[Federal Register Volume 81, Number 117 (Friday, June 17, 2016)]
[Notices]
[Pages 39680-39686]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14422]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2016-0029]
Privacy Act of 1974; Department of Homeland Security, U.S.
Customs and Border Protection-009 Electronic System for Travel
Authorization System of Records
AGENCY: Department of Homeland Security, Privacy Office.
ACTION: Notice of Privacy Act System of Records.
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SUMMARY: In accordance with the Privacy Act of 1974 (Privacy Act), the
Department of Homeland Security (DHS) proposes to update and reissue
the DHS system of records titled, ``DHS/U.S. Customs and Border
Protection (CBP)-009 Electronic System for Travel Authorization (ESTA)
System of Records.'' This system of records allows
[[Page 39681]]
DHS/CBP to collect and maintain records on nonimmigrant aliens seeking
to travel to the United States under the Visa Waiver Program and other
persons, including U.S. citizens and lawful permanent residents, whose
names are provided to DHS as part of a nonimmigrant alien's ESTA
application. The system is used to determine whether an applicant is
eligible to travel to and enter the United States under the Visa Waiver
Program (VWP) by vetting his or her ESTA application information
against selected security and law enforcement databases at DHS,
including but not limited to TECS (not an acronym) and the Automated
Targeting System (ATS). In addition, ATS retains a copy of ESTA
application data to identify ESTA applicants who may pose a security
risk to the United States. The ATS maintains copies of key elements of
certain databases in order to minimize the impact of processing
searches on the operational systems and to act as a backup for certain
operational systems. DHS may also vet ESTA application information
against security and law enforcement databases at other Federal
agencies to enhance DHS's ability to determine whether the applicant
poses a security risk to the United States and is eligible to travel to
and enter the United States under the VWP. The results of this vetting
may inform DHS's assessment of whether the applicant's travel poses a
law enforcement or security risk and whether the application should be
approved.
DHS/CBP is updating this system of records notice, last published
on February 23, 2016 (81 FR 8979), to modify the scope of the system of
records to reflect that the Secretary of Homeland Security is adding
Somalia, Libya, and Yemen to the list of countries of concern for
heightened ESTA enhancement questions. DHS/CBP is also updating the
categories of records to include these new countries of concerns to the
ESTA enhancement questions and an additional data element, the
including Global Entry Program Number, to assist DHS/CBP in determining
eligibility to travel under the VWP.
DHS/CBP issued a Final Rule to exempt this system of records from
certain provisions of the Privacy Act on August 31, 2009 (74 FR 45070).
These regulations remain in effect.
DATES: This updated system will be effective June 16, 2016. Although
this system is effective June 17, 2016, DHS will accept and consider
comments from the public and evaluate the need for any revisions to
this notice.
ADDRESSES: You may submit comments, identified by docket number DHS-
2016-0029 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 20528-0655.
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, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
John Connors, (202) 344-1610, CBP Privacy Officer, Privacy and
Diversity Office, 1300 Pennsylvania Ave. NW., Washington, DC 20229. For
privacy questions, please contact: Karen L. Neuman, (202) 343-1717,
Chief Privacy Officer, Privacy Office, Department of Homeland Security,
Washington, DC 20528-0655.
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. Customs and Border
Protection (CBP) is updating and reissuing a current DHS system of
records titled, ``DHS/CBP-009 Electronic System for Travel
Authorization (ESTA) System of Records.''
In the wake of September 11, 2001, Congress enacted the
Implementing Recommendations of the 9/11 Commission Act of 2007, Public
Law 110-53. sec. 711 of that Act sought to address the security
vulnerabilities associated with Visa Waiver Program (VWP) travelers not
being subject to the same degree of screening as other international
visitors. As a result, sec. 711 required DHS to develop and implement a
fully automated electronic travel authorization system to collect
biographical and other information necessary to evaluate the security
risks and eligibility of an applicant to travel to the United States
under the VWP. The VWP is a travel facilitation program that has
evolved to include more robust security standards that are designed to
prevent terrorists and other criminal actors from exploiting the
program to enter the country.
