[Federal Register Volume 73, Number 245 (Friday, December 19, 2008)]
[Notices]
[Pages 77729-77733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29780]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0163]
Privacy Act of 1974; United States Secret Service--001 Criminal
Investigation Information System of Records Notice
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 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 update and reissue USSS.003 Criminal Investigation
Information System, August 28, 2001 as DHS/USSS--001 Criminal
Investigation Information System of Records. Categories of individuals,
categories of records, and the routine uses of this legacy system of
records notice have been reviewed and updated to better reflect the
Department of Homeland Security United States Secret Service criminal
investigation information record system. Additionally, an updated
Notice of Proposed Rulemaking will be published elsewhere in the
Federal Register. Until such time, the exemptions for the legacy system
of records notice transfer from the SORN's legacy agency to the
Department of Homeland Security. This reissued system will be included
in the Department's inventory of record systems.
DATES: Written comments must be submitted on or before January 20,
2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0163 by one of the following methods:
[[Page 77730]]
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 please contact:
Latita Huff (202-406-6370), Privacy Point of Contact, United States
Secret Service, 950 H St., NW., Washington, DC 20223. For privacy
issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy
Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, the Department of Homeland Security (DHS) and United States
Secret Service (USSS) have relied on preexisting Privacy Act systems of
records notices for the collection and maintenance of records that
concern DHS/USSS criminal investigation information system records.
As part of its efforts to streamline and consolidate its Privacy
Act record systems, DHS/USSS is updating and reissuing a DHS/USSS
system of records under the Privacy Act (5 U.S.C. 552a) for DHS/USSS
criminal investigation information system records. This will ensure
that all organizational parts of USSS follow the same privacy rules for
collecting and handling criminal investigation information system
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/USSS proposes to update USSS.003 Criminal Investigation Information
System (66 FR 45362 August 28, 2001). Categories of individuals,
categories of records, and the routine uses of this legacy system of
records notice have been reviewed and updated to better reflect the
DHS/USSS criminal investigation information record system.
Additionally, an updated Notice of Proposed Rulemaking will be
published elsewhere in the Federal Register. Until such time, the
exemptions for the legacy system of records notice transfer from the
SORN's legacy agency to the Department of Homeland Security. This
reissued system 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 lawful
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 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 Criminal Investigation Information System.
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/USSS-001.
System name:
United States Secret Service--001 Criminal Investigation
Information System of Records.
Security classification:
Unclassified and Classified.
System location:
Records are maintained at the United States Secret Service
Headquarters, 950 H St., NW., Washington, DC 20223 and field offices.
Categories of individuals covered by the system:
Individuals who have been or are currently the subject of a
criminal investigation by DHS/USSS in connection with the performance
by that agency of its authorized criminal investigative functions;
individuals who are payees, registered owners, or endorsers of stolen
or lost obligations and other securities of the United States;
individuals who are witnesses, complainants, informants, suspects,
defendants, fugitives, released prisoners, correspondents, organized
crime figures, and victims of crimes who have been identified by DHS/
USSS in the conduct of criminal investigations or by information
supplied by other law enforcement agencies, government units, and the
general public.
Categories of records in the system:
Categories of records in this system include:
Records containing information compiled for the purpose of
identifying individual criminal offenders and alleged offenders and
consisting of identifying data, including, but not limited to, name,
date of birth, social security number, telephone number, home address,
business address, spouse and family information, physical description,
notations of arrest, the nature and position of criminal charges,
sentencing, confinement, release, and parole or probations status
concerning criminal offenders, defendants and suspects, witnesses,
victims, and law enforcement personnel;
Records containing information compiled for the purpose of
a criminal investigation and associated with an identifiable
individual, including reports of informants and investigators;
Records containing reports identifiable with an individual
compiled at various stages of the process of enforcement of criminal
laws from arrest or indictment through release from supervision;
Records containing investigatory material compiled for law
enforcement purposes, including but not limited to, handwriting
exemplars; laboratory analyses of inks and papers; handwriting
analyses; petitions for the remission of forfeitures; notice of non-
receipt of Treasury drafts; affidavits of forged endorsements; opinions
of the examiner of questioned documents; reports or opinions from the
[[Page 77731]]
examination of computer evidence; reports or opinions from the
examination of altered cellular telephones; certificates by owners of
U.S. registered securities concerning forged requests for payments or
assignments; applications for relief on account of loss, theft, or
destruction of U.S. Savings Bonds or checks; photographic reproductions
of obligations and other securities of the United States; contraband
items; claims against the United States for the proceeds of government
checks and bonds; and reports necessary for the settlement of check and
bond claims; polygraph case files; forensic examination information;
search warrants and search warrant returns; indictments; certified
inventories of property held as evidence; sworn and unsworn witnesses
statements; witness statements; state, local and foreign criminal
investigative information and reports; names and telephone numbers of
persons intercepted by electronic, mechanical, or other device under
the provisions of Title 18 U.S.C., Section 2510 et seq. compiled during
the lawful course of a criminal or civil investigation.
