[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71656-71659]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28037]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0136]
Privacy Act of 1974; Department of Homeland Security General
Training Records System of Records
AGENCY: Privacy Office, DHS.
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 is giving notice that it proposes to update one
record system titled, DHS/ALL-003 Department of Homeland Security
General Training Records. Categories of individuals, categories of
records, routine uses, and exemptions of this system of records notice
have been updated to better reflect the Department's updated general
training record systems. Additionally, the Department will be issuing a
Final Rule on the exemptions elsewhere in the Federal Register
concurrent with the publishing of this updated System of Records
Notice. This updated system will be included in the Department of
Homeland Security's inventory of record systems.
DATES: Comments must be received on or before December 26, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0136 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 and may be read at http://www.regulations.gov, including any personally identifiable 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
The Department of Homeland Security (DHS) is updating and reissuing
an agency-wide system of records under the Privacy Act (5 U.S.C. 552a)
for DHS general training records. This system collects and maintains
training records on current and former Departmental employees,
contractors, and other individuals.
In accordance with the Privacy Act of 1974, DHS is giving notice
that it proposes to update one record system titled, DHS/ALL-003
Department of Homeland Security General Training Records (71 FR 26767
May 8, 2006). Categories of individuals have been updated to include
volunteers and contractors; other participants in training programs,
including instructors, course developers, observers, and interpreters;
categories of records have been updated to include more extensive
records for processing and tracking training activities; routine uses
have been updated to allow for the sharing of information for an audit
of the Department or it's components; to share with the supervisor of
those individuals seeking training as it relates to the individual's
fitness and qualifications for training and to provide training status;
and to allow for sharing in the event the Department has a possible
loss of personally identifiable information. Additionally, the
Department will be
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issuing a Final Rule on the exemptions elsewhere in the Federal
Register concurrent with the publishing of this updated 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 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, 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 each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses to
which their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the DHS
Mailing and Other Lists System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this updated system of records to the Office of Management and Budget
and to Congress.
SYSTEM OF RECORDS
DHS/All-003.
System Name:
Department of Homeland Security General Training Records.
Security Classification:
Unclassified.
System Location:
Records are maintained at several Headquarters locations and in
component offices of the Department of Homeland Security, in both
Washington, DC and field locations.
Authority for Maintenance of the System:
The Homeland Security Act of 2002, Pub. L. 107-296, 6 U.S.C. 121;
Federal Records Act, 44 U.S.C. 3101; 6 CFR Part 5; 5 U.S.C. app. 3; 5
U.S.C. 301 and Ch. 41; Executive Order 11348, as amended by Executive
Order 12107; and Executive Order 9397 (SSN).
Categories of Individuals Covered by the System:
Current and former employees of DHS, volunteers and contractors;
any individual who is or has been an employee of DHS and who has
applied for, participated in or assisted with a training program; any
other Federal employee or private individual, including contractors and
others, who has participated in or assisted with training programs
recommended, sponsored or operated by the Department of Homeland
Security; and other participants in training programs, including
instructors, course developers, observers, and interpreters.
Categories of Records in the System:
The system includes all records pertaining to training, including:
Individual's name;
Date of birth;
Social security number;
Address;
Phone numbers;
Email addresses;
Occupation;
Nomination forms;
Registration forms;
Course rosters and sign-in sheets;
Instructor lists;
Schedules;
Payment records, including financial, travel and related
expenditures;
Examination and testing materials;
Grades and student evaluations;
Course and instructor critiques;
Equipment issued to trainees and other training
participants; and other reports pertaining to training; and
Individuals who apply for but are not accepted for
training.
Purpose:
This record system will collect and document training given to DHS
employees, contractors, and others who are provided DHS training. This
system will provide DHS with a means to track the particular training
that is provided, identify training trends and needs, monitor and track
the expenditure of training and related travel funds, schedule training
classes and programs, schedule instructors, track training items issued
to students, assess the effectiveness of training, identify patterns,
respond to requests for information related to the training of DHS
personnel and other individuals, and facilitate the compilation of
statistical information about training.
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 of
information contained in this system may be disclosed outside
Department of Homeland Security (DHS) as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice 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 where DOJ 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,
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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 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, 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 a Federal, State, tribal, local or foreign government agency
or professional licensing authority in response to its request, in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuance or status of a license,
grant, or other benefit by the requesting entity, to the extent that
the information is relevant and necessary to the requesting entity's
decision on the matter.
I. To educational institutions or training facilities for purposes
of enrollment and verification of employee attendance and performance.
J. To the Equal Employment Opportunity Commission, Merit Systems
Protection Board, Office of the Special Counsel, Federal Labor
Relations Authority, or Office of Personnel Management or to
arbitrators and other parties responsible for processing any personnel
actions or conducting administrative hearings or appeals, or if needed
in the performance of authorized duties.
K. To the Department of Justice or a consumer reporting agency for
further action on a delinquent debt when circumstances warrant.
L. To employers to the extent necessary to obtain information
pertinent to the individual's fitness and qualifications for training
and to provide training status.
M. 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:
Yes.
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 the individual's name, social security
number, 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 are maintained and disposed in accordance with National
Archives and Records Administration General Records Schedule, No. 1.
System Manager(s) and Address:
For Headquarters components of the Department of Homeland Security,
the System Manager is the Director of Departmental Disclosure,
Department of Homeland Security, Washington, DC 20528. For components
of the Department of Homeland Security, 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 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) will not be able
to conduct an effective search, and your
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request may be denied due to lack of specificity or lack of compliance
with applicable regulations.
Record Access Procedure:
See ``Notification Procedure'' above.
Contesting Record Procedures:
See ``Notification Procedure'' above.
Record source categories:
Information originates within DHS and from the individual to whom
the record pertains.
Exemptions Claimed for the System:
The Secretary of Homeland Security has exempted certain records in
this system on the basis of 5 U.S.C. 552a(k)(6) in order to preserve
the objectivity and fairness of testing and examination material.
Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-28037 Filed 11-24-08; 8:45 am]
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