[Federal Register Volume 73, Number 237 (Tuesday, December 9, 2008)]
[Notices]
[Pages 74735-74739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29056]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0186]


Privacy Act of 1974; U.S. Immigration and Customs Enforcement-006 
Intelligence Records System (IIRS) 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 proposes to establish a new system of records titled 
the U.S. Immigration and Customs Enforcement (ICE) Intelligence Records 
System (IIRS). IIRS contains information generated or received by the 
ICE Office of Intelligence, or other offices within ICE that support 
the law enforcement intelligence mission, that is analyzed and 
disseminated to ICE executive management and operational units for law 
enforcement, intelligence, counterterrorism, and other homeland 
security purposes. IIRS also contains data maintained in the Office of 
Intelligence's Intelligence Fusion System (IFS), a software application 
and data repository that facilitates research and analysis of 
information from a variety of sources within and outside of DHS to 
support law enforcement activities and investigations of violations of 
U.S. laws, administration of immigration laws and other laws 
administered or enforced by DHS, and production of DHS law enforcement 
intelligence products. Additionally, a Privacy Impact Assessment for 
IFS will be posted on the Department's privacy Web site. (See 
www.dhs.gov/privacy and follow the link to ``Privacy Impact 
Assessments.'') Due to urgent homeland security and law enforcement 
mission needs, IFS is currently in operation. Recognizing that ICE is 
publishing a notice of system of records for an existing system, ICE 
will carefully consider public comments, apply appropriate revisions, 
and republish the IIRS notice of system of records within 180 days of 
receipt of comments. A proposed rulemaking is also published in this 
issue of the Federal Register in which the Department proposes to 
exempt portions of this system of records from one or more provisions 
of the Privacy Act because of criminal, civil, and administrative 
enforcement requirements.

DATES: The established system of records will be effective January 8, 
2009. Written comments must be submitted on or before January 8, 2009. 
A revised IIRS notice of system of records that addresses public 
comments, responds to OMB direction, and includes other ICE changes 
will be published not later than July 7, 2009 and will supersede this 
notice of system of records.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0186 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 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: Lyn M. Rahilly (202-514-1900), Privacy 
Officer, U.S. Immigration and Customs Enforcement, 425 I Street, NW., 
Washington, DC 20001, or Hugo Teufel III (703-235-0780), Chief Privacy 
Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION: 

[[Page 74736]]

I. Background

    The ICE Intelligence Records System (IIRS) system of records is 
owned by the ICE Office of Intelligence. It consists of information 
generated or received by the Office of Intelligence, or other offices 
within ICE that support the law enforcement intelligence mission, that 
is analyzed and disseminated to ICE executive management and 
operational units for law enforcement, intelligence, counterterrorism, 
and other homeland security purposes. Using various databases and 
tools, the Office of Intelligence produces formal law-enforcement 
intelligence reports that are the end-result of the intelligence 
process. These reports, the underlying data on which they are based, 
and the work papers used or created by the analysts and agents, are all 
included within the IIRS system of records.
    As part of the intelligence process, ICE investigators and analysts 
must review large amounts of data to identify and understand 
relationships between individuals, entities, threats, and events to 
generate law-enforcement intelligence products that provide ICE 
operational units with actionable information for law enforcement 
purposes. If performed manually, this process can involve hours of 
analysis of voluminous data. To automate and expedite this process, the 
former Immigration and Naturalization Service created a software 
application and data repository that allowed for the efficient research 
and analysis of data from a variety of sources. That application is now 
called the Intelligence Fusion System (IFS) and is currently owned by 
the ICE Office of Intelligence.
    IFS is specifically designed to make the intelligence research and 
analysis process more efficient by allowing searches of a broad range 
of data through a single interface. IFS can also identify links 
(relationships) between individuals or entities based on commonalities, 
such as identification numbers, addresses, or other information. These 
commonalities in and of themselves are not suspicious, but in the 
context of additional information they sometimes help DHS agents and 
analysts to identify potentially criminal activity and identify other 
suspicious activities. These commonalities can also form the basis for 
a DHS-generated intelligence product that may lead to further 
investigation or other appropriate follow-up action by ICE, DHS, or 
other Federal, State, or local agencies.
    DHS personnel may access IFS only if they hold positions that 
involve the execution of law enforcement responsibilities, the 
administration of immigration and naturalization laws, or the 
production of DHS intelligence products. While IFS does increase the 
efficiency of data research and analysis, it does not allow DHS 
personnel to obtain any data they could not otherwise access in the 
course of their job responsibilities. IFS does not seek to predict 
future behavior or ``profile'' individuals, i.e., look for individuals 
who meet a certain pattern of behavior that has been pre-determined to 
be suspect.
    Individuals may request information about records pertaining to 
them stored in IIRS as outlined in the ``Notification Procedure'' 
section below. ICE reserves the right to exempt various records from 
release pursuant to exemptions 5 U.S.C. 552a(j)(2) and (k)(2) of the 
Privacy Act.
    Consistent with DHS's information sharing mission, information 
stored in IIRS 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 personally identifiable 
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 legal 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 
which personally identifiable information is put, and to assist 
individuals to more easily find such files within the agency. Below is 
the description of the IIRS system of records.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of 
this new system of records to the Office of Management and Budget and 
to Congress.

