[Federal Register: December 19, 2008 (Volume 73, Number 245)]
[Notices]
[Page 77799-77801]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-141]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0158]
Privacy Act of 1974; U.S. Customs and Border Protection--012
Closed Circuit Television System 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 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 the following legacy record system,
Treasury/CS.226 Television System, October 18, 2001, as a U.S. Customs
and Border Protection system of records notice titled, U.S. Customs and
Border Protection--012 Closed Circuit Television System. 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 U.S. Customs and Border Protection--012 Closed Circuit
Television System record system. Additionally, elsewhere in today's
Federal Register, a notice of proposed rulemaking is being issued which
will exempt this system of records from certain aspects of the Privacy
Act. This reissued system will be included in the Department of
Homeland Security'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-
2008-0158 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 please contact:
Laurence E. Castelli (202-572-0280), Chief, Privacy Act Policy and
Procedures Branch, U.S. Customs and Border Protection, Office of
International Trade, Regulations & Rulings, Mint Annex, 1300
Pennsylvania Ave., NW., Washington, DC 20229. For privacy issues
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, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS) and U.S. Customs and
Border Protection (CBP) have relied on preexisting Privacy Act system
of records notice, Treasury/CS.226 Television System (66 FR 52984
October 18, 2001), for the collection and maintenance of records that
concern the DHS/CBP--012 Closed Circuit Television System.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a DHS/CBP system of records
notice under the Privacy Act (5 U.S.C. 552a) that concerns people
involved in incidents or disturbances related to DHS/CBP inspections
while seeking admission into the United States. This record system
allows DHS/CBP to videotape persons being escorted within a port of
entry. The collection and maintenance of this information assists DHS/
CBP in recording individuals who are part of an incident or disturbance
during a secondary inspection or individuals who received a secondary
inspection due to an incident or disturbance.
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/CBP proposes to update and reissue the following legacy record
system, Treasury/CS.226 Television System (66 FR 52984 October 18,
2001), as a DHS/CBP system of records notice titled, U.S. Customs and
Border Protection--012 Closed Circuit Television System. 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/CBP--012 Closed Circuit Television System record
system. Additionally, elsewhere in today's Federal Register, a notice
of proposed rulemaking is being issued which will exempt this system of
records from certain aspects of the Privacy Act. This reissued 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 U.S. 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 U.S. 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 Television System record 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/CBP-012.
System name:
U.S. Customs and Border Protection--012 Closed Circuit Television
System.
Security classification:
Unclassified.
System location:
Records are maintained at the U.S. Customs and Border Protection
Headquarters in Washington, D.C. and in field offices.
[[Page 77800]]
Categories of individuals covered by the system:
Categories of individuals covered by this system include
individuals involved in incidents or disturbances related to a DHS/CBP
inspection while attempting to enter the U.S.
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Date of Birth;
Citizenship;
Port of entry;
Method of entry, including vehicle information;
Date of entry;
Time of entry;
Search records, including the incident that required a
secondary inspection, and items found during the inspection; and
Audio-video cassette recording of the persons being
escorted into, inside, and out of the secondary areas of the port of
entry.
Authority for maintenance of the system:
5 U.S.C. 301; and the Federal Records Act, 44 U.S.C. 3101; 41 CFR
Part 102; Homeland Security Act of 2002, Public Law 107-296, Section
1512, 116 Stat. 2310 (November 25, 2002); the immigration laws,
including 8 U.S.C. 1222-1225 and 1357; the customs laws, including 19
U.S.C. 2, 482, 1433, 1434, 1459, 1461, 1484, 1499, 1581, 1582; 6 U.S.C
202, 231; the agriculture laws, including 7 U.S.C. 8303, 8304, 8307.
Purpose(s):
The purpose of this system is to record individuals who are sent to
secondary when attempting to enter the U.S., or who are involved in an
incident or disturbance while within CBP controlled space at the
border. This record system will allow DHS/CBP to videotape persons
being escorted within a port of entry.
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 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 or any component in his/her official
capacity;
3. Any employee of DHS or any component in his/her individual
capacity where DOJ or DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof, is a party to the litigation or
has an interest in such litigation, and DHS or CBP 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 or CBP
collected the records.
B. To a congressional office 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 or CBP suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. DHS or CBP 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, CBP, 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 or CBP'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 or CBP, 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/CBP officers and employees.
G. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil or criminal laws.
H. To a Federal, State, or local agency, or other appropriate
entity or individual, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, Executive Order, or other applicable national
security directive.
I. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations where
DHS is aware of a need to utilize relevant data for purposes of testing
new technology and systems designed to enhance national security or
identify other violations of law.
J. To an appropriate Federal, State, local, tribal, foreign, or
international agency, if the information is relevant and necessary to a
requesting agency's decision concerning the hiring or retention of an
individual, or issuance of a security clearance, license, contract,
grant, or other benefit, or if the information is relevant and
necessary to a DHS or component 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 when
disclosure is appropriate to the proper performance of the official
duties of the person making the request.
K. 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 or in connection with criminal law proceedings or in
response to a subpoena from a court of competent jurisdiction.
L. 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 to the proper
performance of the official duties of the officer making the
disclosure.
[[Page 77801]]
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 any component or is necessary to demonstrate the accountability of
DHS or a component'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:
Records are retrieved by individual's name or date and time of the
recording.
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 this 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 recordings with incidents are retained for six months. Those on
which some action may be taken are retained for one year or until the
close of the case. The electronic media used to make recording can be
reused. Therefore, after the above stated retention period, CBP may
reuse the electronic media and thus erase the previous recording.
System Manager and address:
Port Directors, U.S. Customs and Border Protection, U.S. Customs
and Border Protection Headquarters, 1300 Pennsylvania Avenue, NW., Mint
Annex, Washington, DC 20229.
Notification procedure:
The Secretary of Homeland Security has exempted this system from
certain aspects of the notification, access, and amendment requirements
of the Privacy Act. CBP will review each request to determine whether
or not notification, access, or amendment should be provided.
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 CBP's FOIA Officer, 1300 Pennsylvania
Avenue, NW., Mint Annex, Washington, DC 20229.
When seeking records about yourself from this system of records or
any other CBP 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 CBP 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
verifying that individual's identity and certifying his/her agreement
for you to access his/her records.
Without this bulleted information CBP 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:
Audio-video recording of persons being escorted within the port of
entry.
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)(2), 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).
Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29838 Filed 12-18-08; 8:45 am]
BILLING CODE 4410-10-P