[Federal Register Volume 75, Number 96 (Wednesday, May 19, 2010)]
[Notices]
[Pages 28042-28046]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-11917]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0013]
Privacy Act of 1974: System of Records; Department of Homeland
Security Transportation Security Administration--001, Transportation
Security Enforcement Record System, System of Records
AGENCY: Privacy Office, DHS.
ACTION: Notice to alter an existing Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to update and reissue an existing Department
of Homeland Security system of records notice titled, Transportation
Security Administration 001 Transportation Security Enforcement Record
System previously published on December 10, 2004. As a result of the
biennial review of this system, modifications are being made to the
system of records' categories of individuals, categories of records,
routine uses, record source categories, retention and disposal,
notification procedures, and system manager and address. The Department
of Homeland Security Transportation Security Administration--001
Transportation Security Enforcement Record System covers records
related to the Transportation Security Administration's screening of
passengers and property and enforcement actions involving all modes of
transportation regulated by the Transportation Security Administration.
Information in this system also includes records related to the
investigation or enforcement of transportation security laws,
regulations, directives, or Federal, State, local, or international
law. For example, records relating to an investigation of a security
incident that occurred during passenger or property screening would be
covered by this system.
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2). Portions of the system pertaining to investigations or
prosecutions of violations of criminal law are exempt under 5 U.S.C.
552a(j)(2). These exemptions are reflected in the final rule published
on August 4, 2006.
This system will continue to be included in the Department of
Homeland Security's inventory of record systems.
DATES: Submit comments on or before June 18, 2010. The system will be
effective June 18, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0013 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 703-483-2999.
Mail: Mary Ellen Callahan, 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:
Peter Pietra, Privacy Officer, Transportation
[[Page 28043]]
Security Administration, TSA-36, 601 South 12th Street, Arlington, VA
20598-6036 or [email protected]. For privacy issues please contact:
Mary Ellen Callahan (703-235-0780), Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with this requirement and the Privacy Act of 1974, 5
U.S.C. 552a, the Department of Homeland Security (DHS) Transportation
Security Administration (TSA) proposes to update and reissue a DHS/TSA
system of records notice titled, DHS/TSA-001 Transportation Security
Enforcement Record System (69 FR 71828, December 10, 2004.)
TSA's mission is to protect the nation's transportation systems to
ensure freedom of movement for people and commerce. To achieve this
mission, TSA is required to develop and adapt its security programs to
respond to evolving threats to transportation security. In accordance
with the biennial review of this system, the following modifications
are being made:
The categories of individuals section is updated from
``passengers undergoing screening'' to ``individuals undergoing
screening.'' This change clarifies that individuals other than
passengers may be subject to screening, such as individuals who escort
minors or the elderly into the sterile area.
The categories of records section has been updated to
State that records may relate to any individual, not just to a
passenger, who undergoes screening and to an individual whose identity
must be verified against the Federal watch lists.
DHS/TSA is updating the system of records to incorporate
five DHS standard routines uses. One routine use will allow release of
information to appropriate agencies, entities, and persons when DHS/TSA
suspects or has confirmed that the security or confidentiality of an
information system of records has been compromised. Another routine use
permits the release of information to the media when there exists a
legitimate public interest in disclosing information. Release under
this routine use will require the approval of the DHS Chief Privacy
Officer in consultation with counsel. Another routine use allows the
release of information to a court, magistrate, administrative tribunal
or opposing counsel or parties where a Federal agency is a party or has
an interest in the litigation or administrative proceeding. The fourth
routine use allows DHS/TSA to release information to a former employee
when it is necessary to consult with the former employee regarding a
matter that is within that person's former area of responsibility. The
fifth routine use allows DHS/TSA to release information to appropriate
entities where it would assist in the enforcement of civil or criminal
laws.
Additionally, DHS/TSA is revising a current routine use
adding indirect air carriers and other facility operators as a
potential recipient of information from these systems when appropriate
to address a threat or potential threat to transportation security or
national security, or when required for administrative purposes related
to the effective and efficient administration of transportation
security laws.
DHS/TSA is also revising a current routine use by adding
indirect air carriers and other facility operators as potential
recipients of information about individuals who are their employees,
job applicants, or contractors, or persons to whom they issue
identification credentials or grant clearances to secured areas in
transportation facilities when relevant to such employment,
application, contract, training or the issuance of such credentials or
clearances.
Finally, DHS/TSA is adding a routine use to allow DHS/TSA
to publish final agency and Administrative Law Judge decisions in civil
enforcement and other administrative matters.
The record source categories are updated to reflect the
use of commercial and public record databases and Web sites to obtain
information regarding the identity of individuals who attempt to gain
access to the sterile areas of the airport and for whom identity needs
to be verified or individuals who are being vetted to qualify as
Federal flight deck officers.
The retention and disposal sections are updated to reflect
the records retention schedules approved by the National Archives and
Records Administration (NARA).