SYSTEM OF RECORDS:
DHS/ICE-006

System name:
    ICE Intelligence Records System (IIRS).

Security classification:
    Sensitive But Unclassified, Classified.

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

Categories of individuals covered by the system:
    Categories of individuals covered by this system include the 
following: (1) Individuals (e.g., subjects, witnesses, associates) 
associated with immigration enforcement activities or law enforcement 
investigations/activities conducted by ICE, the former Immigration and 
Naturalization Service, or the former U.S. Customs Service; (2) 
individuals associated with law enforcement investigations or 
activities conducted by other Federal, State, tribal, territorial, 
local or foreign agencies where there is a potential nexus to ICE's law 
enforcement and immigration enforcement responsibilities or homeland 
security in general; (3) individuals known or appropriately suspected 
to be or have been engaged in conduct constituting, in preparation for, 
in aid of, or related to terrorism; (4) individuals involved in, 
associated with, or who have reported suspicious activities, threats, 
or other incidents reported by domestic and foreign government 
agencies, multinational or non-governmental organizations, critical 
infrastructure owners and operators, private sector entities and 
organizations, and individuals; and (5) individuals who are the 
subjects of or otherwise identified in classified or unclassified 
intelligence reporting received or reviewed by ICE.

[[Page 74737]]

    IIRS includes an information technology system known as the 
Intelligence Fusion System (IFS). In addition to the categories of 
individuals listed above, IFS also includes the following: (1) 
Individuals identified in law enforcement, intelligence, crime, and 
incident reports (including financial reports under the Bank Secrecy 
Act and law enforcement bulletins) produced by DHS and other government 
agencies; (2) individuals identified in U.S. visa, border, immigration 
and naturalization benefit data, including arrival and departure data; 
(3) individuals identified in DHS law enforcement and immigration 
records; (4) individuals not authorized to work in the United States; 
(5) individuals whose passports have been lost or stolen; and (6) 
individuals identified in public news reports.

Categories of records in the system:
    Categories of records in this system include: (1) Biographic 
information (name, date of birth, social security number, alien 
registration number, citizenship/immigration status, passport 
information, addresses, phone numbers, etc.); (2) Records of 
immigration enforcement activities or law enforcement investigations/
activities conducted by ICE, the former Immigration and Naturalization 
Service, or the former U.S. Customs Service; (3) Information (including 
documents and electronic data) collected by DHS from or about 
individuals during investigative activities and border searches; (4) 
Records of immigration enforcement activities and law enforcement 
investigations/activities that have a possible nexus to ICE's law 
enforcement and immigration enforcement responsibilities or homeland 
security in general; (5) Law enforcement, intelligence, crime, and 
incident reports (including financial reports under the Bank Secrecy 
Act and law enforcement bulletins) produced by DHS and other government 
agencies; (6) U.S. visa, border immigration and naturalization benefit 
data, including arrival and departure data; (7) Terrorist watchlist 
information and other terrorism related information regarding threats, 
activities, and incidents; (8) Lost and stolen passport data; (9) 
Records pertaining to known or suspected terrorists, terrorist 
incidents, activities, groups, and threats; (10) ICE-generated 
intelligence requirements, analysis, reporting, and briefings; (11) 
Third party intelligence reporting; (12) Articles, public-source data, 
and other published information on individuals and events of interest 
to ICE; (13) Records and information from government data systems or 
retrieved from commercial data providers in the course of intelligence 
research, analysis and reporting; and (14) Reports of suspicious 
activities, threats, or other incidents generated by ICE and third 
parties.

Authority for maintenance of the system:
    5 U.S.C. 301; 8 U.S.C. 1103, 1105, 1225(d)(3), 1324(b)(3), 1357(a), 
and 1360(b); 19 U.S.C. 1 and 1509.

Purpose(s):
    (a) To maintain records that reflect and generally support ICE's 
collection, analysis, reporting, and distribution of law enforcement, 
immigration administration, terrorism, intelligence, and homeland 
security information in support of ICE's law enforcement and 
immigration administration mission.
    (b) To produce law-enforcement intelligence reporting that provides 
actionable information to ICE's law enforcement and immigration 
administration personnel and to other appropriate government agencies.
    (c) To enhance the efficiency and effectiveness of the research and 
analysis process for DHS law enforcement, immigration, and intelligence 
personnel through information technology tools that provide for 
advanced search and analysis of various datasets; and
    (d) To identify potential criminal activity, immigration 
violations, and threats to homeland security; to uphold and enforce the 
law; and to 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 or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when (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 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 the Department of Justice (DOJ), Civil Rights Division, for 
the purpose of responding to matters within the DOJ's jurisdiction to 
include allegations of fraud and/or nationality discrimination.
    C. 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.
    D. 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.
    E. 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.
    F. 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) that rely upon the 
compromised information, or harm to an individual; 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.
    G. 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.
    H. To a Federal, State, territorial, tribal, local, international, 
or foreign government agency or entity for the purpose of consulting 
with that agency or entity: (1) To assist in making a determination 
regarding redress for an individual in connection with the operations 
of a DHS component or program; (2) for the purpose of verifying the 
identity of an individual seeking redress in connection with the

