[Federal Register Volume 76, Number 154 (Wednesday, August 10, 2011)]
[Notices]
[Pages 49497-49500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-20226]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2011-0068]
Privacy Act of 1974; Department of Homeland Security/United
States Secret Service--001 Criminal Investigation Information 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 and as part of the
Department of Homeland Security's biennial review of system of record
notices, the Department of Homeland Security proposes to update and
reissue a current Department of Homeland Security system of records
titled, ``Department of Homeland Security/United States Secret
Service--001 Criminal Investigation Information System of Records.'' As
a result of biennial review of this system, records have been updated
within the categories of records, routine uses, and notification
procedures of this system of records notice. Additionally, the
Department of Homeland Security previously published a Final Rule in
the Federal Register to exempt this system of records from certain
provisions of the Privacy Act; the current updates to this system of
records do not impact the nature of the exemptions claimed. 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 September 9,
2011.
ADDRESSES: You may submit comments, identified by docket number DHS-
2011-0068 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: 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:
Latita Payne (202-406-6370), Privacy Officer, United States Secret
Service, 245 Murray Lane, SW., Building T-5, Washington, DC 20223. 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
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, and as
part of the Department of Homeland Security's (DHS) biennial review of
system of record notices, DHS/United States Secret Service (USSS)
proposes to update and reissue a current DHS system of records titled,
DHS/USSS-001 Criminal Investigation Information System. As a result of
biennial review of this system, records have been updated within the
categories of individuals covered in this system and categories of
records in this system in order to further define, narrow, and
eliminate duplicative categories.
[[Page 49498]]
Routine Use P was deleted to eliminate duplicative information. The
notification procedures were updated to better reflect the reason for
exemption and the method for access. 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 that each agency publish in the Federal
Register a description denoting the type and character of each system
of records in order to make agency recordkeeping practices transparent,
to notify individuals about the use of their records, and to assist the
individual to more easily find files within the agency. Below is a
description of the Criminal Investigation Information System.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
and to the Congress.
System of Records:
Department of Homeland Security (DHS)/United States Secret Service
(USSS)-001.
System name:
DHS/USSS-001 Criminal Investigation Information System.
Security classification:
Unclassified and Classified.
System location:
Records are maintained at the United States Secret Service
Headquarters, 950 H St., NW., Washington, DC 20223 and field offices.
Categories of individuals covered by the system:
Individuals who have been or are currently the subject of
a criminal investigation by DHS/USSS in connection with the performance
by that agency of its authorized criminal investigative functions;
Individuals who are informants, suspects, defendants,
fugitives, released prisoners, organized crime figures, or those
associated with these individuals who have been identified by DHS/USSS
during the course of official USSS criminal investigations or by
information supplied by other law enforcement agencies, government
units, and the general public;
Individuals who are witnesses and victims of crime as
related to official USSS investigations;
Individuals who are complainants and correspondents; and
Individuals who are payees, registered owners, or
endorsers of stolen or lost obligations and other securities of the
United States.
Categories of records in the system:
Records containing information compiled for the purpose of
identifying individual criminal offenders and informants, suspects,
defendants, fugitives, released prisoners, organized crime figures, or
those associated with these individuals in furtherance of an official
criminal investigation. The records consist of identifying data,
including, but not limited to, name, date of birth, Social Security
number, telephone number, home address, business address, spouse and
family information, physical description, notations of arrest, the
nature and imposition of criminal charges, sentencing, confinement,
release, and parole or probations status concerning criminal offenders,
defendants and suspects, witnesses, victims, and law enforcement
personnel;
Records containing reports identifiable with an
individual, compiled at various stages of the process of enforcement of
criminal laws from arrest or indictment through release from
supervision, including reports of informants and investigators, for the
purpose of a criminal investigation;
Records containing investigatory material compiled for law
enforcement purposes, including but not limited to, handwriting
exemplars; laboratory analyses of inks and papers; handwriting
analyses; petitions for the remission of forfeitures; notice of non-
receipt of Treasury drafts; affidavits of forged endorsements; opinions
of the examiner of questioned documents; reports or opinions from the
examination of computer evidence; reports or opinions from the
examination of altered cellular telephones; certificates by owners of
U.S. registered securities concerning forged requests for payments or
assignments; applications for relief on account of loss, theft, or
destruction of U.S. Savings Bonds or checks; photographic reproductions
of obligations and other securities of the United States; contraband
items; claims against the United States for the proceeds of government
checks and bonds; reports necessary for the settlement of check and
bond claims; polygraph case files; forensic examination information;
search warrants and search warrant returns; indictments; certified
inventories of property held as evidence; sworn and unsworn witness
statements; state, local, and foreign criminal investigative
information and reports; names and telephone numbers of persons
intercepted by electronic, mechanical, or other device under the
provisions of 18 U.S.C. Sec. 2510 et.seq. compiled during the lawful
course of a criminal or civil investigation.
Authority for maintenance of the system:
The Homeland Security Act of 2002, Public Law 107-296; Federal
Records Act, 44 U.S.C. 3101; 5 U.S.C. 301; 18 U.S.C. 3056 and 3056A;
and 6 CFR part 5.
