[Federal Register Volume 79, Number 230 (Monday, December 1, 2014)]
[Notices]
[Pages 71112-71117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28168]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2014-0074]
Privacy Act of 1974; Department of Homeland Security U.S.
Immigration and Customs Enforcement-005 Trade Transparency Analysis and
Research (TTAR) System of Records
AGENCY: Privacy Office, Department of Homeland Security.
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 update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/Immigration and Customs Enforcement-005 Trade Transparency
Analysis and Research (TTAR) System of Records.'' This system of
records is being modified to (1) update existing and include new
categories of individuals, (2) clarify existing and include new
categories of records, (3) reflect a proposed change to the retention
period of the system's data, and (4) update the description of the
record sources. In addition, the Department is notifying the public of
changes triggered by the replacement of the TTAR SORN's associated IT
system, the Data Analysis and Research for Trade Transparency System
(DARTTS), with FALCON-DARTTS, which replicates the functionality of and
serves the same user groups as legacy DARTTS. The TTAR SORN is also
being updated to expand coverage to a new IT system called FALCON-
Roadrunner. The FALCON-DARTTS and FALCON-Roadrunner Privacy Impact
Assessments are posted on the Department privacy Web site (see
www.dhs.gov/privacy). The exemptions for the existing system of records
notice will continue to be applicable for this system of records
notice. This updated system will be included in the Department of
Homeland Security's inventory of record systems.
DATES: Submit comments on or before December 31, 2014. This updated
system will be effective December 31, 2014.
ADDRESSES: You may submit comments, identified by docket number DHS-
2014-0074 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 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:
Lyn Rahilly, Privacy Officer, U.S. Immigration and Customs Enforcement,
500 12th Street SW., Mail Stop 5004, Washington, DC 20536, phone: 202-
732-3300, email: [email protected]. For privacy questions, please
contact: Karen Neuman, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528, phone: 202-343-
1717.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) U.S. Immigration and Customs
Enforcement (ICE) proposes to update and reissue a current DHS system
of records titled ``DHS/ICE-005 Trade Transparency Analysis and
Research (TTAR) System of Records.'' This system allows ICE Homeland
Security Investigations (HSI) to collect and maintain records for the
purpose of enforcing criminal and civil laws pertaining to customs
violations, including trade-based money laundering. With this update,
ICE is notifying the public of changes triggered by the replacement of
the TTAR SORN's
[[Page 71113]]
associated IT system, the Data Analysis and Research for Trade
Transparency System (DARTTS), with FALCON-DARTTS, which replicates the
functionality of and serves the same user groups as legacy DARTTS. The
TTAR SORN is also being updated to expand coverage to a new ICE IT
system, FALCON-Roadrunner.
The FALCON Environment
In 2012, HSI created a new IT environment called ``FALCON'' to
support its law enforcement and criminal investigative mission. The
FALCON environment is designed to permit ICE law enforcement and
homeland security personnel to search and analyze data ingested from
other government applications and systems, with appropriate user access
restrictions at the data element level and robust user auditing
controls. FALCON modules, such as FALCON-DARTTS and FALCON-Roadrunner,
have been deployed in support of discrete HSI mission areas and work
units.
Data analyzed by the FALCON modules is aggregated and stored in the
FALCON general data storage environment. The data stored in this
environment is ingested on a routine or ad hoc basis from other
existing sources and is structured and optimized for use with the
analytical tools in FALCON-DARTTS, FALCON-Roadrunner, and the other
FALCON modules. For more information on the FALCON environment, please
see the FALCON-Search and Analysis PIA at www.dhs.gov/privacy.
FALCON-DARTTS
As described above, in January 2014, ICE migrated the DARTTS system
to the HSI FALCON environment and launched FALCON-DARTTS. FALCON-DARTTS
replicates the functionality of and serves the same user groups as the
legacy DARTTS system. The purpose of FALCON-DARTTS is to allow HSI
investigators to generate leads for, and otherwise support,
investigations of trade-based money laundering, smuggling, commercial
fraud, and other crimes within the jurisdiction of HSI. FALCON-DARTTS
analyzes trade and financial data to identify statistically anomalous
transactions that may warrant investigation. These anomalies are then
independently confirmed and further investigated by HSI investigators.
