[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49882-49885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23513]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2009-0038]
Privacy Act of 1974; Department of Homeland Security/ALL-004
General Information Technology Access Account Records System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records update.
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SUMMARY: In accordance with the Privacy Act of 1974 the Department of
Homeland Security proposes to update and reissue a Department of
Homeland Security system of records notice titled, Department of
Homeland Security/ALL-004 General Information Technology Access Account
Records System of Records. As a result of the biennial review of this
system, the Department proposes to include the addition of social
security numbers in the categories of records covered by the system for
the purpose of identifying an individual for system access.
Additionally, a new routine use has been added for the purpose of
sharing with the media where appropriate. This updated system will be
included in the Department of Homeland Security's inventory of record
systems.
DATES: Written comments must be submitted on or before October 29,
2009.
ADDRESSES: You may submit comments, identified by Docket Number DHS-
2009-0038 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 and 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
As part of its efforts to maintain its Privacy Act record systems,
the Department of Homeland Security (DHS) is updating and reissuing a
Department-wide system of records under the Privacy Act (5 U.S.C. 552a)
for DHS/ALL-004 General Information Technology Access Account Records
System of Records (73 FR 28139, May 15, 2008). This will ensure that
all components of DHS follow the same privacy rules for collecting and
handling information technology access account records. The collection
and maintenance of this information will assist DHS in managing the
Department's information technology access account records.
This system of records is part of DHS' ongoing record integration
and management efforts. This system consists of information collected
in order to provide authorized individuals with access to DHS
information technology resources. This information includes user name,
business affiliation, account information and passwords.
In accordance with the Privacy Act of 1974, DHS is giving notice
that it proposes to update and reissue a DHS system of records notice
titled, DHS/ALL-004 General Information Technology Access Account
Records System of Records. As a result of the biennial review of this
system, the
[[Page 49883]]
Department proposes to include the addition of social security numbers
in the categories of records covered by the system for the purpose of
identifying an individual for system access. Additionally, a new
routine use has been added for the purpose of sharing with the media
where appropriate. 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 lawful
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 their records are put, and to assist individuals to more easily
find such files within the agency. Below is the description of DHS/ALL-
004 General Information Technology Access Account Records System of
Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM OF RECORDS:
DHS/ALL-004.
SYSTEM NAME:
Department of Homeland Security General Information Technology
Access Account Records System of Records.
SECURITY CLASSIFICATION:
Sensitive but unclassified.
SYSTEM LOCATION:
Records are maintained at several Headquarters locations and in
component offices of the Department of Homeland Security, in both
Washington, DC and field locations.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include:
All persons who are authorized to access DHS information technology
resources, including employees, contractors, grantees, private
enterprises and any lawfully designated representative of the above and
including representatives of Federal, State, territorial, tribal,
local, international, or foreign government agencies or entities, in
furtherance of the DHS mission. Also covered by this system are
individuals who serve on DHS boards and committees; individuals who
have business with DHS and who have provided personal information in
order to facilitate access to DHS information technology resources; and
individuals who are points of contact provided for government business,
operations, or programs, and the individual(s) they list as emergency
contacts.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name;
Social Security Number;
Business and affiliations;
Facility positions held;
Business telephone numbers;
Cellular phone numbers;
Pager numbers;
Numbers where individuals can be reached while on travel
or otherwise away from the office;
Citizenship;
Level of access;
Home addresses;
Electronic mail addresses of senders and recipients;
Records on access to DHS computers and networks including
user ID and passwords;
Date and time of access;
IP address of access;
Logs of internet activity and records on the
authentication of the access request;
Records on the names and phone numbers of other contacts;
and
Positions or titles of contacts, their business/
organizational affiliations and other contact information provided to
the Department that is derived from other sources to facilitate
authorized access to DHS Information Technology resources.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 44 U.S.C. 3101; and EO 9397 (SSN).
PURPOSE(S):
This system will collect a discreet set of personally identifiable
information in order to provide authorized individuals access to or
interact with DHS information technology resources. The information
collected by the system will include full name, user name, account
information, citizenship, business/organizational affiliation, contact
information, and passwords. Directly resulting from the use of DHS
information technology resources is the collection, review, and
maintenance of any logs, audits, or other such security data regarding
the use of such information technology resources.
