82 FR 49407 - Privacy Act of 1974; System of Records

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 82, Issue 205 (October 25, 2017)

Page Range		49407-49410
FR Document		2017-23203

In accordance with the Privacy Act of 1974, the Department of Homeland Security proposes to establish a new Department of Homeland Security system of records titled, ``DHS/ALL-040 DHS Personnel Recovery Information System of Records.'' This newly established system will be included in the Department of Homeland Security's inventory of record systems.

Federal Register, Volume 82 Issue 205 (Wednesday, October 25, 2017)

[Federal Register Volume 82, Number 205 (Wednesday, October 25, 2017)]
[Notices]
[Pages 49407-49410]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-23203]

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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2017-0046]

Privacy Act of 1974; System of Records

AGENCY: Department of Homeland Security, Privacy Office.

ACTION: Notice of New 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 establish a new Department of Homeland
Security system of records titled, ``DHS/ALL-040 DHS Personnel Recovery
Information System of Records.'' This newly established system will be
included in the Department of Homeland Security's inventory of record
systems.

DATES: Submit comments on or before November 24, 2017. This new system
will be effective upon publication. Routine uses will be effective
November 24, 2017.

ADDRESSES: You may submit comments, identified by docket number DHS-

[[Page 49408]]

2017-0046 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: Philip S. Kaplan, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.

FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Philip S. Kaplan, (202) 343-1717, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.

SUPPLEMENTARY INFORMATION:

I. Background

In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS) proposes to establish a new DHS
system of records titled, ``DHS/ALL-040 Personnel Recovery Information
System of Records.''
The DHS Personnel Recovery Programs are responsible for: Ensuring
that DHS personnel and contractors assigned overseas or on official
travel outside the continental United States (OCONUS) have proper
training and equipment to fulfill their respective mission; maintaining
a twenty-four (24) hour monitoring center for all overseas personnel
who are traveling outside their country of assignment; executing a
coordinated response to personnel recovery incidents; maintaining a
notification system within DHS to provide emergency-related
notifications as needed without jeopardizing the safety of DHS
personnel (including federal employees and contractors); and providing
and developing tracking and locating technology.
DHS will use the information collected in this system of records in
furtherance of its responsibilities to prevent, prepare for, and
respond to circumstances in which DHS and contractor personnel have
been abducted, detained, held hostage, declared missing, or impacted by
a terrorist attack, natural disaster, government takeover,
transportation accident, or are otherwise isolated from friendly
support, pursuant to Presidential Policy Directive (PPD)-30,\1\ Hostage
Recovery Activities, issued in 2015.
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\1\ Presidential Policy Directive-30 directs a renewed, more
agile United States Government response to hostage-takings of U.S.
nationals and other specified individuals abroad. Presidential
Policy Directive-30 supersedes and revokes NSPD-12, United States
Citizens Taken Hostage Abroad, dated February 18, 2002, along with
Annex 1 and Appendix A to NSPD-12, dated December 4, 2008, and is
available at https://www.whitehouse.gov/the-press-office/2015/06/24/presidential-policy-directive-hostage-recovery-activities.
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Presidential Policy Directive-30 directs each department and agency
with overseas responsibilities to, among other things, provide
personnel recovery preparation, education, and training programs to
enable personnel recovery from a threat environment.
This system of records is being established to document the types
of personal information collected on individuals, and to ensure that
such information is appropriately shared to enable the recovery of DHS
personnel (including federal employees and contractors) assigned
overseas or on official travel abroad in the event they are isolated
from friendly support. The Personnel Recovery Information System will
be used to facilitate collaboration with the Department of State (DOS)
and other federal agencies. The information will be maintained in DHS
systems that serve as data repositories of personnel data.
Information covered by the Personnel Recovery Information System of
Records is only used for personnel recovery purposes, and is only
shared outside DHS to further its personnel recovery objectives with
permission from DHS personnel.
Consistent with DHS's information sharing mission, information
stored in the DHS/ALL-040 Personnel Recovery Information System 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. In
addition, DHS may share information with appropriate federal, state,
local, tribal, territorial, foreign, or international government
agencies consistent with the routine uses set forth in this system of
records notice.
This newly established system will be included in DHS's inventory
of record systems.

