[Federal Register: October 7, 2008 (Volume 73, Number 195)]
[Notices]
[Page 58609-58612]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07oc08-89]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0105]
Privacy Act of 1974; United States Coast Guard Auxiliary Database
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 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record system DOT/CG 501 Auxiliary Management Information
System, April 11, 2000, as a Department of Homeland Security system of
records notice titled United States Coast Guard Auxiliary Database. The
Auxiliary Database is the United States Coast Guard's information
system that tracks and reports contact, activity, performance, and
achievement information about the members of its volunteer workforce
element, the United States Coast Guard Auxiliary. Categories of
individuals and categories of records
[[Page 58610]]
have been reviewed, and the routine uses of this legacy system of
records notice have been updated to better reflect the United States
Coast Guard's Auxiliary Database record system. This new system will be
included in the Department of Homeland Security's inventory of record
systems.
DATES: Written comments must be submitted on or before November 6,
2008. This new system will be effective November 6, 2008.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0105 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, 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 and may be read at 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:
David Roberts (202-475-3521), Privacy Officer, United States Coast
Guard. For privacy issues please contact: Hugo Teufel III (703-235-
0780), Chief Privacy Officer, Privacy Office, U.S. Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS)/United States Coast
Guard (USCG) have relied on previous Privacy Act systems of records
notices for the collection maintenance of records that concern the USCG
Auxiliary Database (AUXDATA) system of records.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a DHS/USCG system of records
under the Privacy Act (5 U.S.C. 552a) that deals with USCG Auxiliary
program management. The collection and maintenance of this information
will assist DHS/USCG in meeting its obligation to administer the USCG
Auxiliary program.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of records notices,
DHS/USCG is giving notice that it proposes to update and reissue the
following legacy record system DOT/CG 501 Auxiliary Management
Information System (AUXMIS) (65 FR 19475 April 11, 2000) as a DHS/USCG
system of records notice titled, Auxiliary Database (AUXDATA). The
AUXDATA system is the USCG's information system that tracks and reports
contact, activity, performance, and achievement information about the
members of its volunteer workforce element, the USCG Auxiliary.
Categories of individuals and categories of records have been reviewed,
and the routine uses of this legacy system of records notice have been
updated to better reflect DHS/USCG's AUXDATA record system. This new
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 legal
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 of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the AUXDATA System of
Records.
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 and
to Congress.
System of Records
DHS/USCG-024
System name:
United States Coast Guard Auxiliary Database.
Security classification:
Unclassified.
System location:
Records are maintained at the USCG Headquarters in Washington, DC,
the USCG Operations Systems Center in Martinsburg, WV, and field
offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include all
current and former USCG Auxiliarists.
Categories of records in the system:
Categories of records in this system include:
Personal information (name, employee identification
number, address, birth date, phone number);
Auxiliary qualifications information (formal designations
in program disciplines that result from successful completion of
training regimens, for example: Class instructor, vessel examiner, boat
coxswain, and certifications and licenses);
Auxiliary activities information (patrols conducted,
classes taught); and
Information on facilities (boats, radio stations or
aircraft-owned by Auxiliarists as well as facility identification
numbers (e.g. boat license number).
Authority for maintenance of the system:
5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; 14 U.S.C.
632, 830, 831; COMDTINST M16790.1 (series).
Purpose(s):
This system is the primary management tool for the USCG Auxiliary
program.
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 of
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
[[Page 58611]]
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 who relies 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.
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 tape at the USCG Operations Center in Martinsburg, WV.
Retrievability:
Information is retrieved by individual's name and employee
identification number (EMPLID).
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:
Retention and disposal are performed in accordance with USCG
standard retention policies and back-up schedules established at the
USCG Operations Systems Center in Martinsburg, WV. Back-ups are
performed on tape, and tapes are overwritten for reusability purposes.
Incremental back-ups are run six days each week and are kept for a
minimum of two weeks. Full back-ups are run once each week and are kept
for a minimum for four weeks. Quarterly full back-ups are run and kept
for one year. Yearly full back-ups, run in January, are kept
indefinitely.
System Manager and address:
United States Coast Guard, Office of Command, Control,
Communications, Computers, and Sensors Capabilities (CG-761), United
States Coast Guard, 2100 2nd Street, SW., Washington, DC 20593-0001.
United States Coast Guard, Office of Auxiliary and Boating Safety (CG-
542), United States Coast Guard, 2100 2nd Street, SW., Washington, DC
20593-0001.
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 United States Coast Guard, Office of
Command, Control, Communications, Computers, and Sensors Capabilities
(CG-761), United States Coast Guard, 2100 2nd Street, SW., Washington,
DC 20593-0001. United States Coast Guard, Office of Auxiliary and
Boating Safety (CG-542), United States Coast Guard, 2100 2nd Street,
SW., Washington, DC 20593-0001.
When seeking records about yourself from this system of records or
any other USCG 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 Director,
Disclosure and FOIA, 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,
Specify when you believe the records would have been
created,
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 USCG 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.
[[Page 58612]]
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
All records pertaining to Auxiliary members are derived from forms
filled out by the individuals on a voluntary basis.
Exemptions claimed for the system:
None.
Dated: September 30, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-23749 Filed 10-6-08; 8:45 am]
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