80 FR 26937 - Privacy Act of 1974; Department of Homeland Security U.S. Customs and Border Protection-007 Border Crossing Information System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 80, Issue 90 (May 11, 2015)

Page Range		26937-26942
FR Document		2015-11288

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to update and reissue a current Department of Homeland Security system of records titled, ``Department of Homeland Security/U.S. Customs and Border Protection-007 Border Crossing Information(BCI) System of Records.'' This system of records allows U.S. Customs and Border Protection to collect and maintain records on border crossing information for all individuals who enter, are admitted or paroled into, and (when available) exit from the United States, regardless of method or conveyance. Border crossing information includes certain biographic and biometric information; photographs; certain mandatory or voluntary itinerary information provided by air, sea, bus, and rail carriers or any other forms of passenger transportation; and the time and location of the border crossing. This system of records notice was previously published in the Federal Register on May 28, 2013 (78 FR 31958). A Final Rule exempting portions of this system from certain provisions of the Privacy Act was published on February 3, 2010, and remains in effect (75 FR 5491). The Department of Homeland Security/U.S. Customs and Border Protection is updating the categories of records to include the capture of biometric information including digital fingerprints, photographs, and iris scans at the border as part of the Department's ongoing effort to better reflect the categories of records in its collection of information. U.S. Customs and Border Protection also is updating the system of records notice to include the collection of records, including photographs of scars, marks, tattoos, and palm prints from individuals in connection with the biometric sharing between the Integrated Automated Fingerprint Identification System/Next Generation Identification of the Department of Justice/Federal Bureau of Investigation and the Department of Homeland Security Automated Biometric Identification System information technology platform. Finally, U.S. Customs and Border Protection is updating the categories of records collected from an associated Advance Passenger Information System transmission to accurately represent collection of personally identifiable information at the border. The Department of Homeland Security/U.S. Customs and Border Protection is updating this system of records notice to provide notice of the collection of biometric information from U.S. citizens and certain aliens upon arrival to, and departure from, the United States. The exemptions for the existing system of records notice published May 28, 2013 (78 FR 31958) continue to apply for this updated system of records for those categories of records listed in the previous BCI System of Records Notice. However, U.S. Customs and Border Protection will issue an updated notice and Final Rule to address that certain records ingested from the Advance Passenger Information System (APIS) (see DHS/CBP-005 Advance Passenger Information System (APIS) SORN, 80 FR 13407 (March 13, 2015)) will continue to be covered by the exemptions claimed for those records in that system pursuant to 5 U.S.C. 552a(j)(2) and 5 U.S.C. 552a(k)(2). The Department of Homeland Security will include this system in its inventory of record systems.

Federal Register, Volume 80 Issue 90 (Monday, May 11, 2015)

[Federal Register Volume 80, Number 90 (Monday, May 11, 2015)]
[Notices]
[Pages 26937-26942]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-11288]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2015-0021]

Privacy Act of 1974; Department of Homeland Security U.S. Customs
and Border Protection-007 Border Crossing Information System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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

SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/U.S. Customs and Border Protection-007 Border Crossing
Information(BCI) System of Records.'' This system of records allows
U.S. Customs and Border Protection to collect and maintain records on
border crossing information for all individuals who enter, are admitted
or paroled into, and (when available) exit from the United States,
regardless of method or conveyance. Border crossing information
includes certain biographic and biometric information; photographs;
certain mandatory or voluntary itinerary information provided by air,
sea, bus, and rail carriers or any other forms of passenger
transportation; and the time and location of the border crossing.
This system of records notice was previously published in the
Federal Register on May 28, 2013 (78 FR 31958). A Final Rule exempting
portions of this system from certain provisions of the Privacy Act was
published on February 3, 2010, and remains in effect (75 FR 5491). The
Department of Homeland Security/U.S. Customs and Border Protection is
updating the categories of records to include the capture of biometric
information including digital fingerprints, photographs, and iris scans
at the border as part of the Department's ongoing effort to better
reflect the categories of records in its collection of information.
U.S. Customs and Border Protection also is updating the system of
records notice to include the collection of records, including
photographs of scars, marks, tattoos, and palm prints from individuals
in connection with the biometric sharing between the Integrated
Automated Fingerprint Identification System/Next Generation
Identification of the Department of Justice/Federal Bureau of
Investigation and the Department of Homeland Security Automated
Biometric Identification System information technology platform.
Finally, U.S. Customs and Border Protection is updating the categories
of records collected from an associated Advance Passenger Information
System transmission to accurately represent collection of personally
identifiable information at the border.
The Department of Homeland Security/U.S. Customs and Border
Protection is updating this system of records notice to provide notice
of the collection of biometric information from U.S. citizens and
certain aliens upon arrival to, and departure from, the United States.
The exemptions for the existing system of records notice published
May 28, 2013 (78 FR 31958) continue to apply for this updated system of
records for those categories of records listed in the previous BCI
System of Records Notice. However, U.S. Customs and Border Protection
will issue an updated notice and Final Rule to address that certain
records ingested from the Advance Passenger Information System (APIS)
(see DHS/CBP-005 Advance Passenger Information System (APIS) SORN, 80
FR 13407 (March 13, 2015)) will continue to be covered by the
exemptions claimed for those records in that system pursuant to 5
U.S.C. 552a(j)(2) and 5 U.S.C. 552a(k)(2). The Department of Homeland
Security will include this system in its inventory of record systems.

DATES: This updated system will be effective upon the public display of
this notice. Although this system is effective upon publication, DHS
will accept and consider comments from the public and evaluate the need
for any revisions to this notice.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0021 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 202-343-4010.
Mail: Karen L. Neuman, 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, please visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
John Connors (202) 344-1610, Privacy Officer, U.S. Customs and Border
Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue,
Washington, DC 20229. For privacy questions, please contact: Karen L.
Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office,
Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of

[[Page 26938]]

