80 FR 30259 - Privacy Act of 1974; Department of Homeland Security Office of Operations Coordination and Planning-004 Publicly Available Social Media Monitoring and Situational Awareness Initiative System of Records

DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary

Federal Register Volume 80, Issue 101 (May 27, 2015)

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/Office of Operations Coordination and Planning-004 Publicly Available Social Media Monitoring and Situational Awareness Initiative System of Records.'' The Office of Operations Coordination and Planning National Operations Center created the Publicly Available Social Media Monitoring and Situational Awareness Initiative to assist the Department of Homeland Security (DHS) and its Components involved in fulfilling DHS's statutory responsibility to provide situational awareness. As a result of a biennial review of this system, the Department of Homeland Security/Office of Operations Coordination and Planning is updating this system of records notice to (1) clarify the information that may be collected about anchors, newscasters, or other on-scene reporters; (2) permit the collection of information about current and former public officials who are potential victims of incidents or activities related to Homeland Security; (3) clarify the system classification level; and (4) clarify the record source categories. This updated system will continue to be included in the Department of Homeland Security's inventory of record systems.

[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30259-30262]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-12692]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2015-0025]


Privacy Act of 1974; Department of Homeland Security Office of 
Operations Coordination and Planning-004 Publicly Available Social 
Media Monitoring and Situational Awareness Initiative System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of an updated Privacy Act system of records.

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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/Office of Operations Coordination and Planning-004 Publicly 
Available Social Media Monitoring and Situational Awareness Initiative 
System of Records.'' The Office of Operations Coordination and Planning 
National Operations Center created the Publicly Available Social Media 
Monitoring and Situational Awareness Initiative to assist the 
Department of Homeland Security (DHS) and its Components involved in 
fulfilling DHS's statutory responsibility to provide situational 
awareness. As a result of a biennial review of this system, the 
Department of Homeland Security/Office of Operations Coordination and 
Planning is updating this system of records notice to (1) clarify the 
information that may be collected about anchors, newscasters, or other 
on-scene reporters; (2) permit the collection of information about 
current and former public officials who are potential victims of 
incidents or activities related to Homeland Security; (3) clarify the 
system classification level; and (4) clarify the record source 
categories. This updated system will continue to be included in the 
Department of Homeland Security's inventory of record systems.

DATES: Submit comments on or before June 26, 2015. This updated system 
will be effective June 26, 2015.

ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0025 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: 
Michael Page, (202) 357-7626, Privacy Point of Contact, Office of 
Operations Coordination and Planning, Department of Homeland Security, 
Washington, DC 20528. 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 Homeland Security (DHS) Office of Operations Coordination 
and Planning (OPS) proposes to update and reissue a current DHS system 
of records titled, ``DHS/OPS-004 Publicly Available Social Media 
Monitoring and Situational Awareness Initiative System of Records.''
    The DHS/OPS-004 Publicly Available Social Media Monitoring and 
Situational Awareness Initiative System of Records allows the DHS/OPS 
National Operations Center (NOC) to fulfill its mandate to provide 
situational awareness and a common operating picture for the entire 
Federal Government, and for state, local, and tribal governments as 
appropriate, and to ensure that critical terrorism and disaster-related 
information reaches government decision-makers. 6 U.S.C. 321d(b). As a 
result of a biennial review of this system, DHS is updating this SORN 
to (1) clarify that the fifth category of individuals may include any 
of the categories of records for anchors, newscasters, or on-scene 
reporters; (2) expand the sixth category of individuals to include 
current and former public officials who are potential victims of 
incidents or activities related to Homeland Security; (3) limit the 
system classification to Unclassified and For Official Use Only; and 
(4) update the record source categories to clarify that all records 
within this system are collected from publicly available social media 
Web sites.
    As described in the DHS/OPS/PIA-004 Publicly Available Social Media 
Monitoring and Situational Awareness Initiative Privacy Impact 
Assessment and associated updates (which are available on the DHS 
Privacy Office Web site at http://www.dhs.gov/privacy), the NOC 
monitors publicly available online forums, blogs, public Web sites, and 
message boards. Through the use of publicly available search engines 
and content aggregators, the NOC monitors activities on social media 
for information it can use to provide situational awareness and 
establish a common operating picture. The NOC gathers, stores, 
analyzes, and disseminates relevant and appropriate de-identified 
information to federal, state, local, and foreign governments, and 
private sector partners authorized to receive situational awareness and 
a common operating picture. Under this initiative, OPS generally does 
not: (1) Actively seek personally identifiable information (PII); (2) 
post any information; (3) actively seek to connect with other internal/
external personal users; (4) accept other internal/external personal 
users' invitations to connect; or (5) interact on social media sites. 
However, OPS is permitted to establish user names and passwords to form 
profiles and follow relevant government, media, and subject matter 
experts on social media sites in order to use search tools under 
established criteria and search terms for monitoring that supports 
providing situational awareness and establishing a common operating 
picture. Furthermore, PII on the following categories of individuals 
may be collected when it lends