The system enables DHS to maintain: Account information required
for approved access to information technology; lists of individuals who
are appropriate organizational points of contact; and lists of
individuals who are emergency points of contact. The system will also
enable DHS to provide individuals access to certain programs and
meeting attendance and where appropriate allow for sharing of
information between individuals in the same operational program to
facilitate collaboration.
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), limited by privacy impact
assessments, data sharing, or other agreements, 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 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
[[Page 49884]]
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 Sec. 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 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
disclosure.
H. To sponsors, employers, contractors, facility operators,
grantees, experts, and consultants in connection with establishing an
access account for an individual or maintaining appropriate points of
contact and when necessary to accomplish a DHS mission function or
objective related to this system of records.
I. To other individuals in the same operational program supported
by an information technology system, where appropriate notice to the
individual has been made that his or her contact information will be
shared with other members of the same operational program in order to
facilitate collaboration.
J. To Federal agencies such as Office of Personnel Management, the
Merit Systems Protection Board, the Office of Management and Budget,
Federal Labor Relations Authority, Government Accountability Office,
and the Equal Employment Opportunity Commission in the fulfillment of
these agencies' official duties.
K. To international, Federal, State and local, tribal, private and/
or corporate entities for the purpose of the regular exchange of
business contact information in order to facilitate collaboration for
official business.
L. To appropriate agencies, entities, and persons when: It is
suspected or confirmed that the security or confidentiality of
information in the system of records has been compromised; DHS 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; and the
disclosure is made to such agencies, entities, and persons who are
reasonably necessary to assist in DHS's efforts to respond to the
suspected or confirmed compromise and prevent, minimize, or remedy such
harm.
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 on paper and/or in digital or other
electronic form. Digital and other electronic images are stored on a
storage area network in a secured environment. Records, whether paper
or electronic, may be stored at the DHS Headquarters or at the
component level.
RETRIEVABILITY:
Information may be retrieved, sorted, and/or searched by an
identification number assigned by computer, social security number, by
facility, by business affiliation, e-mail address, or by the name of
the individual, or other employee data fields previously identified in
this SORN.
SAFEGUARDS:
Information in this system is safeguarded in accordance with
applicable laws, rules and policies, including the DHS Information
Technology Security Program Handbook and DHS Information Security
Program Policy and Handbook. Further, Department of Homeland Security/
ALL-004 General Information Technology Access Account Records system of
records security protocols will meet multiple National Institute of
Standards and Technology (NIST) Security Standards from Authentication
to Certification and Accreditation. Records in the Department of
Homeland Security/ALL-004 General Information Technology Access Account
Records system of records will be maintained in a secure, password
protected electronic system that will utilize security hardware and
software to include: multiple firewalls, active intruder detection, and
role-based access controls. Additional safeguards will vary by
component and program. All records are protected from unauthorized
access through appropriate administrative, physical, and technical
safeguards. These safeguards include: restricting access to authorized
personnel who have a ``need to know;'' using locks; and password
protection identification features. Classified information is
appropriately stored in accordance with applicable requirements. DHS
file areas are locked
[[Page 49885]]
after normal duty hours and the facilities are protected from the
outside by security personnel.
RETENTION AND DISPOSAL:
Records are securely retained and disposed of in accordance with
the National Archives and Records Administration's General Records
Schedule 24, section 6, ``User Identification, Profiles,
Authorizations, and Password Files.'' Inactive records will be
destroyed or deleted 6 years after the user account is terminated or
password is altered, or when no longer needed for investigative or
security purposes, whichever is later.
SYSTEM MANAGER AND ADDRESS:
For Headquarters and components of DHS, the System Manager is the
Chief Privacy Officer and Chief Freedom of Information Act Officer,
Privacy Office, 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 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 and
Chief Freedom of Information Act Officer, Privacy Office, Department of
Homeland Security, 245 Murray Drive, SW., Building 410, STOP-0655,
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 Chief Privacy
Officer and Chief Freedom of Information Act Officer, 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;
and
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:
A request for access to records in this system may be made by
writing to the System Manager, identified above, in conformance with 6
CFR Part 5, which provides the rules for requesting access to Privacy
Act records maintained by DHS.
CONTESTING RECORD PROCEDURES:
Same as ``Records Access Procedures'' above.
RECORD SOURCE CATEGORIES:
Information contained in this system is obtained from affected
individuals/organizations/facilities, public source data, other
government agencies and/or information already in other DHS records
systems.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
Dated: September 23, 2009.
Mary Ellen Callahan
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-23513 Filed 9-28-09; 8:45 am]
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