Homeland Security (DHS), U.S. Customs and Border Protection (CBP)
proposes to update and reissue a current DHS system of records titled,
``DHS/CBP-007 Border Crossing Information System of Records.'' CBP is
updating categories of records for this system of records notice (SORN)
to better reflect the categories of records in the DHS/CBP Border
Crossing Information system.
CBP's priority mission is to prevent terrorists and terrorist
weapons from entering the country while facilitating legitimate travel
and trade. To facilitate this mission, CBP maintains border crossing
information about all individuals who enter, are admitted or paroled
into, and (when available) exit from the United States regardless of
method or conveyance. Border crossing information includes certain
biographic and biometric information; photographs; certain mandatory or
voluntary itinerary information provided by air, sea, bus, and rail
carriers or any other forms of passenger transportation; and the time
and location of the border crossing. Border crossing information
resides on the TECS (not an acronym) information technology platform.
DHS/CBP is updating this system of records to provide notice to the
public about the update and expansion of the categories of records as
part of DHS's ongoing effort to better reflect the categories of
records in its collection of information. DHS/CBP previously published
this system of records notice in the Federal Register on May 28, 2013
(78 FR 31958).
CBP is responsible for collecting and reviewing border crossing
information from travelers entering and departing the United States as
part of DHS/CBP's overall border security and enforcement missions. All
individuals crossing the border are subject to CBP processing upon
arrival in the United States. Each traveler entering the United States
is required to establish his or her identity, nationality, and
admissibility, as applicable, to the satisfaction of a CBP officer
during the clearance process. To manage this process, CBP creates a
record of an individual's admission or parole into the United States at
a particular time and port of entry. CBP also collects information
about U.S. citizens and certain aliens (in-scope travelers pursuant to
8 CFR 215.8, ``requirements for biometric identifiers from aliens on
departure from the United States'') upon departure from the United
States for law enforcement purposes and to document their border
crossing.
DHS is statutorily mandated to create and integrate an automated
entry and exit system that records the arrival and departure of aliens,
verifies alien identities, and authenticates alien travel documents
through the comparison of biometric identifiers (8 U.S.C. 1365(b)).
Certain aliens may be required to provide biometrics (including digital
fingerprint scans, palm prints, photographs, facial and iris images, or
other biometric identifiers) upon arrival in or departure from the
United States. The biometric data is stored in the Automated Biometric
Identification System (IDENT) information technology platform. IDENT
stores and processes biometric data (e.g., digital fingerprints, palm
prints, photographs, and iris scans) and links biometrics with
biographic information to establish and verify identities. The IDENT
information technology platform serves as the biometric repository for
the Department, and also stores related biographic information.
Previously DHS established the United States Visitor and Immigrant
Status Indicator Technology (US-VISIT) Program to manage an automated
entry and exit system. On March 16, 2013, US-VISIT's entry and exit
operations (including deployment of a biometric exit system) were
transferred to CBP through the Consolidated and Further Continuing
Appropriations Act of 2013 (Pub. L. 113-6, H.R. 933). The Act also
transferred US-VISIT's overstay analysis function to U.S. Immigration
and Customs Enforcement (ICE) and US-VISIT's biometric identity
management services to the Office of Biometric Management (OBIM), which
is a newly-created office within the National Protection and Programs
Directorate (NPPD). CBP assumed biometric entry and exit operations on
April 1, 2013.
CBP continues to develop mechanisms to collect biometric
information from departing aliens since assuming responsibility for US-
VISIT's entry and exit operations. During these operations, CBP
officers may employ technology (e.g. wireless handheld devices or
standalone kiosk) to collect biographic and biometric information from
certain aliens determined to be in-scope pursuant to 8 CFR 215.8
``Requirements for biometric identifiers from aliens on departure from
the United States'' prior to exiting the United States. Biometrics are
checked against the IDENT system's watchlist of known or suspected
terrorists (KST), criminals, and immigration violators to help
determine if a person is using an alias or attempting to use fraudulent
identification. Biographic and biometric data is encrypted when it is
collected and the data is transmitted in an encrypted format to the
IDENT system. The data is automatically deleted from the mobile device
after the transmission is complete. The handheld mobile devices
incorporate strict physical and procedural controls, such as Federal
Information Processing Standard (FIPS)-compliant data encryption;
residual information removal; and required authorization for users to
sign-in using approved user account names and passwords.
Collection of additional biometric information from individuals
crossing the border (such as information regarding scars, marks,
tattoos, and palm prints) aids biometric sharing between the Department
of Justice (DOJ) Integrated Automated Fingerprint Identification System
(IAFIS)/Next Generation Identification (NGI) and the IDENT system. The
end result is enhanced access to (and in some cases acquisition of)
IAFIS/NGI information by the IDENT system and its users. DHS, DOJ/FBI,
and the Department of State (DOS)/Bureau of Consular Services entered
into a Memorandum of Understanding (MOU) for Improved Information
Sharing Services in 2008. The MOUs established the framework for
sharing information in accordance with an agreed-upon technical
solution for expanded IDENT/IAFIS/NGI interoperability, which provides
access to additional data for a greater number of authorized users.
CBP collects border crossing information stored in this system of
records through a number of sources, for example: (1) Travel documents
(e.g., a foreign passport) presented by an individual at a CBP port of
entry when he or she provided no advance notice of the border crossing
to CBP; (2) carriers that submit information in advance of travel
through the Advance Passenger Information System (APIS); (3)
information stored in the Global Enrollment System (GES) (see DHS/CBP-
002 Global Enrollment System (GES) SORN, 78 FR 3441, (January 16,
2013)) as part of a trusted or registered traveler program; (4) non-
federal governmental authorities that issued valid travel documents
approved by the Secretary of DHS (e.g., an Enhanced Driver's License
(EDL)); (5) another federal agency that issued a valid travel document
(e.g., data from a DOS visa, passport including passport card, or
Border Crossing Card); or (6) the Canada Border Services Agency (CBSA)
pursuant to the Beyond the Border Entry/Exit Program. When a traveler
enters, is admitted to, paroled into, or departs from the United
States, his or her biographical information, photograph (when
available), and crossing details (time and location) is maintained in
accordance with the

[[Page 26939]]

DHS/CBP-007 Border Crossing Information SORN.
DHS/CBP is updating the categories of records to provide notice
that CBP is collecting biometrics such as digital fingerprints,
photographs, and iris scans from certain non-U.S. citizens at the time
of the border crossing or in support of their use of Global Entry or
another trusted traveler program. In addition, CBP is updating the
categories of records in the SORN to provide notice that CBP plans to
collect information regarding scars, marks, tattoos, and palm prints
from individuals at the border to aid biometric interoperability
between the IAFIS/NGI and the IDENT system. Finally, CBP is updating
the categories of records associated with APIS transmissions to better
reflect the information collected and maintained in the DHS/CBP-007 BCI
SORN.
Consistent with DHS's information sharing mission, information
stored in the DHS/CBP-007 BCI SORN may be shared with other DHS
components that have a need to know the information to carry out their
national security, law enforcement, immigration, intelligence, or other
homeland security functions.
The exemptions for the existing system of records notice published
May 28, 2013 (78 FR 31958) continue to apply for this updated system of
records for those categories of records listed in the previous System
of Records Notice. However, several new categories of records may
contain law enforcement sensitive information. Due to the nature of
this information, CBP will issue an updated notice and final rule for
proposed exemptions for these new categories of records pursuant to 5
U.S.C. 552a(j)(2) and 5 U.S.C. 552 a(k)(2). Furthermore, to the extent
certain categories of records are ingested from other systems, the
exemptions applicable to the source systems will remain in effect.

