[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74729-74732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29054]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0129]


Privacy Act of 1974; United States Immigration and Customs 
Enforcement--010 Confidential and Other Sources of Information System 
of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security is giving notice that it proposes to consolidate 
three legacy record systems: Treasury/CS.053 Confidential Source 
Identification File, Treasury/CS.058 Cooperating Individual Files, and 
Treasury/CS.122 Information Received File into a new Immigration and 
Customs Enforcement (ICE) system of records notice titled Confidential 
and Other Sources of Information (COSI). Categories of individuals, 
categories of records, and the routine uses of these legacy system of 
records notices have been consolidated and updated to better reflect 
ICE COSI record systems. Additionally, DHS is issuing a Notice of 
Proposed Rulemaking (NPRM) concurrent with this SORN elsewhere in the 
Federal Register. The exemptions for the legacy system of records 
notices will continue to be applicable until the final rule for this 
SORN has been completed. This system will be included in the 
Department's inventory of record systems.

DATES: Written comments must be submitted on or before January 8, 2009. 
This new system will be effective January 8, 2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0129 by one of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Fax: 1-866-466-5370.
     Mail: Hugo Teufel III, 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 and may be read at 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: 
Lyn Rahilly, Privacy Officer, (202-732-3300), Immigration and Customs 
Enforcement, 500 12th Street, SW., Washington, DC 20024, e-mail: 
[email protected]. For privacy issues please contact: Hugo Teufel III 
(703-235-0780), Chief Privacy Officer, Privacy Office, U.S. Department 
of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    Pursuant to the savings clause in the Homeland Security Act of 
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 
2002), the DHS and its component agency ICE have relied on preexisting 
Privacy Act systems of records notices for the collection and 
maintenance of records pertaining to information received from 
confidential and other sources. As a law enforcement investigatory 
agency, ICE collects and maintains information regarding possible 
violations of law from a number of sources, including confidential 
sources, State, local, tribal and Federal law enforcement agencies, and 
members of the public. As part of its efforts to streamline and 
consolidate its record systems, DHS is establishing a component system 
of records under the Privacy Act (5 U.S.C. 552a) for ICE to cover these 
records. This new system of records will allow ICE to collect and 
maintain records concerning the identities of and information received 
from documented confidential sources and other sources who supply 
information to ICE regarding possible violations of law or otherwise in 
support of law enforcement investigations and activities.
    In accordance with the Privacy Act of 1974, DHS is giving notice 
that it proposes to consolidate three legacy record systems: Treasury/
CS.053 Confidential Source Identification File (66 FR 52984 October 18, 
2001), Treasury/CS.058 Cooperating Individual Files (66 FR 52984 
October 18, 2001), and Treasury/CS.122 Information Received File (66 FR 
52984 October 18, 2001), into a DHS/ICE system of records notice 
titled, United States Immigration and Customs Enforcement Information, 
and Confidential Sources. Categories of individuals, categories of 
records, and the routine uses of these legacy system of records notices 
have been consolidated and updated to better reflect the DHS/ICE 
Information, and Confidential Sources record systems. Additionally, DHS 
is issuing a Notice of Proposed Rulemaking (NPRM) concurrent with this 
SORN elsewhere in the Federal Register. The exemptions for the legacy 
system of records notices will continue to be applicable until the 
final rule for this SORN has been completed. This system will be 
included in the Department's inventory of record systems.

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

[[Page 74730]]

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 record keeping 
practices transparent, to notify individuals regarding the uses of 
their records, and to assist individuals to more easily find such files 
within the agency. Below is the description of the ICE Confidential and 
Other Sources of Information (COSI) 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 (OMB) and 
to Congress.
System of Records: DHS/ICE-010.

System name:
    Immigration and Customs Enforcement Confidential and Other Sources 
of Information (COSI).

Security classification:
    Unclassified. Law Enforcement Sensitive (LES).

System location:
    Records are maintained at the ICE Headquarters in Washington, DC, 
and in field offices.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include:
    (1) Confidential Sources: Individuals who report information to ICE 
regarding possible violations of law or other information in support of 
law enforcement investigations and activities who have been documented 
as a confidential source. These individuals include confidential 
informants; Federal, State, local, tribal, territorial, or foreign 
government personnel or law enforcement officers; and members of the 
public acting in either their personal or professional capacities;
    (2) Non-Confidential Sources: Individuals other than those 
described in (1) above, who report information to ICE regarding 
possible violations of law or other information in support of law 
enforcement investigations and activities. These individuals include 
Federal, State, local, tribal, territorial, or foreign government 
personnel or law enforcement officers; and members of the public acting 
in either their personal or professional capacities.
    (3) Individuals reported by Confidential and Non-Confidential 
Sources: Individuals whose information is provided to ICE by the 
individuals described in (1) and (2) above. These individuals are 
typically persons who are alleged to have engaged in, witnessed, or 
otherwise been associated with suspected illegal activity.

