83 FR 11780 - Privacy Act of 1974; System of Records

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 83, Issue 52 (March 16, 2018)

In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to modify and reissue a current DHS system of records titled, ``DHS/ALL-014 Department of Homeland Security Personnel Contact Information.'' This system of records covers DHS's collection and maintenance of records concerning DHS personnel (including Federal employees and contractors) for workforce accountability; DHS and non-DHS Federal employees, contractors, or other individuals who participate in or respond to all-hazard emergencies, including technical, manmade, or natural disasters, or who participate in emergency response training exercises; and individuals identified as emergency points of contact. Categories of individuals, categories of records, and retention schedules for this system of records have been modified and expanded to better reflect the Department's emergency personnel location record systems. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This modified system will be included in the DHS inventory of record systems.

[Federal Register Volume 83, Number 52 (Friday, March 16, 2018)]
[Notices]
[Pages 11780-11783]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05403]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2017-0074]


Privacy Act of 1974; System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of modified Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of 
Homeland Security (DHS) proposes to modify and reissue a current DHS 
system of records titled, ``DHS/ALL-014 Department of Homeland Security 
Personnel Contact Information.'' This system of records covers DHS's 
collection and maintenance of records concerning DHS personnel 
(including Federal employees and contractors) for workforce 
accountability; DHS and non-DHS Federal employees, contractors, or 
other individuals who participate in or respond to all-hazard 
emergencies, including technical, manmade, or natural disasters, or who 
participate in emergency response training exercises; and individuals 
identified as emergency points of contact. Categories of individuals, 
categories of records, and retention schedules for this system of 
records have been modified and expanded to better reflect the 
Department's emergency personnel location record systems. Additionally, 
this notice includes non-substantive changes to simplify the formatting 
and text of the previously published notice. This modified system will 
be included in the DHS inventory of record systems.

DATES: Submit comments on or before April 16, 2018. This modified 
system will be effective upon publication. New or modified routine uses 
will be effective April 16, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0074 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 and privacy questions, 
please contact Philip S. Kaplan, [email protected], (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, DHS 
proposes to modify a current DHS system of records titled, ``DHS/ALL-
014 Personnel Emergency Contact Information.''
    This system of records covers DHS's collection and maintenance of 
records concerning current and former DHS personnel (including Federal 
employees and contractors) for workforce accountability (e.g., tracking 
employee locations for safety and security purposes); Federal 
employees, contractors, or other individuals (e.g., state, local, 
tribal, and territorial [SLTT] personnel) who participate in or who 
respond to all-hazards emergencies including technical, manmade, or 
natural disasters, or who participate in emergency response training 
exercises; and individuals identified as emergency points of contact. 
DHS collects information of family members, next of kin, or other 
designated emergency contact persons for use in the event of an 
emergency.
    Categories of individuals, categories of records, and retention 
schedules for this system of records have been modified and expanded to 
better reflect the Department's emergency personnel location record 
systems.
    Categories of individuals have been expanded to include former DHS 
personnel; current and former Federal employees, contractors, or other 
individuals (e.g., SLTT personnel) who participate in or conduct 
emergency response training exercises; and individuals identified by 
current or former DHS personnel as emergency points of contact, 
including family members and next of kin.
    DHS is updating the category of records to include geospatial 
location information. DHS may collect this information from DHS 
personnel, including Federal employees and contractors; current and 
former Federal employees, contractors, or other individuals who 
participate in or conduct emergency response training exercises; 
current and former Federal employees, contractors, or other individuals 
who respond to all-hazards emergencies including technical, manmade, or 
natural disasters. DHS collects this information in order to facilitate 
the response efforts of deployed DHS and non-DHS personnel to all-
hazards emergencies and provide a clear operational picture of the 
location of emergency personnel. This enables DHS or the emergency 
managers to better direct emergency personnel and the overall response 
effort.
    In the course of responding to, or planning for, all-hazards 
emergencies, DHS may contact, locate, and deploy DHS personnel; 
implement the Continuity of Operations (COOP) Plan; and participate in 
emergency response training exercises. DHS may also utilize Federal 
Government employees from other Federal agencies who are deployed as a 
part of a mission assignment (pursuant to 42 U.S.C. 5197(c)) and non-
Federal Government employees, such as other SLTT personnel. This system 
of records encompasses the collection, storage, and use of information 
associated with such activities and for all individuals that 
participate in those activities. Additionally, for emergency 
notification purposes, DHS may contact the identified emergency 
contacts or next of kin of the individual.
    DHS is updating the record retention schedule to reflect the new 
and revised General Records Schedules under the Office of Management 
and Budget (OMB) and the National Archives and Records Administration 
(NARA) M-12-18, Managing Government Records Directive (Aug. 24, 2012). 
The previous General Records Schedules have been superseded.
    Consistent with DHS's information sharing mission, information 
stored in the DHS/ALL-014 Personnel Emergency Contact Information 
system of records notice (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. In addition, information may be shared with 
appropriate Federal, state, local, tribal, territorial, foreign, or 
international government agencies consistent with the routine uses set 
forth in this SORN. This updated system will be included in the 
Department'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

