[Federal Register Volume 75, Number 219 (Monday, November 15, 2010)]
[Notices]
[Pages 69689-69693]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-28566]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0052]
Privacy Act of 1974; Department of Homeland Security Office of
Operations Coordination and Planning--003 Operations Collection,
Planning, Coordination, Reporting, Analysis, and Fusion 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 establish a new
Department of Homeland Security system of records titled, ``Department
of Homeland Security Office of Operations Coordination and Planning--
003 Operations Collection, Planning, Coordination, Reporting, Analysis,
and Fusion System of Records.'' This system of records will allow the
Department of Homeland Security Office of Operations Coordination and
Planning, including the National Operations Center, to collect, plan,
coordinate, report, analyze, and fuse information related to all-
threats and all-hazards, law enforcement activities, intelligence
activities, man-made disasters and acts of terrorism, natural
disasters, and other information collected or received from federal,
state, local, tribal, and territorial agencies and organizations;
foreign governments and international organizations; domestic security
and emergency management officials; and private sector entities or
individuals into the Department.
Some of the records in this system are in part transferred from the
Department of Homeland Security/Information Analysis and Infrastructure
Protection--001 Homeland Security Operations Center Database system of
records, April 15, 2005, with the overall intent of narrowing the focus
of these records to the specific purpose outlined in this system of
records notice. It is the Department's intent, after all records are
transferred into this and other system of records, to retire the
Department of Homeland Security/Information Analysis and Infrastructure
Protection--001 Homeland Security Operations Center Database system of
records.
Additionally, the Department of Homeland Security is issuing a
Notice of Proposed Rulemaking concurrent with this system of records
elsewhere in the Federal Register. This newly established system will
be included in the Department of Homeland Security's inventory of
record systems.
DATES: Submit comments on or before December 15, 2010. This new system
will be effective December 15, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0052 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:
Michael Page (202-357-7626), Privacy Point of Contact, Office of
Operations Coordination and Planning, Department of Homeland Security,
Washington, DC 20528. For privacy issues please contact: Mary Ellen
Callahan (703-235-0780), Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) Office of Operations Coordination
and Planning (OPS), including the National Operations Center (NOC),
proposes to establish a new DHS system of records titled, ``DHS/OPS--
003 Operations Collection, Planning, Coordination,
[[Page 69690]]
Reporting, Analysis, and Fusion System of Records.''
This system of records will allow DHS/OPS, including the NOC, to
collect, plan, coordinate, report, analyze, and fuse information
related to all-threats and all-hazards, law enforcement activities,
intelligence activities, man-made disasters and acts of terrorism,
natural disasters, and other information collected or received from
federal, state, local, tribal, and territorial agencies and
organizations; foreign governments and international organizations;
domestic security and emergency management officials; and private
sector entities or individuals into the Department.
OPS serves as a joint operations coordination and planning
capability at the strategic level to support internal DHS operational
decision making, DHS leadership, and participation in interagency
operations. OPS integrates DHS and interagency planning and operations
coordination in order to prevent, protect, and respond to and recover
from all-threats and all-hazards, man-made disasters and acts of
terrorism, and natural disasters.
The NOC serves as the nation's homeland security center for
information sharing and domestic incident management, dramatically
increasing coordination between federal, state, local, tribal, and
territorial agencies and organizations; foreign governments and
international organizations; domestic security and emergency management
officials; and private sector entities or individuals. The NOC collects
and fuses information from a variety of sources everyday to help deter,
detect, and prevent terrorist acts as well as to prepare for, respond
to, and recover from all-threats and all-hazards, man-made disasters
and acts of terrorism, and natural disasters. Operating 24 hours a day,
seven days a week, 365 days a year, the NOC provides real-time
situational awareness and monitoring of the homeland, coordinates
incidents and response activities, and, in conjunction with other DHS
components, issues advisories and bulletins concerning threats to
homeland security, including natural disasters, as well as specific
protective measures. Information on domestic incident management is
shared with state Fusion Centers and Emergency Operations Centers (EOC)
at all levels through Watch Officer Desks located in the NOC.
