[Federal Register Volume 73, Number 202 (Friday, October 17, 2008)]
[Notices]
[Pages 61888-61891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24807]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0022]
Privacy Act of 1974; Department of Homeland Security Emergency
Personnel Location Records System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of record notices, the Department of Homeland Security
proposes to consolidate two legacy record systems: FEMA/NP-1 Emergency
Assignment Records, September 7, 1990, and FEMA/NP-2 Key Personnel
Central Locator List, September 7, 1990, into one Department of
Homeland Security-wide system of records. This system will allow the
Department of Homeland Security and its components to contact necessary
Departmental personnel, including Federal employees and contractors,
and other individuals to respond to all hazards emergencies including
technical, manmade or natural disasters, or to participate in
exercises. Categories of individuals, categories of records, and the
routine uses of these legacy system of records notices have been
consolidated and updated to better reflect the Department's emergency
personnel location record systems. This reclassified system, titled
Emergency Personnel Location Records, will be included in the
Department's inventory of record systems.
DATES: Submit comments on or before November 17, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0022 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, 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 and privacy
issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of 2002
Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25, 2002),
the Department of Homeland Security (DHS) and its components and
offices have relied on preexisting Privacy Act systems of records
notices for the collection and maintenance of records that concern key
DHS personnel (to include Federal employees and contractors) and other
individuals who may be required to respond to all hazards emergencies
including technical, manmade or natural disasters, or to participate in
exercises.
As part of its efforts to streamline and consolidate its Privacy
Act record systems, DHS is establishing an agency-wide system of
records under the Privacy Act (5 U.S.C. 552a) for DHS Emergency
Personnel Location records. This will ensure that all components of DHS
follow the same privacy rules for collecting and handling Emergency
Personnel Location records.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of record notices,
DHS proposes to consolidate two legacy record systems: FEMA/NP-1
Emergency Assignment Records (55 FR 37182 September 7, 1990) and FEMA/
NP-2 Key Personnel Central Locator List (55 FR 37182 September 7, 1990)
into one DHS-wide system of records. This system will allow DHS and its
components to contact necessary DHS personnel, including Federal
employees and contractors, and other individuals to respond to all
hazards emergencies including technical, manmade or natural disasters,
or to participate in exercises. Categories of individuals, categories
of records, and the routine uses of these legacy system of records
notices have been consolidated and updated to better reflect the
Department's emergency personnel location record systems. This
reclassified system, titled Emergency Personnel Location Records, will
be included in the Department's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and legal
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens,
[[Page 61889]]
lawful permanent residents, and visitors. Individuals may request
access to their own records that are maintained in a system of records
in the possession or under the control of DHS by complying with DHS
Privacy Act regulations, 6 CFR Part 5.
The Privacy Act requires that each agency publish in the Federal
Register a description denoting the type and character of each system
of records in order to make agency recordkeeping practices transparent,
to notify individuals about the use of their records, and to assist the
individual to more easily find files within the agency. Below is a
description of the Emergency Personnel Location Records System of
Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
and to the Congress.
System of Records:
DHS/ALL-014.
System name:
Department of Homeland Security Emergency Personnel Location
Records.
Security classification:
Unclassified.
System location:
Records are maintained at several Headquarters locations and in
component offices of DHS, in both Washington, DC and field locations.
Categories of individuals covered by the system:
Key DHS personnel (to include Federal employees and contractors)
and other individuals who may be required to respond to all hazards
emergencies including technical, manmade or natural disasters, or to
participate in exercises. Also included are individuals whom employees
identify to be contacted in the event of an all hazards emergency.
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Individual's social security number (security clearance
information);
Individual's date of birth (security clearance
information);
Individual's work address;
Individual's title;
Individual's position and duty status;
Individual's supervisor;
Individual's clearance and access level;
Individual's skills inventory;
Individual's (volunteered) medical information;
Individual's home address;
Individual's e-mail addresses;
Individual's office phone number;
Individual's home phone number;
Individual's cell phone number;
Individual's cell pin number;
Individual's fax number;
Individuals pager number;
Individuals height, weight, and other personal
characteristics, if applicable;
Individual's emergency response group/non-emergency
response group status;
Emergency contact's name;
Emergency contact's relationship to individual;
Emergency contact's work address;
Emergency contact's home address;
Emergency contact's office phone number;
Emergency contact's home phone number;
Emergency contact's cell phone number;
Emergency contact's e-mail addresses;
Emergency recall rosters;
Identification credentials for access to regulated
facilities;
Contractor's company or organization name;
Any other phone numbers that may be needed in the event of
an all hazards emergency.
Authority for maintenance of the system:
5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; Homeland
Security Act of 2002; Public Law 107-296, 6 U.S.C. 121; and Executive
Order 9373.
Purpose(s):
The purpose of this system is to contact necessary DHS personnel,
including Federal employees and contractors, and other individuals to
respond to all hazards emergencies including technical, manmade or
natural disasters, or to participate in exercises. In addition, the
information in this system will facilitate the contact of DHS
personnel's families or other in the event of a personal emergency such
as an injury concerning the workplace.
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 (including United States Attorney
Offices) or another Federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body when
it is necessary to the litigation and one of the following is a party
to the litigation or has an interest in such litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where the
Department of Justice or DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To 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 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. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies 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
[[Page 61890]]
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, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To an appropriate Federal, state or local agency, including the
Department of Defense and specifically the U.S. Air Force, if the
information is relevant and necessary, for the requesting agency's
approval on the issuance of a security clearance or for the purpose of
providing support in an all hazards emergencies including technical,
manmade or natural disasters.
I. To Federal, State, and local governmental agencies or executive
offices, relief agencies, 501 c3s, and non-governmental organizations,
when disclosure is appropriate for proper coordination of homeland
security efforts or assistance, protective functions conducted pursuant
to title 18 of the United States Code, section 3056 or 3056a, or the
proper performance of the official duties required in response to all
hazards or national security emergencies including technical, manmade
or natural disasters.
J. To identified emergency contacts of:
1. DHS personnel, including Federal employees and contractors;
2. Federal employees or contractors who participate in or conduct
exercises; or
3. Federal employees or contractors who respond to all hazards
emergencies including technical, manmade or natural disasters.
K. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an unwarranted invasion
of personal privacy.
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:
Data may be retrieved by an individual's name, location, personnel
number (if applicable), and/or other personal identifier.
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:
Records regarding all hazard emergencies are destroyed three years
after issuance of a new plan or directive, in accordance with National
Archives and Records Administration General Records Schedule 18, Item
27. Records regarding supervisors' files will be destroyed within 1
year after separation or transfer of the employee, in accordance with
National Archives and Records Administration General Records Schedule
1, Item 18.
System Manager and address:
For Headquarters components of DHS, the System Manager is the
Director of Departmental Disclosure, Department of Homeland Security,
Washington, DC 20528. For components of DHS, the System Manager can be
found at http://www.dhs.gov/foia under ``contacts.''
Notification procedure:
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 Headquarters' or component's
FOIA 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,
Department of Homeland Security, 245 Murray Drive, SW., Building 410,
STOP-0550, 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 Director,
Disclosure and FOIA, 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,
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:
Information originates within DHS and its components and offices
along with personnel who submit information such as emergency contacts.
[[Page 61891]]
Exemptions claimed for the system:
None.
Dated: October 7, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-24807 Filed 10-16-08; 8:45 am]
BILLING CODE 4410-10-P