With the deployment of FALCON-DARTTS, the legacy DARTTS system (which
included a component called ``Foreign DARTTS'' used by HSI's foreign
law enforcement and customs partners) was retired.
ICE published a new PIA for FALCON-DARTTS on January 16, 2014, to
address the migration from legacy DARTTS and to notify the public of
several new system features, including (1) additional datasets and
records and (2) an updated way in which datasets are physically
separated. First, ICE has added to FALCON-DARTTS new financial data as
well as records manually uploaded on an ad hoc basis, which may include
financial records, business records, trade transaction records, and
transportation records.
Second, financial and law enforcement datasets analyzed by FALCON-
DARTTS are maintained in the FALCON general data storage environment.
In this environment, the data is aggregated with other FALCON data, and
user access is controlled through a combination of data tagging, access
control lists, and other technologies. Trade data (i.e., data relating
to the importation and exportation of merchandise) is maintained
separately in the FALCON-DARTTS trade data subsystem, which is
physically and logically separate from the FALCON general data storage
environment and contains different user access requirements, including
requirements that export data only be used for enforcement actions
involving cargo safety and security or to prevent smuggling, than the
overarching FALCON-SA data storage environment. All FALCON-DARTTS
users, including select foreign law enforcement and customs officials
who have access to the system, access trade data through the trade data
subsystem. The PIA for FALCON-DARTTS is available at www.dhs.gov/privacy.
FALCON-Roadrunner
FALCON-Roadrunner is a new system that analyzes export and
financial data across large, disparate trade, financial, law
enforcement, and other commercially- and publicly-available datasets.
The system creates and automatically applies repeatable, analytical
queries and processes to determine non-obvious, anomalous behaviors,
patterns, and relationships within and across the large-scale datasets.
These anomalies, patterns, and relationships provide leads that may
warrant investigation for violation of U.S. export laws and
regulations. Once identified, anomalies are then independently
confirmed and further investigated by HSI investigators.
FALCON-Roadrunner also supports HSI by providing export
enforcement-related statistical reporting capabilities, derived from
trade and financial data. These statistical functions discern,
describe, and document trends within the datasets associated with
proliferation, export licensing, and other export enforcement trends in
order to inform ICE decision makers. The PIA for FALCON-Roadrunner is
being published concurrently with this update to the DHS/ICE-005 TTAR
System of Records and is available at www.dhs.gov/privacy.
Changes to Categories of Individuals, Categories of Records, Retention,
and Record Sources
With the migration of DARTTS to FALCON-DARTTS and the deployment of
FALCON-Roadrunner, the TTAR system of records is being modified to (1)
update existing and include new categories of individuals; (2) clarify
existing and include new categories of records; (3) reflect a proposed
change to the retention period of the data; and (4) update the
description of the record sources.
Existing categories of individuals in the DHS/ICE-005 TTAR SORN
have been updated to include additional individuals. Individuals whose
financial records have been lawfully obtained by law enforcement
agencies during official investigations, legal processes, and/or legal
settlements have been added to category (2) below; individuals
identified on other denied parties or screening lists have been added
to category (3) below; and individuals identified in TECS investigative
records have been added to category (4) below. In addition, a new
category of individuals has been added to cover applicants for U.S.
visas and other individuals identified on visa applications.
Existing categories of records have been updated to clarify and
simplify the description of records. Previously categorized as
``customs, trade, and financial data,'' these records are now described
separately as ``trade data'' and ``financial data.'' In addition, new
law enforcement records have been added, including TECS investigative
records, visa security information, and trade-based and financial
sanction screening lists.
The retention period for data maintained under the TTAR system of
records is also being updated. Previously, data was maintained in the
legacy DARTTS system for five years, archived for an additional five
years, and then deleted. ICE intends to request National Archives and
Records Administration (NARA) approval to retire the legacy DARTTS
retention schedule. Datasets analyzed by FALCON-DARTTS and FALCON-
Roadrunner will be incorporated into
[[Page 71114]]
the forthcoming retention schedule for the FALCON environment. ICE is
proposing to retain datasets used in support of FALCON-DARTTS and
FALCON-Roadrunner for ten years. Some of the data analyzed by FALCON-
DARTTS and FALCON-Roadrunner is already maintained in the FALCON
environment and subject to a proposed retention period there; however,
FALCON-DARTTS and FALCON-Roadrunner will only access these existing
datasets for ten years.
