed 4-12-10; 8:45 am]
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