Tecs Sorn

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Prior Disclosure

TECS SORN

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<BODY><DOC><PRE>[Federal Register: December 19, 2008 (Volume 73, Number =
245)]
[Notices]              =20
[Page 77778-77782]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de08-134]                        =20

-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0191]

=20
Privacy Act of 1974; U.S. Customs and Border Protection--011 TECS=20
System of Records Notice

AGENCY: Privacy Office, DHS.

ACTION: Notice of Privacy Act system of records.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Privacy Act of 1974 and as part of the=20
Department of Homeland Security's ongoing effort to review and update=20
legacy system of record notices, the Department of Homeland Security is=20
publishing a revised system of records notice for the system formerly=20
known as the Treasury/CS.244, Treasury Enforcement Communication=20
System, October 18, 2001, as a Department of Homeland Security system=20
of records notice titled, DHS/CBP-011 TECS. Additionally, the=20
Department is giving notice that it plans to consolidate into this=20
newly revised system of records the following legacy system of records:=20
Treasury/CS.272 Currency Declaration File, October 18, 2001; Treasury/
CS.224 Suspect Persons Index, October 18, 2001; Justice/INS-032=20
National Automated Immigration Lookout System (NAILS), October 17,=20
2002; and Treasury/CS.262 Warnings to Importers in Lieu of Penalty,=20
October 18, 2001. Categories of individuals, categories of records, and=20
the routine uses of this legacy system of records notice have been=20
reviewed and updated to better reflect the Department of Homeland=20
Security DHS/CBP-011 TECS, which is no longer an acronym.
    TECS is an updated and modified version of the former Treasury

[[Page 77779]]

Enforcement Communications System, which is principally owned and=20
managed by U.S. Customs and Border Protection and is its principal law=20
enforcement and anti-terrorism data base system. TECS is established as=20
an overarching law enforcement information collection, analysis, and=20
sharing environment that securely links telecommunications devices and=20
personal computers to a central system and database. This environment=20
is comprised of several modules designed to collect, maintain, and=20
screen data as well as conduct analysis, screening, and information=20
sharing. TECS databases contain temporary and permanent enforcement,=20
inspection and intelligence records relevant to the anti-terrorism and=20
law enforcement mission of U.S. Customs and Border Protection and=20
numerous other federal agencies that it supports. TECS also maintains=20
limited information on those individuals who have been granted access=20
to the system. Access is granted to those agencies which share a common=20
need for data maintained in the system. TECS also allows direct access=20
to other major law enforcement systems, including the Department of=20
Justice's National Crime Information Center (NCIC), the National Law=20
Enforcement Telecommunications Systems (NLETS), and the Canadian Police=20
Information Centre (CPIC).
    In an effort to provide even more detailed information and=20
transparency to the public, U.S. Customs and Border Protection has=20
separately published System of Records Notices for the applicable=20
subsets of data connected to TECS, including the DHS/CBP-006 Automated=20
Targeting System (ATS) August 6, 2007, DHS/CBP-007 Border Crossing=20
Information (BCI) July 25, 2008, DHS/CBP-005 Advanced Passenger=20
Information System (APIS) last published November 18, 2008 and DHS/CBP-
009 Non-Immigrant Information System (NIIS) being published=20
concurrently with this SORN elsewhere in the Federal Register today.
    Additionally, the Department is issuing a Notice of Proposed=20
Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal=20
Register. The exemptions for the legacy system of records notices will=20
continue to be applicable until the final rule for this SORN has been=20
issued.
    This system will be included in the Department of Homeland=20
Security's inventory of record systems.