Lastly, new records sources have been added as a result of the new
datasets covered by this system of records. New data sources added to
this system of records includes additional federal, state, and local
government agencies; companies; and commercially and publicly available
datasets.
Consistent with DHS's information sharing mission, information
stored in the DHS/ICE-005 TTAR System of Records 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, DHS/
ICE may share information 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.
The exemptions for the existing system of records notice will
continue to be applicable for this system of records notice. This
updated system will be included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the 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 from 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 when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the amended DHS/ICE-005 Trade
Transparency Analysis and Research 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.
System of Records:
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement (ICE)-005.
System name:
DHS/ICE-005 Trade Transparency Analysis and Research (TTAR).
Security classification:
Sensitive But Unclassified, Law Enforcement Sensitive.
System location:
Records are maintained in FALCON-DARTTS and FALCON-Roadrunner,
which are IT systems owned and operated by ICE and maintained in a DHS
data center. FALCON-DARTTS and FALCON-Roadrunner are accessed through
the ICE Network.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
(1) Individuals who, as importers, exporters, shippers,
transporters, customs brokers, owners, purchasers, consignees, or
agents thereof, participate in the import or export of goods to or from
the United States or to or from nations with which the United States
has entered an agreement to share trade information;
(2) Individuals who participate in financial transactions that are
reported under the Bank Secrecy Act, or that are obtained by law
enforcement agencies during official investigations, legal processes,
or legal settlements;
(3) Specially Designated Nationals as defined by 31 CFR 500.306 and
individuals identified on other denied parties or screening lists;
(4) Individuals identified in TECS subject records and
investigative records created by ICE and U.S. Customs and Border
Protection (CBP), including violators or suspected violators of laws
enforced or administered by ICE and CBP; witnesses associated with ICE
and CBP enforcement actions; persons who own or operate businesses,
property, vehicles or other property that is in a TECS subject record;
and individuals applying for a license issued by DHS or for which DHS
conducts a background investigation in support of the licensing agency;
and
(5) U.S. visa applicants and other individuals who are identified
on the visa application (e.g., the applicant's spouse, individuals
traveling with the applicant, application preparer's name, applicant's
point of contact in the United States).
Categories of records in the system:
Categories of records in this system include:
(1) Biographic and other identifying information, including names;
dates of birth; places of birth; Social Security numbers (SSN); Tax
Identification Numbers (TIN); Exporter Identification Numbers (EINs);
passport information (number and country of issuance); citizenship;
nationality; location and contact information (e.g., home, business,
and email addresses and telephone numbers); and other identification
numbers (e.g., Alien Registration Number, driver's license number).
(2) Trade data, including trade identifier numbers (e.g., for
manufacturers importers, exporters, and customs brokers) and bill of
lading data (e.g., consignee names and addresses, shipper names and
addresses, container numbers, carriers).
(3) Financial data, including data reported pursuant to the Bank
Secrecy Act (e.g., certain transactions over $10,000) and other
financial data obtained via official investigations, legal processes,
or legal settlements. Financial data includes, but is not limited to,
bank account numbers, transaction numbers, and descriptions or value of
financial transactions.
(4) Licensing information related to applications by individuals or
businesses to hold or retain a customs broker's license, or operate a
customs-bonded warehouse, or be a bonded carrier or bonded cartman.
(5) Law enforcement records, including TECS subject records and
investigative records related to an ICE or CBP law enforcement matter,
information obtained from the U.S. Department of Treasury's Specially
Designated Nationals List, visa security information, and other trade-
based and financial sanction screening lists. Law enforcement data
includes, but is not limited to, names; aliases; business names;
addresses; dates of birth; places of birth; citizenship; nationality;
passport information; SSNs; TINs; driver's license numbers; and
vehicle, vessel, and aircraft information.