[[Page 11781]]

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 covered persons with 
a statutory right 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-014 Personnel Emergency 
Contact 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-014 Personnel Emergency 
Contact Information.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Records are maintained at DHS and Federal Emergency Management 
Agency (FEMA) Headquarters in Washington, DC and field offices. 
Personnel emergency contact information is typically maintained locally 
by individual DHS offices.

SYSTEM MANAGER(S):
    The System Manager is the Director, Office of Operations 
Coordination (OPS), Department of Homeland Security, Washington, DC 
20528.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Homeland Security Act of 2002, 6 U.S.C. 313, 314, 317, 320, 
321a, and 711; Robert T. Stafford Disaster Relief and Emergency 
Assistance Act, as amended, 42 U.S.C. 5144, 5149, 5170b, 5192, and 
5197.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is for DHS workforce accountability, to 
support DHS all-hazards emergency response deployments and exercises, 
and to contact designated persons in the event of an emergency.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals in this system include:
     Current and former DHS personnel, including Federal 
employees and contractors;
     Current and former Federal employees, contractors, or 
other individuals (e.g., SLTT personnel) who participate in or conduct 
emergency response training exercises;
     Current and former Federal employees, contractors, or 
other individuals (e.g., state, local, tribal, and territorial (SLTT) 
personnel) who respond to all-hazards emergencies including technical, 
manmade, or natural disasters; and
     Individuals identified by current or former DHS personnel 
as emergency points of contact, including family members and next of 
kin.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records related to current and former DHS personnel, 
including Federal employees and contractors, include:
     Name;
     Work contact information (address, email address, phone, 
fax);
     Personal contact information (address, email address, 
phone numbers, pager number, and personal identification number [PIN]);
     Company/organization name;
     Supervisor name and contact information.
    Categories of records related to DHS and non-DHS individuals 
identified as emergency points of contact may include:
     Name;
     Work contact information (address, email address, phone, 
fax);
     Personal contact information (address, email address, 
phone numbers, pager number, and pin number); and
     Relationship to current or former DHS personnel.
    Categories of records related to DHS and non-DHS Federal employees, 
contractors or other individuals who participate in or who respond to 
all-hazards emergencies including technical, manmade or natural 
disasters, or who participate in emergency response training exercises 
may include:
     Name;
     Social Security number;
     Date of birth;
     Identifiers related to deployment;
     Height, weight, and other personal characteristics, if 
applicable;
     Work contact information (address, email address, phone, 
fax);
     Personal contact information (address, email address, 
phone numbers, pager number, and pin number);
     Deployment contact information (lodging address and phone 
number) while deployed;
     Company/organization name and organization code;
     Job information (position title, start date, duty status, 
pay status, and employment type);
     Supervisor name and contact information;
     Deployment point of contact name and contact information;
     Approvals, authorizations, certifications, and proficiency 
levels for training and deployment;
     Information on deployment position (program area, position 
type);
     Geospatial location information;
     Status of credentials for access to regulated facilities;
     Status of Government credit card (yes or no);
     Clearance and access level;
     Deployment information (duty station, dates, and lodging);
     Skills inventory, qualifications, specialties, and 
proficiency levels;
     Volunteered medical information;
     Emergency response group/non-emergency response group 
status; and
     Emergency recall rosters.

RECORD SOURCE CATEGORIES:
    Records are obtained from DHS personnel (including Federal 
employees and contractors); individuals who participate in or conduct 
exercises or who respond to all-hazards emergencies including 
technical, manmade, or natural disasters; and other government 
agencies.

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 the U.S. Attorneys 
Offices, or other Federal agency conducting litigation or 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, only 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

[[Page 11782]]

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, 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 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 a Federal, state, tribal, or local agency, if the information 
is relevant and necessary, for the requesting agency's approval on the 
issuance of a security clearance or for the purpose of providing 
support in an all-hazards emergencies including technical, manmade, or 
natural disasters.
    I. To Federal, state, tribal, local, international, or foreign 
governmental agencies or executive offices, relief agencies, and non-
governmental organizations, when disclosure is appropriate for 
performance of the official duties required in response to all-hazards 
including technical, manmade, or natural disasters.
    J. To identified emergency contacts of:
    1. Current and former DHS personnel, including Federal employees 
and contractors;
    2. Current and former Federal employees, contractors, or other 
individuals who participate in or conduct exercises; or
    3. Current and former Federal employees, contractors, or other 
individuals who respond to all-hazards emergencies including technical, 
manmade, or natural disasters.
    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 or 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 an 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 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:
    DHS retrieves records by an individual's name, location, or other 
personal identifier.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records relating to current and former DHS employees, and 
individuals designated as emergency points of contact, will be reviewed 
annually and will be updated as necessary, and will be destroyed when 
obsolete, or upon separation or transfer of the employee, in accordance 
with National Archives and Records Administration (NARA) General 
Records Schedule (GRS) GRS 5.3, Item No. 020 (DAA-GRS-2016-0004-0002). 
Records on non-DHS individuals will be deleted when obsolete and of no 
longer use to the Department. The Department also intends to rely on 
GRS 2.7, Employee Health and Safety, which is currently pending with 
NARA. Federal Emergency Management Agency Records Schedule EOM-16, 
which will cover records related to deployment activities, will be 
submitted by FEMA to NARA for review and approval. FEMA proposes that 
records related to deployment activities be considered temporary 
records with a cutoff at the end of each calendar year and are 
destroyed 50 years after the cutoff date.

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 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 an individual is seeking records about himself or herself from 
this system of records or any other Departmental system of records, the 
individual's request must conform to

[[Page 11783]]

the Privacy Act regulations set forth in 6 CFR part 5. The individual 
must first verify his/her identity, meaning that the individual must 
provide his/her full name, current address, and date and place of 
birth. The individual must sign the request, and the individual's 
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, an 
individual 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, the individual should:
     Explain why the individual believes the Department would 
have information on him/her;
     Identify which component(s) of the Department the 
individual believes may have the information about him or her;
     Specify when the individual believes 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 an individual's request is seeking records pertaining to another 
living individual, the first individual must include a statement from 
the second individual certifying his/her agreement for the first 
individual to access his or her records.
    Without the above information, the component(s) may not be able to 
conduct an effective search, and the individual's 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 procedure.''

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    81 FR 48832 (July 26, 2016); 73 FR 61888 (October 17, 2008).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-05403 Filed 3-15-18; 8:45 am]
 BILLING CODE 9110-9B-P