DATES: Written comments must be submitted on or before January 20,=20
2009.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0191 by one of the following methods:
    <BULLET> Federal e-Rulemaking Portal: http: //<A =
href=3D"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleavin=
gFR.html&amp;log=3Dlinklog&amp;to=3Dhttp://www.regulations.gov">http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&amp;log=3D=
linklog&amp;to=3Dhttp://www.regulations.gov</A>.=20
Follow the instructions for submitting comments.
    <BULLET> Fax: 1-866-466-5370.
    <BULLET> Mail: Hugo Teufel III, Chief Privacy Officer, Privacy=20
Office, Department of Homeland Security, Washington, DC 20528.
    <BULLET> Instructions: All submissions received must include the=20
agency name and docket number for this rulemaking. All comments=20
received will be posted without change to <A =
href=3D"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleavin=
gFR.html&amp;log=3Dlinklog&amp;to=3Dhttp://www.regulations.gov">http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&amp;log=3D=
linklog&amp;to=3Dhttp://www.regulations.gov</A>,=20
including any personal information provided.
    <BULLET> Docket: For access to the docket to read background=20
documents or comments received go to <A =
href=3D"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleavin=
gFR.html&amp;log=3Dlinklog&amp;to=3Dhttp://www.regulations.gov">http://fr=
webgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&amp;log=3D=
linklog&amp;to=3Dhttp://www.regulations.gov</A>.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:=20
Laurence E. Castelli (202-325-0280), Chief, Privacy Act Policy and=20
Procedures Branch, U.S. Customs and Border Protection, Office of=20
International Trade, Regulations &amp; Rulings, Mint Annex, 799 Ninth=20
Street, NW., Washington, DC 20001-4501. For privacy issues contact:=20
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,=20
U.S. Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:=20

I. Background

    Pursuant to the savings clause in the Homeland Security Act of=20
2002, Public Law, Section 1512, 116 Stat. 2310 (November 25, 2002), the=20
Department of Homeland Security (DHS) and U.S. Customs and Border=20
Protection (CBP) have relied on preexisting Privacy Act system of=20
records notices for the collection and maintenance of records that=20
concern the Treasury Enforcement Communications System (TECS).
    As part of its efforts to streamline and consolidate its record=20
systems, DHS is updating and reissuing a DHS/CBP system of records=20
under the Privacy Act (5 U.S.C. 552a) that deals with CBP's priority=20
mission of preventing terrorists and terrorist weapons from entering=20
the country while facilitating legitimate travel and trade.
    On March 1, 2003, the United States Customs Service (owner of the=20
Treasury Enforcement Communications System) was transferred from the=20
Department of the Treasury to the newly created Department of Homeland=20
Security (``DHS'') and renamed ``Bureau of Customs and Border=20
Protection.'' Subsequently, on April 23, 2007, a Notice was published=20
in the Federal Register (72 FR 20131) to inform the public that the=20
name of the Bureau of Customs and Border Protection had been changed by=20
the Department of Homeland Security to ``U.S. Customs and Border=20
Protection (CBP)''. Accordingly, inasmuch as the Treasury Enforcement=20
Communications System is principally owned and managed by CBP and CBP=20
is no longer part of the Department of the Treasury, the system=20
formerly known as the Treasury Enforcement Communications System will=20
now be known as DHS/CBP-011 TECS (no longer an acronym).
    In accordance with the Privacy Act of 1974 and as part of the=20
Department of Homeland Security's ongoing effort to review and update=20
legacy system of record notices, the Department of Homeland Security is=20
publishing a revised system of records notice for the system formerly=20
known as the Treasury/CS.244, Treasury Enforcement Communication=20
System, (66 FR 52984 October 18, 2001), as a Department of Homeland=20
Security system of records notice titled, DHS/CBP-011 TECS.=20
Additionally, the Department is giving notice that it is retiring=20
Treasury/CS.272 Currency Declaration File, (October 18, 2001 66 FR=20
52984) Treasury/CS.224 Suspect Persons Index (66 FR 52984 October 18,=20
2001) Justice/INS-032 National Automated Immigration Lookout System=20
(NAILS) (67 FR 64136 October 17, 2002) and Treasury/CS.262 Warnings to=20
Importers in lieu of Penalty (66 FR 52984 October 18, 2001), as they=20
have been into this consolidated SORN. Categories of individuals,=20
categories of records, and the routine uses of this legacy system of=20
records notice have been reviewed and updated to better reflect the=20
Department of Homeland Security, U.S. Customs and Border Protection,=20
and TECS.
    DHS/CBP-011 TECS is an updated and modified version of the former=20
Treasury Enforcement Communications System (TECS), which is principally=20
owned and managed by U.S. Customs and Border Protection and is its=20
principal law enforcement and anti-terrorism data base system. TECS is=20
established as an overarching law enforcement information collection,=20
analysis, and sharing environment that links telecommunications devices=20
and personal computers securely to a central system and database. This=20
environment is comprised of several modules designed to collect,=20
maintain and screen data as well as conduct analysis, screening, and=20
information sharing. TECS databases contain temporary and permanent=20
enforcement, inspection, and intelligence records relevant to the anti-
terrorism and law enforcement mission