[[Page 74738]]

operations of a DHS component or program; or (3) for the purpose of 
verifying the accuracy of information submitted by an individual who 
has requested such redress on behalf of another individual.
    I. 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.
    J. To an appropriate Federal, State, local, tribal, foreign, or 
international agency, if the information is relevant and necessary to 
the agency's decision concerning the hiring or retention of an 
individual or the issuance, grant, renewal, suspension or revocation 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 when disclosure is appropriate to the proper performance of 
the official duties of the person receiving the information.
    K. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purpose of protecting the vital interests of a data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or to combat other significant public health 
threats; appropriate notice will be provided of any identified health 
risk.
    L. To a public or professional licensing organization when such 
information indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of an individual who is licensed or who is seeking to 
become licensed.
    M. To a Federal, State, tribal, local or foreign government agency 
or organization, or international organization, lawfully engaged in 
collecting law enforcement intelligence information, whether civil or 
criminal, or charged with investigating, prosecuting, enforcing or 
implementing civil or criminal laws, related rules, regulations or 
orders, to enable these entities to carry out their law enforcement 
responsibilities, including the collection of law enforcement 
intelligence.
    N. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations 
responsible for investigating or prosecuting the violations of, or for 
enforcing or implementing, a statute, rule, regulation, order, license, 
or treaty where DHS determines that the information would assist in the 
enforcement of civil, criminal, or regulatory laws.
    O. To third parties during the course of an investigation by DHS, a 
proceeding within the purview of the immigration and nationality laws, 
or a matter under DHS's jurisdiction, 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.
    P. To a Federal, State, or local agency, or other appropriate 
entity or individual, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by U.S. law, Executive Order, or other applicable national 
security directive.
    Q. To Federal and foreign government intelligence or 
counterterrorism agencies when DHS reasonably believes there to be a 
threat or potential threat to national or international security for 
which the information may be useful in countering the threat or 
potential threat, when DHS reasonably believes 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.
    R. To an organization or individual in either the public or private 
sector, either foreign or domestic, where there is a reason to believe 
that the recipient is or could become the target of a particular 
terrorist activity or conspiracy, to the extent the information is 
relevant to the protection of life or property and disclosure is 
appropriate to the proper performance of the official duties of the 
person making the disclosure.
    S. To international and foreign governmental authorities in 
accordance with law and formal or informal international agreements.
    T. To the Department of State in the processing of petitions or 
applications for benefits under the Immigration and Nationality Act, 
and all other immigration and nationality laws including treaties and 
reciprocal agreements.
    U. To appropriate Federal, State, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations where 
DHS is aware of a need to utilize relevant data for purposes of testing 
new technology and systems designed to enhance national security or 
identify other violations of law.
    V. To appropriate Federal, State, local, tribal, or foreign 
government agencies or multinational government organizations where DHS 
desires to exchange relevant data for the purpose of developing new 
software or implementing new technologies for the purposes of data 
sharing to enhance homeland security, national security or law 
enforcement.
    W. 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 may be retrieved by personal identifiers such as but not 
limited to name, alien registration number, phone number, address, 
social security number, or passport number. Records may also be 
retrieved by non-personal information such as transaction date, entity/
institution name, description of goods, value of transactions, and 
other information.

[[Page 74739]]

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. The system maintains a real-time 
auditing function of individuals who access the system. Additional 
safeguards may vary by component and program.

Retention and disposal:
    ICE is in the process of drafting a proposed record retention 
schedule for the information maintained in IIRS, including system 
information stored in IFS. ICE anticipates retaining the records from 
other databases in IFS for 20 years, records for which IFS is the 
repository of record for 75 years, and ICE-generated intelligence 
reports for 75 years. The original electronic data containing the 
inputs to IFS will be destroyed after upload and verification or 
returned to the source.

System Manager and address:
    Director, ICE Office of Intelligence, 425 I Street NW., Washington 
DC 20536.

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 
or 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:
    Federal, State, local, territorial, tribal or other domestic 
agencies, foreign agencies, multinational or non-governmental 
organizations, critical infrastructure owners and operators, private 
sector entities and organizations, individuals, commercial data 
providers, and public sources such as news media outlets and the 
Internet.

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).

    Dated: December 1, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29056 Filed 12-8-08; 8:45 am]
BILLING CODE 4410-10-P