The Electronic System for Travel Authorization (ESTA) is a web-
based system that DHS/CBP developed in 2008 to determine the
eligibility of foreign nationals to travel by air or sea to the United
States under the VWP. Using the ESTA Web site, applicants submit
biographic information and answer questions that permit DHS to
determine eligibility for travel under the VWP. DHS/CBP uses the
information submitted to ESTA to make a determination regarding whether
the applicant is eligible to travel under the VWP, including whether
his or her intended travel poses a law enforcement or security risk.
DHS/CBP vets the ESTA applicant information against selected security
and law enforcement databases, including TECS (DHS/CBP-011 U.S. Customs
and Border Protection TECS, 73 FR 77778 (December 19, 2008)) and ATS
(DHS/CBP-006 Automated Targeting System, 77 FR 30297 (May 22, 2012)).
The ATS also retains a copy of the ESTA application data to
identify ESTA applicants who may pose a security risk to the United
States. The ATS maintains copies of key elements of certain databases
in order to minimize the impact of processing searches on the
operational systems and to act as a backup for certain operational
systems. DHS may also vet ESTA application information against security
and law enforcement databases at other Federal agencies to enhance
DHS's ability to determine whether the applicant poses a security risk
to the United States or is otherwise eligible to travel to and enter
the United States under the VWP. The results of this vetting may inform
DHS's assessment of whether the applicant's travel poses a law
enforcement or security risk. The ESTA eligibility determination is
made prior to a visitor boarding a carrier en route to the United
States.
DHS/CBP is updating this system of records notice, last published
on February 17, 2016 (81 FR 8979), to modify the scope of the system of
records to reflect that the Secretary of Homeland Security is adding
Somalia, Libya, and Yemen to the list of countries of concern subject
to the travel-related restriction provided in the Visa Waiver Program
Improvement and Terrorist Travel Prevention Act of 2015 to receive
heightened ESTA enhancement questions. DHS/CBP is also updating the
categories of records to include these new countries of concerns to the
ESTA enhancement questions and an additional data element, the
including Global Entry Program Number, to assist DHS/CBP in determining
eligibility to travel under the VWP.
[[Page 39682]]
On December 18, 2015, the President signed into law the Visa Waiver
Program Improvement and Terrorist Travel Prevention Act of 2015 as part
of the Consolidated Appropriations Act of 2016. To meet the
requirements of this new law, DHS strengthened the security of the VWP
through enhancements to the ESTA application and to the Nonimmigrant
Visa Waiver Arrival/Departure Record Form (Form I-94W). The Act
generally makes certain nationals of VWP countries ineligible (with
some exceptions) from traveling to the United States under the VWP if
the applicant is also a national of, or at any time on or after March
1, 2011 has been present in, Iraq, Syria, a designated state sponsor of
terrorism (currently Iran, Sudan, and Syria),\1\ or any other country
or area of concern as designated by the Secretary of Homeland
Security.\2\ DHS is updating this SORN to reflect that the Secretary of
Homeland Security is adding, with respect to the travel-related
restriction only, Somalia, Libya, and Yemen to the list of countries of
concern to receive the heightened ESTA enhancement questions. The
designation of Somalia, Libya, and Yemen as additional countries of
concern will not affect the VWP eligibility of dual-nationals of those
countries.
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\1\ Countries determined by the Secretary of State to have
repeatedly provided support for acts of international terrorism are
generally designated pursuant to three laws: sec. 6(j) of the Export
Administration Act of 1979 (50 U.S.C. 2405); sec. 40 of the Arms
Export Control Act (22 U.S.C. 2780); and sec. 620A of the Foreign
Assistance Act of 1961 (22 U.S.C. 2371).
