[Federal Register Volume 86, Number 169 (Friday, September 3, 2021)]
[Notices]
[Pages 49553-49556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-18798]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2021-0030]
Privacy Act of 1974; System of Records
AGENCY: Office of the Immigration Detention Ombudsman, U.S. Department
of Homeland Security.
ACTION: Notice of a new system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the U.S.
Department of Homeland Security (DHS) proposes to establish a new DHS
system of records titled, ``DHS/Office of the Immigration Detention
Ombudsman (OIDO)-001 Office of the Immigration Detention Ombudsman
System of Records.'' This system of records allows DHS/OIDO to collect
and maintain records related to cases brought forth by individuals or
investigations regarding potential violations of law, individual
rights, standards of professional conduct, contract terms, or policy
related to immigration detention by any officer or employee of U.S.
Customs and Border Protection (CBP) or U.S. Immigration and Customs
Enforcement (ICE), or any contracted, subcontracted, or cooperating
entity personnel. Additionally, DHS is issuing a Notice of Proposed
Rulemaking to exempt this system of records from certain provisions of
the Privacy Act, elsewhere in the Federal Register. This newly
established system will be included in DHS's inventory of record
systems.
DATES: Submit comments on or before October 4, 2021. This new system
will be effective upon publication. Routine uses will be effective
October 4, 2021.
ADDRESSES: You may submit comments, identified by docket number DHS-
2021-0030 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: Lynn Parker Dupree, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
Instructions: All submissions received must include the agency name
and docket number DHS-2021-0030. 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 and privacy questions,
please contact: Lynn Parker Dupree, (202) 343-1717, [email protected],
Chief Privacy Officer, Privacy Office, U.S. Department of Homeland
Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
The U.S. Department of Homeland Security (DHS) Office of the
Immigration Detention Ombudsman (OIDO) is giving notice that it
proposes to establish a new DHS system of records notice (SORN) titled,
``DHS/OIDO-001 Office of the Immigration Detention Ombudsman System of
Records.'' OIDO is an independent component within DHS tasked with
reviewing and resolving individual complaints and providing independent
oversight of immigration detention facilities, including conducting
announced and unannounced inspections, reviewing contract terms for
immigration detention facilities and services, and making
recommendations and reporting to Congress on findings. OIDO was
established by Congress in Section 106 of the Consolidated
Appropriations Act, 2020 (Pub. L. 116-93, 133 Stat. 2504 (Dec. 20,
2019), as codified by 6 U.S.C. 205, which outlined OIDO's core
responsibilities:
Establish and administer an independent, neutral, and
confidential process to receive, investigate, resolve, and provide
redress, including referral for investigation to the Office of
Inspector General, referral to U.S. Citizenship and Immigration
Services (USCIS) for immigration relief, or any other action determined
appropriate, for cases in which Department officers or other personnel,
or contracted, subcontracted, or cooperating entity personnel, are
found to have engaged in misconduct or violated the rights of
individuals in immigration detention;
Establish an accessible and standardized process regarding
complaints against any officer or employee of U.S. Customs and Border
Protection (CBP) or U.S. Immigration and Customs Enforcement (ICE), or
any contracted, subcontracted, or cooperating entity personnel, for
violations of law, standards of
[[Page 49554]]
professional conduct, contract terms, or policy related to immigration
detention;
Conduct unannounced inspections of detention facilities
holding individuals in federal immigration custody, including those
owned or operated by units of state or local government and privately-
owned or operated facilities;
Review, examine, and make recommendations to address
concerns or violations of contract terms identified in reviews, audits,
investigations, or detainee interviews regarding immigration detention
facilities and services;
Provide assistance to individuals affected by potential
misconduct, excessive force, or violations of law or detention
standards by DHS officers or other personnel, or contracted,
subcontracted, or cooperating entity personnel; and
Ensure that the functions performed by the Ombudsman are
complementary to existing functions within the DHS.
In order to accomplish those responsibilities, OIDO is creating
this system of records to collect and maintain records related to
individual complaints from or about individuals in immigration
detention regarding potential violations of law, individual rights,
standards of professional conduct, contract terms, or policy related to
immigration detention by any officer or employee of CBP or ICE, or any
contracted, subcontracted, or cooperating entity personnel. The DHS/
OIDO system of records covers information that is received by OIDO in
response to individuals submitting a complaint via OIDO's Case Intake
Form. The form is currently paper-based and in the future will be
fillable electronically. This form is not required to submit a case to
OIDO; however, a properly completed form ensures that OIDO receives the
necessary information to assist with a case. OIDO will use and maintain
the data collected within OIDO's case management system to manage,
process, track, and respond to complaints and inform and manage
investigations.