Categories of records in the system:
    Categories of records in this system may include:
    For Confidential Sources:
     Individual's name (actual or assumed).
     ICE Confidential Source (identifying) number.
     Date ICE Source number assigned.
     Addresses.
     Nationality.
     Occupational information.
     Date and place of birth.
     Physical description of identifying features.
     Photograph of Source.
     Identifying numbers such as Social Security Number, 
driver's license number, FBI number, and passport number.
     Criminal history record.
     Copy of driver's license.
     Copy of alien registration card.
     Documentation of information received and the amount and 
date of any monetary payment made to the source.
    For other non-confidential sources of information:
     Individual's name (actual or assumed).
     Addresses.
     Nationality.
     Occupational information.
    For individuals about whom confidential and non-confidential 
information is provided:
     Individual's name (alleged violator, witness, interested 
parties, those connected with the investigation);
     Fingerprints;
     Handwriting sample;
     Aliases;
     Social Security Number;
     Nationality;
     Date of birth;
     Place of birth;
     Addresses;
     Telephone numbers;
     Emergency contact information;
     Occupation;
     Association/Organization memberships;
     Physical description of the individual;
     Photograph of the individual;
     Alien registration number;
     Copy of Alien registration card;
     Copy of Driver's license;
     Driver's license number;
     Registration number of vehicle, vessel, or aircraft;
     FBI/National Crime Information Center (NCIC) number;
     Passport number;
     ICE Investigative case number;
     Internal DHS/ICE memoranda and related materials regarding 
possible violations of law;
     Criminal record information;
     Financial record information;
     Documentation of information received from confidential 
sources, agencies and other individuals;
     The ICE office receiving the information; and
     ICE Duty Agent Log of information received, which contains 
some or all of the specific data listed above.

Authority for maintenance of the system:
    5 U.S.C. 301; 18 U.S.C. Chapter 27; and 19 U.S.C. 1619.

Purpose(s):
    The purpose of this system is to document and manage the identities 
of and information received from a number of sources, including 
confidential sources, regarding possible violations of law or other 
information in support of law enforcement investigations and activities 
conducted by ICE.

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 of 
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 (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or

[[Page 74731]]

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 employee of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where the 
Department of Justice 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 government 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. The Department 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) or harm to the 
individual who relies upon the compromised information; 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 compromise and prevent, minimize, 
or remedy such harm.
    F. 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.
    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, 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 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 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, or the 
issuance of a license, grant or other benefit and disclosure is 
appropriate to the proper performance of the official duties of the 
person making the request.
    I. To a court, magistrate, or administrative tribunal 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 or in 
response to a subpoena from a court of competent jurisdiction.
    J. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure.
    K. To Federal and foreign government intelligence or 
counterterrorism agencies or components where DHS becomes aware of an 
indication of a threat or potential threat to national or international 
security, or where such use is to assist in anti-terrorism efforts and 
disclosure is appropriate to the proper performance of the official 
duties of the person making the disclosure.
    L. 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 or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, 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.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Records in this system are stored electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
are stored on magnetic disc, tape, digital media, and CD-ROM.

Retrievability:
    Records for confidential sources are retrieved by ICE their 
numerical identifier or the associated ICE investigative case number. 
Other source records are retrieved by ICE investigative case number, 
individual's name or alias (source, subject or other person connected 
with the investigation), the ICE field office which received the 
information, and the date the information was received.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable DHS automated 
system security 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:
    Records are maintained until the end of the fiscal year in which 
the related investigative file is closed. The records are then 
transferred to the Federal Records Center five (5) years after the end 
of that fiscal year. The records are then destroyed 50 years after the 
end of the fiscal year in which the related investigative file is 
closed. Disposal of paper files occurs by burning or shredding; 
electronic data is disposed of using methods approved by the DHS Chief 
Information Security Officer.

[[Page 74732]]

System Manager and address:
    Deputy Assistant Director, Investigative Services Division, Office 
of Investigations, ICE Headquarters, Potomac Center North, 500 12th 
St., SW., Washington, DC 20024.

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the component's FOIA Officer, whose 
contact information can be found at http://www.dhs.gov/foia under 
``contacts.'' 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-0550, 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 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) will 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 procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Other Federal, State, local, and tribal law enforcement agencies, 
confidential sources, any other sources of information including 
members of the public.

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act, 
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4); 
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8); 
(f), and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system is exempt 
from the following provisions of the Privacy Act, subject to the 
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), (d), 
(e)(1), (e)(4)(G), (e)(4)(H), and (f). In addition, to the extent a 
record contains information from other exempt systems of records, ICE 
will rely on the exemptions claimed for those systems.

    Dated: November 28, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29054 Filed 12-8-08; 8:45 am]
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