The purpose of this system is to:
1. Collect, plan, coordinate, and analyze all-threats and all-
hazards, law enforcement activities, intelligence activities, man-made
disasters and acts of terrorism, natural disasters, and other
information collected or received from Federal, State, local, tribal,
and territorial agencies and organizations; foreign governments and
international organizations; domestic security and emergency management
officials; and private sector entities or individuals; and
2. Report, integrate, and fuse such information throughout DHS in
order to share information, increase coordination, identify and assess
the nature and scope of information and understand risks in light of
potential or actual vulnerabilities to the homeland; and help deter,
detect, and prevent terrorist acts as well as to prepare for, respond
to, and recover from all-threats and all-hazards, man-made disasters
and acts of terrorism, and natural disasters.
DHS is authorized to implement this program primarily through 5
U.S.C. 301, 552, 552a; 44 U.S.C. 3101; 6 U.S.C. 121; Sec. Sec. 201 and
514 of the Homeland Security Act of 2002, as amended; Sec. 520 of the
Post Katrina Emergency Management Reform Act; 44 U.S.C. 3101; Executive
Order (E.O.) 12958; E.O. 9397; E.O. 12333; E.O. 13356; E.O. 13388; and
Homeland Security Presidential Directive 5. This system has an effect
on individual privacy that is balanced by the need to collect, plan,
coordinate, report, analyze, and fuse homeland security information
coming into and going out of OPS, including the NOC. Routine uses
contained in this notice include sharing with the Department of Justice
(DOJ) for legal advice and representation; to a congressional office at
the request of an individual; to the National Archives and Records
Administration (NARA) for records management; to contractors in support
of their contract assignment to DHS; to appropriate Federal, State,
tribal, local, international, foreign agency, or other appropriate
entity including the privacy sector in their role aiding OPS in their
mission; to agencies, organizations or individuals for the purpose of
audit; to agencies, entities, or persons during a security or
information compromise or breach; to an agency, organization, or
individual when there could potentially be a risk of harm to an
individual; and to the news media in the interest of the public. A
review of this system is being conducted to determine if the system of
records collects information under the Paperwork Reduction Act (PRA).
Consistent with DHS's information sharing mission, information
contained in the DHS/OPS--003 Collection, Planning, Coordination,
Reporting, Analysis, and Fusion System of Records may be shared with
other DHS components, as well as appropriate Federal, State, local,
tribal, territorial, foreign, or international government agencies.
This sharing will only take place after DHS determines that the
receiving component or agency has a verifiable 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.
The information within this system that meets the functional
standard of the National Suspicious Activity Reporting Initiative will
be placed into the DHS/ALL--031 Information Sharing Environment
Suspicious Activity Reporting Initiative (September 10, 2010, 75 FR
55335).
DHS is issuing a Notice of Proposed Rulemaking concurrent with this
system of records elsewhere in the Federal Register. This newly
established system will be included in DHS' 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 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
their records are put, and to assist individuals to more easily find
such files within the
[[Page 69691]]
agency. Below is the description of the DHS/OPS--003 Collection,
Planning, Coordination, Reporting, Analysis, and Fusion 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 Management and Budget and to
Congress.
System of Records
DHS/OPS--003
System name:
DHS/OPS--003 Collection, Planning, Coordination, Reporting,
Analysis, and Fusion System of Records.
Security classification:
Unclassified, For Official Use Only, Law Enforcement Sensitive, and
Classified.
System location:
Records are maintained at the Department of Homeland Security (DHS)
Office of Operations Coordination and Planning (OPS) National
Operations Center (NOC) Headquarters in Washington, DC and field
locations.