Authority for maintenance of the system:
The Homeland Security Act of 2002, Public Law 107-296; Federal
Records Act, 44 U.S.C. 3101; 6 CFR part 5; 5 U.S.C.; 18 U.S.C. 3056;
Executive Order 9397.
Purpose(s):
The purpose of this system is to collect and maintain criminal
records of individuals being investigated by DHS/USSS.
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 the
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, 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 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 employees and officials of financial and commercial business
firms and to private individuals information pertaining to actual or
suspected criminal offenders where such disclosure is considered
reasonably necessary for the purpose of furthering Secret Service
efforts to investigate the activities of and apprehend criminal
offenders and suspected criminal offenders.
I. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosure to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings or in
response to a subpoena from a court of competent jurisdiction.
J. To an appropriate Federal, State, local, tribal, territorial,
foreign, or international agency, if the information is relevant and
necessary to agency's decision concerning the hiring or retention of an
individual, the issuance of a security clearance, license, contract,
grant, or other benefit, or if the information is relevant and
necessary to a DHS decision concerning 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 of a license, grant or other benefit and when disclosure is
appropriate to the proper performance of the official duties of the
person making the request.
K. To the Integrated Automated Fingerprint Identification System
(IAFIS) managed by the Department of Justice, Federal Bureau of
Investigations in connection with Secret Service's utilization.
L. 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
[[Page 77732]]
unwarranted invasion of personal privacy.
M. To Federal, State, and local government agencies foreign or
domestic, having prosecutorial and civil law enforcement functions for
use by attorneys, magistrates, and judges, parole or probation
authorities and other law enforcement authorities for the purpose of
developing a criminal or civil investigation, prosecuting, sentencing,
or determining the parole and probation status of criminal offenders or
suspected criminal offenders.
N. To personnel of other Federal, State, and local law enforcement
agencies, foreign or domestic, for the purpose of developing
information on subjects involved in Secret Service criminal
investigations and assisting other law enforcement agencies in the
investigation and prosecution of violations of the criminal laws which
those agencies are responsible for enforcing.
O. To personnel of Federal, State, and local governmental agencies,
where such disclosure is considered reasonably necessary for the
purpose of furthering Secret Service efforts to investigate the
activities of and apprehend criminal offenders and suspected criminal
offenders.
P. To personnel of Federal, State, and local governmental agencies,
foreign and domestic, where there is a showing of reasonable necessity
to obtain such information to accomplish a valid law enforcement
purpose.
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 and/or behind a locked door. The
records are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
This system is indexed by name, address, vehicle license number,
and/or telephone number, and is retrieved through computer search of
magnetic media indices both at Headquarters and in the field offices.
Additionally, subjects are retrievable from the computerized files by
physical description. Access to the physical files containing records
is by case number.
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:
All Judicial cases, 30 years after case closure; non-judicial
criminal investigative cases (except non-judicial check and bond
cases), 10 years; non-judicial check claim and bond forgery cases, 5
years; administrative files of an investigatory nature, 5 years; all
other files and records the disposition of which is not otherwise
specified, 5 years; investigations for other districts, 2 years;
receipts vary with the case file to which they pertain; investigation
control forms, varies; arrest history forms, indefinite; headquarters
criminal investigative case files, 30 years; indices and microfilm
copies are retained for an indefinite period; consensual and non-
consensual interception indices, 10 years or when investigative use no
longer exists, whichever is longer; fingerprint and photograph files,
at varying intervals in accordance with record retention schedules
approved by the National Archives and Records Administration.
System Manager and address:
Assistant Director, Office of Investigations, U.S. Secret Service,
950 H St., NW., Suite 8900, Washington, DC 20223.
Notification procedure:
Pursuant to 5 U.S.C. 522a(j) and (k), this system of records
generally may not be accessed by members of the public for purposes of
determining if the system contains a record pertaining to a particular
individual. Nonetheless individual requests will be reviewed on a case
by case basis. 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 USSS's FOIA Officer,
Freedom of Information and Privacy Acts Branch 245 Murray Drive,
Building 410, Washington, DC 20223.
When seeking records about yourself from this system of records or
any other USSS 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,
Specify when you believe the records would have been
created,
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 USSS 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:
The Secretary of Homeland Security has exempted this system from
subsections (e)(4)(I) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2) and (k)(2).and (k)(3), therefore records sources shall not
be disclosed.
Exemptions claimed for the system:
Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5),
and (e)(8); (f), and (g). Pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and
(k)(3) this system is exempt from the following provisions of the
Privacy Act, subject to the limitations set forth in those subsections:
5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and
(f). In addition, to the extent a record contains information from
other exempt systems of records, USSS will rely on the exemptions
claimed for those systems.
[[Page 77733]]
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29780 Filed 12-18-08; 8:45 am]
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