[[Page 77780]]

of U.S. Customs and Border Protection and numerous other federal=20
agencies that it supports. TECS also maintains limited information on=20
those individuals who have been granted access to the system. Access is=20
granted to those agencies which share a common need for data maintained=20
in the system. TECS also allows direct access to other major law=20
enforcement systems, including the Department of Justice's National=20
Crime Information Center (NCIC), the National Law Enforcement=20
Telecommunications Systems (NLETS) and the Canadian Police Information=20
Centre (CPIC).
    In an effort to provide even more detailed information and=20
transparency to the public U.S. Customs and Border Protection has=20
separately published System of Records Notices for the applicable=20
subsets of data connected to TECS, including the DHS/CBP-006 Automated=20
Targeting System (ATS) (August 6, 2007, 72 FR 43650), DHS/CBP-007=20
Border Crossing Information System (BCIS) (July 25, 2008, 73 FR 43457),=20
DHS/CBP-005 Advanced Passenger Information System (APIS) (November 18,=20
2008, 73 FR 68435), and DHS/CBP-009 Non-Immigrant Information System=20
(NIIS), which is being published concurrently with this SORN elsewhere=20
in the Federal Register today.
    Additionally, the Department is issuing a Notice of Proposed=20
Rulemaking (NPRM) concurrent with this SORN elsewhere in the Federal=20
Register. The exemptions for the legacy system of records notices will=20
continue to be applicable until the final rule for this SORN has been=20
published.
    This system will be included in the Department of Homeland=20
Security's inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory=20
framework governing the means by which the United States Government=20
collects, maintains, uses and disseminates personally identifiable=20
information in individuals' records. The Privacy Act applies to=20
information that is maintained in a ``system of records.'' A ``system=20
of records'' is a group of any records under the control of an agency=20
from which information is retrieved by the name of the individual or by=20
some identifying number, symbol, or other identifying particular=20
assigned to the individual. In the Privacy Act, an individual is=20
defined to encompass United States citizens and lawful permanent=20
residents. As a matter of policy, DHS extends administrative Privacy=20
Act protections to all individuals where systems of records maintain=20
information on U.S. citizens, lawful permanent residents, and visitors.=20
Individuals may request access to their own records that are maintained=20
in a system of records in the possession or under the control of DHS by=20
complying with DHS Privacy Act regulations, 6 CFR part 5.
    The Privacy Act requires each agency to publish in the Federal=20
Register a description denoting the type and character of each system=20
of records that the agency maintains, and the routine uses that are=20
contained in each system to make agency recordkeeping practices=20
transparent, to notify individuals regarding the uses of their records,=20
and to assist the individual to more easily find such files within the=20
agency. Below is a description of the TECS System of Records.
    In accordance with 5 U.S.C. 552a(r), a report concerning this=20
record system has been sent to the Office of Management and Budget and=20
to the Congress.
System of Records: DHS/CBP-011

System name:
    DHS/CBP-011 TECS.

Security classification:
    Unclassified; Law Enforcement Sensitive.

System location:
    This computer database is located at the U.S. Customs and Border=20
Protection National Data Center in the Washington DC area. TECS will be=20
migrated to other DHS Datacenters. Computer terminals are located at=20
CBP sites and ports throughout the United States and at CBP=20
Headquarters, Washington, DC, as well as appropriate facilities under=20
the jurisdiction of the U.S. Department of Homeland Security (DHS) and=20
other locations at which officers of DHS may be posted or operate to=20
facilitate DHS's mission of homeland security. Terminals may also be=20
located at appropriate facilities for other participating government=20
agencies pursuant to agreement.

