[Federal Register: April 18, 2005 (Volume 70, Number 73)]
[Notices]
[Page 20156-20158]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18ap05-71]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[DHS2005-0028]
Privacy Act of 1974; Systems of Records: Homeland Security
Operations Center Database
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of Privacy Act systems 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 add a new system
of records to its inventory of record systems, the Homeland Security
Operations Center Database.
DATES: Comments must be received on or before May 18, 2005.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2004-xxxx, by one of the following methods:
EPA Federal Partner EDOCKET Web site: http://www.epa.gov/feddocket.
Follow instructions for submitting comments on the Web site.
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 772-5036 (This is not a toll-free number).
Mail: Sandy Ford Page, Director, Disclosure Officer,
Office of the Chief Of Staff, Office of the Under Secretary for
Information Analysis and Infrastructure Protection, Department of
Homeland Security, Washington, DC 20528; Nuala O'Connor Kelly, Chief
Privacy Officer, Department of Homeland Security, 245 Murray Lane,
Building 410, Washington, DC 20528.
Hand Delivery / Courier: Nuala O'Connor Kelly, DHS Chief
Privacy Officer, 245 Murray Lane, Building 410, Washington, DC 20528.
Instructions: All submissions received must include the agency name
and docket number for this notice. All comments received will be posted
without change to http://www.epa.gov/feddocket, including any personal
information provided. For detailed instructions on submitting comments
and additional information on the rulemaking process, see the ``Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.
Docket: For access to the docket to read background documents or
comments received, go to http://www.epa.gov/feddocket You may also access the Federal eRulemaking Portal at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Sandy Ford Page, Director, Disclosure
Office, Office of the Chief of Staff, Office of the Under Secretary for
Information Analysis and Infrastructure Protection, Department of
Homeland Security, Washington, DC by telephone (202) 282-8522 or
facsimile (202) 282-9069; Nuala O'Connor Kelly, Chief Privacy Officer,
Department of Homeland Security, Washington, DC 20528 by telephone
(202) 772-9848 or facsimile (202) 772-5036.
SUPPLEMENTARY INFORMATION: The Department of Homeland Security (DHS) is
composed of five directorates. The mission of the Directorate for
Information Analysis and Infrastructure Protection (IAIP) is to help
deter, prevent, and mitigate acts of terrorism by assessing
vulnerabilities in the context of changing threats. Within IAIP, the
Homeland Security Operations Center (HSOC) serves as the technological
platform to receive threat information, integrate it and disseminate it
in order to support the following activities of IAIP:
a. Maintaining domestic situational awareness;
b. Facilitating homeland security information sharing and
operational coordination with other operations centers to include
incident management;
c. Monitoring threats and assisting in dissemination of homeland
security threat warnings, advisory bulletins, and other information
pertinent to national incident management;
d. Providing general situational awareness and support to, and
acting upon, requests for information generated by the Interagency
Incident Management Group; and
e. Facilitating domestic incident awareness, prevention,
deterrence, and response and recovery activities, as well as direction
to DHS components.
DHS is establishing a new system of records under the Privacy Act
(5 U.S.C. 552a), which will be maintained in the IAIP Directorate, the
Homeland Security Operations Center Database. 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 personally identifiable information. 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 from which information is retrieved by the name of the
individual or by some
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identifying number, symbol, or other identifying particular assigned to
the individual. Individuals may request their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires that each agency publish in the Federal
Register a description denoting the type and character of each system
of records in order to make agency recordkeeping practices transparent,
to notify individuals about the use to which personally identifiable
information is put, and to assist the individual to more easily find
files within the agency.
This system of records notice describes the HSOC database within
IAIP. The information in the HSOC database includes intelligence
information and other information received from agencies and components
of the Federal Government, foreign governments, organizations or
entities, international organizations, state and local government
agencies (including law enforcement agencies), and private sector
entities, as well as information provided by individuals, regardless of
the medium used to submit the information or the agency to which it was
submitted. This system also contains: information regarding persons on
watch lists with possible links to terrorism; the results of
intelligence analysis and reporting; ongoing law enforcement
investigative information, information systems security analysis and
reporting; historical law enforcement information, operational and
administrative records; financial information; and public-source data
such as that contained in media reports and commercial databases as
appropriate to identify and assess the nature and scope of terrorist
threats to the homeland, detect and identify threats of terrorism
against the United States, and understand such threats in light of
actual and potential vulnerabilities of the homeland. Data about the
providers of information, including the means of transmission of the
data is also retained.
IAIP will use the information in the HSOC database to access,
receive, and analyze law enforcement information, intelligence
information, and other information and to integrate such information in
order to identify and assess the nature and scope of terrorist or other
threats to the homeland.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget (OMB)
and to the Congress.
DHS/IAIP-001
System Name:
Homeland Security Operations Center Database
Security Classification:
Classified; sensitive
System Location:
Records are maintained at the Homeland Security Operations Center,
Office of the Undersecretary for Information Analysis and
Infrastructure Protection, Department of Homeland Security, Washington,
DC 20528.
Category of Individuals Covered by the System:
Individuals who have been linked in any manner to potential
terrorism, to other domestic incidents with homeland security
implications, or whose behavior arouses reasonable suspicion of
possible terrorist activity; individuals who are the subject of
information pertaining to terrorism and/or homeland security;
individuals who offer information pertaining to terrorism and/or
homeland security; individuals who request assistance or information;
or individuals who make inquiries concerning possible terrorist
activity. The system will also contain information about individuals
who are or have been associated with DHS homeland security operations
or with DHS administrative operations.