[[Page 30260]]

credibility to the report or facilitates coordination with federal, 
state, local, tribal, territorial, foreign, or international government 
partners: (1) U.S. and foreign individuals in extremis situations 
involving potential life or death circumstances; (2) Senior U.S. and 
foreign government officials who make public statements or provide 
public updates; (3) U.S. and foreign government spokespersons who make 
public statements or provide public updates; (4) U.S. and foreign 
private sector officials and spokespersons who make public statements 
or provide public updates; (5) Anchors, newscasters, or on-scene 
reporters who are known or identified as reporters in their post or 
article or who use traditional or social media in real time to keep 
their audience situationally aware and informed; (6) public officials, 
current and former, who are victims or potential victims of incidents 
or activities related to Homeland Security and; (7) known terrorists, 
drug cartel leaders, or other persons known to have been involved in 
major crimes or terror of Homeland Security interest who are killed or 
found dead.
    The NOC will identify and monitor only information needed to 
provide situational awareness and establish a common operating picture. 
The NOC will use this information to fulfill the statutory mandate set 
forth in 6 U.S.C. 321d(b) to include the sharing of information with 
foreign governments and the private sector as otherwise authorized by 
law.
    DHS is authorized to implement this program primarily through 6 
U.S.C. 121; 44 U.S.C. 3101; Executive Order (E.O.) 13388; 6 U.S.C. 
321d; and Homeland Security Presidential Directive 5. Routine uses 
contained in this notice include sharing with the Department of Justice 
(DOJ) for legal advice and representation; to a congressional office at 
the request of an individual; to NARA for records management; to 
contractors in support of their contract assignment to DHS; to 
appropriate federal, state, tribal, local, international, foreign 
agency, or other appropriate entity including the privacy sector in 
their role aiding OPS in their mission; to agencies, organizations, or 
individuals for the purpose of audit; to agencies, entities, or persons 
during a security or information compromise or breach; or to an agency, 
organization, or individual when there could potentially be a risk of 
harm to an individual. This system of records is not subject to the 
Paperwork Reduction Act because DHS is not requesting specific 
information from the public.
    Consistent with DHS's information sharing mission, information 
contained in the DHS/OPS-004 Publicly Available Social Media Monitoring 
and Situational Awareness Initiative System of Records may be shared 
with other DHS Components, as well as appropriate federal, state, 
local, tribal, territorial, foreign, or international government 
agencies. This sharing will take place only after DHS determines that 
the receiving DHS Component or agency has a verifiable need to know the 
information to carry out national security, law enforcement, 
immigration, intelligence, or other functions consistent with the 
routine uses set forth in this system of records notice.
    This updated system will be included in DHS's inventory of record 
systems.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a 
statutory framework governing the means by which federal government 
agencies collect, maintain, use, and disseminate 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. The Privacy Act 
defines ``individual'' as a U.S. citizen or a lawful permanent 
resident. 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/OPS-004 Publicly Available 
Social Media Monitoring and Situational Awareness Initiative 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)/Office of Operations 
Coordination and Planning (OPS)-004.

System name:
    DHS/OPS-004.

Security classification:
    Unclassified, For Official Use Only.

System location:
    Records are maintained at the Department of Homeland Security (DHS) 
Office of Operations Coordination and Planning (OPS) National 
Operations Center (NOC) Headquarters in Washington, DC and field 
locations.

Categories of individuals covered by the system:
    Categories of individuals covered by the system may include:
     U.S. and foreign individuals in extremis situations 
involving potential life or death circumstances;
     Senior U.S. and foreign government officials who make 
public statements or provide public updates;
     U.S. and foreign government spokespersons who make public 
statements or provide public updates;
     U.S. and foreign private sector officials and 
spokespersons who make public statements or provide public updates;
     Anchors, newscasters, or on-scene reporters who are known 
or identified as reporters in their post or article or who use 
traditional or social media in real time to keep their audience 
situationally aware and informed;
     Current and former public officials who are victims or 
potential victims of incidents or activities related to Homeland 
Security; and
     Known terrorists, drug cartel leaders, or other persons 
known to have been involved in major crimes or terror of Homeland 
Security interest (e.g., mass shooters such as those at Navy Yard or 
Los Angeles airport), who are killed or found dead.