Categories of individuals covered by the system:
    <BULLET> Violators or suspected violators of laws enforced or=20
administered by DHS (some of whom have been apprehended by officers of=20
DHS);
    <BULLET> Individuals who are suspected of, or who have been=20
arrested for, thefts from international commerce;
    <BULLET> Convicted violators of laws enforced or administered by=20
DHS and/or drug laws in the United States and foreign countries;
    <BULLET> Persons with outstanding warrants--Federal or state;
    <BULLET> Victims of any violation of the laws enforced or=20
administered by DHS;
    <BULLET> Owners, operators and/or passengers of vehicles, vessels=20
or aircraft traveling across U.S. borders or through other locations=20
where CBP maintains an enforcement or operational presence;
    <BULLET> Persons traveling across U.S. borders or through other=20
locations where CBP maintains an enforcement or operational presence=20
and who are determined to be related to a law enforcement context;
    <BULLET> Persons identified by Center for Disease Control (CDC),=20
U.S. Health and Human Services as ``No Boards'' because of a highly=20
contagious communicable disease through the Advance Passenger=20
Information System in connection with trying to board an aircraft to=20
travel internationally;
    <BULLET> Individuals who have been issued a CBP detention or=20
warning;
    <BULLET> Individuals who may pose a threat to the United States;=20
and
    <BULLET> Individuals who have been given access to TECS for=20
authorized purposes.

Categories of records covered by the system:
    Various types of information from a variety of Federal, state,=20
local, and foreign sources, which contribute to effective law=20
enforcement and counterterrorism efforts, may be maintained in this=20
system of records. Records include, but are not limited to, records=20
pertaining to known or suspected violators, wanted persons, persons of=20
interest for law enforcement and counterterrorism purposes, reference=20
information, regulatory and compliance data. Information about=20
individuals includes, but is not limited to full name, alias, date of=20
birth, address, physical description, various identification numbers=20
(e.g., social security number, alien number, I-94 number, seizure=20
number), details and circumstances of a search, arrest, or seizure,=20
case information such as merchandise and values, methods of theft.

Authority for maintenance of the system:
    Section 5 U.S.C. 301; Homeland Security Act of 2002, Pub. L. 107-
296; the Tariff Act of 1930, as amended; Title 18, United States Code,=20
Chapter 27; the Immigration and Nationality Act.

Purpose
    The purpose of this system is to track individuals who have=20
violated or are suspected of violating a law or regulation that is=20
enforced or administered by CBP, to provide a record of any inspections=20
conducted at

[[Page 77781]]

the border by CBP, to determine admissibility into the United States,=20
and to record information regarding individuals, firms, and=20
organizations to whom DHS/CBP has issued detentions and warnings.=20
Additionally, this system of records covers individuals who have been=20
given access to TECS for authorized purposes.

