83 FR 12015 - Privacy Act of 1974; System of Records

DEPARTMENT OF HOMELAND SECURITY

Federal Register Volume 83, Issue 53 (March 19, 2018)

In accordance with the Privacy Act of 1974, the U.S. Department of Homeland Security (DHS) proposes to modify and reissue a current DHS Immigration and Customs Enforcement (ICE) system of records titled, ``Department of Homeland Security (DHS)/U.S. Immigration and Customs Enforcement (ICE)-013 Alien Health Records System.'' This system of records allows the Department to maintain records that document the health screening, examination, and treatment of aliens arrested by the Department and detained by ICE for civil immigration purposes in facilities where the ICE Health Service Corps (IHSC) provides or oversees the provision of care. As a result of a review of this system, the Department is updating this system of records to include two new routine uses to describe how the Department may share information from this system. The purpose of this system is also being updated to include the new IHSC Patient Medical Record Portal (the ``Portal''), whereby individuals discharged from Immigration and Customs Enforcement facilities (either released from custody or removed from the United States) can log in and get a copy of their electronic medical record. As a result, a new category of records is being maintained in this system of records to support login capability for the Patient Medical Record Portal. Finally, 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 53 (Monday, March 19, 2018)]
[Notices]
[Pages 12015-12020]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-05542]


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DEPARTMENT OF HOMELAND SECURITY

[Docket No. DHS-2017-0071]


Privacy Act of 1974; System of Records

AGENCY: Privacy Office, Department of Homeland Security.

[[Page 12016]]


ACTION: Notice of modified privacy act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the U.S. 
Department of Homeland Security (DHS) proposes to modify and reissue a 
current DHS Immigration and Customs Enforcement (ICE) system of records 
titled, ``Department of Homeland Security (DHS)/U.S. Immigration and 
Customs Enforcement (ICE)-013 Alien Health Records System.'' This 
system of records allows the Department to maintain records that 
document the health screening, examination, and treatment of aliens 
arrested by the Department and detained by ICE for civil immigration 
purposes in facilities where the ICE Health Service Corps (IHSC) 
provides or oversees the provision of care. As a result of a review of 
this system, the Department is updating this system of records to 
include two new routine uses to describe how the Department may share 
information from this system. The purpose of this system is also being 
updated to include the new IHSC Patient Medical Record Portal (the 
``Portal''), whereby individuals discharged from Immigration and 
Customs Enforcement facilities (either released from custody or removed 
from the United States) can log in and get a copy of their electronic 
medical record. As a result, a new category of records is being 
maintained in this system of records to support login capability for 
the Patient Medical Record Portal. Finally, 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 18, 2018. This modified 
system will be effective upon publication. New or modified routine uses 
are effective April 18, 2018.