Categories of records in the system:
    Categories of records in the system may include:
     Full name;
     Affiliation;
     Position or title; and
     Publicly available user ID.

Authority for maintenance of the system:
    6 U.S.C. 121; 44 U.S.C. 3101; Executive Order (E.O.) 13388; Office 
of Operations Coordination and Planning Delegation 0104; and Homeland 
Security Presidential Directive 5.

Purpose(s):
    The purpose of this system is to fulfill the DHS Office of 
Operations and Coordination's (OPS) statutory responsibility to provide 
situational awareness and establish a common operating picture for the 
entire Federal Government, and for state, local, and tribal governments 
as appropriate, and to ensure that critical disaster-related 
information reaches government decision makers. DHS/OPS NOC may share 
information with private sector and international partners when 
necessary, appropriate, and authorized by law.

[[Page 30261]]

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 
U.S. Attorneys, or other federal agencies conducting litigation or in 
proceedings before any court, adjudicative, or administrative body, 
when it is relevant or necessary to the litigation or proceedings and 
one of the following is a party to the litigation or proceedings or has 
an interest in such litigation or proceedings:
    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 U.S. 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 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 appropriate federal, state, local, tribal, or foreign 
governmental agencies or multilateral governmental organizations for 
the purpose of protecting the vital interests of a data subject or 
other persons, including to assist such agencies or organizations in 
preventing exposure to or transmission of a communicable or 
quarantinable disease or to combat other significant public health 
threats; appropriate notice will be provided of any identified health 
threat or risk.
    H. To the entire federal government, to state, local, and tribal 
governments, and to appropriate private sector individuals within the 
Critical Infrastructure Key Resources Community to provide situational 
awareness and establish a common operating picture and to ensure that 
critical disaster-related information reaches government decision 
makers when PII lends credibility to the report or facilitates 
coordination with interagency or international partners.

Disclosure to consumer reporting agencies:
    None.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    DHS/OPS stores records in this system electronically or on paper in 
secure facilities in a locked drawer behind a locked door. The records 
may be stored on magnetic disc, tape, and digital media.

Retrievability:
    Much of the data within this system does not pertain to an 
individual; rather, the information pertains to locations, geographic 
areas, facilities, and other things or objects not related to 
individuals. However, some personal information may be captured. Most 
information is stored as free text and any word, phrase, or number is 
searchable.

Safeguards:
    DHS/OPS safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. OPS has imposed strict controls to 
minimize the risk of compromising the information that is being stored. 
Access to the computer system containing the records in this system is 
limited to those individuals who have a need to know the information 
for the performance of their official duties and who have appropriate 
clearances or permissions.

Retention and disposal:
    In accordance with NARA records schedule #N1-563-08-23, OPS 
maintains records for 5 years.

System Manager and address:
    Director, Office of Operations Coordination and Planning, National 
Operations Center, U.S. Department of Homeland Security, Washington, DC 
20528.

Notification procedure:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Chief Privacy Officer or OPS 
Freedom of Information Act Officer (FOIA), whose contact information 
can be found at http://www.dhs.gov/foia under ``FOIA Contact 
Information.'' If an individual believes more than one component 
maintains Privacy Act records concerning him or her, the individual may 
submit the request to the Chief Privacy Officer and Chief FOIA Officer, 
Department of Homeland Security, 245 Murray Drive SW., Building 410, 
STOP-0655, Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the DHS Privacy Act regulations set forth in 6 CFR part 5, subpart 
B. You must first verify your identity, meaning that you must provide 
your full name, current address, and date and place of birth. You must 
sign your request, and your signature must either be notarized or 
submitted under 28 U.S.C. 1746, a law that permits statements to be 
made under penalty of perjury as a substitute for notarization. While 
no specific form is required, you may obtain forms for this purpose 
from the Chief Privacy Officer and Chief Freedom of Information Act 
Officer, http://www.dhs.gov/foia or (866) 431-0486. In addition, you 
should:

[[Page 30262]]

     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, the component(s) may not be able to 
conduct an effective search, and your request may be denied due to lack 
of specificity or lack of compliance with applicable regulations.

Record access procedures:
    See ``Notification procedure'' above.

Contesting record procedures:
    See ``Notification procedure'' above.

Record source categories:
    Information contained in this system is obtained from publicly 
available social media Web sites.

Exemptions claimed for the system:
    None.

    Dated: May 13, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-12692 Filed 5-26-15; 8:45 am]
 BILLING CODE 9110-9A-P