The notification section was changed to reflect that
inquiries regarding whether the applicable system contains records
about an individual should be directed to TSA's Freedom of Information
Act (FOIA) Office.
The system manager was revised to reflect the current
system manager of the system.
Consistent with the Privacy Act, information stored in TSERS may be
shared with other DHS components, as well as appropriate Federal,
State, local, tribal, foreign, or international government agencies.
This sharing will only take place after DHS determines that the
receiving component or agency has a need to know the information to
carry out national security, law enforcement, immigration,
intelligence, or other functions consistent with the routine uses set
forth in this system of records notice.
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2). Portions of the system pertaining to investigations or
prosecutions of violations of criminal law are exempt under 5 U.S.C.
552a(j)(2). These exemptions are reflected in the final rule published
on August 4, 2006 in 71 FR 44223.
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 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 recordkeeping
practices transparent, to notify individuals regarding the uses to
their records are put, and to assist individuals to more easily find
such files within the agency. Below is the description of the
Transportation Security Administration 001 Transportation Security
Enforcement Record System, 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
[[Page 28044]]
Management and Budget and to Congress.
System of Records
DHS/TSA--001
System name:
Transportation Security Administration Transportation Security
Enforcement Record System (TSERS).
Security classification:
Classified, sensitive.
System location:
Records are maintained at the Transportation Security
Administration (TSA) Headquarters, 601 South 12th Street, Arlington, VA
20598 and TSA field offices.
Categories of individuals covered by the system:
Owners, operators, and employees in all modes of transportation for
which DHS/TSA has security-related duties; witnesses and other third
parties who provide information; individuals undergoing screening of
their person (including identity verification) or property; individuals
against whom investigative, administrative, or civil or criminal
enforcement action has been initiated for violation of certain TSA
regulations or security directives, relevant provisions of 49 U.S.C.
Chapter 449, or other laws; individuals being investigated or
prosecuted for violations of law; and individuals who communicate
security incidents, potential security incidents, or otherwise
suspicious activities.
Categories of records in the system:
Information related to the screening of property and the security
screening and identity verification of individuals, including
identification media and identifying information such as name, address,
gender, date of birth, contact information, fingerprints and/or other
biometric identifiers, photographs or video, or travel information or
boarding passes; the investigation or prosecution of any alleged
violation; place of violation; Enforcement Investigative Reports
(EIRs); security incident reports, screening reports, suspicious-
activity reports and other incident or investigative reports;
statements of alleged violators and witnesses and other third parties
who provide information; proposed penalty; investigators' analyses and
work papers; enforcement actions taken; findings; documentation of
physical evidence; correspondence of TSA employees and others in
enforcement cases; pleadings and other court filings; legal opinions
and attorney work papers; and information obtained from various law
enforcement or prosecuting authorities relating to the enforcement of
laws or regulations.
Authority for maintenance of the system:
49 U.S.C. 114(d), 44901, 44903, 44916, 46101, 46301.
Purpose(s):
The records are created in order to maintain an enforcement and
inspections system for all modes of transportation for which TSA has
security related duties and to maintain records related to the
investigation or prosecution of violations or potential violations of
Federal, State, local, or international criminal law. They may be used,
generally, to identify, review, analyze, investigate, and prosecute
violations or potential violations of transportation security laws,
regulations and directives or other laws as well as to identify and
address potential threats to transportation security. They may also be
used to record the details of TSA security-related activity, such as
passenger or property screening.
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 (DOJ) (including United States
Attorney Offices) or other Federal agency in anticipation of, or
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 current or former employee of DHS in his/her official
capacity, or
3. Any current or former 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/
TSA 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. DHS 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 that rely upon the compromised information;
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 provide 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 agency, including law enforcement, 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 the United States Department of Transportation, its operating
administrations, or the appropriate State
[[Page 28045]]
or local agency, when relevant or necessary to:
1. Ensure safety and security in any mode of transportation;
2. Enforce safety- and security-related regulations and
requirements;
3. Assess and distribute intelligence or law enforcement
information related to transportation security;
4. Assess and respond to threats to transportation;
5. Oversee the implementation and ensure the adequacy of security
measures at airports and other transportation facilities;
6. Plan and coordinate any actions or activities that may affect
transportation safety and security or the operations of transportation
operators; or
7. The issuance, maintenance, or renewal of a license, certificate,
contract, grant, or other benefit.
I. To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency, regarding individuals who pose, or
are suspected of posing, a risk to transportation or national security.
J. To a Federal, State, local, tribal, territorial, foreign, or
international agency, where such agency has requested information
relevant or necessary for the hiring or retention of an individual, or
the issuance of a security clearance, license, contract, grant, or
other benefit.
K. To a Federal, State, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to a
DHS/TSA decision concerning the hiring or retention of an employee, the
issuance of a security clearance, license, contract, grant, or other
benefit.