Purpose(s):
The purpose of this system is to collect and maintain criminal
records related to individuals being investigated by DHS/USSS in
connection with USSS' criminal law enforcement functions, including but
not limited to investigating counterfeiting offenses, financial
institution fraud, computer and telecommunications fraud, false
identification documents, access device fraud, advance fee fraud, and
electronic funds transfer fraud.
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 the
Department of Homeland Security (DHS) as a routine use pursuant to 5
U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other federal agency conducting
[[Page 49499]]
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 compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
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 employees and officials of financial and commercial business
firms and to private individuals, information pertaining to actual or
suspected criminal offenders where such disclosure is considered
reasonably necessary for the purpose of furthering USSS efforts to
investigate the activities of and apprehend criminal offenders and
suspected criminal offenders.
I. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosure 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 an appropriate federal, state, local, tribal, territorial,
foreign, or international agency, if the information is relevant and
necessary to agency's decision concerning the hiring or retention of an
individual, the issuance 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 making the request.
K. To the Integrated Automated Fingerprint Identification System
(IAFIS) managed by the Department of Justice, Federal Bureau of
Investigations in connection with USSS's utilization.
L. To federal, state, and local government agencies foreign or
domestic, having prosecutorial and civil law enforcement functions for
use by attorneys, magistrates, and judges, parole or probation
authorities and other law enforcement authorities for the purpose of
developing a criminal or civil investigation, prosecuting, sentencing,
or determining the parole and probation status of criminal offenders or
suspected criminal offenders.
M. To personnel of other federal, state, and local law enforcement
agencies, foreign or domestic, for the purpose of developing
information on subjects involved in USSS criminal investigations and
assisting other law enforcement agencies in the investigation and
prosecution of violations of the criminal laws which those agencies are
responsible for enforcing.
N. To personnel of federal, state, and local governmental agencies,
foreign and domestic, where such disclosure is considered reasonably
necessary for the purpose of furthering USSS efforts to investigate the
activities of and apprehend criminal offenders and suspected criminal
offenders.
O. To personnel of federal, state, and local governmental agencies,
foreign and domestic, where there is a showing of reasonable necessity
to obtain such information to accomplish a valid law enforcement
purpose as agreed to by the USSS.
P. 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:
Paper and electronic records in this system are stored in secure
facilities and/or behind locked doors. Electronic records media, such
as magnetic tape, magnetic disk, digital media, and CD ROM are stored
in proper environmental controls.
Retrievability:
This system is indexed by name, address, vehicle license number,
and/or telephone number, and is retrieved
[[Page 49500]]
through computer search of magnetic media indices both at Headquarters
and in the field offices. Additionally, subjects are retrievable from
the computerized files by physical description. Access to the physical
files containing records is by case number.
Safeguards:
Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DHS and USSS
automated systems security and access policies. Strict controls have
been imposed to minimize the risk of compromising the information that
is being stored, processed, and transmitted. Access to the computer
system containing the records in this system is limited to those
individuals who have a USSS approved need to know the information for
the performance of their official duties and who have appropriate
clearances or permissions.
Retention and disposal:
All judicial cases are retained for a period of 30 years after case
closure (unless otherwise required to be held permanently for transfer
to the National Archives and Records Administration). Non-judicial
criminal investigative cases (except non-judicial check and bond cases)
are retained for 10 years. Non-judicial check claim and bond forgery
cases are retained for 5 years. Administrative files of an
investigatory nature are retained for 5 years. Investigations for other
districts are retained for 2 years. Receipts are retained for a variety
of time periods depending on the case file to which they pertain.
Arrest history forms are held permanently for transfer to the National
Archives and Records Administration. Headquarters criminal
investigative case files are retained for 30 years. Consensual and non-
consensual interception indices are held for 10 years or when
investigative use no longer exists, whichever is longer. Fingerprint
and photograph files are retained at varying intervals based on case
type and in accordance with record retention schedules approved by the
National Archives and Records Administration.
System Manager and address:
Assistant Director, Office of Investigations, U.S. Secret Service,
245 Murray Lane SW., Building T-5, Washington, DC 20223.
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, DHS/USSS 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 USSS FOIA Officer, 245
Murray Drive SW., Building T-5, Washington, DC 20223. 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 FOIA Officer, Department of Homeland Security, whose contact
information can be found at http://www.dhs.gov/foia.
When seeking records about yourself from this system of records or
any other USSS 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,
Specify when you believe the records would have been
created,
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 USSS 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:
The Secretary of Homeland Security has exempted this system from
subsections (e)(4)(I) of the Privacy Act pursuant to 5 U.S.C.
552a(j)(2) and (k)(2) and (k)(3); therefore, records sources shall not
be disclosed.
Exemptions claimed for the system:
Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act and
the limitations therein, this system is 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)(4)(I),
(e)(5) and (e)(8); (f); and (g). Pursuant to 5 U.S.C. 552a(k)(1),
(k)(2), (k)(3) 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),
(e)(4)(I), and (f). In addition, to the extent a record contains
information from other exempt systems of records; USSS will rely on the
exemptions claimed for those systems.
Dated: July 14, 2011.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2011-20226 Filed 8-9-11; 8:45 am]
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