OIDO will use information collected to triage the complaint and
link it with any previous cases related to the same detainee, as well
as for proper consent, jurisdiction, and exigent circumstances. The
information will also be used to verify information about the complaint
in systems maintained by ICE, CBP, and other DHS headquarters offices.
Once assigned for resolution, OIDO will review the data provided,
conduct necessary background research about the complaint, and engage
with DHS components (primarily ICE and CBP) to come to a resolution. To
facilitate the resolution process, information in this system of
records may be shared with DHS components and offices (and occasionally
other Departments involved in the immigration process, including the
Departments of State and Justice) for identification, verification, and
corroboration purposes. OIDO will then communicate the result to the
submitter of the complaint, to the extent the submitter of the
complaint is permitted to receive any of the Privacy Act protected
information that is subject to this SORN or other applicable and
relevant SORNs. As a follow up to complaints and/or areas of concern,
OIDO may also use data to inform future investigations and
recommendations.
Consistent with DHS's information sharing mission, information
stored in the DHS/OIDO-001 Office of the Immigration Detention
Ombudsman 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/OIDO 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.
This newly established system will be included in DHS's inventory
of record systems.
II. Privacy Act
The fair information practice principles found in the Privacy Act
underpin the 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 as U.S.
citizens and lawful permanent residents. Additionally, the Judicial
Redress Act (JRA) provides covered persons with a statutory right to
make requests for access and amendment to covered records, as defined
by the JRA, along with judicial review for denials of such requests. In
addition, the JRA prohibits disclosures of covered records, except as
otherwise permitted by the Privacy Act.
Below is the description of the DHS/OIDO-001 Office of the
Immigration Detention Ombudsman 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 NAME AND NUMBER:
U.S. Department of Homeland Security (DHS)/Office of the
Immigration Detention Ombudsman (OIDO)-001 Office of the Immigration
Detention Ombudsman System of Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at the Office of the Immigration Detention
Ombudsman Headquarters in Washington, DC, field offices, and other
intake locations.
SYSTEM MANAGER(S):
Immigration Detention Ombudsman, Office of the Immigration
Detention Ombudsman, U.S. Department of Homeland Security, Washington,
DC 20528, [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Section 106 of the Consolidated Appropriations Act, 2020, Public
Law 116-93, 133 Stat. 2504 (Dec. 20, 2019; 6 U.S.C 205).
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to allow DHS/OIDO to collect and
maintain records to investigate potential violations of law, individual
rights, standards of professional conduct, contract terms, or policy
related to immigration detention by any officer or employee of CBP,
ICE, or any contracted, subcontracted, or cooperating entity personnel.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals covered by this system of records
include:
Persons who contact OIDO to allege complaints from or
about individuals in immigration detention regarding the potential
violation of immigration detention standards or other potential
misconduct by DHS, its employees, contractors, grantees, or others
acting under the authority of the Department. These individuals may
include the person currently or formerly detained or individuals who
submit a complaint on behalf of that individual, including an attorney
or representative. An individual may submit a complaint anonymously.
[[Page 49555]]
DHS employees, contractors, grantees, volunteers, or
others acting under the authority of the Department alleged to be
involved in any such violations or misconduct.
Third parties directly or indirectly involved in the
alleged incident and identified as relevant persons to an
investigation.
CATEGORIES OF RECORDS IN THE SYSTEM:
Submitter's full name, including any aliases;
Submitter's contact information, including mailing
addresses, email addresses, and phone numbers;
Law Firm/Organization if the submitter is an attorney or
accredited representative;
Detainee's full name, including any aliases;
Detainee's A-Number;
Detainee's contact information, including mailing
addresses, email addresses, and phone numbers;
Detainee's sex;
Detainee's date of birth;
Detainee's country of birth and country(s) of citizenship;
Detainee's detention history, including facility name and
dates detained;
Incident date;
Compliant/incident number;
Complaint description;
Complaint category (e.g., abuse, disability accommodation,
language access, legal representation, personal property, medical
concerns, religious accommodation);
Subject of the complaint (e.g., adult, family unit, or
minor child, and names of other family members involved);
Prior actions taken to remedy the problem; and
Consent of the detainee for OIDO to disclose information
in the file to a designated representative, if applicable.
Submitters may offer more information than is specifically
requested by OIDO, such as the detainee's Visa number or Passport
number as part of their submissions or descriptions of the complaint.