II. Privacy Act

The Privacy Act embodies fair information practice principles
(FIPP) 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. In the Privacy Act, an individual is defined to
encompass U.S. citizens and lawful permanent residents. Additionally,
and similarly, the Judicial Redress Act (JRA) provides a statutory
right to covered persons to make requests for access and amendment to
covered records, as defined by the JRA, along with judicial review for
denials of such requests. In addition, the JRA prohibits disclosures of
covered records, except as otherwise permitted by the Privacy Act.
Below is the description of the DHS/ALL-040 Personnel Recovery
Information 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 NAME AND NUMBER:
Department of Homeland Security (DHS)/ALL-040 Personnel Recovery
Information.

SECURITY CLASSIFICATION:
Unclassified, Sensitive, For Official Use Only, Law enforcement-
Sensitive.

SYSTEM LOCATION:
Records are maintained at the DHS Headquarters in Washington, DC,
component headquarters and field offices, and as component-specific
systems. Electronic/Information Technology (IT) records are maintained
within DHS systems that serve as data repositories of personnel data.

SYSTEM MANAGER(S):
For DHS Headquarters components, the System Manager is the Deputy
Chief Freedom of Information Act (FOIA) Officer, Department of Homeland
Security, Washington, DC 20528. For components of DHS, the System
Manager can be found at http://www.dhs.gov/foia under ``Contacts.''

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Authority for maintaining this system is in 6 U.S.C. 236; 8 U.S.C.
1103; 22 U.S.C. secs. 4801, 4802, and 4805; and Presidential Policy
Directive (PPD)-30, Hostage Recovery Activities.

PURPOSE(S) OF THE SYSTEM:
The purpose of this system is to permit DHS's collection, use,
maintenance, dissemination, and storage of information to: Facilitate
identification of DHS personnel (including employees and contractors)
assigned overseas or on official travel abroad for whom DHS has the
responsibility to recover or account; maintain situational awareness of
the location of DHS personnel; and coordinate support services for
personnel who have been abducted,

[[Page 49409]]

detained, held hostage, declared missing, impacted by a terrorist
attack, natural disaster, government takeover, aircraft/motor vehicle
accident, or are otherwise isolated from friendly support.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
DHS personnel (including federal employees and contractors) and
non-DHS Federal employees who are members of DHS-led task forces
assigned overseas or on official travel outside the United States.
Information will also be collected from family members, domestic
partners, and emergency contacts of personnel assigned overseas or on
official travel outside the United States.

CATEGORIES OF RECORDS IN THE SYSTEM:
Mandatory fields include the following:
Full Name;
Alias(es);
Business title/position title;
Gender;
Biometric (i.e., fingerprint data and facial photographic
data) and other information (i.e., race, ethnicity, weight, height, eye
color, hair color) collected to conduct background checks;
Foreign Travel Itinerary;
Foreign Language and Fluency Level;
Personnel Recovery Training and Year Received;
Other Pertinent Training;
Prior Military/Branch;
Assignment Reason Narrative;
Assignment Location;
Work Email Address;
Security clearance information;
Business Cellular International Mobile Station Equipment
Identity (IMEI);
Business Phone Number;
Passport numbers and other travel documents (official or
diplomatic, and personal), including expiration date;
Citizenship;
Emergency contact information (at post and at home);
Identity verification or security questions and responses;
Supervisor contact information; and
Emergency contact information.
Optional fields include the following:
Blood Type;
Scars;
Tattoos;
Disfigurement;
Medical Conditions;
Allergies;
Medication;
Personal Cellular Phone Number;
Personal Cellular IMEI;
Other Electronic Device Type;
Other Electronic Device IMEI;
Personal Email Address #1;
Personal Email Address #2;
Regional Security Officer (RSO) Name;
RSO Direct Phone;
RSO Cell Phone;
Marine Post One Phone;
Regional Embassy/Consulate;
Tracking Device IMEI;
Personnel Recovery Equipment;
Cellular--World;
Cellular--World IMEI;
Cellular--Local;
Cellular--Local IMEI;
Religious preference;
Sizing information (e.g., shirt size, pant size, hat size,
shoe size);
Vehicle information;
Real-time location information;
Kit issuance; and
Information about family members and domestic partners of
personnel assigned OCONUS (name, passport numbers and issuing country,
contact information, date of birth, work location, school name and
location, medical conditions, and photographs).