(6) Other financial records, business records, trade transaction
records, and transportation records associated with official law
enforcement purposes.
[[Page 71115]]
Authority for maintenance of the system:
ICE is authorized to collect this information pursuant to 6 U.S.C.
236; 19 U.S.C. 1589a; the Trade Act of 2002 Sec. 343 (Note to 19
U.S.C. 2071); 19 U.S.C. 1484; 50 U.S.C. app. Sec. 2411; 19 CFR 161.2
and 192.14; and, 31 U.S.C. 5316 and 31 CFR 1010.340. HSI has the
jurisdiction and authority to investigate violations involving the
importation and exportation of merchandise into or out of the United
States. Information analyzed by FALCON-DARTTS, supports, among other
things, HSI's investigations into smuggling violations under 18 U.S.C.
541, 542, 545, and 554; financial crimes investigations under 18 U.S.C.
1956, 1957, and 1960 and the Bank Secrecy Act; and merchandise imported
in non-compliance with 19 U.S.C. 1481 and 1484. Information analyzed by
FALCON-Roadrunner supports, among other things, HSI's investigations
into export violations--particularly those involving violations under
22 U.S.C. 2778 and 50 U.S.C. 1705.
Purpose(s):
The purpose of this system is to support:
(1) The enforcement of criminal and civil laws pertaining to trade,
financial crimes, smuggling, and fraud, and the collection of all
lawfully owned revenue from trade activities, specifically through the
analysis of raw financial and trade data in order to identify potential
violations of U.S. criminal and civil laws pertaining to export
violations, cargo safety and security, smuggling, and related
violations--including financial crimes and trade-based money
laundering;
(2) Existing criminal law enforcement investigations into related
criminal activities and civil enforcement actions to recover revenue
and assess fines and penalties;
(3) The sharing of data and analytical capabilities with foreign
customs and law enforcement partners to further collaboration and
cooperation between HSI and such officials as well as to support those
officials' abilities to engage in enforcement activities involving
cargo safety and security, smuggling, and related violations--including
financial crimes and trade-based money laundering;
(4) The cooperation and collaboration between the United States and
foreign government partners on investigations into transnational
activities that violate criminal and civil laws pertaining to trade,
financial activities, smuggling, and fraud; and
(5) The identification of 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 (DOJ), including Offices of the
U.S. Attorneys 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 when DOJ or
DHS has agreed to represent the employee; or
(4) The U.S. 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. 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 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 the 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'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,
interns, trainees, students, 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 federal, state, local, tribal, territorial, or foreign
government agencies, as well as to other individuals and organizations
during the course of an investigation by DHS or the processing of a
matter under DHS's jurisdiction, or during a proceeding within the
purview of the immigration and nationality laws, when DHS deems that
such disclosure is necessary to carry out its functions and statutory
mandates or to elicit information required by DHS to carry out its
functions and statutory mandates.
H. To federal, state, local, tribal, territorial, or foreign
government 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 when DHS determines that the information would assist in the
enforcement of civil, criminal, or regulatory laws.
I. To federal, state, local, tribal, or territorial government
agencies, or other entities or individuals, or through established
liaison channels to selected foreign governments, in order to provide
intelligence, counterintelligence, or other information for the
purposes of national security, intelligence, counterintelligence, or
antiterrorism activities authorized by U.S. law, Executive Order, or
other applicable national security directive.
J. To federal, state, local, tribal, territorial, or foreign
government agencies or organizations, or international organizations,
lawfully engaged in collecting law enforcement intelligence, whether
civil or criminal, to enable these entities to carry out their law
enforcement responsibilities, including the collection of law
enforcement intelligence.
K. To international, foreign, intergovernmental, and multinational
government agencies, authorities, and organizations in accordance with
law
[[Page 71116]]
and formal or informal international arrangements.
L. To federal and foreign government intelligence or
counterterrorism agencies or components when DHS becomes aware of an
indication of a threat or potential threat to national or international
security, or when such disclosure is to support the conduct of national
intelligence and security investigations or assist in antiterrorism
efforts.
M. To federal, state, local, tribal, territorial, international, or
foreign government agencies or multinational governmental organizations
when DHS desires to exchange relevant data for the purpose of
developing, testing, or implementing new software or technology whose
purpose is related to the purpose of this system of records.