II. Privacy Act

The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the Federal 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 from 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 U.S. citizens and lawful
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals when systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors.
Below is the description of the DHS/CBP-007 Border Crossing
Information (BCI) 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
Department of Homeland Security (DHS)/U.S. Customs and Border
Protection (CBP)-007.

System name:
DHS/CBP-007 Border Crossing Information (BCI).

Security classification:
Unclassified, Sensitive, For Official Use Only (FOUO), and Law
Enforcement-Sensitive (LES).

System location:
CBP maintains records at CBP Headquarters in Washington, DC and at
field offices. This computer database is located at CBP National Data
Center (NDC) in Washington, DC. Computer terminals are located at
customhouses, border ports of entry, airport inspection facilities
under the jurisdiction of DHS, and other locations at which DHS
authorized personnel may be posted to facilitate DHS's mission.
Terminals may also be located at appropriate facilities for other
participating government agencies.

Categories of individuals covered by the system:
Individuals with records stored in BCI includes U.S. citizens,
lawful permanent residents (LPR), and immigrant and non-immigrant
aliens who lawfully cross the U.S. border by air, land, or sea,
regardless of method of transportation or conveyance.

Categories of records in the system:
CBP collects and stores the following records in the BCI system as
border crossing information:
Full name (last, first, and, if available, middle);
Date of birth;
Gender;
Travel document type and number (e.g., passport
information, permanent resident card, Trusted Traveler Program card);
Issuing country or entity and expiration date;
Photograph (when available);
Country of citizenship;
Tattoos;
Scars;
Marks;
Palm prints;
Digital fingerprints;
Photographs;
Digital iris scans;
Radio Frequency Identification (RFID) tag number(s) (if
land or sea border crossing);
Date and time of crossing;
Lane for clearance processing;
Location of crossing;
Secondary Examination Status; and
For land border crossings only, License Plate number or
Vehicle Identification Number (VIN) (if no plate exists).
CBP maintains in BCI information derived from an associated APIS
transmission (when applicable), including:
Full name (last, first, and, if available, middle);
Date of birth;
Gender;
Country of citizenship;
Passport/alien registration number and country of
issuance;
Passport expiration date;
Country of residence;
Status on board the aircraft;
Travel document type;
United States destination address (for all private
aircraft passengers and crew, and commercial air, rail, bus, and vessel
passengers except for U.S. Citizens, LPRs, crew, and those in transit);
Place of birth and address of permanent residence
(commercial flight crew only);
Pilot certificate number and country of issuance (flight
crew only, if applicable);
Passenger Name Record (PNR) locator number;
Primary inspection lane;
ID inspector;
Records containing the results of comparisons of
individuals to information maintained in CBP's law enforcement
databases as well as information from the Terrorist Screening Database
(TSDB);
Information on individuals with outstanding wants or
warrants; and
Information from other government agencies regarding high
risk parties.
CBP collects records under the Entry/Exit Program with Canada, such
as border crossing data from the CBSA, including:
Full name (last, first, and if available, middle);
Date of Birth;
Nationality (citizenship);
Gender;
Document Type;

[[Page 26940]]

Document Number;
Document Country of Issuance;
Port of entry location (Port code);
Date of entry; and
Time of entry.
In addition, air and sea carriers or operators covered by the APIS
rules and rail and bus carriers (to the extent voluntarily applicable)
also transmit or provide the following information to CBP for retention
in BCI:
Airline carrier code;
Flight number;
Vessel name;
Vessel country of registry/flag;
International Maritime Organization number or other
official number of the vessel;
Voyage number;
Date of arrival/departure;
Foreign airport/port where the passengers and crew members
began their air/sea transportation to the United States;
For passengers and crew members destined for the United
States:
[cir] The location where the passengers and crew members will
undergo customs and immigration clearance by CBP.
For passengers and crew members who are transiting through
(and crew on flights over flying) the United States and not clearing
CBP:
[cir] The foreign airport/port of ultimate destination; and
[cir] Status on board (whether an individual is crew or non-crew).
For passengers and crew departing the United States:
[cir] Final foreign airport/port of arrival.
Other information also stored in this system of records includes:
Aircraft registration number provided by pilots of private
aircraft;
Type of aircraft;
Call sign (if available);
CBP issued decal number (if available);
Place of last departure (e.g., ICAO airport code, when
available);
Date and time of aircraft arrival;
Estimated time and location of crossing U.S. border or
coastline;
Name of intended airport of first landing, if applicable;
Owner or lessee name (first, last, and middle, if
available, or business entity name);
Owner or lessee contact information (address, city, state,
zip code, country, telephone number, fax number, and email address,
pilot, or private aircraft pilot name);
Pilot information (license number, street address (number
and street, city state, zip code, country, telephone number, fax
number, and email address));
Pilot license country of issuance;
Operator name (for individuals: last, first, and middle,
if available; or name of business entity, if available);
Operator street address (number and street, city, state,
zip code, country, telephone number, fax number, and email address);
Aircraft color(s);
Complete itinerary (foreign airport landings within 24
hours prior to landing in the United States);
24-hour emergency point of contact information (e.g.,
broker, dispatcher, repair shop, or other third party who is
knowledgeable about this particular flight)
[cir] Full name (last, first, and middle (if available)) and
telephone number;
Incident to the transmission of required information via
eAPIS (for general aviation itineraries, pilot, and passenger
manifests), records will also incorporate the pilot's email address.
To the extent private aircraft operators and carriers operating in
the land border environment may transmit APIS, similar information may
also be recorded in BCI by CBP with regard to such travel. CBP also
collects the license plate number of the conveyance (or VIN number when
no plate exists) in the land border environment for both arrival and
departure (when departure information is available).