RECORD SOURCE CATEGORIES:
Records are obtained from DHS personnel (including federal
employees and contractors).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND 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 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 determines that information from this system of records is
reasonably necessary and otherwise compatible with the purpose of
collection to assist another federal recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) preventing,
minimizing, or remedying the risk of harm to individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach; or
2. DHS suspects or has confirmed that there has been a breach of
this system of records; and (a) DHS has determined that as a result of
the suspected or confirmed breach, there is a risk of harm to
individuals, harm to DHS (including its information systems, programs,
and operations), the Federal Government, or national security; and (b)
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 breach or to 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 the Department of State (DOS) when necessary to coordinate
U.S. Embassy or Consulate support services for the employee.
H. To federal, state, and local governmental agencies or executive
offices, and foreign governments, when disclosure is appropriate for
proper planning or coordination of personnel recovery efforts or
assistance, as described in PPD-30.
I. To family members when the subject of the record is unable or
unavailable to sign a waiver and is

[[Page 49410]]

involved in an emergency situation, and the release is for the benefit
of the subject.
J. To members of Congress when the information is requested on
behalf of a family member of the individual to whom access is
authorized under routine use I.
K. 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, when
disclosure is necessary to preserve confidence in the integrity of DHS,
or when disclosure is necessary to demonstrate the accountability of
DHS's officers, employees, or individuals covered by the system, except
to the extent the Chief Privacy Officer determines that release of the
specific information in the context of a particular case would
constitute a clearly unwarranted invasion of personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS stores records in this system electronically or on paper in
secure facilities at the DHS Headquarters in Washington, DC, as well as
component headquarters and field offices, in a locked drawer behind a
locked door. The records may be stored on magnetic disc, tape, and
digital media.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by an individual's name, biometric
information, employee ID number, and telephone number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
For information used to account for personnel and maintain
communication during emergencies, office dismissal, and closure
situations, the Personnel Recovery Information system of records will
retain records until superseded or obsolete, or upon separation or
transfer of the employee, in accordance with NARA General Records
Schedule 5.3, Item 20.
For all other information in this system of records, the
information will be maintained in accordance with NARA General Records
Schedule 5.2, Item 10. This information is also retained until
superseded or obsolete, or upon separation or transfer of the employee.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS safeguards records in this system according to applicable rules
and policies, including all applicable DHS automated systems security
and access policies. DHS 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.

RECORD ACCESS PROCEDURES:
Individuals seeking access to and notification of 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 and
Headquarters or component's Freedom of Information Act (FOIA) Officer,
whose contact information can be found at http://www.dhs.gov/foia under
``Contacts 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 Freedom of Information Act Officer, Department of Homeland
Security, Washington, DC 20528-0655. Even if neither the Privacy Act
nor the Judicial Redress Act provide a right of access, certain records
about you may be available under the Freedom of Information Act.
When seeking records about yourself from this system of records or
any other Departmental system of records, your request must conform
with the Privacy Act regulations set forth in 6 CFR part 5. You must
first verify your identity, meaning that you must provide your full
name, current address, and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Chief Privacy
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov/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, 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.

CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records, see
``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
See ``Record Access Procedures.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.

HISTORY:
DHS/ALL-040 is a new system of records and DHS has not published
any prior notices that apply to the records.

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2017-23203 Filed 10-24-17; 8:45 am]
BILLING CODE 9110-9B-P

Federal Register / Vol. 82, No. 205 / Wednesday, October 25, 2017 / Notices 49409

detained, held hostage, declared • Other Electronic Device IMEI; General Services Administration
missing, impacted by a terrorist attack, • Personal Email Address #1; pursuant to records management
natural disaster, government takeover, • Personal Email Address #2; inspections being conducted under the
aircraft/motor vehicle accident, or are • Regional Security Officer (RSO) authority of 44 U.S.C. 2904 and 2906.
otherwise isolated from friendly Name; D. To an agency or organization for
support. • RSO Direct Phone; the purpose of performing audit or
• RSO Cell Phone; oversight operations as authorized by
CATEGORIES OF INDIVIDUALS COVERED BY THE • Marine Post One Phone; law, but only such information as is
SYSTEM: • Regional Embassy/Consulate; necessary and relevant to such audit or
DHS personnel (including federal • Tracking Device IMEI; oversight function.
employees and contractors) and non- • Personnel Recovery Equipment; E. To appropriate agencies, entities,
DHS Federal employees who are • Cellular—World; and persons when:
members of DHS-led task forces • Cellular—World IMEI; 1. DHS determines that information
assigned overseas or on official travel • Cellular—Local; from this system of records is
outside the United States. Information • Cellular—Local IMEI; reasonably necessary and otherwise
will also be collected from family • Religious preference; compatible with the purpose of
members, domestic partners, and • Sizing information (e.g., shirt size, collection to assist another federal
emergency contacts of personnel pant size, hat size, shoe size); recipient agency or entity in (1)
assigned overseas or on official travel • Vehicle information; responding to a suspected or confirmed
outside the United States. • Real-time location information; breach or (2) preventing, minimizing, or
• Kit issuance; and remedying the risk of harm to
CATEGORIES OF RECORDS IN THE SYSTEM: • Information about family members individuals, the recipient agency or
Mandatory fields include the and domestic partners of personnel entity (including its information
following: assigned OCONUS (name, passport systems, programs, and operations), the
• Full Name; numbers and issuing country, contact Federal Government, or national
• Alias(es); information, date of birth, work security, resulting from a suspected or
• Business title/position title; location, school name and location, confirmed breach; or
• Gender; medical conditions, and photographs). 2. DHS suspects or has confirmed that
• Biometric (i.e., fingerprint data and RECORD SOURCE CATEGORIES: there has been a breach of this system
facial photographic data) and other of records; and (a) DHS has determined
information (i.e., race, ethnicity, weight, Records are obtained from DHS
personnel (including federal employees that as a result of the suspected or
height, eye color, hair color) collected to confirmed breach, there is a risk of harm
conduct background checks; and contractors).
to individuals, harm to DHS (including
• Foreign Travel Itinerary; ROUTINE USES OF RECORDS MAINTAINED IN THE its information systems, programs, and
• Foreign Language and Fluency SYSTEM, INCLUDING CATEGORIES OF USERS AND operations), the Federal Government, or
Level; PURPOSES OF SUCH USES: national security; and (b) the disclosure
• Personnel Recovery Training and In addition to those disclosures made to such agencies, entities, and
Year Received; generally permitted under 5 U.S.C. persons is reasonably necessary to assist
• Other Pertinent Training; 552a(b) of the Privacy Act, all or a in connection with DHS’s efforts to
• Prior Military/Branch; portion of the records or information respond to the suspected or confirmed
• Assignment Reason Narrative; contained in this system may be breach or to prevent, minimize, or
• Assignment Location; disclosed outside DHS as a routine use remedy such harm.
• Work Email Address; pursuant to 5 U.S.C. 552a(b)(3) as F. To contractors and their agents,
• Security clearance information; follows: grantees, experts, consultants, and
• Business Cellular International A. To the Department of Justice (DOJ), others performing or working on a
Mobile Station Equipment Identity including Offices of the U.S. Attorneys, contract, service, grant, cooperative
(IMEI); or other federal agency conducting agreement, or other assignment for DHS,
• Business Phone Number; litigation or in proceedings before any when necessary to accomplish an
• Passport numbers and other travel court, adjudicative, or administrative agency function related to this system of
documents (official or diplomatic, and body, when it is relevant or necessary to records. Individuals provided
personal), including expiration date; the litigation and one of the following information under this routine use are
• Citizenship; is a party to the litigation or has an subject to the same Privacy Act
• Emergency contact information (at interest in such litigation: requirements and limitations on
post and at home); 1. DHS or any component thereof; disclosure as are applicable to DHS
• Identity verification or security 2. Any employee or former employee officers and employees.
questions and responses; of DHS in his/her official capacity; G. To the Department of State (DOS)
• Supervisor contact information; and 3. Any employee or former employee when necessary to coordinate U.S.
• Emergency contact information. of DHS in his/her individual capacity Embassy or Consulate support services
Optional fields include the following: when DOJ or DHS has agreed to for the employee.
• Blood Type; represent the employee; or H. To federal, state, and local
• Scars; 4. The United States or any agency governmental agencies or executive
• Tattoos;
sradovich on DSK3GMQ082PROD with NOTICES

thereof. offices, and foreign governments, when
• Disfigurement; B. To a congressional office from the disclosure is appropriate for proper
• Medical Conditions; record of an individual in response to planning or coordination of personnel
• Allergies; an inquiry from that congressional office recovery efforts or assistance, as
• Medication; made at the request of the individual to described in PPD–30.
• Personal Cellular Phone Number; whom the record pertains. I. To family members when the
• Personal Cellular IMEI; C. To the National Archives and subject of the record is unable or
• Other Electronic Device Type; Records Administration (NARA) or unavailable to sign a waiver and is

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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 New Privacy Act System of Records.
Dates		Submit comments on or before November 24, 2017. This new system will be effective upon publication. Routine uses will be effective November 24, 2017.
Contact		For general questions, please contact: Philip S. Kaplan, (202) 343-1717, Chief Privacy Officer, Privacy Office, Department of Homeland Security, Washington, DC 20528-0655.
FR Citation		82 FR 49407