Categories of individuals covered by the system:
Categories of individuals covered by the system may include:
Federal, State, local, tribal, and territorial officials;
foreign government and international officials; domestic security and
emergency management officials; and private sector individuals who
request assistance from, provide information to, are the subject of, or
participate with the Department in activities related to all-threats
and all-hazards, man-made disasters and acts of terrorism, and natural
disasters;
Individuals who request assistance from the Department
related to all-threats and all-hazards, man-made disasters and acts of
terrorism, and natural disasters;
Individuals who provide information to the Department
related to all-threats and all-hazards, man-made disasters and acts of
terrorism, and natural disasters, including Suspicious Activity Reports
(SARs);
Individuals who are the subject of, or are linked in any
manner to, all-threats and all-hazards, man-made disasters and acts of
terrorism, and natural disasters with Departmental implications;
Individuals participating with, involved in, or the
subject of domestic security or law enforcement operations, with
Departmental implications, where activity is planned or has taken
place;
Individuals participating with or involved in emergency
management and first responder operations, with Departmental
implications, and where activity is planned or has taken place;
Individuals involved in natural disasters where activity
is planned or has taken place;
Individuals derived from intelligence information of
interest to the Department;
Individuals who make inquiries concerning all-threats and
all-hazards, man-made disasters and acts of terrorism, and natural
disasters;
Individuals who are or have been associated with DHS
operations.
Categories of records in the system:
Categories of records in the system may include:
Full name;
Date and place of birth;
Social Security Number (Many state, local, tribal,
territorial, domestic security, emergency management, and private
sector individuals, organizations and agencies collect/use SSN's as an
identifier and may be shared with the Department);
Citizenship;
Contact information including phone numbers and email
addresses;
Address;
Physical description including height, weight, eye and
hair color;
Distinguishing marks including scars, marks, and tattoos;
Automobile registration information;
Watch list information;
Medical records;
Financial information;
Results of intelligence analysis and reporting;
Ongoing law enforcement investigative information;
Historical law enforcement information;
Information systems security analysis and reporting;
Public source data including commercial databases, media,
newspapers, and broadcast transcripts;
Intelligence information including links to terrorism, law
enforcement and any criminal and/or incident activity, and the date
information is submitted;
Intelligence and law enforcement information obtained from
federal, state, local, tribal, and territorial agencies and
organizations, foreign governments and international organizations; law
enforcement, domestic security and emergency management officials; and
private sector entities or individuals;
Information provided by individuals, regardless of the
medium, used to submit the information;
Information obtained from the Federal Bureau of
Investigation's (FBI) Terrorist Screening Center (TSC), or on terrorist
watchlists, about individuals known or reasonably suspected to be
engaged in conduct constituting, preparing for, aiding, or relating to
terrorism;
Data about the providers of information, including the
means of transmission of the data; (e.g. where it is determined that
maintaining the identity of the source of investigative lead
information may be necessary to provide an indicator of the reliability
and validity of the data provided and to support follow-on
investigative purposes relevant and necessary to a legitimate law
enforcement or homeland security matter, such data may likely warrant
retention. Absent such a need, no information on the provider of the
information would be maintained)
Scope of terrorist, law enforcement, or natural threats to
the homeland;
National disaster threat and activity information;
The date and time national disaster information is
submitted, and the name of the contributing/submitting individual or
agency;
Limited data concerning the providers of information,
including the means of transmission of the data may also be retained
where necessary. Such information on other than criminal suspects or
subjects is accepted and maintained only to the extent that the
information provides descriptive matters relevant to a criminal subject
or organization and has been deemed factually accurate and relevant to
ongoing homeland security situational awareness and monitoring efforts.
Name of the contributing or submitting agency,
organization, or individual.
