[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18857-18860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8313]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0146]
Privacy Act of 1974; Department of Homeland Security Citizenship
and Immigration Services Ombudsman-001 Virtual Ombudsman 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 notice titled,
``Department of Homeland Security Citizenship and Immigration Services
Ombudsman-001 Virtual Ombudsman System of Records.'' This system of
records will ensure the efficient and secure processing of information
to aid the Citizenship and Immigration Services Ombudsman in providing
assistance to individuals, employers, and their representatives in
resolving problems with U.S. Citizenship and Immigration Services;
identify areas in which individuals, employers, and their
representatives have problems working with U.S. Citizenship and
Immigration Services; and to the extent possible, propose changes to
mitigate problems pursuant to 6 U.S.C. 272. This newly established
system will be included in the Department of Homeland Security's
inventory of record systems.
DATES: Submit comments on or before May 13, 2010. This new system will
be effective May 13, 2010.
ADDRESSES: You may submit comments, identified by docket number DHS-
2009-0146 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:
Raymond Mills (202-357-8100), Privacy Point of Contact, Office of the
Citizenship and Immigration Services Ombudsman, 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
Pursuant to the Privacy Act of 1974, (5 U.S.C. 552a), the
Department of Homeland Security (DHS) Citizenship and Immigration
Services Ombudsman (CISOMB) is giving notice that it proposes to
establish a new DHS system of records notice titled, ``DHS/CISOMB-001
Virtual Ombudsman System of Records.'' This system of records will
ensure the efficient and secure processing of information to aid the
CISOMB in providing assistance to individuals, employers, and their
representatives in resolving problems with U.S. Citizenship and
Immigration Services (USCIS); identify areas in which individuals,
employers, and their representatives have problems working with USCIS;
and to the extent possible, propose changes to mitigate problems
pursuant 6 U.S.C. 272.
CISOMB has developed the DHS/CISOMB-001 Virtual Ombudsman System of
Records to ensure the efficient and secure processing of information
and to aid the Ombudsman in assisting individuals and employers in
making systemic recommendations to USCIS. The core of the DHS/CISOMB-
001 Virtual Ombudsman System of Records is CISOMB's Web form 7001 which
is a user interface Web-based form which will automatically convert
information submitted by an individual or employer into a case within
CISOMB's account within Internet Quorum/Enterprise Correspondence
Tracking (IQ/ECT) system. IQ/ECT is the Department's enterprise-wide
correspondence and case management tracking system. This system allows
the Department's headquarters and components to manage cases and
resolve issues in a coordinated and timely manner. For more information
on IQ/ECT, please view the Enterprise Correspondence Tracking System
PIA at http://www.dhs.gov/privacy. The system also enables CISOMB to
segregate data into several categories to generate internal reports,
provide customized feedback to individuals and employers, and supply
real-time aggregated
[[Page 18858]]
statistical information for the CISOMB to assist individuals and
employers with their problems with USCIS.
The purpose of this system is to provide efficient and secure case
management and processing of information related to individuals and
employers problems allowing the Ombudsman to make systemic
recommendations to USCIS. The Department's authority for this
collection is primarily Section 452 of the Homeland Security Act of
2002. This system will collect individuals' personal information to
support the Ombudsman's efforts to make recommendations to USCIS
pursuant to 6 U.S.C. 272. Efforts have been made to safeguard records
in accordance with applicable rules and policies, including all
applicable DHS automated systems security and access policies. Strict
controls have been imposed to minimize 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. The
routine uses posted cover sharing with the Department of Justice for
legal representation; to Congress at the request of a constituent; to
the National Archives and Records Administration for records retention
and disposal; to agencies, organizations, and individuals for purposes
of audit as well as for security breaches; to contractors of the
Department in performance of their contractual duties; to appropriate
agencies and entities for investigations and prosecutions; and to an
attorney or representative who is acting on behalf of an individual.
This system collects information under the Paperwork Reduction Act
using the following form: DHS Form 7001, Case Problem Submission
Worksheet and Supporting Statement Case Problem Submission, OMB Control
Number 1601-0004, Expiration Date 01/01/2013.
This newly established system will be included in DHS's inventory
of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and 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 agency. Below is the description of the DHS/
CISOMB-001 Virtual Ombudsman 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/CISOMB-001
System name:
Citizenship and Immigration Services Ombudsman--001 Virtual
Ombudsman System of Records.
Security classification:
Unclassified.
System location:
Records are maintained at Citizenship and Immigration Services
Ombudsman Headquarters in Washington, DC.
Categories of individuals covered by the system:
Categories of individuals covered by this system include: any
member of the general public, including individuals, employers, and
their representatives seeking assistance from the Citizenship and
Immigration Services Ombudsman in resolving general matters, issues, or
problems with USCIS.
Categories of records in the system:
Categories of records in this system include:
Individual's full legal name including any aliases;
Individual's date and country of birth;
Individual's legal citizenship;
Individual's alien (``A'') number;
Full legal name of person preparing form if other than the
individual named in the case;
Applications and petitions filed;
Receipt number located on the top left hand corner of
Notice of Action (Form I-797) received from USCIS in response to the
application/petition filed;
Immigration status or interim benefit applied or
petitioned for;
Type of case problem;
Source of case problem;
Description of case problem;
Prior actions taken to remedy the problem;
Designated attorney/representative;
Consent of the petitioner for USCIS to disclose
information in the file to the designated representative;
Verification statement signed and dated by the individual
of the inquiry or the authorized representative; and
Declaration by the individual or the attorney or
representative submitting the case problem.
Authority for maintenance of the system:
Section 452 of the Homeland Security Act of 2002.
Purpose(s):
The purpose of this system is to provide efficient and secure case
management and processing of information related to individuals and
employers problems with USCIS.
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), and in accordance with 6
U.S.C. 272, 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
[[Page 18859]]
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 a CISOMB 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 an attorney or representative who is acting on behalf of an
individual covered by this system of records to obtain the individual's
information submitted to the Virtual Ombudsman System.
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 may be retrieved by CISOMB Case Number, Alien Registration
Number, or by the individuals' name.
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:
In accordance with National Archives and Records Administration
approved retention and disposal policy N1-563-08, processed case files
are cut off at the final disposition of the case and are deleted or
destroyed ten years after cutoff. Uncompleted case files are the record
copy of cases where additional information is requested, but not
received. Cases are closed 30 days after the request for additional
information. These records are cut off 30 days from date of request if
no response, and are deleted or destroyed 5 years after cutoff.
System Manager and address:
CISOMB VOS Project Manager (202-357-8100), Office of the
Citizenship and Immigration Services Ombudsman, Department of Homeland
Security, Washington, DC 20528.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to the CISOMB's 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 FOIA Officer at 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 originates from stakeholders and customers who contact
the CISOMB.
Exemptions claimed for the system:
None.
[[Page 18860]]
Dated: March 19, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-8313 Filed 4-12-10; 8:45 am]
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