\2\ The Act establishes exceptions to the bar for travel to
Iraq, Syria, Iran, and Sudan since March 1, 2011, for individuals
determined by the Secretary of Homeland Security to have been
present in these countries, ``(i) in order to perform military
service in the armed forces of a [VWP] program country; or (ii) in
order to carry out official duties as a full time employee of the
government of a [VWP] program country.'' 8 U.S.C. 1187(a)(12)(B).
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In addition, due to the ongoing national security concerns
surrounding foreign fighters exploiting the VWP, DHS/CBP is also
updating the categories of records to include an additional data
element, the Global Entry Program Number, to assist DHS/CBP in
determining eligibility to travel under the VWP. If an ESTA applicant
has already been approved for travel under the Global Entry program,
DHS has previously determined that the applicant is a low-risk
traveler. This previous assessment and continued vetting under the
Global Entry Program will provide CBP with valuable information when
considering an applicant's ESTA application, including allowing CBP to
make better informed determinations when assessing whether an applicant
presents a security risk, and when considering an applicant's
eligibility for a waiver of VWP ineligibility.
Consistent with DHS's information sharing mission, information
stored in the ``DHS/CBP-009 Electronic System for Travel Authorization
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/CBP may share information stored in ESTA
with other Federal security and counterterrorism agencies, as well as
on a case-by-case basis to appropriate State, local, tribal,
territorial, foreign, or international government agencies. This
external sharing takes place after DHS determines that it is consistent
with the routine uses set forth in this system of records notice.
Additionally, for ongoing, systematic sharing, DHS completes an
information sharing and access agreement with partners to establish the
terms and conditions of the sharing, including documenting the need to
know, authorized users and uses, and the privacy protections for the
data.
DHS previously issued a Final Rule to exempt this system of records
from certain provisions of the Privacy Act on August 31, 2009 (74 FR
45070). These regulations remain in effect. 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 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.
Given the importance of providing privacy protections to
international travelers, and because the ESTA application has generally
solicited contact information about U.S. persons, DHS always
administratively applied the privacy protections and safeguards of the
Privacy Act to all international travelers subject to ESTA. The ESTA
falls within the mixed system policy and DHS will continue to extend
the administrative protections of the Privacy Act to information about
travelers and non-travelers whose information is provided to DHS as
part of the ESTA application.
Below is the description of the DHS/U.S. Customs and Border
Protection-009 Electronic System for Travel Authorization System of
Records System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records:
Department of Homeland Security (DHS)/U.S. Customs and Border
Protection (CBP)-009.
System name:
DHS/CBP-009 Electronic System for Travel Authorization System
(ESTA).
Security classification:
Unclassified. The data may be retained on classified networks but
this does not change the nature and character of the data until it is
combined with classified information.
System location:
DHS/CBP maintains records at the CBP Headquarters in Washington, DC
and field offices. Records are replicated from the operational system
and maintained on the DHS unclassified and classified networks.
Categories of individuals covered by the system:
Categories of individuals covered by this system include:
1. Persons who seek to enter the United States by air or sea under
the VWP; and,
2. Persons, including U.S. Citizens and lawful permanent residents,
whose information is provided in response to ESTA application
questions.
Categories of records in the system:
Visa Waiver Program travelers may seek the required travel
authorization by electronically submitting an application consisting of
biographical and other data elements via the ESTA Web site. The
categories of records in ESTA include:
Full name (first, middle, and last);
Other names or aliases, if available;
Date of birth;
[[Page 39683]]
City and country of birth;
Gender;
Email address;
Telephone number (home, mobile, work, other);
Home address (address, apartment number, city, state/
region);
Internet protocol (IP) address;
ESTA application number;
Global Entry Program Number;
Country of residence;
Passport number;
Passport issuing country;
Passport issuance date;
Passport expiration date;
Department of Treasury Pay.gov payment tracking number
(i.e., confirmation of payment; absence of payment confirmation will
result in a ``not cleared'' determination);
Country of citizenship;
Other citizenship (country, passport number);
National identification number, if available;
Address while visiting the United States (number, street,
city, state);
Emergency point of contact information (name, telephone
number, email address);
U.S. Point of Contact (name, address, telephone number);
Parents' names;
Current job title;
Current or previous employer name;
Current or previous employer street address; and
Current or previous employer telephone number.
