[Federal Register Volume 73, Number 228 (Tuesday, November 25, 2008)]
[Notices]
[Pages 71661-71664]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28057]


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

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2008-0005]


Privacy Act of 1974; Department of Homeland Security Accident 
Records System of Records

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 
Department of Homeland Security's ongoing effort to review and update 
legacy system of record notices, the Department of Homeland Security is 
giving notice that it proposes to consolidate two legacy record 
systems: Treasury/CS.002-Accident Reports (October 18, 2001), Treasury/
CS.151-Motor Vehicle Accident Reports (October 18, 2001), and is no 
longer depending upon the DOE-38, Occupational and Industrial Accident 
Records (June 28, 1995) system of records. The Department of Homeland 
Security is issuing a Department-wide system of records to cover 
accident records. This system will allow the Department of Homeland 
Security to collect and maintain records that concern individuals, both 
Department employees and non-employees, who have been injured on 
Department property, or while performing their official duties. 
Categories of individuals, categories of records, routine uses and 
exemptions of these legacy system of records notices have been 
consolidated and updated to better reflect the Department's accident 
record systems. Additionally, a Notice of Proposed Rulemaking will be 
published elsewhere in the Federal Register concurrent with this System 
of Records. This consolidated system, titled Accident Records, will be 
included in the Department of Homeland Security's inventory of record 
systems.

DATES: Submit comments on or before December 26, 2008. This new system 
will be effective December 26, 2008.

ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0005 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 and privacy 
issues please contact: Hugo Teufel III (703-

[[Page 71662]]

235-0780), Chief Privacy Officer, Privacy Office, 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) and its components and 
offices have relied on preexisting Privacy Act systems of records 
notices for the collection and maintenance of records that concern 
individuals, both DHS employees and non-employees, who have been 
injured on DHS property, or while performing their official duties.
    As part of its efforts to streamline and consolidate its records 
systems, DHS is establishing a consolidated system of records under the 
Privacy Act (5 U.S.C. 552a) for these accident records. This will 
ensure that all components of DHS follow the same privacy rules for 
collecting and maintaining accident records. The collection and 
maintenance of this information will assist DHS in meeting its 
obligation to address accident claims for which the agency may be 
responsible.
    In accordance with the Privacy Act of 1974 and as part of DHS's 
ongoing effort to review and update legacy system of record notices, 
DHS is giving notice that it proposes to consolidate two legacy record 
systems: Treasury/CS.002-Accident Reports (66 FR 52984 October 18, 
2001), Treasury/CS.151-Motor Vehicle Accident Reports (66 FR 52984 
October 18, 2001), and is no longer depending on DOE-38, Occupational 
and Industrial Accident Records (60 FR 33510 June 28, 1995) system of 
records. DHS is issuing a DHS-wide system of records to cover accident 
records. This system will allow DHS to collect and maintain records 
that concern individuals, both DHS employees and non-employees, who 
have been injured on DHS property, or while performing their official 
duties. Categories of individuals, categories of records, routine uses 
and exemptions of these legacy system of records notices have been 
consolidated and updated to better reflect the Department's accident 
record systems. Additionally, a Notice of Proposed Rulemaking will be 
published elsewhere in the Federal Register concurrent with this System 
of Records. This consolidated system, titled Accident Records, will be 
included in the Department of Homeland Security'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 Accident 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 (OMB) 
and to Congress.
System of Records:
    DHS/ALL-006

System Name:
    Department of Homeland Security Accident Records

Security Classification:
    Unclassified.

System Location:
    Records are maintained at several Headquarters locations and in 
component offices of DHS, in both Washington, DC, and field locations.

Categories of Individuals Covered by the System:
    Categories of individuals covered by this system include DHS 
employees or contractors and non-employees who have been injured on DHS 
property, or while performing their official duties. DHS employees or 
other individuals who file claims seeking benefits under the Federal 
Employee Compensation Act File (FECA) are covered by DOL/GOVT-1 
Workers' Compensation Programs, Federal Employee Compensation Act File, 
and are not included in this DHS system.

Categories of Records in the System:
    Categories of records in this system include:
     Injured person's name;
     Individual's age;
     Job title;
     Length of employment and current position;
     Employee classification;
     Home address;
     Telephone number;
     Accident and investigation reports;
     Accident and/or report number;
     Date of accident;
     Place of accident;
     Nature of accident;
     Operator license;
     Insurance information;
     Description of injury;
     Description of vehicles involved (title, make, year, 
license number, driver), if applicable;
     Type of treatment given;
     Description of the damaged property;
     Root cause analysis;
     Safety and health programs involved;
     Records of injuries and illnesses;
     Physicians' reports;
     Incident analysis;
     Short-term and long-term preventive actions taken;
     Correspondence involving insurance claims; and
     Witness, suspect, subject information.

Authority for Maintenance of the System:
    5 U.S.C. 301; The Federal Records Act, 44 U.S.C. 3101; Section 19 
of Occupational Health & Safety Act of 1970; 5 U.S.C. 8101-8150, 8191-
8193; Executive Order 11807.

Purpose(s):
    The purpose of this system is to document accidents that occur on 
DHS property or while an employee or contractor is on official duty.

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

[[Page 71663]]

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 
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 the 
Department of Justice 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. Sec. Sec.  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.
    H. To the employee's beneficiary in the event of death following 
the accident or injury or to the employee's agent in case of 
disability.
    I. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings or in 
response to a subpoena from a court of competent jurisdiction.
    J. To third parties during the course of law enforcement 
investigation 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.
    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 
threat or risk.
    L. To Department of Labor for processing and adjudicating claims 
under the Federal Employee's Compensation Act or other workmen's 
compensation claims.
    M. 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 name, accident and/or report number, 
and/or date of accident.

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:
    Records are destroyed six years after a case is closed, in 
accordance with National Archives and Records Administration General 
Records Schedule 10, Item 5.

System Manager and Address:
    For Headquarters and components of DHS, the System Manager is the 
Director of Departmental Disclosure, Department of Homeland Security, 
Washington, DC 20528. For components of DHS, the System Manager can be 
found at http://www.dhs.gov/foia under ``contacts.''

Notification Procedure:
    Individuals seeking notification of and access to any record 
contained in

[[Page 71664]]

this system of records, or seeking to contest its content, may submit a 
request in writing to the Headquarters or 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 
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 
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) 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.

Record Access Procedures:
    See ``Notification Procedure'' above.

Contesting Record Procedures:
    See ``Notification Procedure'' above.

Record Source Categories:
    Information originates with individuals, including employees and 
contractors, who have been injured on DHS property or while excising 
their official duties. Police reports, witness reports, statements from 
employees' supervisors, doctors' reports, reports of investigations 
conducted DHS, and/or insurance claims may also be included.

Exemptions Claimed for the System:
    The Secretary of Homeland Security has exempted this system from 
subsections (d) of the Privacy Act pursuant to 5 U.S.C. 552a(k)(3).

    Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-28057 Filed 11-24-08; 8:45 am]
BILLING CODE 4410-10-P