[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Notices]
[Pages 12745-12749]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5100]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2010-0055]
Privacy Act of 1974; Department of Homeland Security Office of
Operations Coordination and Planning--002 National Operations Center
Tracker and Senior Watch Officer Logs 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 proposes to establish a new Department of Homeland
Security system of records notice titled, ``Department of Homeland
Security Office of Operations Coordination and Planning--002 National
Operations Center Tracker and Senior Watch Officer Logs System of
Records.'' This system of records consists of a National Operations
Center and Senior Watch Officer Tracker Logs. The Senior Watch Officer
Tracker Log is a synopsis, in the form of a word document, that records
all significant information received and actions taken by the Senior
Watch Officer during the shift. The National Operations Center Tracker
Log is the underlying cumulative repository of responses to all-threats
and all-hazards, man-made disasters and acts of terrorism, and natural
disasters, and requests for information that require a National
Operations Center tracking number. The National Operations Center
tracker numbers are used in a wide variety of products originated by
the Department or external sources. They are shared
[[Page 12746]]
inside and outside of the Department and serve as shorthand for tying
data, used in internal and external reports, and agency actions to the
event that caused them. The National Operations Center Tracker Log
contains a copy of all documents and information that is requested,
shared, and/or researched between all National Operations Center Watch
Officer Desks. Because of the depth and breadth of information that the
NOC receives, categories of individuals and records are broad so as to
cover the possibility of this personally identifiable information
entering this Privacy Act system of records within the NOC.
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.
The Department of Homeland Security has issued a Notice of Proposed
Rulemaking consistent 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 April 7, 2011. This new system will
be effective April 7, 2011.
ADDRESSES: You may submit comments, identified by docket number DHS-
2010-0055 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) proposes to establish a new DHS system of records
titled, ``DHS/OPS--002 National Operations Center Tracker and Senior
Watch Officer Logs System of Records.''
The primary role of the Senior Watch Officer (SWO) and the Watch
Officer Desks, is to provide technical assistance directly in support
of the DHS core missions to provide situational awareness and establish
a common operating picture for 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 as it relates to
all-threats and all-hazards, man-made disasters and acts of terrorism,
and natural disasters, and ensure that information reaches government
decision-makers.
The SWO Tracker Log is a synopsis, in the form of a word document,
that records all significant information received and actions taken
during a shift. The NOC Tracker Log is the underlying cumulative
repository of all NOC responses to threats, incidents, significant
activities and Requests for Information (RFI) that require a NOC
tracking number. The NOC Tracker Log contains a copy of all documents
and information that is requested, shared, and/or researched between
all NOC watch stander desks.
The purpose of this system is to tie together the high volume of
information, requests and responses for information, and data
collection relevant to discreet events and issues as they arise, and
making that information easily accessible in an organized form should a
future event benefit from previously gathered information. The tracker
numbers are used in a wide variety of products originated by the DHS/
OPS NOC. They are shared inside and outside of DHS and serve as
shorthand for tying data, use in internal and external reports, and
agency actions to the event that caused them. 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; Sections 201 and 514 of the Homeland
Security Act of 2002, as amended; Section 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 fuse information
together and tracking 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 risk; to an agency, organization, or individual when
there could potentially be a risk to an individual; and to the news
media in the interest of the public. None of the information collected
by this system is done so under the Paperwork Reduction Act (PRA).
Consistent with DHS's information sharing mission, information
stored in the DHS/OPS--002 National Operations Center and Senior Watch
Officer Tracker Log System of Records may be shared with other DHS
components, as well as appropriate 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. 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. DHS has issued a Notice of Proposed Rulemaking
consistent with this system of records elsewhere in the Federal
Register. This newly established system will be included in DHS's
inventory of record systems.
[[Page 12747]]
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
which their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of the DHS/
OPS--002 National Operations Center and Senior Watch Officer Tracker
Log 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--002
System name:
DHS/OPS--002 National Operations Center Tracker and Senior Watch
Officer Logs 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:
May include any individual whose interactions with OPS or the NOC
are tracked by the NOC or the Senior Watch Officer. Those individuals
may include: Federal, State, local, Tribal, and territorial officials;
foreign government and international officials; domestic security and
emergency management officials; private sector individuals; and members
of the general public or international community.
Categories of records in the system:
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, e-mail
addresses, and 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);
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. 121; Sections 201
and 514 of the Homeland Security Act of 2002, as amended; Section 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 the system, including the NOC Tracker Log, the SWO
Log, their corresponding tracker numbers, and the Incident Tracking
Index is to tie together the high volume of information, requests and
responses for information, and data collection relevant to discreet
events and issues as they arise, and to make that information easily
accessible in an organized form should a future event benefit from
previously gathered information. The tracker numbers are
[[Page 12748]]
used in a wide variety of products originated by the DHS/OPS NOC.
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 the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the information or when
disclosure is necessary to preserve confidence in the integrity of DHS
or is necessary to demonstrate the accountability of DHS's officers,
employees, or individuals covered by the system, except to the extent
it is determined that release of the specific information in the
context of a particular case would constitute an 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 may be retrieved by NOC or SWO 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 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 NARA approved records schedule N1-563-08-23,
files are maintained through the end of the calendar year in which the
data is no longer needed for current operational use and deleted or
destroyed 20 years after.
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 because it is a law enforcement system. 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
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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: March 2, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-5100 Filed 3-7-11; 8:45 am]
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