Categories of Records in the System:
Intelligence information obtained from agencies and components of
the Federal Government, foreign governments, organizations or entities,
international organizations, state and local government agencies
(including law enforcement agencies), and private sector entities;
information provided by individuals, regardless of the medium used to
submit the information; information obtained from the Terrorist
Screening Center or on terrorist watch lists about individuals known or
reasonably suspected to be engaged in conduct constituting, preparing
for, aiding, or relating to terrorism; results of intelligence analysis
and reporting; ongoing law enforcement investigative information;
information systems security analysis and reporting; historical law
enforcement information; operational and administrative records;
financial information; and public source data such as that contained in
media reports and commercial databases. Data about the providers of
information, including the means of transmission of the data, will also
be retained.
Authority for Maintenance of the System:
5 U.S.C. 301, 552, 552a; Section 201 of the Homeland Security Act
of 2002, Pub. L. 107-296, 116 Stat. 2145 (Nov. 25, 2002), as amended (6
U.S.C. 121); 44 U.S.C. 3101; E.O. 12958; E.O. 9397.
Purpose(s):
This record system is maintained to collect, access, and analyze
law enforcement information, intelligence information, and other
information from agencies of the Federal Government, foreign
governments, international organizations, state and local government
agencies (including law enforcement agencies), and private sector
entities or individuals; and to integrate such information in order to:
detect, identify and assess the nature and scope of terrorist or other
threats to the United States; and understand such threats in light of
actual and potential vulnerabilities of the homeland.
Routine Uses of Records Maintained in the System:
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. If the record, on its face or in conjunction with other
information, indicates a violation or potential violation of any law,
regulation, rule, order, or contract, the record may be disclosed to
the appropriate entity, whether federal, state, local, joint, tribal,
foreign, or international, that is charged with the responsibility of
investigating, prosecuting and/or enforcing such law, regulations,
rule, order or contract.
B. To a Federal, state, local, joint, tribal, foreign,
international or other public agency or organization, or to any person
or entity in either the public or private sector, domestic or foreign,
where such disclosure may promote assist or otherwise serve homeland or
national security interests.
C. 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.
D. To recipients under circumstances and procedures as are mandated
by Federal statute, treaty, or international agreement.
E. To the news media or members of the general public in
furtherance of a function related to homeland security as
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determined by the system manager where disclosure could not reasonably
be expected to constitute an unwarranted invasion of privacy.
F. To the Department of Justice or other federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when: (a) DHS, or (b) any employee of DHS in his/
her official capacity, or (c) any employee of DHS in his/her individual
capacity where DOJ or DHS has agreed to represent the employee, or (d)
the United States or any agency thereof, is a party to the litigation
or has an interest in such litigation.
G. 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.
H. 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. Sections 2904 and
2906.
I. To contractors, grantees, experts, consultants, volunteers, and
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for the Federal government, when
necessary to accomplish an agency function related to this system of
records.
J. To an agency, organization, or individual for the purposes of
performing authorized audit or oversight operations.
K. To a Federal, state, local, tribal, territorial, foreign, or
international agency, if necessary to obtain information relevant to a
Department of Homeland Security decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
reporting of an investigation of any employee, the letting of a
contract, or the issuance of a license, grant, or other benefit.
L. To a Federal, state, local, tribal, territorial, foreign, or
international agency, in response to its request, in connection with
the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant, or other
benefit by the requesting agency, to the extent that the information is
relevant and necessary to the requesting agency's decision on the
matter.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records in this system are stored electronically at the HSOC in a
secure facility. The records are stored on magnetic disc, tape, digital
media, and CD-ROM, and may also be retained in hard copy format in
secure folders.
Retrievability:
Data may be retrieved by the individual's name or other identifier.
Safeguards:
Information in this system is safeguarded in accordance with
applicable rules and policies, including any applicable IAIP and DHS
automated systems security and access policies. Strict controls have
been imposed to minimize the risks of compromising the information that
is being stored. Access to the computer system containing the records
in this system is limited to those individuals specifically authorized
and granted access by DHS regulations, who hold appropriate security
clearances, and who have a need to know the information in the
performance of their official duties. The system also maintains a real-
time auditing function of individuals who access the system. Classified
information is appropriately stored in a secured facility, in secured
databases and containers, and in accordance with other applicable
requirements, including those pertaining to classified information.
Access is limited to authorized personnel only.
Retention and Disposal:
IAIP is working with the National Archives and Records
Administration to obtain approval of a records retention and disposal
schedule to cover records in the HSOC database. IAIP has proposed a
short retention schedule for these records.
System Manager(s) and Address:
Director, Disclosure Office, Office of the Chief of Staff, Office
of the Undersecretary for Information Analysis and Infrastructure
Protection, Department of Homeland Security, Washington, D.C. 20528.
Notification Procedures:
To determine whether this system contains records relating to you,
write to the System Manager identified above.
Records Access Procedures:
A request for access to records in this system may be made by
writing to the System Manager, identified above, in conformance with 6
CFR Part 5, Subpart B, which provides the rules for requesting access
to Privacy Act records maintained by DHS.
Contesting Record Procedures:
Same as ``Record Access Procedures,'' above.
Record Source Categories:
Information contained in this system is obtained from subject
individuals, other agencies and organizations, both domestic and
foreign, media, including periodicals, newspapers, and broadcast
transcripts and public and classified reporting, privacy organizations
and individuals, intelligence source documents, investigative reports,
and correspondence.
Exemptions Claimed for the System:
Portions of this system are exempt under 5 U.S.C. 552a((j)(2),
(k)(1), and (k)(2).
Dated: April 7, 2005.
Nuala O'Connor Kelly,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 05-7704 Filed 4-15-05; 8:45 am]
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