The categories of records in ESTA also include responses to the
following questions:
Do you have a physical or mental disorder, or are you a
drug abuser or addict,\3\ or do you currently have any of the following
diseases (communicable diseases are specified pursuant to sec. 361(b)
of the Public Health Service Act):
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\3\ Immigration and Nationality Act 212(a)(1)(A). Pursuant to 8
U.S.C. 1182(a), aliens may be inadmissible to the United States if
they have a physical or mental disorder and behavior associated with
the disorder that may pose, or has posed, a threat to the property,
safety, or welfare of the alien or others, or (ii) to have had a
physical or mental disorder and a history of behavior associated
with the disorder, which behavior has posed a threat to the
property, safety, or welfare of the alien or others and which
behavior is likely to recur or to lead to other harmful behavior, or
are determined (in accordance with regulations prescribed by the
Secretary of Health and Human Services) to be a drug abuser or
addict.
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[cir] Cholera
[cir] Diphtheria
[cir] Tuberculosis, infection
[cir] Plague
[cir] Smallpox
[cir] Yellow Fever
[cir] Viral Hemorrhagic Fevers, including Ebola, Lassa, Marburg,
Crimean-Congo
[cir] Severe acute respiratory illnesses capable of transmission to
other persons and likely to cause mortality.
Have you ever been arrested or convicted for a crime that
resulted in serious damage to property, or serious harm to another
person or government authority?
Have you ever violated any law related to possessing,
using, or distributing illegal drugs?
Do you seek to engage in or have you ever engaged in
terrorist activities, espionage, sabotage, or genocide?
Have you ever committed fraud or misrepresented yourself
or others to obtain, or assist others to obtain, a visa or entry into
the United States?
Are you currently seeking employment in the United States
or were you previously employed in the United States without prior
permission from the U.S. government?
Have you ever been denied a U.S. visa you applied for with
your current or previous passport, or have you ever been refused
admission to the United States or withdrawn your application for
admission at a U.S. port of entry? If yes, when and where?
Have you ever stayed in the United States longer than the
admission period granted to you by the U.S. government?
Have you traveled to, or been present in, Iraq, Syria,
Iran, Sudan, Somalia, Libya, or Yemen on or after March 1, 2011? If
yes, provide the country, date(s) of travel, and reason for travel.
Depending on the purpose of travel to these countries, additional
responses may be required including:
[cir] Previous countries of travel;
[cir] Dates of previous travel;
[cir] Countries of previous citizenship;
[cir] Other current or previous passports;
[cir] Visa numbers;
[cir] Laissez-Passer numbers;
[cir] Identity card numbers;
[cir] Organization, company, or entity on behalf of which you
traveled;
[cir] Official position/title with the organization, company, or
entity behalf of which you traveled;
[cir] Contact information for organization, company, or entity on
behalf of which you traveled;
[cir] Iraqi, Syrian, Iranian, Sudanese, Somali, Libyan, or Yemeni
Visa Number;
[cir] I-Visa, G-Visa, or A-Visa number, if issued by a U.S. Embassy
or Consulate;
[cir] All organizations, companies, or entities with which you had
business dealings, or humanitarian contact;
[cir] Grant number, if applicant's organization has received U.S.
government funding for humanitarian assistance within the last five
years;
[cir] Additional passport information (if issued a passport or
national identity card for travel by any other country), including
country, expiration year, and passport or identification card number;
[cir] Any other information provided voluntarily in open, write-in
fields provided to the ESTA applicant.