L. To international and foreign governmental authorities in
accordance with law and formal or informal international agreement.
M. To third parties during the course of an investigation into any
matter before DHS/TSA to the extent necessary to obtain information
pertinent to the investigation.
N. To airport operators, aircraft operators, and maritime and
surface transportation operators, indirect air carriers, and other
facility operators about individuals who are their employees, job
applicants, or contractors, or persons to whom they issue
identification credentials or grant clearances to secured areas in
transportation facilities when relevant to such employment,
application, contract, or the issuance of such credentials or
clearances.
O. To any agency or instrumentality charged under applicable law
with the protection of the public health or safety under circumstances
where the public health or safety is at risk.
P. With respect to members of the armed forces who may have
violated transportation security or safety requirements and laws,
disclose the individual's identifying information and details of their
travel on the date of the incident in question to the appropriate
branch of the armed forces to the extent necessary to determine whether
the individual was performing official duties at the time of the
incident. Members of the armed forces include active duty and reserve
members, and members of the National Guard. This routine use is
intended to permit TSA to determine whether the potential violation
must be referred to the appropriate branch of the armed forces for
action pursuant to 40 U.S.C. 610101(b).
Q. To the DOJ, U.S. Attorney's Office, or other Federal agencies
for further collection action on any delinquent debt when circumstances
warrant.
R. To a debt collection agency for the purpose of debt collection.
S. To airport operators, aircraft operators, air carriers, maritime
and surface transportation operators, indirect air carriers, or other
facility operators when appropriate to address a threat or potential
threat to transportation security or national security, or when
required for administrative purposes related to the effective and
efficient administration of transportation security laws.
T. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
Federal, State, or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
U. To a court, magistrate, or administrative tribunal where a
Federal agency is a party to the litigation or administrative
proceeding 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.
V. To the public, on the TSA Web site at www.tsa.gov, final agency
and Administrative Law Judge decisions in criminal enforcement and
other administrative matters, except that personal information about
individuals will be deleted if release of that information would
constitute an unwarranted invasion of privacy, including but not
limited to medical information.
W. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, where 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 or a risk to transportation or national
security.
X. To the appropriate Federal, State, local, tribal, territorial,
foreign, or international agency responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation,
order, license, or treaty, where DHS/TSA determines that the
information would assist in the enforcement of a civil or criminal law.
Disclosure to consumer reporting agencies:
Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made from this
system to consumer reporting agencies collecting on behalf of the
United States Government.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records are maintained on paper and in computer-accessible storage
media. Records are also stored on microfiche and roll microfilm.
Retrievability:
Records are retrieved by name, address, Social Security number,
administrative action or legal enforcement numbers, or other assigned
identifier of the individual on whom the records are maintained.
Safeguards:
Information in this system is safeguarded in accordance with
applicable laws, rules and policies. All records are protected from
unauthorized access through appropriate administrative, physical, and
technical safeguards. These safeguards include restricting access to
authorized personnel who also have a need-to-know; using locks, alarm
devices, and passwords; and encrypting data
[[Page 28046]]
communications. Strict control measures are enforced to ensure that
access to classified and/or sensitive information in these records is
also based on ``need to know.'' Electronic access is limited by
computer security measures that are strictly enforced. TSA file areas
are locked after normal duty hours and the facilities are protected
from the outside by security personnel.
Retention and disposal:
National Archives and Records Administration approval is pending
for the records in this system. Paper records and information stored on
electronic storage media are maintained within TSA for five years and
then forwarded to Federal Records Center. Records are destroyed after
ten years.
System manager and address:
Information Systems Program Manager, Office of the Chief Counsel,
TSA Headquarters, West Tower, 8th Floor, TSA-2, 601 S. 12th Street,
Arlington, VA 22202-4220.
Notification procedure:
To determine whether this system contains records relating to you,
write to the System Manager identified above.
Record access procedure:
Same as ``Notification Procedures'' above. Provide your full name
and a description of information that you seek, including the time
frame during which the record(s) may have been generated. Individuals
requesting access must comply with the Department of Homeland Security
Privacy Act regulations on verification of identity (6 CFR 5.21(d)).
Contesting record procedures:
Same as ``Notification Procedure,'' and ``Record Access
Procedures'' above.
Record source categories:
Information contained in this system is obtained from the alleged
violator, TSA employees or contractors, witnesses to the alleged
violation or events surrounding the alleged violation, other third
parties who provided information regarding the alleged violation, State
and local agencies, and other Federal agencies.
Exemptions claimed for the system:
Portions of this system are exempt under 5 U.S.C. 552a(k)(1) and
(k)(2). Portions of the system pertaining to investigations or
prosecutions of violations of criminal law are exempt under 5 U.S.C.
552a(j)(2). These exemptions are reflected in the final rule published
on August 4, 2006 in 71 FR 44223.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-11917 Filed 5-18-10; 8:45 am]
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