Notice2021-22849
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 20, 2021
Effective
November 19, 2021
Issuing agencies
Homeland Security Department
Abstract
In accordance with the Privacy Act of 1974, the U.S. Department of Homeland Security (DHS) proposes to modify and reissue a current DHS system of records titled, ``DHS/Science & Technology Directorate (S&T)-001 Research, Development, Test, and Evaluation System of Records.'' This system of records allows DHS/S&T to collect and maintain records in support of, or during the conduct of, S&T- funded research, development, test, and evaluation activities. Information is collected for the purpose of furthering S&T's mission to push innovation and development, and the use of high technology in support of homeland security. This modified system will be included in DHS's inventory of record systems.
Full Text
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<title>Federal Register, Volume 86 Issue 200 (Wednesday, October 20, 2021)</title>
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[Federal Register Volume 86, Number 200 (Wednesday, October 20, 2021)]
[Notices]
[Pages 58084-58088]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-22849]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2021-0038]
Privacy Act of 1974; System of Records
AGENCY: Science & Technology Directorate, U.S. Department of Homeland
Security.
ACTION: Notice of a modified 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 system of records titled, ``DHS/Science & Technology
Directorate (S&T)-001 Research, Development, Test, and Evaluation
System of Records.'' This system of records allows DHS/S&T to collect
and maintain records in support of, or during the conduct of, S&T-
funded research, development, test, and evaluation activities.
Information is collected for the purpose of furthering S&T's mission to
push innovation and development, and the use of high technology in
support of homeland security. This modified system will be included in
DHS's inventory of record systems.
DATES: Submit comments on or before November 19, 2021. This modified
system of records will be effective upon publication. New or modified
routine uses will be effective November 19, 2021.
ADDRESSES: You may submit comments, identified by docket number DHS-
2021-0038 by one of the following methods:
<bullet> Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
Follow the instructions for submitting comments.
<bullet> Fax: 202-343-4010.
<bullet> Mail: Lynn Parker Dupree, Chief Privacy Officer, Privacy
Office, U.S. Department of Homeland Security, Washington, DC 20528-
0655.
Instructions: All submissions received must include the agency name
and docket number DHS-2021-0038. All comments received will be posted
without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any personal
information provided.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Maria Petrakis, (202) 254-7748, ST<a href="/cdn-cgi/l/email-protection#a9f9dbc0dfc8cad0e9c1d887cdc1da87cec6df"><span class="__cf_email__" data-cfemail="a5f5d7ccd3c4c6dce5cdd48bc1cdd68bc2cad3">[email protected]</span></a>, S&T Privacy
Officer, Science & Technology Directorate, Mail Stop: 0205, U.S.
Department of Homeland Security, 245 Murray Lane SW, Washington, DC
20528. For privacy questions, please contact: Lynn Parker Dupree, (202)
343-1717, <a href="/cdn-cgi/l/email-protection#78280a110e191b01381009561c100b561f170e"><span class="__cf_email__" data-cfemail="feae8c97889f9d87be968fd09a968dd0999188">[email protected]</span></a>, Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528-0655.
SUPPLEMENTARY INFORMATION:
I. Background
In accordance with the Privacy Act of 1974, the U.S. Department of
Homeland Security (DHS) Science & Technology Directorate (S&T) proposes
to modify and reissue a current DHS system of records titled, ``DHS/
S&T-001 Research, Development, Test, and Evaluation System of
Records.'' S&T's mission is to conduct research, development, testing,
and evaluation (RDT&E or RDT&E activities) on topics and technologies
related to improving homeland security and combating terrorism. Some
RDT&E activities involve the collection of personally identifiable
information. This system of records covers records collected in support
of, or during the conduct of, DHS/S&T-funded RDT&E activities in
support of DHS Components and other partners in the Homeland Security
Enterprise. Records can be collected through RDT&E activities such as
testing and evaluating a screening technology, obtaining feedback on a
technology from volunteer participants, or evaluating analytic tools
using publicly available information.
