Treasury Directive 25-09
DATE: September 3, 2008
SUBJECT: Privacy and Civil Liberties Activities
Pursuant to Section 803 of the Implementing Recommendations of the 9/11
Commission Act of 2007, P.L. 110-53.
1. PURPOSE. This directive establishes the policy of the Department of the Treasury with respect to the activities of Chief Privacy and Civil Liberties Officer as directed by Section 803 of the Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53. This Directive also authorizes, at the discretion of the Chief Privacy and Civil Liberties Officer, the issuance of a handbook or other guidance to implement this policy.
2. SCOPE. This directive applies to all bureaus,
offices, and organizations in the Department of the Treasury. For the purposes of this Treasury Directive, Bureau Heads means: All Treasury bureau heads, the Treasury
Inspector General, the Treasury Inspector General for Tax Administration, and
the Assistant Secretary for Management and Chief Financial Officer (for the
Departmental Offices). The provisions of this directive shall not be
construed as to interfere with the authority of the Inspectors General as set
forth in Section 3 of the Inspector General Act and the Internal Revenue
Service Restructuring and Reform Act and defined in Treasury Order 114-01 and
Treasury Order 115-01 or successor orders.
3. POLICY. It is the policy of the Department to protect
the privacy and civil liberties of individuals by ensuring that due
consideration and regard for information privacy and civil liberties are
addressed in the execution of Departmental programs and policies.
4. RESPONSIBILITIES.
a. The
Assistant Secretary for Management and Chief Financial Officer has been designated
as the Treasury Department’s Chief Privacy and Civil Liberties Officer and
shall:
1) Assist heads
of offices and bureaus in considering privacy and civil liberties concerns
associated with their mission, including any proposed new requirements relating
to national security;
2) Ensure that the
Department adequately considers privacy and civil liberties in program
development and implementation;
3) Ensure that
the Department has adequate procedures to receive, investigate, respond to, and
redress complaints from individuals who allege violation of their privacy or
civil liberties, and adequate procedures to protect against reprisals or
threats of reprisals against employees who make a complaint or disclose
information that indicates a possible violation of privacy protections or civil
liberties in the Department’s administration of programs and operations;
4) When
providing advice on proposals to retain or enhance a particular governmental
power, consider whether:
(a) The need for the power is balanced with the need
for the protection of privacy and civil liberties;
(b) There is adequate supervision of the use of the
power to ensure protection of privacy and civil liberties; and
(c) There are adequate guidelines and oversight to
properly confine its use.
5) Compile and
forward the Department’s quarterly reports to Congress, the Secretary of the
Treasury, and the Privacy and Civil Liberties Oversight Board, which shall be
in unclassified form to the greatest extent possible, with a classified annex
where necessary; and
6) Make reports,
including reports to Congress, available to the public to the greatest extent
that is consistent with the protection of sensitive or classified information and
applicable law.
b. Heads of Bureaus shall:
1) Establish internal procedures consistent with Section 803 and this directive to ensure that the office or bureau appropriately considers privacy and civil liberties in program development and implementation;
2) Ensure that accurate and complete written reporting information that meets the requirements of Section 803 and this Directive are submitted in a timely manner to the Chief Privacy and Civil Liberties Officer for reporting purposes; and
3) Ensure that
the bureau or office has adequate procedures to receive, investigate, respond
to, and redress complaints from individuals who allege violation of their
privacy or civil liberties, and adequate procedures to protect against
reprisals or threats of reprisals against employees who make a complaint or
disclose information that indicates a possible violation of privacy protections
or civil liberties in the bureau’s or office’s administration of programs and
operations.
5. AUTHORITIES.
a. Implementing
Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53.
b. Treasury
Order 102-25, “Delegation of Authority Concerning Privacy and Civil Liberties.”
6. REFERENCES.
a. Privacy Act,
5 USC 552a, as amended.
b. E-Government
Act of 2002, P.L. 107-347
c. Intelligence
Reform and Terrorism Prevention Act of 2004, P.L. 108-458, as amended.
d. Consolidated
Appropriations Act 2005, P.L. 108-447, as amended.
e. Executive
Order 13353, Establishing the President’s Board on Safeguarding Americans’
Civil Liberties.
f. Executive
Order 13388, Further Strengthening the Sharing of Terrorism Information to
Protect Americans.
7. OFFICES OF PRIMARY INTEREST. Office of the Deputy Assistant Secretary for
Privacy and Treasury Records and the Office of the Assistant Secretary for
Management and Chief Financial Officer.
/s/
Peter B. McCarthy
Assistant Secretary for Management and
Chief Financial Officer