ADDRESSES: You may submit comments, identified by docket number DHS-
2017-0071 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: 
Amber Smith, [email protected], (202) 732-3300, Privacy Officer, 
U.S. Immigration and Customs Enforcement, Washington, DC, 20536-5600. 
For 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 ICE 
proposes to modify and reissue a current DHS system of records notice 
(SORN) titled, ``DHS/ICE-013 Alien Health Records System.''
    DHS is modifying the DHS/ICE-013 Alien Health Records SORN to add 
two new routine uses that will allow ICE to share information from the 
Alien Health Records system of records with the additional recipients 
for the specified purposes. DHS is also updating the purpose of this 
SORN to include the new IHSC Portal, whereby individuals discharged 
from ICE facilities (either released from custody or removed from the 
United States) can log in and get a copy of their electronic medical 
record. As a result, a new category of records is being maintained in 
this system of records to support login capability for the Portal.
    Records covered by this system of records is maintained by the 
IHSC, a division within ICE's Office of Enforcement and Removal 
Operations (ERO). (Note: IHSC was previously known as the Division of 
Immigration Health Services (DIHS).) This system of records covers 
medical, mental health, and dental records that document the medical 
screening, examination, diagnosis, and treatment of aliens whom ICE 
detains for civil immigration purposes in facilities where IHSC 
provides or oversees the provision of medical care. It also covers 
information about prisoners of the U.S. Marshals Service (USMS) who are 
housed in a detention facility operated by or on behalf of ICE pursuant 
to agreements with the USMS, and where IHSC provides or oversees the 
provision of medical care. IHSC provides necessary and appropriate 
medical, mental health, and dental care to ICE detainees. IHSC medical 
staff may also procure consultation, diagnostic, treatment, or 
procedural services that IHSC deems necessary and appropriate from 
external health care providers in facilities outside of IHSC. Medical 
information is typically shared with other health care providers to 
ensure a detainee's continuity of care. Information about individuals 
with infectious diseases of public health significance may be shared 
with public health officials in order to prevent exposure to or 
transmission of the disease.
    New routine uses, EE. and FF., have been added to allow ICE to 
share information covered by this SORN to third-parties for processing 
payments and for redress, respectively. Routine use GG., previously 
routine use EE., has been updated to simplify the formatting and text 
of the previously published notice.
    In addition, a new category of records has been added in support of 
the newly-developed Portal. The Portal permits individuals discharged 
from ICE custody to access a copy of their electronic medical record 
for a period of up to 12 months after they are discharged. Logging into 
the Portal requires former ICE detainees to enter a unique username and 
password that ICE provides to the alien upon discharge from the 
detention facility. The login credentials have been added in the 
``Categories of Records'' section below.
    Finally, IHSC is not subject to the provisions of the Health 
Insurance Portability and Accountability Act of 1996 (HIPAA) 
regulation, ``Standards for Privacy of Individually Identifiable Health 
Information'' (Privacy Rule), within 45 CFR parts 160 and 164. IHSC 
does not meet the statutory definition of a covered plan under HIPAA, 
42 U.S.C. 1320d(5), and is specifically excluded from the application 
of HIPAA as a ``government funded program . . . [w]hose principal 
activity is [t]he direct provision of healthcare to persons,'' 45 CFR 
160.103 (definition of a health plan). Because IHSC is not a covered 
entity, the restrictions prescribed by the HIPAA Privacy Rule are not 
applicable.
    Consistent with DHS's information sharing mission, information 
covered by the DHS/ICE-013 Alien Health Records system 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, DHS/ICE may share information with appropriate federal, 
state, local, tribal, territorial, foreign, or international government 
agencies consistent with the routine uses set forth in this SORN.
    This modified 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

[[Page 12017]]

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 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/ICE-013 Alien Health Records 
System SORN. 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)/U.S. Immigration and Customs 
Enforcement (ICE)-013 Alien Health Records System.

SECURITY CLASSIFICATION:
    Unclassified, For Official Use Only.

SYSTEM LOCATION:
    Records are maintained in the ICE electronic health records (eHR) 
system and at detention facilities where care is provided by the ERO 
IHSC. IHSC provides care to aliens in all Service Processing Centers, 
which are ICE-operated facilities; at most contract detention 
facilities, which are owned and operated by a private company with 
which ICE contracts for detention services; and in some 
Intergovernmental Service Agreement (IGSA) facilities. IGSAs are 
facilities operated by a city, county, or state government, and ICE 
contracts with them for detention services, leases bed space, or both 
from them. Records are also maintained at ICE Headquarters in 
Washington, DC, and at ICE ERO field offices.

