[Federal Register Volume 75, Number 35 (Tuesday, February 23, 2010)]
[Notices]
[Pages 8096-8098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3401]



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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0140]


Privacy Act of 1974; Department of Homeland Security 
Transportation Security Administration--023 Workplace Violence 
Prevention Program 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, 
``Department of Homeland Security/Transportation Security 
Administration--023 Workplace Violence Prevention Program System of 
Records.'' This system will allow the Transportation Security 
Administration to collect and maintain records on their Workplace 
Violence Prevention Program. Additionally, the Department of Homeland 
Security is issuing a Notice of Proposed Rulemaking concurrent with 
this system of records elsewhere in the Federal Register. This newly 
established system will be included in the Department of Homeland 
Security's inventory of record systems.

DATES: Submit comments on or before March 25, 2010. This new system 
will be effective March 25, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0140 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 Pietra ([email protected]), Director, Privacy Policy & 
Compliance, TSA-036, Transportation Security Administration, 601 South 
12th Street, Arlington, VA 20598-6036. 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

    The Department of Homeland Security (DHS) Transportation Security 
Administration (TSA) is establishing a new system of records under the 
Privacy Act (5 U.S.C. 552a) titled, DHS/TSA-023 Workplace Violence 
Prevention Program System of Records. The system will cover records 
regarding current and former employees and contractors of TSA and 
members of the public who have been involved in workplace violence at 
TSA facilities, or while on or because of their official duty, or who 
are being or have been assisted or counseled by the TSA Workplace 
Violence Prevention Program. Records include acts, remarks, or gestures 
that communicate a threat of harm or otherwise cause concern for the 
safety of any individual at TSA facilities or while on or because of 
their official duty. These records may include identifying information, 
information documenting workplace violence, and actions taken by the 
Workplace Violence Prevention Program or TSA. The program provides 
oversight and management of potential or actual incidents of violence 
in the workplace. It provides assistance to affected individuals, 
guidance on prevention and response to workplace violence, analyzes 
data as needed, and provides training.
    Additionally, DHS is issuing a Notice of Proposed Rulemaking (NPRM) 
concurrent with this system of records elsewhere in the Federal 
Register. This newly established system will be included in the 
Department of Homeland Security'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 
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 that each agency publish in the Federal 
Register a description denoting the type and character of each system 
of records in order to make agency recordkeeping practices transparent, 
to notify individuals about the use of their records, and to assist the 
individual to more easily find files within the agency. Below is a 
description of the DHS/TSA-023 Workplace Violence Prevention Program 
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 the Congress.
SYSTEM OF RECORDS:
    DHS/TSA-023

System name:
    Transportation Security Administration Workplace Violence 
Prevention Program System of Records.

Security classification:
    Unclassified.

System location:
    Records are maintained at TSA Headquarters in Arlington, Virginia 
and field locations.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include: Current 
and former employees and contractors of TSA and members of the public 
who have been involved in workplace violence at TSA facilities, or 
while on or because of their official duty, or who are being or have 
been assisted or counseled by their Workplace Violence Prevention 
Program.

Categories of records in the system:
    Categories of records in this system include:

     Individual's full name;
     Date of birth;
     Social Security number;
     Work and home address;
     Work, home and cell numbers;
     Job title, duty station and work shift;
     Leave and attendance records;

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     Performance records;
     Supervisor's name and contact information;
     Investigative reports including:
    [cir] Documentation of alleged inappropriate behavior;
    [cir] Video or audio recordings; or
    [cir] Photographs;
    [cir] Court records;
    [cir] Documentation of management or local assessment and response 
team actions.
     Medical or mental health records including:
    [cir] Evaluations or reports;
    [cir] Attendance at treatment or counseling programs; or
    [cir] Substance abuse records and prognosis.

Authority for maintenance of the system:
    5 U.S.C. 301; 44 U.S.C. 3101; Aviation and Transportation Security 
Act, Public Law 107-71; 5 U.S.C. 7361, 7362, 7901, 7904; 42 U.S.C. 
290dd-2; Executive Order 9397; and Executive Order 12564.

Purpose(s):
    This record system will maintain information gathered by and in the 
possession of the Workplace Violence Prevention Program, an internal 
TSA program designed to prevent and respond to workplace violence.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:

    Note:  Records of identity, diagnosis, prognosis, or treatment 
of any client/patient, irrespective of whether or when he/she ceases 
to be a client/patient, maintained in connection with the 
performance of any alcohol or drug abuse prevention and treatment 
function conducted, regulated or directly or indirectly assisted by 
any department or agency of the United States, shall, except as 
provided therein, be confidential and be disclosed only for the 
purposes and under the circumstances expressly authorized in 42 
U.S.C. 290dd-2. This statute takes precedence over the Privacy Act 
of 1974 in regard to accessibility of such records except to the 
individual to whom the record pertains. The routine uses listed 
below do not apply to these types of records.

    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 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, 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 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.
    E. To appropriate state and local authorities to report, under 
state law, incidents of suspected child abuse or neglect to the extent 
described under 42 CFR 2.12.
    F. To any individual or entity, including medical or mental health 
personnel or law enforcement, when an individual poses a risk of harm 
to himself/herself or others, or when relevant to medical or mental 
health counseling, treatment or evaluation.
    G. To the 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 or criminal laws.
    H. To designated officers and employees of federal, state, local, 
or international agencies in connection with the hiring or continued 
employment of an individual, the conduct of a suitability or security 
investigation of an individual, the grant, renewal, suspension, or 
revocation of a security clearance, or the certification of security 
clearances, to the extent that DHS determines the information is 
relevant and necessary to the agency's decision.
    I. To airport operators, aircraft operators, maritime and surface 
transportation operators, indirect air carriers, and other facility 
operators on individuals who are their employees, prospective employees 
(job applicants), 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, or the issuance of such credentials or 
clearances.
    J. 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.
    K. 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 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:
    Data may be retrieved by an individual's name, social security 
number, date of birth, and/or other personal identifier related to his/
her specific case.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including all applicable automated 
systems security and access policies. Strict controls have been imposed 
to minimize the risk of compromising the

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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:
    The Department is proposing to retain records for seven years after 
administrative action has been taken. Records associated with this 
system will be maintained until the National Archives and Records 
Administration has approved the proposed records disposition schedule.

System Manager and address:
    Program Manager, National Workplace Violence Prevention, TSA-18, 
Transportation Security Administration, 601 S. 12th St., Arlington, VA 
20598-6018.

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, TSA will consider 
individual requests to determine whether or not information may be 
released. 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 TSA FOIA Officer, whose contact 
information can be found at http://www.dhs.gov/foia under ``contacts.''
    When seeking records about yourself from this 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 Chief Privacy Officer and Chief Freedom of 
Information Act Officer, 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; 
and
     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 procedures:
    Same as ``Notification procedure'' above. Provide your full name 
and a description of information that you seek, including the time 
frame during which the record(s) may have been generated. Individuals 
requesting access must comply with the Department of Homeland Security 
Privacy Act regulations on verification of identity (6 CFR 5.21(d)).

Contesting record procedures:
    Same as ``Notification procedure'' and ``Record Access Procedure,'' 
above.

Record Source Categories:
    Information originates from personnel seeking assistance, TSA and 
its offices, counselors, treatment facilities, and coworkers.

Exemptions claimed for the system:
    The Secretary of Homeland Security has exempted portions of this 
system from the following provisions of the Privacy Act, subject to the 
limitations set forth in (c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I); and (f) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2).

    Dated: January 21, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-3401 Filed 2-22-10; 8:45 am]
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