DHS ICE 006 Intelligence Records System SORN

[Federal Register Volume 75, Number 39 (Monday, March 1, 2010)]
[Notices]
[Pages 9233-9238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4102]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0071]

Privacy Act of 1974; U.S. Immigration and Customs Enforcement-006
Intelligence Records 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, U.S. Immigration
and Customs Enforcement is modifying an existing system of records
titled the Immigration and Customs Enforcement-006 Intelligence Records
System (Dec. 9, 2008), to clarify the nature of the personally
identifiable information that will be collected and maintained on
individuals. In conjunction with its publication of the Privacy Impact
Assessment for the ICEGangs system, Immigration and Customs Enforcement
is modifying the DHS/ICE-006 Immigration and Customs Enforcement
Intelligence Records system of records notice to more clearly explain
the type of information it gathers on suspected and confirmed gang
members and associates. This DHS/Immigration and Customs Enforcement-
006 Intelligence Records system of records notice updates categories of
individuals; categories of records; purpose of the system; adding a
routine use; and policies and practices for retaining and disposing of
records in the system. Immigration and Customs Enforcement is
soliciting comments on this SORN due to the clarifying changes that
were made since the original publication. A Privacy Impact Assessment
on ICEGangs that describes the system in detail is being published
concurrently with this notice. In addition, this notice addresses one
comment that was received in response to the original publication of
the Immigration and Customs Enforcement Intelligence Records SORN on
December 9, 2008. A final rule is being published concurrently with
this notice in which the Department exempts portions of this system of
records from one or more provisions of the Privacy Act because of
criminal, civil, and administrative enforcement requirements.

DATES: This amended system of records will be effective March 31, 2010.
Written comments must be submitted on or before March 31, 2010.

ADDRESSES: You may submit comments, identified by docket number DHS-

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2009-0071 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
Lyn M. Rahilly (202-732-3300), Privacy Officer, U.S. Immigration and
Customs Enforcement, 500 12th Street, SW., Washington, DC 20536. For
privacy issues please contact Mary Ellen Callahan (703-235-0780), Chief
Privacy Officer, Privacy Office, U.S. Department of Homeland Security,
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

The Immigration and Customs Enforcement (ICE) Intelligence Records
(IIRS) system of records was originally established on December 9, 2008
(73 FR 74735), and public comments were solicited for the SORN and the
associated Notice of Proposed Rulemaking (73 FR 74633, Dec. 9, 2008)
which proposed to exempt this system from one or more provisions of the
Privacy Act because of criminal, civil, and administrative enforcement
requirements. Due to urgent homeland security and law enforcement
mission needs, ICE was already maintaining these records when the
original IIRS SORN was published. Recognizing that ICE published a
system of records notice for an existing system, ICE committed to
reviewing and considering public comments, apply appropriate revisions,
and republish the IIRS system of records notice within 180 days of
receipt of comments. A new routine use is also proposed to allow data
sharing between ICE and other law enforcement agencies for the purpose
of collaboration, coordination, and de-confliction of cases.
In addition to the records described in the initial publication of
IIRS, this notice also consists of information maintained by the ICE
Office of Investigations concerning suspected or confirmed gang members
and associates included in a database called ICEGangs. ICEGangs
maintains personal information about individuals who qualify as
suspected or confirmed gang members and associates under ICE criteria.
ICEGangs stores the following data about each gang member and associate
to the extent it is available: Biographic information (name, date of
birth, etc.), immigration status, gang affiliation, physical
description, government-issued identification numbers, photos of the
individual, identities of gang associates, field interview notes, and
criminal history information. ICEGangs also stores general comments
entered by the ICE agent that created the gang member or associate
record as well as a reference to the official evidentiary system of
records where official case files are stored.
ICEGangs has two main purposes. First, it supplements the existing
ICE case management system by providing a consolidated repository of
information on gang members and associates and gang-related activity.
ICEGangs allows ICE agents and support personnel to search gang-
oriented information in a more efficient and effective manner than is
possible in ICE's standard investigative case management system. For
example, an ICE field agent can query ICEGangs for a list of members in
a specific gang. It is not currently possible to perform the same sort
of query using ICE's investigative case management system. As a matter
of policy, ICE agents are required to create and/or update ICEGangs
records for suspected and/or confirmed gang members and associates
whenever they encounter gang members and associates in the field during
their official law enforcement activities. ICEGangs records also
contain references to the official evidentiary system of records, which
allows ICE agents and support personnel to refer to official case
records.
Second, ICEGangs facilitates the sharing of gang information
between ICE and other law enforcement agencies. In particular, ICE
currently provides the California Department of Justice (CalDOJ) access
to the data in ICEGangs. CalDOJ users access ICEGangs through their own
CalGangs application which accesses the ICEGangs repository remotely.
In the future, ICE anticipates that it will share information with
other State and local law enforcement agencies that use the GangNET
software. ICE will require access controls for State and local agencies
as a prerequisite to gaining access to ICEGangs.

