[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74732-74735]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29055]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0130]
Privacy Act of 1974; United States Immigration and Customs
Enforcement--008 Search, Arrest, and Seizure Records System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security is giving notice that it proposes to consolidate two
legacy record systems: Treasury/CS.212 Search/Arrest/Seizure Report and
Treasury/CS.214 Seizure File into a Immigration and Customs Enforcement
system of records notice titled Search, Arrest, and Seizure Records.
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 Immigration and Custom Enforcement's search,
arrest, and seizure records. 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-
2008-0130 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 issues 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 Department of Homeland Security (DHS) and its component
agency Immigration and Customs Enforcement (ICE) have relied on
preexisting Privacy Act system of records notices for the collection
and maintenance of records pertaining to ICE's arrests of individuals,
and searches, detentions, and seizures of property pursuant to ICE's
law enforcement authorities. 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.
[[Page 74733]]
552a) for ICE to cover these records. The collection and maintenance of
this information will assist ICE in meeting its obligation to record
its actions regarding searches of individuals and property, arrests of
individuals, and detentions and seizures of property and goods pursuant
to ICE's law enforcement authorities.
In accordance with the Privacy Act of 1974, DHS is giving notice
that it proposes to consolidate two legacy record systems: Treasury/
CS.212 Search/Arrest/Seizure Report (66 FR 52984 October 18, 2001) and
Treasury/CS.214 Seizure File (66 FR 52984 October 18, 2001) into an ICE
system of records notice titled Search, Arrest, and Seizure Records.
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's search, arrest, and seizure records.
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' information.
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 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 DHS/ICE Search,
Arrest, and Seizure Records 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-008
System name:
Immigration and Customs Enforcement Search, Arrest, and Seizure
Records.
Security classification:
Unclassified. Law Enforcement Sensitive (LES).
System location:
Records are maintained at the U.S. Immigration and Customs
Enforcement (ICE) Headquarters in Washington, DC and in field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include persons
who violated, or are believed to have violated, the laws and
regulations enforced by ICE, including those who have been
administratively or criminally charged with violations of such laws and
regulations. Also included in this system are owners, claimants, and
other interested parties of the detained, seized and/or forfeited
property.
Categories of records in the system:
Categories of records in this system may include: Information about
individuals:
Name;
Nationality;
Aliases;
Social Security Number;
Fingerprints;
Date of birth;
Physical description of individual;
Addresses;
Telephone numbers;
Occupation;
Place of business;
Driver's license number;
Information about the search, seizure, or detention of goods or
property, or the search or arrest of individuals:
Search/arrest/seizure/detention date;
License and registration number of vehicle, vessel and/or
aircraft;
Individual and/or contraband's mode of entry;
Photographs related to searches, detentions, seizures, or
arrests;
Declaration forms submitted to U.S. Customs and Border
Protection;
Receipts of cash, goods, or other property seized,
detained, or forfeited;
Description of goods or other property seized, detained,
searched, or forfeited;
Estimated foreign value of seized goods or other property;
Duty paid and owed;
Domestic value of seized goods or other property;
Notices provided to owners, claimants, or other interested
parties pertaining to seized goods or other property;
Reports of arrests, searches, detentions and seizures by
ICE including the circumstances of the seizure, including reports from
other law enforcement agencies;
Section of law violated; and
Seized or detained records in both paper and electronic
form, including computers, computer records, disks, hard drives, flash
drives and other electronic media and storage devices.
Authority for maintenance of the system:
5 U.S.C. 301; 19 U.S.C. 66, 1618, 1625; 19 U.S.C. 8; 19 CFR Parts
171 and 172; the Federal Records Act, 44 U.S.C. 3101; Executive Order
9373.
Purpose(s):
The purpose of this system is to document all information and
activity related to ICE searches of individuals and property, arrests
of individuals, and seizures of goods, as well as related information
about the individuals or entities suspected of violations of laws and
regulations enforced by ICE. The system is also intended to facilitate
communication between ICE and foreign and domestic law enforcement
agencies for the purpose of enforcement and administration of laws,
including immigration and customs laws.
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
[[Page 74734]]
Offices) or other Federal agency 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 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 international and foreign governmental authorities in
accordance with the law and formal or informal international
arrangements.
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 also stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records are retrieved by individual's name, Social Security Number,
ICE case number, vehicle, vessel, or aircraft number.
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 for 5 years after final disposition, and
then are transferred to the Federal Records Center. Records are
destroyed 20 years after final disposition. Disposal of paper files
occurs by burning or shredding; electronic data is disposed of using
methods approved by the DHS Chief Information Security Officer.
System Manager and address:
Unit Chief, Executive Information Unit/Program Management Oversight
(EIU/PMO), Office of Investigations, Mission Support Division, U.S.
Immigration and Customs Enforcement, 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
[[Page 74735]]
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:
Individuals who have been subject to search or arrest; owners,
claimants, and other interested parties of detained, seized and/or
forfeited property; other Federal agencies, and State, tribal and local
law enforcement agencies; confidential sources; and 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), and (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. E8-29055 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P