Pursuant to its statutory mandate, S&T engages in both basic and
applied RDT&E. Basic research is that RDT&E which is normally conducted
without specific applications toward processes or products in mind. For
example, S&T researchers often engage in the development of knowledge
products (e.g., white papers, literature reviews, peer-reviewed
scholarly articles) for distribution to the Homeland Security
Enterprise at large. This type of RDT&E is not in response to an
external demand signal; rather, individual subject matter experts (SME)
use their expertise and experience to advance the science of their
respective fields. Because these
[[Page 58085]]
knowledge products are shared with external entities, S&T refers to
these external entities as S&T's ``customers.'' Applied research is
that RDT&E which is conducted to determine the means by which a
recognized and specific operational need may be met. For example, if
the Transportation Security Administration (TSA) identifies the need
for a novel methodology of screening carry-on luggage at airport
checkpoints, TSA would task S&T to develop this novel methodology
through RDT&E activity. In instances where the RDT&E demand signal
originates from outside of S&T, the originator is also referred to as
an S&T's ``customer.''
In situations where DHS/S&T-funded RDT&E activities directly
involve law enforcement, intelligence personnel, and/or other
operational entities, a source-system system of records notice (SORN)
is relied upon to cover any records collected that are to be used in
operations, to support operational decisions, or any purpose other than
RDT&E activities. However, there could be situations, for example,
during a human subject testing activity, whereby an individual provides
information that indicates a violation or potential violation of law,
which includes criminal, civil, or regulatory violations, for which
such records would be covered by this SORN, and subsequently may be
disclosed to external third parties that are charged with investigating
or prosecuting a violation or enforcing or implementing a law, rule,
regulation, or order, described in Routine Use G below.
DHS/S&T is updating this system of records notice for several
reasons, to include the maintenance of classified records, correct the
citation of the authority which outlines the responsibilities of the
Under Secretary for Science & Technology, add additional categories of
individuals and categories of records, and modify Routine Uses.
Individuals covered by this system of records now include individuals
whose names or other identifying information may appear on social media
platforms used or accessed by S&T for RDT&E purposes related to public
safety, terrorism (including terrorist and targeted violence events),
violent or criminal groups, or other topics related to preventing
terrorism; counterterrorism; chemical, biological, and related weapons
and materials; biomedical and life sciences research; or other homeland
security information of interest to DHS/S&T in the performance of RDT&E
activities. Additional records added to this system include Social
Security number (SSN); social media handle, online user name, or other
online identifier; research or other unique identifier; Uniform/
Universal Resource Locator (URL); Internet Protocol (IP) address; Media
Access Control Address (MAC); and Computer name to account for
information collected and maintained related to social media, other
publicly available information, and other RDT&E activities. S&T is also
updating this SORN to clarify the types of biometric samples and data
that may be collected.
DHS/S&T is also updating this SORN to include additional record
source categories to include information obtained from publicly
available sources, such as social media and the internet; other
governmental agencies and entities; critical infrastructure owners and
operators; other private sector entities and organizations; and free or
fee-based commercial data providers. This SORN also addresses new
policies and practices regarding storage, retrieval, retention, and
disposal of records.
Further, DHS/S&T is modifying Routine Use ``E'' and adding Routine
Use ``F'' to conform to the breach requirements in OMB Memorandum M-17-
12. The previous Routine Use ``F'' has been re-lettered as Routine Use
``H,'' the content of the previous Routine Use ``G'' has been modified
to conform with current DHS requirements, and Routine Use ``I'' has
been added to account for sharing to appropriate governmental agencies
or multilateral governmental organizations, with the approval of the
Chief Privacy Officer, when DHS is aware of a need to use relevant data
for purposes of testing new technology. Subsequent Routine Uses have
been renumbered to account for these changes.
Additionally, this notice includes non-substantive changes to
simplify the formatting and text of the previously published notice.
Consistent with DHS's information sharing mission, information
stored in DHS/S&T-001 Research, Development, Test, and Evaluation
System of Records 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/S&T 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 modified system will be included in DHS's inventory of record
systems.
II. Privacy Act
The fair information practice principles found in the Privacy Act
underpin the 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 as U.S.
citizens and lawful permanent residents. 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/S&T-001 Research, Development,
Test, and Evaluation 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:
U.S. Department of Homeland Security (DHS)/Science & Technology
Directorate (S&T)-001 Research, Development, Test, and Evaluation
(RDT&E) System of Records.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Records are maintained at the S&T Directorate Headquarters in
Washington, DC, and field offices, and at public or private
institutions conducting S&T-funded RDT&E activities.