II. Public Comment

One public comment was received, but as it did not pertain to the
SORN or proposed rule, it is not addressed here. A final rule is
published concurrently with this notice in this issue of the Federal
Register.

III. 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 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 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 to
which personally identifiable information is put, and to assist
individuals to more easily find such files within the agency. Below is
the description of the Immigration and Customs Enforcement-006
Intelligence Records 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/ICE-006

SYSTEM NAME:
ICE Intelligence Records System (IIRS).

SECURITY CLASSIFICATION:
Sensitive But Unclassified, Classified.

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SYSTEM LOCATION:
Records are maintained at ICE Headquarters in Washington, DC, and
field offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include the
following: (1) Individuals (e.g., subjects, witnesses, associates)
associated with immigration enforcement activities or law enforcement
investigations/activities conducted by ICE, the former Immigration and
Naturalization Service, or the former U.S. Customs Service; (2)
individuals associated with law enforcement investigations or
activities conducted by other Federal, State, Tribal, territorial,
local or foreign agencies where there is a potential nexus to ICE's law
enforcement and immigration enforcement responsibilities or homeland
security in general; (3) individuals known or appropriately suspected
to be or have been engaged in conduct constituting, in preparation for,
in aid of, or related to terrorism; (4) individuals involved in,
associated with, or who have reported suspicious activities, threats,
or other incidents reported by domestic and foreign government
agencies, multinational or non-governmental organizations, critical
infrastructure owners and operators, private sector entities and
organizations, and individuals; (5) individuals who are the subjects of
or otherwise identified in classified or unclassified intelligence
reporting received or reviewed by ICE; and (6) individuals who are
known or suspected gang members or associates, including records
maintained in the ICEGangs system.
IIRS includes an information technology system known as the
Intelligence Fusion System (IFS). In addition to the categories of
individuals listed above, IFS also includes the following: (1)
Individuals identified in law enforcement, intelligence, crime, and
incident reports (including financial reports under the Bank Secrecy
Act and law enforcement bulletins) produced by DHS and other government
agencies; (2) individuals identified in U.S. visa, border, immigration
and naturalization benefit data, including arrival and departure data;
(3) individuals identified in DHS law enforcement and immigration
records; (4) individuals not authorized to work in the United States;
(5) individuals whose passports have been lost or stolen; and (6)
individuals identified in public news reports.

CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system include: (1) Biographic
information (name, date of birth, social security number, alien
registration number, citizenship/immigration status, passport
information, addresses, phone numbers, etc.); (2) Records of
immigration enforcement activities or law enforcement investigations/
activities conducted by ICE, the former Immigration and Naturalization
Service, or the former U.S. Customs Service; (3) Information (including
documents and electronic data) collected by DHS from or about
individuals during investigative activities and border searches; (4)
Records of immigration enforcement activities and law enforcement
investigations/activities that have a possible nexus to ICE's law
enforcement and immigration enforcement responsibilities or homeland
security in general; (5) Law enforcement, intelligence, crime, and
incident reports (including financial reports under the Bank Secrecy
Act and law enforcement bulletins) produced by DHS and other government
agencies; (6) U.S. visa, border immigration and naturalization benefit
data, including arrival and departure data; (7) Terrorist watchlist
information and other terrorism related information regarding threats,
activities, and incidents; (8) Lost and stolen passport data; (9)
Records pertaining to known or suspected terrorists, terrorist
incidents, activities, groups, and threats; (10) ICE-generated
intelligence requirements, analysis, reporting, and briefings; (11)
Third party intelligence reporting; (12) Articles, public-source data,
and other published information on individuals and events of interest
to ICE; (13) Records and information from government data systems or
retrieved from commercial data providers in the course of intelligence
research, analysis and reporting; (14) Reports of suspicious
activities, threats, or other incidents generated by ICE and third
parties; and (15) Additional information about known and suspected gang
members and associates such as biographic information (name, date of
birth, etc.), immigration status, gang affiliation, physical
description, government-issued identification numbers, photos of the
individual, identities of gang associates, field interview notes, and
criminal history information.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 8 U.S.C. 1103, 1105, 1225(d)(3), 1324(b)(3), 1357(a),
and 1360(b); 19 U.S.C. 1 and 1509.

PURPOSE(S):
The purpose of this system is:
(a) To maintain records that reflect and generally support ICE's
collection, analysis, reporting, and distribution of law enforcement,
immigration administration, terrorism, intelligence, and homeland
security information in support of ICE's law enforcement and
immigration administration mission.
(b) To produce law-enforcement intelligence reporting that provides
actionable information to ICE's law enforcement and immigration
administration personnel and to other appropriate government agencies.
(c) To enhance the efficiency and effectiveness of the research and
analysis process for DHS law enforcement, immigration, and intelligence
personnel through information technology tools that provide for
advanced search and analysis of various datasets.
(d) To facilitate multi-jurisdictional informational exchange
between ICE and other law enforcement agencies regarding known and
suspected gang members and associates; and
(e) To identify potential criminal activity, immigration
violations, and threats to homeland security; to uphold and enforce the
law; and to ensure public safety.

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 or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when (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 the Department of Justice (DOJ), Civil Rights Division, for
the purpose of responding to matters within the DOJ's jurisdiction to
include allegations of fraud and/or nationality discrimination.

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C. 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.
D. 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.
E. 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.
F. 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) that rely upon the
compromised information, or harm to an individual; 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.
G. 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.
H. To a Federal, State, territorial, Tribal, local, international,
or foreign government agency or entity for the purpose of consulting
with that agency or entity: (1) To assist in making a determination
regarding redress for an individual in connection with the operations
of a DHS component or program; (2) for the purpose of verifying the
identity of an individual seeking redress in connection with the
operations of a DHS component or program; or (3) for the purpose of
verifying the accuracy of information submitted by an individual who
has requested such redress on behalf of another individual.
I. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
Federal, State or local government entity or professional licensing
authority; or facilitating communications with a former employee that
may be necessary for personnel-related or other official purposes where
the Department requires information or consultation assistance from the
former employee regarding a matter within that person's former area of
responsibility.
J. To an appropriate Federal, State, local, Tribal, foreign, or
international agency, if the information is relevant and necessary to
the agency's decision concerning the hiring or retention of an
individual or the issuance, grant, renewal, suspension or revocation of
a security clearance, license, contract, grant, or other benefit; or if
the information is relevant and necessary to a DHS decision concerning
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 and when disclosure is appropriate to the proper performance of
the official duties of the person receiving the information.
K. To appropriate Federal, State, local, Tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital interests of a data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or to combat other significant public health
threats; appropriate notice will be provided of any identified health
risk.
L. To a public or professional licensing organization when such
information indicates, either by itself or in combination with other
information, a violation or potential violation of professional
standards, or reflects on the moral, educational, or professional
qualifications of an individual who is licensed or who is seeking to
become licensed.
M. To a Federal, State, Tribal, local or foreign government agency
or organization, or international organization, lawfully engaged in
collecting law enforcement intelligence information, whether civil or
criminal, or charged with investigating, prosecuting, enforcing or
implementing civil or criminal laws, related rules, regulations or
orders, to enable these entities to carry out their law enforcement
responsibilities, including the collection of law enforcement
intelligence.
N. To appropriate Federal, State, local, Tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty where DHS determines that the information would assist in the
enforcement of civil, criminal, or regulatory laws.
O. To third parties during the course of an investigation by DHS, a
proceeding within the purview of the immigration and nationality laws,
or a matter under DHS's jurisdiction, to the extent necessary to obtain
information pertinent to the investigation, provided disclosure is
appropriate to the proper performance of the official duties of the
officer making the disclosure.
P. To a Federal, State, or local agency, or other appropriate
entity or individual, or through established liaison channels to
selected foreign governments, in order to provide intelligence,
counterintelligence, or other information for the purposes of
intelligence, counterintelligence, or antiterrorism activities
authorized by U.S. law, Executive Order, or other applicable national
security directive.
Q. To Federal and foreign government intelligence or
counterterrorism agencies when DHS reasonably believes there to be a
threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, when DHS reasonably believes such use is to assist in
anti-terrorism efforts, and disclosure is appropriate to the proper
performance of the official duties of the person making the disclosure.
R. To an organization or individual in either the public or private
sector, either foreign or domestic, 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 and disclosure is
appropriate to the proper performance of the official duties of the
person making the disclosure.
S. To international and foreign governmental authorities in
accordance with law and formal or informal international agreements.
T. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws

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including treaties and reciprocal agreements.
U. To appropriate Federal, State, local, Tribal, or foreign
governmental agencies or multilateral governmental organizations where
DHS is aware of a need to utilize relevant data for purposes of testing
new technology and systems designed to enhance national security or
identify other violations of law.
V. To appropriate Federal, State, local, Tribal, or foreign
government agencies or multinational government organizations where DHS
desires to exchange relevant data for the purpose of developing new
software or implementing new technologies for the purposes of data
sharing to enhance homeland security, national security or law
enforcement.
W. To a criminal, civil, or regulatory law enforcement authority
(whether Federal, State, local, territorial, Tribal, international or
foreign) where the information is necessary for collaboration,
coordination and de-confliction of investigative matters, to avoid
duplicative or disruptive efforts and for the safety of law enforcement
officers who may be working on related investigations.
X. 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:
Records may be retrieved by personal identifiers such as but not
limited to name, alien registration number, phone number, address,
social security number, or passport number. Records may also be
retrieved by non-personal information such as transaction date, entity/
institution name, description of goods, value of transactions, and
other information.

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. The system maintains a real-time
auditing function of individuals who access the system. Additional
safeguards may vary by component and program.

RETENTION AND DISPOSAL:
ICE is in the process of drafting a proposed record retention
schedule for the information maintained in IIRS, including system
information stored in IFS. ICE anticipates retaining the records from
other databases in IFS for 20 years, records for which IFS is the
repository of record for 75 years, and ICE-generated intelligence
reports for 75 years. The original electronic data containing the
inputs to IFS will be destroyed after upload and verification or
returned to the source.
ICE is in the process of drafting a proposed record retention
schedule for the information maintained in ICEGangs. ICE anticipates
retaining ICEGangs records for five years from the date the record was
last accessed.

SYSTEM MANAGER AND ADDRESS:
Director, ICE Office of Intelligence, 500 12th Street, SW.,
Washington, DC 20536.

NOTIFICATION PROCEDURE:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act
because it is a law enforcement system. However, ICE will consider
individual requests to determine whether or not information may be
released. Thus, 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, DC 20528.
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
or perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose form 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
created,
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:
Federal, State, local, territorial, Tribal or other domestic
agencies, foreign agencies, multinational or non-governmental
organizations, critical infrastructure owners and operators, private
sector entities and organizations, individuals, commercial data
providers, and public sources such as news media outlets and the
Internet.

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EXEMPTIONS CLAIMED FOR THE SYSTEM:
Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f); and (g). Pursuant to 5 U.S.C. 552a (k)(2), this system is exempt
from the following provisions of the Privacy Act, subject to the
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), and (f).

Dated: February 24, 2010.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2010-4102 Filed 2-26-10; 8:45 am]
BILLING CODE 9111-28-P