Documentation provided to support complaints may also include legal and
medical records or other records, such as those related to disability
accommodations, personal property, or the conditions of detention.
Throughout the course of its investigations, OIDO may also collect:
Evidentiary documents and material, comments, records,
photographs, and reports relating to the alleged complaint and to the
resolution of the complaint;
Investigation notes, including written and audio/video
recordings of interviews with detainees, third parties involved in the
complaint, and facility personnel;
Interviewee's full name and contact information;
Interviewee's position/title and current duty station (if
applicable);
Documentation concerning requests for additional
information needed to complete the investigation;
Letters, memoranda, and other documents alleging violation
of immigration detention standards or other potential misconduct from
complainants;
Internal letters, memoranda, and other communications
within DHS related to complaints; and
Results of an investigation of a complaint.
RECORD SOURCE CATEGORIES:
Records are obtained from detainees, their representatives (e.g.,
family, legal), or other persons submitting cases on a detainee's
behalf in person or via forms submitted by mail, email, fax, or, in the
future, electronically; and by telephone. OIDO also accepts anonymous
complaints. Information may be collected from DHS employees and/or
contractors that are interviewed during an OIDO investigation.
Additional information may be collected from other DHS components,
databases, or systems (primarily ICE and CBP), and other government
agencies, such as the Departments of State and Justice.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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 the U.S.
Attorneys' Offices, or other federal agencies conducting litigation or
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, only 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 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 there has been a breach of the system of
records; (2) DHS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, DHS (including
its information systems, programs, and operations), the Federal
Government, or national security; 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
breach or to prevent, minimize, or remedy such harm.
F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in (1) responding to a suspected
or confirmed breach or (2) preventing, minimizing, or remedying the
risk of harm to individuals, the recipient agency or entity (including
its information systems, programs, and operations), the Federal
Government, or national security, resulting from a suspected or
confirmed breach.
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 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
[[Page 49556]]
subject to the same Privacy Act requirements and limitations on
disclosure as are applicable to DHS officers and employees.
I. To an attorney or representative who is acting on behalf of an
individual covered by this system of records to obtain the individual's
information submitted to OIDO.
J. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data, that relate to the purpose(s) stated in this
SORN, for purposes of testing new technology.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/OIDO 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.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/OIDO may retrieve records by any of the personal identifiers
listed above, such as name, A-Number, date of birth, or complaint
number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
DHS/OIDO is in the process of drafting a proposed records retention
schedule for the information maintained. DHS/OIDO is currently working
with NARA to establish the records retention schedule and will adhere
to it once finalized.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/OIDO safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. DHS/OIDO 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.
RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act,
and the Judicial Redress Act if applicable, because it is a law
enforcement system. However, DHS/OIDO will consider individual requests
to determine whether or not information may be released. Thus,
individuals seeking access to and notification of 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 or Chief
Freedom of Information Act Officer, whose contact information can be
found at http://www.dhs.gov/foia under ``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,
U.S. Department of Homeland Security, Washington, DC 20528-0655. Even
if neither the Privacy Act nor the Judicial Redress Act provide a right
of access, certain records about you may be available under the Freedom
of Information Act.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform with the Privacy Act regulations set
forth in 6 CFR part 5. The individual must first verify his/her
identity, meaning that the individual must provide his/her full name,
current address, and date and place of birth. The individual must sign
the request, and the individual's 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, an individual 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,
the individual should:
Explain why he or she believes the Department would have
information being requested;
Identify which component(s) of the Department he or she
believes may have the information;
Specify when the individual believes 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 the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
Without the above information, the component(s) may not be able to
conduct an effective search, and the individual's request may be denied
due to lack of specificity or lack of compliance with applicable
regulations.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record. Even if neither the Privacy
Act nor the Judicial Redress Act provide a right of access, individuals
may seek to amend records following the ``access procedures'' above.
DHS/OIDO, in its discretion, may choose to make the requested
amendment. However, neither this system of records notice, nor DHS/OIDO
making a requested amendment, confers to individuals any right to
access, contest, or amend records not covered by the Privacy Act or
JRA.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(k)(2)
and (k)(5), has exempted this system from the following provisions of
the Privacy Act, 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G),
(e)(4)(H), (e)(4)(I); and (f). Additionally, when this system receives
a record from another system exempted in that source system under 5
U.S.C. 552a(j)(2), (k)(2), and (k)(5), DHS will claim the same
exemptions for those records that are claimed for the original primary
systems of records from which they originated and claims any additional
exemptions set forth here.
HISTORY:
None.
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-18798 Filed 9-2-21; 8:45 am]
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