Have you ever been a citizen or national of any other
country? If yes, other countries of previous citizenship or
nationality? If Iraq, Syria, Iran, Sudan, Somalia, Libya, or Yemen are
selected, follow-up questions are asked regarding status of current
citizenship including dual-citizenship information, and how citizenship
was acquired.
Applicants who identify Iraq, Syria, Iran, Sudan, Somalia, Libya,
or Yemen as their Country of Birth on ESTA will be directed to follow-
up questions to determine whether they currently are a national or dual
national of their country of birth.
Authority for maintenance of the system:
Title IV of the Homeland Security Act of 2002, 6 U.S.C. 201 et
seq., the Immigration and Naturalization Act, as amended, including 8
U.S.C. 1187(a)(11) and (h)(3), and implementing regulations contained
in part 217, title 8, Code of Federal Regulations; the Travel Promotion
Act of 2009, Public Law 111-145, 22 U.S.C. 2131.
Purpose(s):
The purpose of this system is to collect and maintain a record of
persons who want to travel to the United States under the VWP, and to
determine whether applicants are eligible to travel to and enter the
United States under the VWP. The information provided through ESTA is
also vetted--along with other information that the Secretary of
Homeland Security determines is necessary, including information about
other persons included on the ESTA application--against various
security and law enforcement databases to identify those applicants who
pose a security risk to the United States. This vetting includes
consideration of the applicant's IP address, and all information
provided in response to the ESTA application questionnaire, including
all free text write-in responses.
The Department of Treasury Pay.gov tracking number (associated with
the payment information provided to Pay.gov and stored in the Credit/
Debit Card Data System, DHS/CBP-003 Credit/Debit Card Data System
(CDCDS) 76 FR 67755 (November 2, 2011)) will be used to process ESTA
and third party administrator fees and to reconcile issues regarding
payment between
[[Page 39684]]
ESTA, CDCDS, and Pay.gov. Payment information will not be used for
vetting purposes and is stored in a separate system (CDCDS) from the
ESTA application data.
DHS maintains a replica of some or all of the data in ESTA on the
unclassified and classified DHS networks to allow for analysis and
vetting consistent with the above stated uses and purposes and this
published notice.
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 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 when 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 (GSA) pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 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's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, when 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 appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital health interests of a data subject
or other persons (e.g., 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
threat or risk).
I. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided disclosure is appropriate in the proper
performance of the official duties of the officer making the
disclosure.
J. To a Federal, State, 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 or program; (2) for the purpose
of verifying the identity of an individual seeking redress in
connection with the 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.
K. 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 to assist in countering such threat, or to assist in anti-
terrorism efforts.
L. 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.
M. To an organization or individual in either the public or private
sector, either foreign or domestic, when 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.
N. To the carrier transporting an individual to the United States,
prior to travel, in response to a request from the carrier, to verify
an individual's travel authorization status.
O. To the Department of Treasury's Pay.gov, for payment processing
and payment reconciliation purposes.
P. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations, in response to a subpoena, or in connection with criminal
law proceedings.
Q. 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.
[[Page 39685]]
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS/CBP stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, and digital media.
Retrievability:
DHS/CBP may retrieve records by any of the data elements supplied
by the applicant.
Safeguards:
DHS/CBP safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS/CBP has imposed strict controls 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:
Application information submitted to ESTA generally expires and is
deemed ``inactive'' two years after the initial submission of
information by the applicant. In the event that a traveler's passport
remains valid for less than two years from the date of the ESTA
approval, the ESTA travel authorization will expire concurrently with
the passport. Information in ESTA will be retained for one year after
the ESTA travel authorization expires. After this period, the inactive
account information will be purged from online access and archived for
12 years. Data linked at any time during the 15-year retention period
(generally 3 years active, 12 years archived), to active law
enforcement lookout records, will be matched by DHS/CBP to enforcement
activities, and/or investigations or cases, including ESTA applications
that are denied authorization to travel, will remain accessible for the
life of the law enforcement activities to which they may become
related. NARA guidelines for retention and archiving of data will apply
to ESTA and DHS/CBP continues to negotiate with NARA for approval of
the ESTA data retention and archiving plan. Records replicated on the
unclassified and classified networks will follow the same retention
schedule. Payment information is not stored in ESTA, but is forwarded
to Pay.gov and stored in DHS/CBP's financial processing system, CDCDS,
pursuant to the DHS/CBP-018, CDCDS system of records notice. When a VWP
traveler's ESTA data is used for purposes of processing his or her
application for admission to the United States, the ESTA data will be
used to create a corresponding admission record in the DHS/CBP-016 Non-
Immigrant Information System (NIIS). This corresponding admission
record will be retained in accordance with the NIIS retention schedule,
which is 75 years.