SYSTEM MANAGER(S):
    Assistant Director, ICE Health Service Corps, Enforcement and 
Removal Operations, U.S. Immigration and Customs Enforcement, 500 12th 
Street SW, Washington, DC 20536.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 44 U.S.C. 3101; 8 U.S.C. 1103, 1222, and 1231; and 42 
U.S.C. 249.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system is to document and facilitate the 
provision of medical, dental, and mental health care to individuals in 
ICE custody in facilities where care is provided by IHSC. The system 
also supports the collection, maintenance, and sharing of medical 
information for these individuals in the interest of public health, 
especially in the event of a public health emergency, such as an 
epidemic or pandemic. Finally, this system facilitates continuity of 
care after individuals are discharged from ICE facilities by providing 
individuals with direct access to their records and disclosing records 
to other parties (e.g., medical providers), as appropriate.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Two categories of individuals are covered by this system. The first 
category is aliens detained by ICE for civil immigration purposes. 
These aliens have been booked into a detention facility where IHSC 
provides or oversees the provision of medical care. The second category 
is prisoners in the custody of the U.S. Marshals Service (USMS) who are 
being detained in facilities operated by or on behalf of ICE pursuant 
to agreements made with the USMS and who also receive medical care from 
IHSC. Hereafter, the term ``in ICE custody'' will be used to refer to 
both the aliens detained by ICE who receive medical care from IHSC, and 
the USMS prisoners being housed in IHSC-staffed detention facilities.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in this system include:
     Individual's name and aliases;
     Date of birth;
     Alien Registration Number (A-Number);
     USMS or Federal Bureau of Prisons Registration Number (if 
applicable);
     Phone numbers;
     Email addresses;
     Addresses;
     Country of Origin and Country of Citizenship;
     Nationality;
     Gender/Sex;
     Languages spoken;
     Medical history (self and family to establish medical 
history);
     Current medical conditions and diagnoses;
     Symptoms reported, including dates;
     Medical examination records and medical notes;
     Medical and mental health records and treatment plans;
     Dental history and records, including x-rays, treatment, 
and procedure records;
     Diagnostic data, such as tests ordered and test results;
     Problem list, which contains the diagnoses and medical 
symptoms or problems as determined by a medical practitioner or 
reported by the person;
     Records concerning the diagnosis and treatment of diseases 
or conditions that present a public health threat, including 
information about exposure of other individuals and reports to public 
health authorities;
     Correspondence related to an individual's medical, dental, 
and mental health care;
     External healthcare provider records (emergency room, 
hospitalizations, specialized care, records of previous medical care or 
testing) including medical or healthcare records received from other 
correctional systems or ICE detention facilities not staffed by IHSC;
     Payment authorizations for care provided by external 
healthcare providers and healthcare facilities;
     Evaluation records, including records related to mental 
competency evaluations;
     Prescription and over-the-counter drug records;
     Records related to medical grievances filed by individuals 
in ICE custody;
     Information about medical devices used by individuals such 
as hearing aids and pacemakers;
     Information about special needs and accommodations for an 
individual with disabilities, such as requiring a cane, wheelchair, 
special shoes, or needing to sleep on a bottom bunk;
     Physician or other medical/dental provider's name and 
credentials such as medical doctor, registered nurse, and Doctor of 
Dental Science;
     Refusal forms;
     Informed consent forms;
     Legal documents, such as death certificates, do-not-
resuscitate orders, or advance directives (e.g., living wills); and
     Login credentials used to access the Portal.

RECORD SOURCE CATEGORIES:
    Records are obtained from the individual, immediate family members, 
physicians, nurses, dentists, medical laboratories and testing 
facilities, hospitals, other medical and dental care providers, other 
law enforcement or custodial agencies, other detention facilities, and 
public health agencies.

[[Page 12018]]