SYSTEM MANAGER(S):
Under Secretary for Science and Technology, Mail Stop: 0205, U.S.
Department of Homeland Security, 245 Murray Lane SW, Washington, DC
20528; (202) 254-7748; ST<a href="/cdn-cgi/l/email-protection#84d4f6edf2e5e7fdc4ecf5aae0ecf7aae3ebf2"><span class="__cf_email__" data-cfemail="59092b302f383a20193128773d312a773e362f">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The Homeland Security Act of 2002, Public Law 107-296, Sec. 302
(codified at 6 U.S.C. 182) authorizes the S&T to conduct ``basic and
applied research, development, demonstration, testing, and evaluation
activities that are relevant to any or all elements of the
[[Page 58086]]
Department, through both intramural and extramural programs.'' In
exercising its responsibility under the Homeland Security Act, S&T is
authorized to collect information, as appropriate, to support research
and development related to improving the security of the homeland. To
the extent an activity meets the definition of research involving human
subjects, DHS complies with the regulations set forth in 6 CFR part 46.
PURPOSE(S) OF THE SYSTEM:
Records are collected for the purposes of furthering S&T's mission
to push innovation and development and use technology in support of
homeland security. The purposes of this system are to:
<bullet> Understand the motivations and behaviors of terrorists,
individuals that engage in violent or criminal activities, terrorist
groups, and groups that engage in violent or criminal activities;
<bullet> Understand terrorist incidents and the phenomenon of
terrorism and identify trends and patterns in terrorist activities;
<bullet> Collect and maintain searchable records of individuals
(such as subject matter experts on chemical weapons) and/or their
characteristics and professional accomplishments, organized according
to categories useful for the conduct of research, including research to
determine the efficacy and utility of new or enhanced technologies
intended for eventual transition to and use by S&T's customers or to
provide scientific and technical expertise in support of emergency
preparedness and response;
<bullet> Evaluate the performance and utility to the future
customer of an experimental homeland security technology or product in
a laboratory or ``real-world'' setting;
<bullet> Test the accuracy of a research hypothesis (for example,
S&T might hypothesize that an individual's behavior changes in a
detectable manner when he or she is being deceitful, and then design a
research experiment to test that hypothesis);
<bullet> Answer a research question (for example, ``Can an
experimental screening technology distinguish between threat objects
and non-threat objects?'');
<bullet> Conduct testing and evaluation of an experimental
technology at the request of or on behalf of a customer; and
<bullet> Conduct research and development to solve a technical
problem for a customer.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals include voluntary participants in S&T-funded RDT&E
activities such as field exercises or assessments, voluntary
participants in human subjects research (note: All S&T-funded human
subjects research is conducted in accordance with 45 CFR 46 and is
reviewed by a certified Institutional Review Board); individuals whose
names or other identifying information may appear in publicly available
documents (e.g., newspapers, academic articles, and websites) or on
social media platforms about public safety, terrorism (including
terrorist and targeted violence events), counterterrorism, violent or
criminal groups, or other topics related to chemical, biological, and
related weapons and materials, biomedical and life sciences research,
or other homeland security information of interest to DHS/S&T in the
performance of RDT&E activities. This system of records also covers
individuals whose images, biometrics, physiological features, or other
information may be intentionally (with notice to and consent by the
individual) or incidentally captured during testing of S&T
technologies; subject matter experts who publish articles related to
terrorism, counterterrorism, chemical, biological, biomedical and life
sciences research; and subject matter experts who voluntarily consent
to be included in a database of experts.
CATEGORIES OF RECORDS IN THE SYSTEM:
S&T's RDT&E activities will vary according to the specific project.