System Manager and address:
Director, Office of Automated Systems, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue NW., Washington, DC 20229.
Notification procedure:
Applicants may access their ESTA information to view and amend
their applications by providing their ESTA number, birth date, and
passport number. Once they have provided their ESTA number, birth date,
and passport number, applicants may view their ESTA status (authorized
to travel, not authorized to travel, pending) and submit limited
updates to their travel itinerary information. If an applicant does not
know his or her application number, he or she can provide his or her
name, passport number, date of birth, and passport issuing country to
retrieve his or her application number.
In addition, ESTA applicants and other individuals whose
information is included on ESTA applications may submit requests and
receive information maintained in this system as it relates to data
submitted by or on behalf of a person who travels to the United States
and crosses the border, as well as, for ESTA applicants, the resulting
determination (authorized to travel, pending, or not authorized to
travel). However, the Secretary of Homeland Security has exempted
portions of this system from certain provisions of the Privacy Act
related to providing the accounting of disclosures to individuals
because it is a law enforcement system. DHS/CBP will, however, consider
individual requests to determine whether or not information may be
released. In processing requests for access to information in this
system, DHS/CBP will review the records in the operational system and
coordinate with DHS to ensure that records that were replicated on the
unclassified and classified networks, are reviewed and based on this
notice provide appropriate access to the information.
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 Chief Privacy Officer and
Headquarters Freedom of Information Act (FOIA) Officer, whose contact
information can be found at http://www.dhs.gov/foia under ``FOIA
Contact Information.'' 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 FOIA Officer, http://www.dhs.gov/foia or 1-866-431-
0486. In addition, individuals 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.
If your request is seeking records pertaining to another living
individual, you must include a statement from that individual
certifying his or her agreement for you to access his or 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:
DHS/CBP obtains records from information submitted by travelers via
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the online ESTA application at https://esta.cbp.dhs.gov/esta/.
Exemptions claimed for the system:
No exemption shall be asserted with respect to information
maintained in the system as it relates to data submitted by or on
behalf of a person who travels to visit the United States and crosses
the border, nor shall an exemption be asserted with respect to the
resulting determination (authorized to travel, pending, or not
authorized to travel). Information in the system may be shared with law
enforcement and/or intelligence agencies pursuant to the above routine
uses. The Privacy Act requires DHS to maintain an accounting of the
disclosures made pursuant to all routines uses. Disclosing the fact
that a law enforcement or intelligence agency has sought and been
provided particular records may affect ongoing law enforcement
activities. As such, pursuant to 5 U.S.C. 552a(j)(2), DHS will continue
to claim exemption from secs. (c)(3), (e)(8), and (g) of the Privacy
Act of 1974, as amended, as is necessary and appropriate to protect
this information, as described in the previously published Final Rule
to exempt this system of records from certain provisions of the Privacy
Act on August 31, 2009 (74 Fed. Reg. 45070). Further, DHS will claim
exemption from sec. (c)(3) of the Privacy Act of 1974, as amended,
pursuant to 5 U.S.C. 552a(k)(2) as is necessary and appropriate to
protect this information.
Dated: June 10, 2016.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2016-14422 Filed 6-16-16; 8:45 am]
BILLING CODE 4410-10-P