Authority for maintenance of the system:
Authority for BCI is provided by the Enhanced Border Security and
Visa Entry Reform Act of 2002 (Pub. L. 107-173, 116 Stat. 543 (2002));
the Aviation and Transportation Security Act of 2001 (Pub. L. 107-71,
115 Stat. 597); the Intelligence Reform and Terrorism Prevention Act of
2004 (Pub. L. 108-458, 118 Stat. 3638 (2004)); the Immigration and
Nationality Act, as amended (8 U.S.C. 1185 and 1354); and the Tariff
Act of 1930, as amended (19 U.S.C. 1322-1683g, including 19 U.S.C. 66,
1433, 1454, 1485, 1624 and 2071).

Purpose(s):
CBP collects and maintains this information to vet and inspect
persons arriving in or departing from the United States; to determine
identity, citizenship, and admissibility; and to identify persons who:
(1) May be (or are suspected of being) a terrorist or having
affiliations to terrorist organizations; (2) have active warrants for
criminal activity; (3) are currently inadmissible or have been
previously removed from the United States; or (4) have been otherwise
identified as potential security risks or raise a law enforcement
concern. For immigrant and non-immigrant aliens, the information is
also collected and maintained to ensure information related to a
particular border crossing is available for providing any applicable
benefits related to immigration or other enforcement purposes. Lastly,
CBP maintains information in BCI to retain a historical record of
persons crossing the border to facilitate law enforcement,
counterterrorism, and benefits processing.

Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ), including Offices of the
United States Attorneys, or other federal agency conducting litigation
or in proceedings before any court, adjudicative, or administrative
body, when it is relevant or 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 or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The United States or any agency thereof.
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 (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
D. To an agency or organization 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. DHS has determined that as a result of the suspected or
confirmed compromise, there is a risk of identity theft or fraud, harm
to economic or property interests, harm to an

[[Page 26941]]

individual, 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
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, when 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 appropriate federal, state, tribal, local, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, or
license, when DHS believes the information would assist enforcement of
applicable civil or criminal laws.
I. To the CBSA for law enforcement and immigration purposes, as
well as to facilitate cross-border travel when an individual enters the
United States from Canada.
J. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations when
DHS reasonably believes there to be a threat (or potential threat) to
national or international security for which the information may be
relevant in countering the threat (or potential threat).
K. To a federal, state, tribal, or local agency, other appropriate
entity or individual, or foreign governments, in order to provide
relevant information related to intelligence, counterintelligence, or
antiterrorism activities authorized by U.S. law, Executive Order, or
other applicable national security directive.
L. To an organization or individual in either the public or private
sector (foreign or domestic) when there is a reason to believe that the
recipient is (or could become) the target of a particular terrorist
activity or conspiracy, or when the information is relevant and
necessary to the protection of life or property.
M. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purposes of protecting the vital interests of the data subject or
other persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease, to combat other significant public health
threats, or to provide appropriate notice of any identified health
threat or risk.
N. 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 response to a subpoena, or in connection with
criminal law proceedings.
O. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation.
P. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations when
DHS is aware of a need to use relevant data for purposes of testing new
technology.
Q. 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:
CBP stores records in this system electronically in the operational
system or on paper in secure facilities in a locked drawer behind a
locked door. The records may be stored on magnetic disc, tape, digital
media and CD-ROM.

Retrievability:
CBP retrieves records by name or other personal identifiers listed
in the categories of records, above.

Safeguards:
DHS/CBP safeguards records in this system in accordance with
applicable rules and policies, including all applicable DHS automated
systems security and access policies. Strict controls are imposed to
minimize the risk of compromising the information that is being stored.
CBP limits access to BCI to those individuals who have a need to know
the information for the performance of their official duties and who
also have appropriate clearances or permissions.

Retention and disposal:
CBP is working with NARA to develop the appropriate retention
schedule based on the information below. For persons CBP determines to
be U.S. citizens and LPRs, information in BCI that is related to a
particular border crossing is maintained for 15 years from the date
when the traveler entered, was admitted to or paroled into, or departed
the United States, at which time it is deleted from BCI. For non-
immigrant aliens, the information will be maintained for 75 years from
the date of admission or parole into or departure from the United
States in order to ensure that the information related to a particular
border crossing is available for providing any applicable benefits
related to immigration or for other law enforcement purposes.
Information related to border crossings prior to a change in status
will follow the 75 year retention period for non-immigrant aliens who
become U.S. citizens or LPRs following a border crossing that leads to
the creation of a record in BCI. All information regarding border
crossing by such persons following their change in status will follow
the 15 year retention period applicable to U.S. citizens and LPRs. For
all travelers, however, BCI records linked to active law enforcement
lookout records, DHS/CBP matches to enforcement activities, or
investigations or cases remain accessible for the life of the primary
records of the law

[[Page 26942]]

enforcement activities to which the BCI records may relate, to the
extent retention for such purposes exceeds the normal retention period
for such data in BCI.

System Manager and address:
Director, Office of Automated Systems, U.S. Customs and Border
Protection Headquarters, 1300 Pennsylvania Avenue NW., Washington, DC
20229.

Notification procedure:
DHS allows persons (including foreign nationals) to seek
administrative access under the Privacy Act to information maintained
in BCI. However, the Secretary of DHS exempted portions of this system
from the notification, access, and amendment procedures of the Privacy
Act because it is a law enforcement system. Nonetheless, DHS/CBP 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 DHS Chief
Freedom of Information Act (FOIA) Officer or CBP 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 that concern him or her, the individual
may submit the request to the Chief Privacy Officer and Chief FOIA
Officer, Department of Homeland Security, 245 Murray Lane 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. Although 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/foia or 1-866-431-0486. In addition, you should:
Explain 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; and
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 the above information, CBP 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:
BCI receives information from individuals who arrive in, depart
from, or transit through the United States. This system also collects
information from carriers that operate vessels, vehicles, aircraft, or
trains that enter or exit the United States, including private aircraft
operators. Lastly, BCI receives border crossing information received
from CBSA.

