[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-28053]
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0092]
Privacy Act of 1974; Department of Homeland Security Mailing and
Other Lists System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security is giving notice that it proposes to update one
record system titled, DHS/ALL-002 Department of Homeland Security
Mailing and Other Lists System. Categories of records have been changed
to reflect the removal of emergency contact information which has been
moved to the Emergency Personnel Location System of Records (October
17, 2008). The routine uses of this system of records have been updated
to include the ability to share information for audits; for breach
mitigation; with Federal, State and local agencies; with the Department
of Justice; and with the news media. This updated system will be
included in DHS's inventory of record systems.
DATES: Written comments must be submitted on or before December 26,
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0092 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
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 personally identifiable information
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 and privacy
issues please contact: Hugo Teufel III (703-235-0780), Chief Privacy
Officer, Privacy Office, Department of Homeland Security, Washington,
The Department of Homeland Security (DHS) is updating and reissuing
an agency-wide system of records under the Privacy Act (5 U.S.C. 552a)
for DHS mailing and other lists. These lists are used to facilitate
mailings to multiple addressees and other activities in furtherance of
DHS duties. DHS and its components and offices use the system to
account for all persons appearing on mailing lists collected and
maintained throughout DHS to facilitate mailings to multiple addressees
and other activities in furtherance of DHS duties.
In accordance with the Privacy Act of 1974, DHS is giving notice
that it proposes to update one record system titled, DHS/ALL-002
Department of Homeland Security Mailing and Other Lists System (69 FR
70460 December 9, 2004). Categories of records have been changed to
reflect the removal of emergency contact information which has been
moved to Emergency Personnel Location System of Records (73 FR 61888
October 17, 2008). The routine uses of this system of records have been
changed to reflect the addition of information sharing for audits of
the Department and it's components; for breach mitigation to prevent
the unauthorized use or disclosure of information and to prepare for
privacy related incidents; with Federal, State and local agencies
related to tracking and completion of training; with the Department of
Justice; with the news media. This updated 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
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 recordkeeping
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
Mailing and Other Lists System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this updated system of records to the Office of Management and Budget
and to Congress.
SYSTEM OF RECORDS
Department of Homeland Security Mailing and Other Lists System of
This system of records is located in the Department of Homeland
Washington, DC 20528, as well as in the component DHS offices.
Categories of individuals covered by the system:
All persons appearing on mailing lists maintained throughout DHS to
facilitate mailings to multiple addressees and other activities in
furtherance of DHS duties. These lists include persons who have
requested DHS material; members of the news media who have provided
contact information; persons who serve on DHS boards and committees
other than those covered by the Federal Advisory Committee Act which
are covered under DHS/ALL 009 Advisory Committees (73 FR 57639), and
other individuals having business with DHS who have provided contact
information; individuals who enter contests sponsored by DHS;
contractors or other individuals who work or attend meetings at DHS;
and other persons who attend or have an interest in DHS programs,
contests, exhibits, conferences, training courses, and similar events.
Categories of records in the system:
Categories of records in this system include:
School grade; (where appropriate)
School name; (where appropriate)
Business affiliation (where appropriate);
Other contact information provided to DHS by individuals
covered by this system of records; and
Computer-generated identifier or case number where created
in order to retrieve information.
Authority for maintenance of the system:
5 U.S.C. 301; 44 U.S.C. 3101.
The system is maintained for the purpose of mailing informational
literature or responses to those who request it; maintaining lists of
individuals who attend meetings; maintaining information regarding
individuals who enter contests sponsored by DHS; and for other purposes
for which mailing or contact lists may be created.
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
Department of Homeland Security (DHS) as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice 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
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
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
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
J. 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:
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
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.
Information typically will be retrieved by an identification number
assigned by computer or case number where created for tracking
purposes, by e-mail address, or by name of an individual.
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:
Some records are retained and disposed of in accordance with the
National Archives and Records Administration's General Records Schedule
12 (Communications Records). Other records are retained and disposed of
in accordance with General Records Schedule 1. Files may be retained
for up to three years or less depending on the record. For records that
may be used in litigation, the files related to that litigation will be
retained for three years after final court adjudication.
System Manager and address:
For Headquarters components of the Department of Homeland Security,
the System Manager is the Director of Departmental Disclosure,
Department of Homeland Security, Washington, DC 20528. For components
of the Department of Homeland Security, the System Manager can be found
at http://www.dhs.gov/foia under ``contacts.''
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 component's FOIA Officer, whose
contact information can be found at http://www.dhs.gov/foia under
``contacts.'' If an individual believes more than one component
maintains Privacy Act records concerning him or her the individual may
submit the request to the Chief Privacy Officer, Department of Homeland
Security, 245 Murray Drive, SW., Building 410, STOP-0550, Washington,
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 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,
Identify which component(s) of the Department you believe
may have the information about you,
Specify when you believe the records would have been
Provide any other information that will help the FOIA
staff determine which DHS component agency may have responsive records,
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) will 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 affected
individuals/organizations, public source data, other government
agencies and/or information already in other DHS records systems.
Exemptions claimed for the system:
Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-28053 Filed 11-24-08; 8:45 am]
BILLING CODE 4410-10-P
|Author||Anthony D Smith|
|Last Modified By||SYSTEM|