[Federal Register Volume 78, Number 236 (Monday, December 9, 2013)]
[Notices]
[Pages 73868-73871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29353]
[[Page 73868]]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2013-0079]
Privacy Act of 1974; Department of Homeland Security
Transportation Security Administration--DHS/TSA-001 Transportation
Security Enforcement Record System System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act System of Records Update.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/Transportation Security Administration--DHS/TSA-001
Transportation Security Enforcement Record System System of Records.''
This system of records allows the Department of Homeland Security/
Transportation Security Administration to collect and maintain records
related to the Transportation Security Administration's screening of
passengers and property, as well as records related to the
investigation or enforcement of transportation security laws,
regulations, directives, or Federal, State, local, or international
law. For example, records relating to an investigation of a security
incident that occurred during passenger or property screening would be
covered by this system. As a result of a biennial review of this
system, records have been updated within the routine uses.
Specifically, the statute citation in routine use P. has been
corrected. This notice is being re-issued in its entirety in order to
have a single updated record available for public review. This updated
system will be included in the Department of Homeland Security's
inventory of record systems.
DATES: Submit comments on or before January 8, 2014. This updated
system will be effective January 8, 2014.
ADDRESSES: You may submit comments, identified by docket number DHS-
2013-0079 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, 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 notice. 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, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Peter Pietra, Privacy Officer, Privacy Policy and Compliance, TSA-36,
Transportation Security Administration, 601 South 12th Street,
Arlington, VA 20598-6036; email: [email protected]. For privacy
questions, please contact: Karen L. Neuman, (202) 343-1717, Chief
Privacy Officer, Privacy Office, 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
Information (TSA) proposes to update and reissue a current DHS system
of records titled, ``DHS/TSA-001 Transportation Security Enforcement
Record System (TSERS) System of Records.''
As a result of a biennial review of this system, records have been
updated within the routine uses. The statute citation in routine use P.
has been corrected to 49 U.S.C. Sec. 46301(h).
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.
Consistent with DHS' information-sharing mission, information
stored in the DHS/TSA-001 TSERS may be shared with other DHS components
that have a need to know the information to carry out their national
security, law enforcement, immigration, intelligence, or other homeland
security functions. In addition, information may be shared with
appropriate federal, state, local, tribal, territorial, foreign, or
international government agencies consistent with the routine uses set
forth in this system of records notice.
Portions of this system are exempt under 5 U.S.C. Sec. Sec.
552a(k)(1) and (k)(2). Portions of the system pertaining to
investigations or prosecutions of violations of criminal law are exempt
under 5 U.S.C. Sec. 552a(j)(2). These exemptions are reflected in the
final rule published on August 4, 2006 in 71 FR 44223.
This updated system will be included in DHS' inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which Federal Government
agencies collect, maintain, use, and disseminate 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 U.S. 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.
Below is the description of the DHS/TSA-001 TSERS 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.
(TSA)--001
System of Records:
Department of Homeland Security (DHS)/Transportation Security
Administration
System name:
DHS/TSA-001 Transportation Security Enforcement Record System
(TSERS)
Security classification:
Classified, sensitive.
System location:
Records are maintained at TSA Headquarters offices in Arlington,
Virginia, and at various TSA field offices.
Categories of individuals covered by the system:
Owners, operators, and employees in all modes of transportation for
which DHS/TSA has security-related duties; witnesses and other third
parties who provide information; individuals undergoing screening of
their person (including identity verification) or property; individuals
against whom investigative, administrative, or civil or criminal
enforcement action has been initiated for violation of certain TSA
regulations or security directives,
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relevant provisions of 49 U.S.C. Chapter 449, or other laws;
individuals being investigated or prosecuted for violations of law; and
individuals who communicate security incidents, potential security
incidents, or otherwise suspicious activities.
Categories of records in the system:
Information related to the screening of property and the security
screening and identity verification of individuals, including
identification media and identifying information such as:
Individual's name;
Address;
Date of birth;
Gender;
Contact information (e.g., email addresses, phone
numbers);
Social Security Number,
Fingerprints or other biometric identifiers;
Photographs or video; and
Travel information or boarding passes.
Additionally, information related to the investigation or
prosecution of any alleged violation; place of violation; Enforcement
Investigative Reports (EIRs); security incident reports, screening
reports, suspicious-activity reports, and other incident or
investigative reports; statements of alleged violators, witnesses, and
other third parties who provide information; proposed penalty;
investigators' analyses and work papers; enforcement actions taken;
findings; documentation of physical evidence; correspondence of TSA
employees and others in enforcement cases; pleadings and other court
filings; legal opinions and attorney work papers; and information
obtained from various law enforcement or prosecuting authorities
relating to the enforcement of laws or regulations.