The information may include an individual's:
<bullet> Name;
<bullet> SSN;
<bullet> User name;
<bullet> Online identifier (e.g., social media handle);
<bullet> Research or other unique identifier;
<bullet> Uniform Resource Locator (URL);
<bullet> Internet Protocol (IP) address;
<bullet> Media Access Control (MAC) Address;
<bullet> Computer name;
<bullet> Age;
<bullet> Gender;
<bullet> Contact information;
<bullet> Birthplace;
<bullet> Ethnicity;
<bullet> Level of education;
<bullet> Occupation;
<bullet> Institutional or organizational affiliation;
<bullet> Publication record (e.g., article and publication titles,
dates and sources);
<bullet> Medical history and other health-related information;
<bullet> Lifestyle information (e.g., caffeine use, tobacco use);
<bullet> Publicly available reports of criminal history or
violence;
<bullet> Video or still images;
<bullet> Other images (e.g., infrared thermography, terahertz,
millimeter wave);
<bullet> Audio recordings;
<bullet> Biometric samples (e.g., facial images, speech/voice,
fingerprints, deoxyribonucleic acid (DNA), iris, human tissue, or other
biometric information);
<bullet> Biometric data (e.g., Fingerprint Identification Number,
voice and contactless fingerprints, biometric templates, typing
cadence, cardiac signature, vascular patterns); and
<bullet> Physiological measurements collected using sensors (e.g.,
heart rate, breathing pattern, electrodermal activity).
RECORD SOURCE CATEGORIES:
Records are obtained from (1) individuals directly; (2) publicly
available information (e.g., social media platforms, news media
outlets, internet search engines, academic and scientific
publications); (3) sensors (e.g., records collected from the individual
using sensors, such as a heart rate monitor) or technologies (e.g.,
cameras, audio recorders, infrared thermography or other images,
biometric devices); (4) federal, state, local, territorial, tribal
governments and agencies; (5) other domestic agencies; (6) foreign
governments and agencies; (7) multinational or nongovernmental
organizations; (8) critical infrastructure owners and operators; (9)
private sector entities and organizations; and (10) free or fee-based
commercial data providers.
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 agencies 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;
[[Page 58087]]
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
suspects or has confirmed that there has been a breach of the system of
records; (2) 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 (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
breach or to prevent, minimize, or remedy such harm.
F. To another federal agency or federal entity, when DHS determines
that information from this system of records is reasonably necessary to
assist the 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.
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 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.
I. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations, with
the approval of the Chief Privacy Officer, when DHS is aware of a need
to use relevant data for purposes of testing new technology.
J. 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/S&T stores records in this system electronically or on paper in
secure facilities, typically, 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:
S&T may retrieve records by any of the information listed in the
Categories of Records above.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
All records are maintained in accordance with the appropriate NARA-
approved retention schedules. Different NARA-approved records retention
schedules apply to specific RDT&E records, depending on the RDT&E
activity. For example, Technical Information Bulletins, Technical
Notes, Test and Evaluation Case Files, Test and Evaluation Files, Test
and Evaluation Product Packages, Test Procedures and Protocols, and
Test Team Assessment Letters fall under DHS Schedule 109-026-003,
Scientific and Technological Research and Innovation. DHS/S&T must
review Technical Information Bulletins and Technical Notes annually in
accordance with N1-563-08-30 and delete or destroy records that have
been inactive for five years. Test and Evaluation Case Files and
supporting documentation is scheduled to be destroyed at the end of the
calendar year five years after the completion of the test, exclusive of
Test and Evaluation Final Reports, which are scheduled to be destroyed
five years after the tested device, system, or equipment is removed
from operation in accordance with N1-563-08-13-7. Test and Evaluation
File records, excluding Final Reports, are scheduled to be destroyed at
the end of the calendar year five years after completion or
cancellation of a project or one year after the responsible office
determines the record is no longer needed for legal, audit,
administrative or business purposes. Final Reports must be reviewed
annually and destroyed or deleted after five years of inactivity, in
accordance with N1-563-09-4-4. DHS/S&T destroys Test and Evaluation
Product Packages 10 years after the testing and evaluation is completed
as required by N1-563-08-13-8.
DHS/S&T retains other RDT&E records on specific topics, issues, or
projects in accordance with DHS Schedule 401-000-001a, Subject Files.
The Subject Files are permanent and transferred to the National
Archives after 10 years, in accordance with N1-563-07-13-11. DHS/S&T
retains records involving inventions or patents according to DHS
Schedule 105-012-002, Intellectual Property Protection, and N1-563-07-
17-9. For trademarks, DHS/S&T destroys the records at the end of the
calendar year, 20 years after the date of issuance. For patents, DHS/
S&T destroys the records at the end of the calendar year, 40 years
after the date of issuance. For copyright, DHS/S&T destroys the records
at the end of the calendar year, 150 years after the date of issuance.