Exemptions claimed for the system:
No exemption shall be asserted with respect to information
maintained in the system that is collected from a person at the time of
crossing and submitted by that person's air, sea, bus, or rail carriers
if that person, or his or her agent, seeks access or amendment of such
information.
The Privacy Act, however, requires DHS to maintain an accounting of
the disclosures made pursuant to all routines uses. Disclosing the fact
that a law enforcement or intelligence agency has sought particular
records may affect ongoing law enforcement activities. The Secretary of
Homeland Security, pursuant to 5 U.S.C. 552a(j)(2), exempted this
system from the following provisions of the Privacy Act: Sections
(c)(3), (e)(8), and (g) of the Privacy Act of 1974, as amended, as is
necessary and appropriate to protect this information. Further, DHS has
exempted section (c)(3) of the Privacy Act of 1974, as amended,
pursuant to 5 U.S.C. 552a(k)(2) as is necessary and appropriate to
protect this information.
Additionally, this system contains records or information
recompiled from or created from information contained in other systems
of records that are exempt from certain provision of the Privacy Act.
This system also contains accountings of disclosures made with respect
to information maintained in the system. For these records or
information only, in accordance with 5 U.S.C. 552a(j)(2) and (k)(2),
DHS will also claim the original exemptions for these records or
information from subsections (c)(3) and (4); (d)(1), (2), (3), and (4);
(e)(1), (2), (3), (4)(G) through (I), (5), and (8); (f); and (g) of the
Privacy Act of 1974, as amended, as necessary and appropriate to
protect such information.

Dated: May 1, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-11288 Filed 5-8-15; 8:45 am]
BILLING CODE 9111-14-P

Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 26937

soliciting comments concerning the Homeland Security proposes to update The exemptions for the existing
following information collection: and reissue a current Department of system of records notice published May
Title: Passenger List/Crew List. Homeland Security system of records 28, 2013 (78 FR 31958) continue to
OMB Number: 1651–0103. titled, ‘‘Department of Homeland apply for this updated system of records
Form Number: Form I–418. Security/U.S. Customs and Border for those categories of records listed in
Abstract: CBP Form I–418 is Protection-007 Border Crossing the previous BCI System of Records
prescribed by CBP, for use by masters, Information(BCI) System of Records.’’ Notice. However, U.S. Customs and
owners, or agents of vessels in This system of records allows U.S. Border Protection will issue an updated
complying with Sections 231 and 251 of Customs and Border Protection to notice and Final Rule to address that
the Immigration and Nationality Act collect and maintain records on border certain records ingested from the
(INA). This form is filled out upon crossing information for all individuals Advance Passenger Information System
arrival and departure of any person by who enter, are admitted or paroled into, (APIS) (see DHS/CBP–005 Advance
commercial vessel at any port within and (when available) exit from the Passenger Information System (APIS)
the United States from any place outside United States, regardless of method or SORN, 80 FR 13407 (March 13, 2015))
the United States. The master or conveyance. Border crossing will continue to be covered by the
commanding officer of the vessel is information includes certain biographic exemptions claimed for those records in
responsible for providing CBP officers at and biometric information; photographs; that system pursuant to 5 U.S.C.
the port of arrival and departure with certain mandatory or voluntary itinerary 552a(j)(2) and 5 U.S.C. 552a(k)(2). The
lists or manifests of the persons on information provided by air, sea, bus, Department of Homeland Security will
board such conveyances. CBP is and rail carriers or any other forms of include this system in its inventory of
currently working to allow for electronic passenger transportation; and the time record systems.
submission of the information on CBP and location of the border crossing. DATES: This updated system will be
Form I–418. This form is provided for This system of records notice was effective upon the public display of this
in 8 CFR 251.1, and 251.3. A copy of previously published in the Federal notice. Although this system is effective
CBP Form I–418 can be found at http:// Register on May 28, 2013 (78 FR 31958). upon publication, DHS will accept and
www.cbp.gov/sites/default/files/ A Final Rule exempting portions of this consider comments from the public and
documents/CBP%20Form%20I-418.pdf. system from certain provisions of the evaluate the need for any revisions to
Current Actions: This submission is Privacy Act was published on February this notice.
being made to reinstate this previously 3, 2010, and remains in effect (75 FR ADDRESSES: You may submit comments,
approved information collection with a 5491). The Department of Homeland
change to the burden hours resulting identified by docket number DHS–
Security/U.S. Customs and Border 2015–0021 by one of the following
from updated estimates of the number of Protection is updating the categories of
I–418s filed. There are no changes to the methods:
records to include the capture of • Federal e-Rulemaking Portal:
information collected or to Form I–418. biometric information including digital
Type of Review: Reinstatement (with http://www.regulations.gov. Follow the
fingerprints, photographs, and iris scans instructions for submitting comments.
change).
Affected Public: Businesses.
at the border as part of the Department’s • Fax: 202–343–4010.
Estimated Number of Respondents: ongoing effort to better reflect the • Mail: Karen L. Neuman, Chief
48,000. categories of records in its collection of Privacy Officer, Privacy Office,
Estimated Time per Respondent: 1 information. U.S. Customs and Border Department of Homeland Security,
hour. Protection also is updating the system of Washington, DC 20528.
Estimated Total Annual Hours: records notice to include the collection Instructions: All submissions received
48,000. of records, including photographs of must include the agency name and
scars, marks, tattoos, and palm prints docket number for this rulemaking. All
Dated: May 6, 2015. comments received will be posted
from individuals in connection with the
Tracey Denning, biometric sharing between the without change to http://
Agency Clearance Officer, U.S. Customs and Integrated Automated Fingerprint www.regulations.gov, including any
Border Protection. Identification System/Next Generation personal information provided.
[FR Doc. 2015–11335 Filed 5–8–15; 8:45 am] Identification of the Department of Docket: For access to the docket to
BILLING CODE 9111–14–P Justice/Federal Bureau of Investigation read background documents or
and the Department of Homeland comments received, please visit http://
Security Automated Biometric www.regulations.gov.
DEPARTMENT OF HOMELAND Identification System information FOR FURTHER INFORMATION CONTACT: For
SECURITY technology platform. Finally, U.S. general questions, please contact: John
Customs and Border Protection is Connors (202) 344–1610, Privacy
Office of the Secretary Officer, U.S. Customs and Border
updating the categories of records
[Docket No. DHS–2015–0021] collected from an associated Advance Protection, Privacy and Diversity Office,
Passenger Information System 1300 Pennsylvania Avenue,
Privacy Act of 1974; Department of transmission to accurately represent Washington, DC 20229. For privacy
Homeland Security U.S. Customs and collection of personally identifiable questions, please contact: Karen L.
Border Protection-007 Border Crossing information at the border. Neuman, (202) 343–1717, Chief Privacy
Information System of Records The Department of Homeland Officer, Privacy Office, Department of
tkelley on DSK3SPTVN1PROD with NOTICES