Authority for maintenance of the system:
5 U.S.C. 301, 552, 552a; 44 U.S.C. 3101; 6 U.S.C. Sec. 121;
Sec. Sec. 201 and 514 of the Homeland Security Act of 2002, as
amended; Sec. 520 of the Post Katrina Emergency Management Reform Act;
44 U.S.C. 3101; Executive Order (E.O.) 12958; E.O. 9397; E.O. 12333;
E.O. 13356; E.O. 13388; and Homeland Security Presidential Directive 5.
Purpose(s):
The purpose of this system is to:
1. Collect, plan, coordinate, and analyze all-threats and all-
hazards, law enforcement activities, intelligence activities, man-made
disasters and acts of terrorism, natural disasters, and other
information collected or received from Federal, State, local, tribal,
and territorial agencies and organizations; foreign governments and
international organizations; domestic security and
[[Page 69692]]
emergency management officials; and private sector entities or
individuals; and
2. Report, integrate, and fuse such information throughout DHS in
order to share information, increase coordination, identify and assess
the nature and scope of said information and understand risks in light
of potential or actual vulnerabilities to the homeland; and help deter,
detect, and prevent terrorist acts as well as to prepare for, respond
to, and recover from all-threats and all-hazards, man-made disasters
and acts of terrorism, and natural disasters.
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 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 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 appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital interests of a data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or to combat other significant public health
threats; appropriate notice will be provided of any identified health
threat or risk.
I. To a Federal, State, tribal, local or foreign government agency
or organization, or international organization, lawfully engaged in
collecting law enforcement intelligence information, whether civil or
criminal, or charged with investigating, prosecuting, enforcing or
implementing civil or criminal laws, related rules, regulations or
orders, to enable these entities to carry out their law enforcement
responsibilities, including the collection of law enforcement
intelligence.
J. To Federal and foreign government intelligence or
counterterrorism agencies or state, local, tribal or territorial
components where DHS becomes aware of an indication of a threat or
potential threat to national or international security.
K. To Federal and foreign government intelligence or
counterterrorism agencies or state, local, tribal or territorial
components where the information is or may be terrorism-related
information and such use is to assist in anti-terrorism efforts.
L. To an organization or individual in either the public or private
sector, where there is a reason to believe that the recipient is or
could become the target of a particular terrorist activity or
conspiracy, to the extent the information is relevant to the protection
of life or property.
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' 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:
Much of the data within this system does not pertain to an
individual; rather, the information pertains to locations, geographic
areas, facilities, and other things or objects not related to
individuals. However, some personal information is captured. Personal
data
[[Page 69693]]
may be retrieved by NOC tracker numbers, name, social security number
and other identifiers listed under the Categories of Records Section.
Most information is stored as free text and any word, phrase, or number
is searchable.
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:
OPS is working with the DHS Records Officer to develop a NARA
approved retention schedule.
System Manager and address:
Director, Office of Operations Coordination and Planning, National
Operations Center, Department of Homeland Security, Washington, DC
20528.
Notification procedure:
The Secretary of Homeland Security is proposing to exempt this
system from the notification, access, and amendment procedures of the
Privacy Act. However, DHS/OPS will consider individual requests to
determine whether or not information may be released. 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 OPS FOIA Officer, whose contact information can
be found at http://www.dhs.gov/foia under ``contacts.''
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 Chief Privacy
Officer and Chief Freedom of Information Act Officer, 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;
and
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 contained in this system is obtained from subject
individuals, other Federal, State, local and tribal agencies and
organizations, domestic and foreign media, including periodicals,
newspapers, and broadcast transcripts, public and classified data
systems, reporting individuals, intelligence source documents,
investigative reports, and correspondence.
Exemptions claimed for the system:
The Secretary of Homeland Security has exempted this system from
the following provisions of the Privacy Act, subject to the limitation
set forth in 5 U.S.C. 552a(c)(3); (d); (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I); and (f) pursuant to 5 U.S.C. 552a(k)(1), (k)(2), and (k)(3).
Dated: November 5, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-28566 Filed 11-12-10; 8:45 am]
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