For trade secrets, DHS/S&T destroys the records at the end of the
calendar year, 20 years after the date when developed/discovered or
when the trade secret is no longer valuable, whichever is later.
Research and Development-related memoranda of understanding or
agreement fall within DHS Schedule 105-012-003, Intellectual Property
Protection, and are destroyed or deleted three years from when the
agreement is terminated under N1-563-09-11-1. Program Evaluation
records including Technical Assessments and Legal and Regulatory
Compliance Records fall within DHS Schedule 301-092-002, Program
[[Page 58088]]
Evaluation, and N1-563-08-30-5. DHS/S&T is required to destroy or
delete Technical Assessment project files, excluding Final Reports, at
end of the calendar year five years after completion or cancelation of
assessment or one year after the responsible office determines the
records are no longer needed for legal, audit, administrative, or
business purposes. DHS/S&T must destroy Program Evaluation legal and
regulatory compliance records when the records are five years old.
Given the scope of RDT&E activities, additional NARA-approved
schedules apply to S&T records. Some records are permanent records and
other records are temporary records. The records have different
disposition instructions based on the applicable records retention
schedule.
DHS/S&T also has RDT&E records schedule requests pending, for
example, for DHS/S&T National Laboratory research and development
files, not used in law enforcement cases, and records that document
compliance with standards-organization requirements to carry out test
and calibration. Records subject to pending records schedule requests
shall be retained until a records retention schedule has been approved
by NARA.
Researchers may retain aggregated research data indefinitely, as it
may help inform future RDT&E efforts.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
DHS/S&T safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. S&T 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 Component Privacy Officer or
Component Freedom of Information Act Officer, whose contact information
can be found at <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a> 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,
U.S. Department of Homeland Security, Washington, DC 20528-0655, or
electronically at <a href="https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form">https://www.dhs.gov/dhs-foia-privacy-act-request-submission-form</a>. Even if neither the Privacy Act nor the Judicial
Redress Act provide a right of access, certain records about him or her
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. An
individual may obtain more information about this process at <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a>. In addition, the individual should, whenever
possible:
<bullet> Describe the records sought, including any circumstances
or reasons why the Department would have information being requested;
<bullet> Identify which component(s) of the Department or
Department Headquarters Office he or she believes may have the
information;
<bullet> Specify the timeline when the individual believes the
records would have been created; and
<bullet> Provide any other information that will help the FOIA
staff determine which DHS Headquarters Office or component agency may
have responsive records;
If the request is seeking records pertaining to another living
individual, the request must include a statement from the living
individual verifying the identity of the individual, as described in
the verification steps above, and provide a statement from the living
individual certifying the individual's agreement that records
concerning the individual may be released to you.
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,
individuals may make a request for amendment or correction of a record
of the Department about the individual by writing directly to the
Department component that maintains the record, unless the record is
not subject to amendment or correction. The request should identify
each particular record in question, state the amendment or correction
desired, and state why the individual believes that the record is not
accurate, relevant, timely, or complete. The individual may submit any
documentation that would be helpful. If the individual believes that
the same record is in more than one system of records, the request
should state that and be addressed to each component that maintains a
system of records containing the record. Even if neither the Privacy
Act nor the Judicial Redress Act provide a right of access, individuals
may seek to amend records following the ``Record Access Procedures''
above. DHS/S&T, in its discretion, may choose to make the requested
amendment. However, neither this system of records notice, nor DHS/
S&T's making a requested amendment, confers to individuals any right to
access, contest, or amend records not covered by the Privacy Act or
Judicial Redress Act.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None. When this system receives a record from another system
exempted in that source system under 5 U.S.C. 552a, DHS will claim the
same exemptions for those records that are claimed for the original
primary systems of records from which they originated.
HISTORY:
78 FR 3019 (January 15, 2013).
Lynn Parker Dupree,
Chief Privacy Officer, U.S. Department of Homeland Security.
[FR Doc. 2021-22849 Filed 10-19-21; 8:45 am]
BILLING CODE 9110-9F-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.