AGENCY: Privacy Office, Department of Security/U.S. Customs and Border Homeland Security, Washington, DC
Homeland Security. Protection is updating this system of 20528.
ACTION: Notice of Privacy Act system of records notice to provide notice of the SUPPLEMENTARY INFORMATION:
records. collection of biometric information from
U.S. citizens and certain aliens upon I. Background
SUMMARY: In accordance with the arrival to, and departure from, the In accordance with the Privacy Act of
Privacy Act of 1974, the Department of United States. 1974, 5 U.S.C. 552a, the Department of

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26938 Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices

Homeland Security (DHS), U.S. Customs identities, and authenticates alien travel the mobile device after the transmission
and Border Protection (CBP) proposes to documents through the comparison of is complete. The handheld mobile
update and reissue a current DHS biometric identifiers (8 U.S.C. 1365(b)). devices incorporate strict physical and
system of records titled, ‘‘DHS/CBP–007 Certain aliens may be required to procedural controls, such as Federal
Border Crossing Information System of provide biometrics (including digital Information Processing Standard (FIPS)-
Records.’’ CBP is updating categories of fingerprint scans, palm prints, compliant data encryption; residual
records for this system of records notice photographs, facial and iris images, or information removal; and required
(SORN) to better reflect the categories of other biometric identifiers) upon arrival authorization for users to sign-in using
records in the DHS/CBP Border Crossing in or departure from the United States. approved user account names and
Information system. The biometric data is stored in the passwords.
CBP’s priority mission is to prevent Automated Biometric Identification Collection of additional biometric
terrorists and terrorist weapons from System (IDENT) information technology information from individuals crossing
entering the country while facilitating platform. IDENT stores and processes the border (such as information
legitimate travel and trade. To facilitate biometric data (e.g., digital fingerprints, regarding scars, marks, tattoos, and
this mission, CBP maintains border palm prints, photographs, and iris palm prints) aids biometric sharing
crossing information about all scans) and links biometrics with between the Department of Justice (DOJ)
individuals who enter, are admitted or biographic information to establish and Integrated Automated Fingerprint
paroled into, and (when available) exit verify identities. The IDENT Identification System (IAFIS)/Next
from the United States regardless of information technology platform serves Generation Identification (NGI) and the
method or conveyance. Border crossing as the biometric repository for the IDENT system. The end result is
information includes certain biographic Department, and also stores related enhanced access to (and in some cases
and biometric information; photographs; biographic information. acquisition of) IAFIS/NGI information
certain mandatory or voluntary itinerary Previously DHS established the by the IDENT system and its users. DHS,
information provided by air, sea, bus, United States Visitor and Immigrant DOJ/FBI, and the Department of State
and rail carriers or any other forms of Status Indicator Technology (US–VISIT) (DOS)/Bureau of Consular Services
passenger transportation; and the time Program to manage an automated entry entered into a Memorandum of
and location of the border crossing. and exit system. On March 16, 2013, Understanding (MOU) for Improved
Border crossing information resides on US–VISIT’s entry and exit operations Information Sharing Services in 2008.
the TECS (not an acronym) information (including deployment of a biometric The MOUs established the framework
technology platform. DHS/CBP is exit system) were transferred to CBP for sharing information in accordance
updating this system of records to through the Consolidated and Further with an agreed-upon technical solution
provide notice to the public about the Continuing Appropriations Act of 2013 for expanded IDENT/IAFIS/NGI
update and expansion of the categories (Pub. L. 113–6, H.R. 933). The Act also interoperability, which provides access
of records as part of DHS’s ongoing transferred US–VISIT’s overstay to additional data for a greater number
effort to better reflect the categories of analysis function to U.S. Immigration of authorized users.
records in its collection of information. and Customs Enforcement (ICE) and CBP collects border crossing
DHS/CBP previously published this US–VISIT’s biometric identity information stored in this system of
system of records notice in the Federal management services to the Office of records through a number of sources, for
Register on May 28, 2013 (78 FR 31958). Biometric Management (OBIM), which example: (1) Travel documents (e.g., a
CBP is responsible for collecting and is a newly-created office within the foreign passport) presented by an
reviewing border crossing information National Protection and Programs individual at a CBP port of entry when
from travelers entering and departing Directorate (NPPD). CBP assumed he or she provided no advance notice of
the United States as part of DHS/CBP’s biometric entry and exit operations on the border crossing to CBP; (2) carriers
overall border security and enforcement April 1, 2013. that submit information in advance of
missions. All individuals crossing the CBP continues to develop travel through the Advance Passenger
border are subject to CBP processing mechanisms to collect biometric Information System (APIS); (3)
upon arrival in the United States. Each information from departing aliens since information stored in the Global
traveler entering the United States is assuming responsibility for US–VISIT’s Enrollment System (GES) (see DHS/
required to establish his or her identity, entry and exit operations. During these CBP–002 Global Enrollment System
nationality, and admissibility, as operations, CBP officers may employ (GES) SORN, 78 FR 3441, (January 16,
applicable, to the satisfaction of a CBP technology (e.g. wireless handheld 2013)) as part of a trusted or registered
officer during the clearance process. To devices or standalone kiosk) to collect traveler program; (4) non-federal
manage this process, CBP creates a biographic and biometric information governmental authorities that issued
record of an individual’s admission or from certain aliens determined to be in- valid travel documents approved by the
parole into the United States at a scope pursuant to 8 CFR 215.8 Secretary of DHS (e.g., an Enhanced
particular time and port of entry. CBP ‘‘Requirements for biometric identifiers Driver’s License (EDL)); (5) another
also collects information about U.S. from aliens on departure from the federal agency that issued a valid travel
citizens and certain aliens (in-scope United States’’ prior to exiting the document (e.g., data from a DOS visa,
travelers pursuant to 8 CFR 215.8, United States. Biometrics are checked passport including passport card, or
‘‘requirements for biometric identifiers against the IDENT system’s watchlist of Border Crossing Card); or (6) the Canada
from aliens on departure from the known or suspected terrorists (KST), Border Services Agency (CBSA)
United States’’) upon departure from the criminals, and immigration violators to pursuant to the Beyond the Border
tkelley on DSK3SPTVN1PROD with NOTICES