Authority for maintenance of the system:
49 U.S.C. 114(d), 44901, 44903, 44916, 46101, 46301.
Purpose(s):
The records are created in order to maintain an enforcement and
inspections system for all modes of transportation for which TSA has
security related duties and to maintain records related to the
investigation or prosecution of violations or potential violations of
Federal, State, local, or international criminal law. They may be used,
generally, to identify, review, analyze, investigate, and prosecute
violations or potential violations of transportation security laws,
regulations and directives or other laws as well as to identify and
address potential threats to transportation security. They may also be
used to record the details of TSA security-related activity, such as
passenger or property screening.
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.
Sec. 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. Sec. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including U.S. Attorney
Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee 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.
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 (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. Sec. Sec.
2904 and 2906.
D. To an agency or organization 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 identity theft or fraud, harm
to economic or property interests, harm to an individual, 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; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS' 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, territorial, 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 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. Issue, maintain, or renew a license, certificate, contract,
grant, or other benefit.
I. 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.
J. 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
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security clearance, license, contract, grant, or other benefit.
K. 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.
L. To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
M. To third parties during the course of an investigation into any
matter before DHS/TSA to the extent necessary to obtain information
pertinent to the investigation.
N. To airport operators, aircraft operators, and 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, or the issuance of such credentials or
clearances.
O. To any agency or instrumentality charged under applicable law
with the protection of the public health or safety under circumstances
where the public health or safety is at risk.
P. With respect to members of the armed forces who may have
violated transportation security or safety requirements and laws,
disclose the individual's identifying information and details of their
travel on the date of the incident in question to the appropriate
branch of the armed forces to the extent necessary to determine whether
the individual was performing official duties at the time of the
incident. Members of the armed forces include active duty and reserve
members, and members of the National Guard. This routine use is
intended to permit TSA to determine whether the potential violation
must be referred to the appropriate branch of the armed forces for
action pursuant to 49 U.S.C. Sec. 46301(h).
Q. To the DOJ, U.S. Attorney's Office, or other Federal agencies
for further collection action on any delinquent debt when circumstances
warrant.
R. To a debt collection agency for the purpose of debt collection.
S. To airport operators, aircraft operators, air carriers,
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 national security, or
when required for administrative purposes related to the effective and
efficient administration of transportation security laws.
T. 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.
U. 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.
V. To the public, on the TSA Web site at www.tsa.gov, final agency
and Administrative Law Judge decisions in criminal enforcement and
other administrative matters, except that personal information about
individuals will be deleted if release of that information would
constitute an unwarranted invasion of privacy, including but not
limited to medical information.
W. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, where 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 or a risk to transportation or national
security.
X. To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation,
order, license, or treaty, where DHS/TSA determines that the
information would assist in the enforcement of a civil or criminal law.
Disclosure to consumer reporting agencies:
Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made from this
system to consumer reporting agencies collecting on behalf of the
United States Government.
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. The
records may be stored on magnetic disc, tape, digital media,
microfiche, and roll microfilm.
Retrievability:
Records may be retrieved by name, address, Social Security number,
administrative action or legal enforcement numbers, or other assigned
identifier of the individual on whom the records are maintained.
Safeguards:
Information in this system is safeguarded in accordance with
applicable laws, rules and policies. All records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. These safeguards include restricting access to
authorized personnel who also have a need-to-know for the performance
of their official duties; using locks, alarm devices, and passwords;
and encrypting data communications. Strict control measures are
enforced to ensure that access to classified and/or sensitive
information in these records is also based on need to know. Electronic
access is limited by computer security measures that are strictly
enforced. TSA file areas are locked after normal duty hours and the
facilities are protected from the outside by security personnel.
Retention and disposal:
National Archives and Records Administration approval is pending
for the records in this system. Paper records and information stored on
electronic storage media are maintained within TSA for five years and
then forwarded to Federal Records Center. Records are destroyed after
ten years.
System Manager and address:
Information Systems Program Manager, Office of the Chief Counsel,
TSA Headquarters, West Tower, 8th Floor, TSA-2, 601 S. 12th Street,
Arlington, VA 20598.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
the
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notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, DHS/TSA will consider
individual requests to determine whether or not information may be
released. Thus, 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 by
email at [email protected] or by mail at Transportation Security
Administration, TSA-20, FOIA Office, 601 S. 12th Street, Arlington, VA
20598. 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 and Chief Freedom of
Information Act 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 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/foia or 1-866-431-0486. In addition, you should:
Explain 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; and
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 the above 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:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained from the alleged violator, TSA employees or
contractors, witnesses to the alleged violation or events surrounding
the alleged violation, other third parties who provided information
regarding the alleged violation, State and local agencies, and other
Federal agencies.
Exemptions claimed for the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2). Portions of the system pertaining to investigations or
prosecutions of violations of criminal law are exempt under 5 U.S.C.
552a(j)(2). These exemptions are reflected in the final rule published
on August 4, 2006 in 71 FR 44223.
Dated: November 21, 2013.
Karen L. Neuman
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2013-29353 Filed 12-6-13; 8:45 am]
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