N. To courts, magistrates, administrative tribunals, opposing
counsel, parties, and witnesses, in the course of immigration, civil,
or criminal proceedings (including discovery, presentation of evidence,
and settlement negotiations) before a court or adjudicative body when
any of the following is a party to or have an interest in the
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 when the
government has agreed to represent the employee; or
(4) the United States, when DHS determines that litigation is
likely to affect DHS or any of its components; and when DHS determines
that use of such records is relevant and necessary to the litigation
and is compatible with the purposes for which the records were
collected.
O. To prospective claimants and their attorneys for the purpose of
negotiating the settlement of an actual or prospective claim against
DHS or its current or former employees, in advance of the initiation of
formal litigation or proceedings.
P. To federal, state, local, tribal, territorial, international, or
foreign government agencies or entities for the purpose of consulting
with those agencies or entities:
(1) To assist in making a determination regarding redress for an
individual in connection with the operations of a DHS component or
program;
(2) to verify the identity of an individual seeking redress in
connection with the operations of a DHS component or program; or
(3) to verify the accuracy of information submitted by an
individual who has requested redress on behalf of another individual.
Q. To a former employee of DHS for the purpose of responding to an
official inquiry by federal, state, local, tribal, or territorial
government agencies or professional licensing authorities; or
facilitating communications with a former employee that may be
necessary for personnel-related matters or other official purposes when
DHS requires information or consultation assistance from the former
employee regarding a matter within that person's former area of
responsibility.
R. 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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines 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 any of the personal identifiers stored
in the system including name, business address, home address, importer
ID, exporter ID, broker ID, manufacturer ID, Social Security number,
trade and tax identifying numbers, passport number, or account number.
Records may also be retrieved by non-personal information such as
transaction date, entity or institution name, description of goods,
value of transactions, and other information.
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.
Retention and disposal:
ICE is proposing to retain FALCON-DARTTS and FALCON-Roadrunner
datasets for ten years. Some of the law enforcement data analyzed by
FALCON-DARTTS and FALCON-Roadrunner is already maintained in the FALCON
environment and subject to a proposed retention period there; however,
FALCON-DARTTS and FALCON-Roadrunner will only access these existing
datasets for ten years.
System Manager and address:
FALCON-DARTTS: Unit Chief, Trade Transparency Unit, ICE Homeland
Security Investigations, 500 12th Street SW., Mail Stop 5103,
Washington, DC 20536.
FALCON-Roadrunner: Deputy Assistant Director, Counter-Proliferation
Investigations Program, ICE Homeland Security Investigations, 500 12th
Street SW., Mail Stop 5109, Washington, DC 20536.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
notification, access, and amendment because of the law enforcement
nature of the information. These exemptions also apply to the extent
that information in this system of records is recompiled or is created
from information contained in other systems of records. To the extent
that a record is exempted in a source system, the exemption will
continue to apply. However, ICE will review requests on a case by case
to determine if release of the information is appropriate. After
conferring with the appropriate component or agency, as applicable, DHS
may waive applicable exemptions in appropriate circumstances and when
it would not appear to interfere with or adversely affect the law
enforcement purposes of the systems from which the information is
recompiled or in which it is contained. Additionally, ICE and DHS are
not exempting any records that were ingested or indexed by TTAR when
the source system of records already provides access and/or amendment
under the Privacy Act. Individuals seeking notification of and access
to any record contained in this system of records, or seeking to
contest its
[[Page 71117]]
content, may submit a request in writing to the ICE Freedom of
Information Act 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
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 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:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Records are obtained from U.S. Customs and Border Protection; U.S.
Department of Commerce; U.S. Department of the Treasury; U.S.
Department of State; other federal, state, and local law enforcement
agencies; foreign governments pursuant to international agreements or
arrangements; international entities; financial institutions;
transportation companies; manufacturers; customs brokers; free trade
zones; port authorities; and commercially and publicly available data
sources.
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted portions of this
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: November 12, 2014.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2014-28168 Filed 11-28-14; 8:45 am]
BILLING CODE 9111-28-P