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 
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 hospitals, physicians, medical laboratories and testing 
facilities, and other medical service providers, for the purpose of 
diagnosing and treating medical conditions or arranging the care of 
individuals in ICE custody and of individuals released or about to be 
released from ICE custody including, released under an order of 
supervision, on their own recognizance, on bond, on parole, or in 
another alternative to detention program.
    I. To prospective claimants and their attorneys for the purpose of 
negotiating the settlement of an actual or prospective claim against 
DHS or its current or former employees, in advance of the initiation of 
formal litigation or proceedings.
    J. To immediate family members and attorneys or other agents acting 
on behalf of an alien to assist those individuals in determining the 
current medical condition of an alien in ICE custody, provided they can 
present adequate verification of a familial or agency relationship with 
the alien.
    K. To federal, state, local, tribal, territorial, or foreign 
governmental agencies; multilateral governmental organizations; or 
other public health entities, for the purpose of protecting the vital 
interests of a record subject or other persons, including to assist 
such agencies or organizations during an epidemiological investigation, 
in facilitating continuity of care, preventing exposure to or 
transmission of a communicable or quarantinable disease of public 
health significance, or to combat other significant public health 
threats.
    L. To hospitals, physicians, and other healthcare providers for the 
purpose of protecting the health and safety of individuals who may have 
been exposed to a contagion or biohazard, or to assist such persons or 
organizations in preventing exposure to or transmission of a 
communicable disease, a disease that requires quarantine, or to combat 
other significant public health threats.
    M. To individuals for the purpose of determining if they have had 
contact in a custodial setting with a person known or suspected to have 
a communicable disease or disease that requires quarantine and to 
identify and protect the health and safety of others who may have been 
exposed.
    N. To the U.S. Marshals Service (USMS) concerning USMS prisoners 
who are or who will be held in detention facilities operated by or on 
behalf of ICE, and to federal, state, local, tribal, or territorial law 
enforcement or correctional agencies concerning an individual in ICE 
custody who is to be transferred to such agency's custody, in order to 
coordinate the transportation, custody, and care of these individuals.
    O. To third parties to facilitate release or placement of an 
individual (e.g., at a group home, homeless shelter, with a family 
member) whose case is being considered or prepared for release from DHS 
custody, or who has been released from DHS custody, but only such 
information that is relevant and necessary to arrange housing, 
continuing medical care, or other social services for the individual.
    P. To a domestic government agency or other appropriate healthcare 
authority for the purpose of providing information about an individual 
whose case is being considered or prepared for release from DHS custody 
or who has been released from DHS custody who, due to a condition such 
as mental illness, may pose a health or safety risk to himself/herself 
or to the community. DHS will only disclose health information about 
the individual that is relevant to the health or safety risk the 
individual may pose, or the means to mitigate that risk (e.g., the 
alien's need to remain on certain medication for a serious mental 
health condition).
    Q. To foreign governments for the purpose of coordinating and 
conducting

[[Page 12019]]

the removal or return of aliens from the United States to other nations 
when disclosure of information about the alien's health is necessary or 
advisable to safeguard the public health, to facilitate transportation 
of the alien, to obtain travel documents for the alien, to ensure 
continuity of medical care for the alien, or is otherwise required by 
international agreement or law. Disclosure of medical information may 
occur after the alien's removal when it is necessary or advisable to 
assist the foreign government with the alien's ongoing medical care.
    R. To the Federal Bureau of Prisons and other government agencies 
for the purpose of providing health information about an alien when 
custody of the alien is being transferred from DHS to the other agency. 
This will include the transfer of information about unaccompanied minor 
children to the U.S. Department of Health and Human Services (HHS).
    S. To state, local, tribal or territorial agencies or other 
appropriate authority for the purpose of reporting vital statistics 
(e.g., births, deaths).
    T. To a public or professional licensing organization when such 
information indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of a healthcare provider who is licensed or is seeking 
to become licensed.
    U. To courts, magistrates, administrative tribunals, opposing 
counsel, parties, and witnesses, in the course of immigration, civil, 
or criminal proceedings (including discovery, presentation of evidence, 
and settlement negotiations) and when DHS determines that use of such 
records is relevant and necessary to the litigation before a court or 
adjudicative body when any of the following is a party to or have an 
interest in the 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 the government has agreed to represent the employee; or
    4. The United States, when DHS determines that litigation is likely 
to affect DHS or any of its components.
    V. To an attorney or representative (as defined in 8 CFR 1.2, 
292.1, 1001.1(f), or 1292.1) who is acting on behalf of an individual 
covered by this system of records in connection with any proceeding 
before U.S. Citizenship and Immigration Services (USCIS), ICE, or U.S. 
Customs and Border Protection (CBP) or the DOJ Executive Office for 
Immigration Review.
    W. To international, foreign, intergovernmental, and multinational 
government agencies, authorities, and organizations in accordance with 
law and formal or informal international arrangements.
    X. To a coroner for purposes of affirmatively identifying a 
deceased individual (whether or not such individual is deceased as a 
result of a crime), performance of an autopsy, or identifying cause of 
death.
    Y. Consistent with the requirements of the Immigration and 
Nationality Act, to HHS, the Centers for Disease Control and Prevention 
(CDC), or to any state or local health authorities, to ensure that all 
health issues potentially affecting public health and safety in the 
United States are being, or have been, adequately addressed.
    Z. To a former employee of DHS for purposes of responding to an 
official inquiry by federal, state, local, tribal, or territorial 
government agencies or professional licensing authorities; or 
facilitating communications with a former employee that may be relevant 
and necessary for personnel-related or other official purposes when DHS 
requires information or consultation assistance from the former 
employee regarding a matter within that person's former area of 
responsibility.
    AA. To the U.S. Department of State when it requires information to 
consider or provide an informed response to a request for information 
from a foreign, international, or intergovernmental agency, authority, 
or organization about an alien or an enforcement operation with 
transnational implications.
    BB. To federal, state, local, tribal, territorial, or foreign 
government agencies or entities or multinational government agencies 
when DHS desires to exchange relevant data for the purpose of 
developing, testing, or implementing new software or technology whose 
purpose is related to this system of records.
    CC. To federal, state, local, tribal, territorial, or foreign 
government agencies, medical personnel, or other individuals when DHS 
desires to use de-identified data for illustrative or informative 
purposes in training, in presentations, or for other similar purposes.
    DD. To medical and mental health professionals for the purpose of 
assessing an individual's mental competency before the DOJ Executive 
Office for Immigration Review.
    EE. To third parties for the purpose of processing payment when 
external healthcare providers render medical services to individuals in 
ICE custody on behalf of ICE.
    FF. To federal, state, local, tribal, territorial, international, 
or foreign government agencies or entities for the purpose of 
consulting with that agency or entity:
    1. To assist in making a determination regarding redress for an 
individual in connection with the operations of a DHS component or 
program;
    2. To verify the identity of an individual seeking redress in 
connection with the operations of a DHS component or program; or
    3. To verify the accuracy of information submitted by an individual 
who has requested such redress on behalf of another individual.
    GG. 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/ICE 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, digital media, and CD-ROM.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by name, Alien Registration Number (A-
Number), Subject ID, or USMS/Federal Bureau of Prisons Registration 
Number.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    NARA has approved ICE records schedules that outline the retention 
periods for detainee medical records. Consistent with the DAA-567-2015-
002 and N1-567-08-001 records schedules:
    (1) Medical records for an adult will be retained for ten (10) 
years after an individual has been released from ICE custody, and then 
shall be destroyed;
    (2) Medical records about a minor will be retained until the minor 
has reached the age of twenty-seven (27) years in order to comply with 
state laws regarding the retention of medical