United States for law enforcement help determine if a person is using an Entry/Exit Program. When a traveler
purposes and to document their border alias or attempting to use fraudulent enters, is admitted to, paroled into, or
crossing. identification. Biographic and biometric departs from the United States, his or
DHS is statutorily mandated to create data is encrypted when it is collected her biographical information,
and integrate an automated entry and and the data is transmitted in an photograph (when available), and
exit system that records the arrival and encrypted format to the IDENT system. crossing details (time and location) is
departure of aliens, verifies alien The data is automatically deleted from maintained in accordance with the

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Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 26939

DHS/CBP–007 Border Crossing extends administrative Privacy Act • Tattoos;
Information SORN. protections to all individuals when • Scars;
DHS/CBP is updating the categories of systems of records maintain information • Marks;
records to provide notice that CBP is on U.S. citizens, lawful permanent • Palm prints;
collecting biometrics such as digital residents, and visitors. • Digital fingerprints;
fingerprints, photographs, and iris scans Below is the description of the DHS/ • Photographs;
from certain non-U.S. citizens at the CBP–007 Border Crossing Information • Digital iris scans;
time of the border crossing or in support (BCI) System of Records. • Radio Frequency Identification
of their use of Global Entry or another In accordance with 5 U.S.C. 552a(r), (RFID) tag number(s) (if land or sea
trusted traveler program. In addition, DHS has provided a report of this border crossing);
CBP is updating the categories of system of records to the Office of • Date and time of crossing;
records in the SORN to provide notice Management and Budget and to • Lane for clearance processing;
that CBP plans to collect information Congress. • Location of crossing;
regarding scars, marks, tattoos, and • Secondary Examination Status; and
palm prints from individuals at the System of Records • For land border crossings only,
border to aid biometric interoperability Department of Homeland Security License Plate number or Vehicle
between the IAFIS/NGI and the IDENT (DHS)/U.S. Customs and Border Identification Number (VIN) (if no plate
system. Finally, CBP is updating the Protection (CBP)–007. exists).
categories of records associated with CBP maintains in BCI information
APIS transmissions to better reflect the SYSTEM NAME: derived from an associated APIS
information collected and maintained in DHS/CBP–007 Border Crossing transmission (when applicable),
the DHS/CBP–007 BCI SORN. Information (BCI). including:
Consistent with DHS’s information • Full name (last, first, and, if
SECURITY CLASSIFICATION:
sharing mission, information stored in available, middle);
the DHS/CBP–007 BCI SORN may be Unclassified, Sensitive, For Official • Date of birth;
shared with other DHS components that Use Only (FOUO), and Law • Gender;
have a need to know the information to Enforcement-Sensitive (LES). • Country of citizenship;
carry out their national security, law SYSTEM LOCATION: • Passport/alien registration number
enforcement, immigration, intelligence, and country of issuance;
CBP maintains records at CBP
or other homeland security functions. • Passport expiration date;
Headquarters in Washington, DC and at
The exemptions for the existing • Country of residence;
field offices. This computer database is
system of records notice published May • Status on board the aircraft;
located at CBP National Data Center
28, 2013 (78 FR 31958) continue to • Travel document type;
apply for this updated system of records (NDC) in Washington, DC. Computer • United States destination address
for those categories of records listed in terminals are located at customhouses, (for all private aircraft passengers and
the previous System of Records Notice. border ports of entry, airport inspection crew, and commercial air, rail, bus, and
However, several new categories of facilities under the jurisdiction of DHS, vessel passengers except for U.S.
records may contain law enforcement and other locations at which DHS Citizens, LPRs, crew, and those in
sensitive information. Due to the nature authorized personnel may be posted to transit);
of this information, CBP will issue an facilitate DHS’s mission. Terminals may • Place of birth and address of
updated notice and final rule for also be located at appropriate facilities permanent residence (commercial flight
proposed exemptions for these new for other participating government crew only);
categories of records pursuant to 5 agencies. • Pilot certificate number and country
U.S.C. 552a(j)(2) and 5 U.S.C. 552 CATEGORIES OF INDIVIDUALS COVERED BY THE of issuance (flight crew only, if
a(k)(2). Furthermore, to the extent SYSTEM: applicable);
certain categories of records are ingested Individuals with records stored in BCI • Passenger Name Record (PNR)
from other systems, the exemptions includes U.S. citizens, lawful locator number;
applicable to the source systems will permanent residents (LPR), and • Primary inspection lane;
remain in effect. immigrant and non-immigrant aliens • ID inspector;
who lawfully cross the U.S. border by • Records containing the results of
II. Privacy Act
air, land, or sea, regardless of method of comparisons of individuals to
The Privacy Act embodies fair information maintained in CBP’s law
transportation or conveyance.
information practice principles in a enforcement databases as well as
statutory framework governing the CATEGORIES OF RECORDS IN THE SYSTEM: information from the Terrorist
means by which the Federal CBP collects and stores the following Screening Database (TSDB);
Government collects, maintains, uses, records in the BCI system as border • Information on individuals with
and disseminates individuals’ records. crossing information: outstanding wants or warrants; and
The Privacy Act applies to information • Full name (last, first, and, if • Information from other government
that is maintained in a ‘‘system of available, middle); agencies regarding high risk parties.
records.’’ A ‘‘system of records’’ is a • Date of birth; CBP collects records under the Entry/
group of any records under the control • Gender; Exit Program with Canada, such as
of an agency from which information is • Travel document type and number border crossing data from the CBSA,
tkelley on DSK3SPTVN1PROD with NOTICES

retrieved by the name of an individual (e.g., passport information, permanent including:
or by some identifying number, symbol, resident card, Trusted Traveler Program • Full name (last, first, and if
or other identifying particular assigned card); available, middle);
to the individual. In the Privacy Act, an • Issuing country or entity and • Date of Birth;
individual is defined to encompass U.S. expiration date; • Nationality (citizenship);
citizens and lawful permanent • Photograph (when available); • Gender;
residents. As a matter of policy, DHS • Country of citizenship; • Document Type;