 Routine uses of records maintained in the system, including categories=20
of users and the purposes of such uses:
    In addition to those disclosures generally permitted under 5 U.S.C.=20
552a(b) of the Privacy Act, all or a portion of the records or=20
information contained in this system may be disclosed outside DHS as a=20
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice or other Federal agency conducting=20
litigation or in proceedings before any court, adjudicative or=20
administrative body, when it is necessary to the litigation and one of=20
the following is a party to the litigation or has an interest in such=20
litigation:
    1. DHS or any component thereof;
    2. Any employee of DHS or any component in his/her official=20
capacity;
    3. Any employee of DHS or any component in his/her individual=20
capacity where DOJ or DHS has agreed to represent the employee; or
    4. The U.S. or any agency thereof, is a party to the litigation or=20
has an interest in such litigation, and DHS or CBP determines that the=20
records are both relevant and necessary to the litigation and the use=20
of such records is compatible with the purpose for which DHS or CBP=20
collected the records.
    B. To a congressional office in response to an inquiry from that=20
congressional office made at the request of the individual to whom the=20
record pertains.
    C. To the National Archives and Records Administration or other=20
Federal government agencies pursuant to records management inspections=20
being conducted under the authority of 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of=20
performing audit or oversight operations as authorized by law, but only=20
such information as is necessary and relevant to such audit or=20
oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. DHS or CBP suspects or has confirmed that the security or=20
confidentiality of information in the system of records has been=20
compromised;
    2. DHS or CBP has determined that as a result of the suspected or=20
confirmed compromise there is a risk of harm to economic or property=20
interests, identity theft or fraud, or harm to the security or=20
integrity of this system or other systems or programs (whether=20
maintained by DHS, CBP, or another agency or entity) or harm to the=20
individual who relies upon the compromised information; and
    3. The disclosure made to such agencies, entities, and persons is=20
reasonably necessary to assist in connection with DHS or CBP's efforts=20
to respond to the suspected or confirmed compromise and prevent,=20
minimize, or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants,=20
and others performing or working on a contract, service, grant,=20
cooperative agreement, or other assignment for DHS or CBP, when=20
necessary to accomplish an agency function related to this system of=20
records. Individuals provided information under this routine use are=20
subject to the same Privacy Act requirements and limitations on=20
disclosure as are applicable to DHS/CBP officers and employees.
    G. To appropriate Federal, State, local, tribal, or foreign=20
governmental agencies or multilateral governmental organizations=20
responsible for investigating or prosecuting the violations of, or for=20
enforcing or implementing, a statute, rule, regulation, order, license,=20
or treaty where DHS determines that the information would assist in the=20
enforcement of civil or criminal laws.
    H. To a court, magistrate, or administrative tribunal in the course=20
of presenting evidence, including disclosures to opposing counsel or=20
witnesses in the course of civil or criminal discovery, litigation, or=20
settlement negotiations, or in response to a subpoena from a court of=20
competent jurisdiction.
    I. To third parties during the course of a law enforcement=20
investigation to the extent necessary to obtain information pertinent=20
to the investigation, provided disclosure is appropriate to the proper=20
performance of the official duties of the officer making the=20
disclosure.
    J. To an organization or individual in either the public or private=20
sector, either foreign or domestic, where there is a reason to believe=20
that the recipient is or could become the target of a particular=20
terrorist activity or conspiracy, to the extent the information is=20
relevant to the protection of life or property and disclosure is=20
appropriate to the proper performance of the official duties of the=20
person making the disclosure.
    K. To an appropriate Federal, State, local, tribal, foreign, or=20
international agency, if the information is relevant and necessary to a=20
requesting agency's decision concerning the hiring or retention of an=20
individual, or issuance of a security clearance, license, contract,=20
grant, or other benefit, or if the information is relevant and=20
necessary to a DHS decision concerning the hiring or retention of an=20
employee, the issuance of a security clearance, the reporting of an=20
investigation of an employee, the letting of a contract, or the=20
issuance of a license, grant or other benefit and when disclosure is=20
appropriate to the proper performance of the official duties of the=20
person making the request.
    L. To appropriate Federal, State, local, tribal, or foreign=20
governmental agencies or multilateral governmental organizations, for=20
purposes of assisting such agencies or organizations in preventing=20
exposure to or transmission of a communicable or quarantinable disease=20
or for combating other significant public health threats.
    M. To Federal and foreign government intelligence or=20
counterterrorism agencies or components where CBP becomes aware of an=20
indication of a threat or potential threat to national or international=20
security, or where such use is to assist in anti-terrorism efforts and=20
disclosure is appropriate in the proper performance of the official=20
duties of the person making the disclosure;
    N. To the news media and the public, with the approval of the DHS=20
Chief Privacy Officer in consultation with counsel, as appropriate,=20
when there exists a legitimate public interest in the disclosure of the=20
information or when disclosure is necessary to preserve confidence in=20
the integrity of CBP or is necessary to demonstrate the accountability=20
of CBP's officers, employees, or individuals covered by the system,=20
except to the extent it is determined that release of the specific=20
information in the context of a particular case would constitute an=20
unwarranted invasion of personal privacy.
    O. To a Federal, State, or local agency, or other appropriate=20
entity or individual, or through established liaison channels to=20
selected foreign governments, in order to provide intelligence,=20
counterintelligence, or other information for the purposes of=20
intelligence, counterintelligence, or antiterrorism activities=20
authorized by U.S. law, Executive Order, or other applicable national=20
security directive.

Disclosure to consumer reporting agencies:
    None.

[[Page 77782]]

Policies and practices for storing, retrieving, accessing, retaining,=20
and disposing of records in the system:
Storage:
    The data is stored electronically at the National Data Center and=20
other DHS Data Centers for current data and offsite at an alternative=20
data storage facility for historical logs and system backups.

Retrievability:
    The data is retrievable by name, address, unique identifiers or in=20
association with an enforcement report or other system document.

Safeguards:
    All records are protected from unauthorized access through=20
appropriate administrative, physical, and technical safeguards. These=20
safeguards include all of the following: restricting access to those=20
with a ``need to know''; using locks, alarm devices, and passwords;=20
compartmentalizing databases; auditing software; and encrypting data=20
communications.
    TECS also monitors source systems for changes to the source data.=20
The system manager, in addition, has the capability to maintain system=20
back-ups for the purpose of supporting continuity of operations and the=20
discrete need to isolate and copy specific data access transactions for=20
the purpose of conducting security incident investigations. TECS=20
information is secured in full compliance with the requirements of the=20
DHS IT Security Program Handbook. This handbook establishes a=20
comprehensive information security program.
    Access to TECS is controlled through a security subsystem, which is=20
used to grant access to TECS information on a ``need-to-know'' basis.

Retention and Disposal:
    The majority of information collected in TECS is used for law=20
enforcement and counterterrorism purposes. Records in the system will=20
be retained and disposed of in accordance with a records schedule to be=20
approved by the National Archives and Records Administration.
    The retention period for information maintained in TECS is seventy-
five (75) years from the date of the collection of the information or=20
for the life of the law enforcement matter to support that activity and=20
other enforcement activities that may become related. TECS collects=20
information directly from authorized users.

System Manager and address:
    Assistant Commissioner, Office of Information Technology, Passenger=20
Systems Program Office, U.S. Customs and Border Protection=20
Headquarters, 1300 Pennsylvania Avenue, NW., Washington, DC 20229.

Notification procedure:
    The Secretary of Homeland Security has exempted this system from=20
the notification, access, and amendment procedures of the Privacy Act=20
because it is a law enforcement system. However, CBP will consider=20
individual requests to determine whether or not information may be=20
released. Thus, individuals seeking notification of and access to any=20
record contained in this system of records, or seeking to contest its=20
content, may submit a request in writing to CBP's FOIA Officer, 1300=20
Pennsylvania Avenue, NW., Washington, DC 20229.
    When seeking records about yourself from this system of records or=20
any other CBP system of records your request must conform with the=20
Privacy Act regulations set forth in 6 CFR part 5. You must first=20
verify your identity, meaning that you must provide your full name,=20
current address and date and place of birth. You must sign your=20
request, and your signature must either be notarized or submitted under=20
28 U.S.C. 1746, a law that permits statements to be made under penalty=20
of perjury as a substitute for notarization. While no specific form is=20
required, you may obtain forms for this purpose from the Director,=20
Disclosure and FOIA, <A =
href=3D"http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=3Dleavin=
gFR.html&amp;log=3Dlinklog&amp;to=3Dhttp://www.dhs.gov">http://frwebgate.=
access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&amp;log=3Dlinklo=
g&amp;to=3Dhttp://www.dhs.gov</A> or 1-866-431-0486. In addition=20
you should provide the following:
    <BULLET> An explanation of why you believe the Department would=20
have information on you,
    <BULLET> Specify when you believe the records would have been=20
created,
    <BULLET> If your request is seeking records pertaining to another=20
living individual, you must include a statement from that individual=20
certifying his/her agreement for you to access his/her records.
    Without this bulleted information CBP may not be able to conduct an=20
effective search, and your request may be denied due to lack of=20
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:
    This system contains investigatory material compiled for law=20
enforcement and counterterrorism purposes whose sources need not be=20
reported.

Exemptions claimed for the system:
    Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,=20
portions of this system are exempt from 5 U.S.C. 552a(c)(3) and (4);=20
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(4)(I), (e)(5)=20
and (e)(8); (f), and (g). Pursuant to 5 U.S.C. 552a(k)(2), this system=20
is exempt from the following provisions of the Privacy Act, subject to=20
the limitations set forth in those subsections: 5 U.S.C. 552a(c)(3),=20
(d), (e)(1), (e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). In addition, to=20
the extent a record contains information from other exempt systems of=20
records, CBP will rely on the exemptions claimed for those systems.

    Dated: December 10, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
 [FR Doc. E8-29807 Filed 12-18-08; 8:45 am]

BILLING CODE 4410-10-P
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