[[Page 12020]]

records related to minors, and then shall be destroyed;
    (3) Annual data on detainees who have died in ICE custody that has 
been transferred to the Bureau of Justice Statistics (BJS) and annual 
reports regarding infectious diseases will be retained for ten (10) 
years, and then destroyed;
    (4) Various statistical reports will be retained permanently by 
NARA; and
    (5) Monthly and annual statistical reports, including those 
regarding workload operations, will be destroyed when no longer needed 
for business purposes.
    ICE is currently in the process of developing a records retention 
schedule with NARA for the various records covered by this SORN that 
consolidates DAA-567-2015-002 and N1-567-08-001.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    DHS/ICE safeguards records in this system according to applicable 
rules and policies, including all applicable DHS automated systems 
security and access policies. ICE 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 may submit a request in writing to 
the ICE FOIA Officer, whose contact information can be found at http://www.dhs.gov/foia under ``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 Freedom of Information Act Officer, 
Department of Homeland Security, Washington, DC 20528-0655. Even if 
neither the Privacy Act nor the Judicial Redress Act provides 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 with 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/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 seeks 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/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. Individuals who wish to contest the 
accuracy of records in this system of records should submit these 
requests to the ICE Office of Information Governance and Privacy--
Privacy Division. Requests must comply with verification of identity 
requirements set forth in Department of Homeland Security Privacy Act 
regulations at 6 CFR 5.21(d). Please specify the nature of the 
complaint and provide any supporting documentation. By mail (please 
note substantial delivery delays exist): ICE Office of Information 
Governance and Privacy--Privacy Division, 500 12th Street SW, Mail Stop 
5004, Washington, DC 20536. By email: [email protected]. Please 
contact the Privacy Division with any questions about submitting a 
request or complaint at 202-732-3300 or [email protected].

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

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    80 FR 239 (Jan. 5, 2015); 74 FR 57688 (Nov. 9, 2009).

Philip S. Kaplan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2018-05542 Filed 3-16-18; 8:45 am]
 BILLING CODE 9111-28-P