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Federal Register / Vol. 80, No. 90 / Monday, May 11, 2015 / Notices 26941

individual, or harm to the security or related to intelligence, POLICIES AND PRACTICES FOR STORING,
integrity of this system or other systems counterintelligence, or antiterrorism RETRIEVING, ACCESSING, RETAINING, AND
or programs (whether maintained by activities authorized by U.S. law, DISPOSING OF RECORDS IN THE SYSTEM:
DHS or another agency or entity) that Executive Order, or other applicable STORAGE:
rely upon the compromised national security directive. CBP stores records in this system
information; and L. To an organization or individual in electronically in the operational system
3. The disclosure made to such either the public or private sector or on paper in secure facilities in a
agencies, entities, and persons is (foreign or domestic) when there is a locked drawer behind a locked door.
reasonably necessary to assist in reason to believe that the recipient is (or The records may be stored on magnetic
connection with DHS’s efforts to could become) the target of a particular disc, tape, digital media and CD–ROM.
respond to the suspected or confirmed terrorist activity or conspiracy, or when
compromise and prevent, minimize, or RETRIEVABILITY:
the information is relevant and
remedy such harm. necessary to the protection of life or CBP retrieves records by name or
F. To contractors and their agents, other personal identifiers listed in the
property.
grantees, experts, consultants, and categories of records, above.
others performing or working on a M. To appropriate federal, state, local,
contract, service, grant, cooperative tribal, or foreign governmental agencies SAFEGUARDS:
agreement, or other assignment for DHS, or multilateral governmental DHS/CBP safeguards records in this
when necessary to accomplish an organizations for the purposes of system in accordance with applicable
agency function related to this system of protecting the vital interests of the data rules and policies, including all
records. Individuals provided subject or other persons, including to applicable DHS automated systems
information under this routine use are assist such agencies or organizations in security and access policies. Strict
subject to the same Privacy Act preventing exposure to or transmission controls are imposed to minimize the
requirements and limitations on of a communicable or quarantinable risk of compromising the information
disclosure as are applicable to DHS disease, to combat other significant that is being stored. CBP limits access to
officers and employees. public health threats, or to provide BCI to those individuals who have a
G. To an appropriate federal, state, appropriate notice of any identified need to know the information for the
tribal, local, international, or foreign law health threat or risk. performance of their official duties and
enforcement agency or other appropriate N. To a court, magistrate, or who also have appropriate clearances or
authority charged with investigating or administrative tribunal in the course of permissions.
prosecuting a violation or enforcing or presenting evidence, including
RETENTION AND DISPOSAL:
implementing a law, rule, regulation, or disclosures to opposing counsel or
order, when a record, either on its face witnesses in the course of civil CBP is working with NARA to
or in conjunction with other discovery, litigation, or settlement develop the appropriate retention
information, indicates a violation or negotiations, or in response to a schedule based on the information
potential violation of law, which subpoena, or in connection with below. For persons CBP determines to
includes criminal, civil, or regulatory criminal law proceedings. be U.S. citizens and LPRs, information
violations and such disclosure is proper in BCI that is related to a particular
O. To third parties during the course
and consistent with the official duties of border crossing is maintained for 15
of a law enforcement investigation to
the person making the disclosure. years from the date when the traveler
the extent necessary to obtain
H. To appropriate federal, state, tribal, entered, was admitted to or paroled
information pertinent to the
local, or foreign governmental agencies into, or departed the United States, at
investigation.
or multilateral governmental which time it is deleted from BCI. For
P. To appropriate federal, state, local, non-immigrant aliens, the information
organizations responsible for
tribal, or foreign governmental agencies will be maintained for 75 years from the
investigating or prosecuting the
or multilateral governmental date of admission or parole into or
violations of, or for enforcing or
organizations when DHS is aware of a departure from the United States in
implementing, a statute, rule,
need to use relevant data for purposes order to ensure that the information
regulation, order, or license, when DHS
of testing new technology. related to a particular border crossing is
believes the information would assist
enforcement of applicable civil or Q. To the news media and the public, available for providing any applicable
criminal laws. with the approval of the Chief Privacy benefits related to immigration or for
I. To the CBSA for law enforcement Officer in consultation with counsel, other law enforcement purposes.
and immigration purposes, as well as to when there exists a legitimate public Information related to border
facilitate cross-border travel when an interest in the disclosure of the crossings prior to a change in status will
individual enters the United States from information or when disclosure is follow the 75 year retention period for
Canada. necessary to preserve confidence in the non-immigrant aliens who become U.S.
J. To appropriate federal, state, local, integrity of DHS or is necessary to citizens or LPRs following a border
tribal, or foreign governmental agencies demonstrate the accountability of DHS’s crossing that leads to the creation of a
or multilateral governmental officers, employees, or individuals record in BCI. All information regarding
organizations when DHS reasonably covered by the system, except to the border crossing by such persons
believes there to be a threat (or potential extent it is determined that release of following their change in status will
threat) to national or international the specific information in the context follow the 15 year retention period
tkelley on DSK3SPTVN1PROD with NOTICES

security for which the information may of a particular case would constitute an applicable to U.S. citizens and LPRs.
be relevant in countering the threat (or unwarranted invasion of personal For all travelers, however, BCI records
potential threat). privacy. linked to active law enforcement
K. To a federal, state, tribal, or local lookout records, DHS/CBP matches to
agency, other appropriate entity or DISCLOSURE TO CONSUMER REPORTING enforcement activities, or investigations
AGENCIES:
individual, or foreign governments, in or cases remain accessible for the life of
order to provide relevant information None. the primary records of the law

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Document Created: 2018-02-21 10:26:16
Document Modified: 2018-02-21 10:26:16

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice of Privacy Act system of records.
Dates		This updated system will be effective upon the public display of this notice. Although this system is effective upon publication, DHS will accept and consider comments from the public and evaluate the need for any revisions to this notice.
Contact		For general questions, please contact: John Connors (202) 344-1610, Privacy Officer, U.S. Customs and Border Protection, Privacy and Diversity Office, 1300 Pennsylvania Avenue, Washington, DC 20229. For privacy questions, please contact: Karen L. Neuman, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528.
FR Citation		80 FR 26937

80 FR 26937 - Privacy Act of 1974; Department of Homeland Security U.S. Customs and Border Protection-007 Border Crossing Information System of Records

DEPARTMENT OF HOMELAND SECURITYOffice of the Secretary

Federal Register Volume 80, Issue 90 (May 11, 2015)

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary