Notice2024-14290
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
June 28, 2024
Issuing agencies
National Intelligence, Office of the National Director
Abstract
Pursuant to the Privacy Act of 1974 (hereafter Privacy Act) and Office of Management and Budget (OMB) Circular No. A-108, notice is hereby given that the Office of Civil Liberties, Privacy, and Transparency (CLPT), an office within the Office of the Director of National Intelligence (ODNI), is revising the system of records titled "Civil Liberties and Privacy Office Complaint Records (ODNI-14)." This revision accounts for requirements pursuant to Executive Order 14086, Enhancing Safeguards for United States Signals Intelligence Activities, to include updating text related to covered individuals, routine uses, authorities, and records sources. It further adds an update to the CLPT office name to reflect its transparency mission.
Full Text
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<title>Federal Register, Volume 89 Issue 125 (Friday, June 28, 2024)</title>
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[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Notices]
[Pages 54074-54077]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-14290]
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OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE
Privacy Act of 1974; System of Records
AGENCY: Office of the Director of National Intelligence (ODNI).
ACTION: Notice of a revised system of records.
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SUMMARY: Pursuant to the Privacy Act of 1974 (hereafter Privacy Act)
and Office of Management and Budget (OMB) Circular No. A-108, notice is
hereby given that the Office of Civil Liberties, Privacy, and
Transparency (CLPT), an office within the Office of the Director of
National Intelligence (ODNI), is revising the system of records titled
``Civil Liberties and Privacy Office Complaint Records (ODNI-14).''
This revision accounts for requirements pursuant to Executive Order
14086, Enhancing Safeguards for United States Signals Intelligence
Activities, to include updating text related to covered individuals,
routine uses, authorities, and records sources. It further adds an
update to the CLPT office name to reflect its transparency mission.
DATES: In accordance with 5 U.S.C. 552a(e)(4) and (11), this notice is
effective upon publication, subject to a 30-day period in which to
comment on the routine uses, described below. Please submit any
comments by July 29, 2024.
ADDRESSES: You may submit comments by any of the following methods:
<bullet> Federal Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#b2c6c0d3dcc1c2d3c0d7dcd1cbf2d6dcdb9cd5ddc4"><span class="__cf_email__" data-cfemail="8afef8ebe4f9faebf8efe4e9f3caeee4e3a4ede5fc">[email protected]</span></a>.
<bullet> Mail: Director, Information Management Office, Chief
Operating Officer, ODNI, Washington, DC 20511.
FOR FURTHER INFORMATION CONTACT: Director, Information Management
Office, Chief Operating Officer, Office of the Director of National
Intelligence, at the addresses provided above.
SUPPLEMENTARY INFORMATION: The ODNI Civil Liberties Protection Officer
(CLPO) leads CLPT, which is responsible for ODNI-14. ODNI-14 enables
authorized CLPT personnel to track, review, and, as appropriate,
investigate complaints of civil liberties or privacy violations in the
conduct of programs and activities by ODNI or Intelligence Community
(IC) elements. ODNI-14 provides notice on the maintenance of records
relevant to CLPT's duties under section 103D of the National Security
Act of 1947, as amended, 50 U.S.C. 103D, 401-442; Section 1062 of the
Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004;
Executive Order 12333, as amended (73 FR 45325); Executive Order 12958,
as amended (68 FR 15315); Executive Order 12968, as amended (73 FR
38103); and Executive Order 14086 (87 FR 62283).
With this notice, CLPT revises ODNI-14 to include CLPO obligations
under Executive Order 14086. Executive Order 14086, published on 7
October 2022, establishes a redress mechanism that authorizes the CLPO
to investigate, review, and, as necessary, order appropriate
remediation for qualifying complaints transmitted by an appropriate
public authority in a qualifying state concerning United States signals
intelligence activities for any covered violation of United States law.
Executive Order 14086 defines a ``qualifying complaint'' as a
complaint, submitted in writing, that alleges a covered violation has
occurred that pertains to personal information of or about the
complainant, a natural person, reasonably believed to have been
transferred to the United States from a qualifying state. Complaints
must be filed through the appropriate public authority in a
``qualifying state,'' which is a country or regional economic
integration organization designated as a qualifying state by the
Attorney General under section 3(f) of Executive Order 14086.
Executive Order 14086 requires that the CLPO review information
necessary to investigate a qualifying complaint. Intelligence Community
Directive (ICD) 126, Implementation Procedures for the Signals
Intelligence Redress Mechanism under Executive Order 14086, requires
the CLPO to conduct an initial review of the complaint to assess
whether the complaint meets the criteria to be a qualifying complaint,
including that the appropriate public authority in a qualifying state
verified the identity of the complainant. While the CLPO shall rely on
the appropriate public authority's verification, ICD 126 states that
the CLPO may request additional information from the appropriate public
authority. ICD 126 requires the CLPO to provide written notification to
the appropriate public authority as to the CLPO's determination whether
that the complaint was qualifying or not. ICD 126 requires the CLPO to
provide the Department of Commerce and the Data Protection Review Court
(DPRC), as established by the Attorney General, an unclassified record
regarding each qualifying complaint that provides only the identity of
the complainant, the appropriate public authority that transmitted the
qualifying complaint, and the date when the qualifying complaint was
transmitted to the CLPO.
To investigate and review a qualifying complaint, Executive Order
14086 requires elements of the IC to provide the CLPO with access to
information necessary to conduct the required review. IC elements'
privacy and civil liberties officials shall also support the CLPO as
the CLPO performs its reviews.
Executive Order 14086 further requires that the CLPO provide a
classified report on information
[[Page 54075]]
indicating a violation of any authority subject to the oversight of the
Foreign Intelligence Surveillance Court to the Assistant Attorney
General for National Security. Additionally, the CLPO shall maintain
appropriate documentation of its review of the qualifying complaint;
produce a classified determination explaining the basis for its factual
findings, whether a covered violation occurred, and the appropriate
remediation in the event of a violation, consistent with statutory and
delegated authority; and prepare a classified ex parte record of review
consisting of the appropriate documentation of its review and the
classified decision.
Executive Order 14086 requires that, after completing the review,
the CLPO inform the complainant, through the appropriate public
authority in a qualifying state and without confirming or denying that
the complainant was subject to United States signals intelligence
activities, that:
(1) the review either did not identify any covered violations or
the CLPO issued a determination requiring appropriate remediation;
(2) the complainant or an IC element may apply for review of the
CLPO's determinations by the DPRC; and
(3) if either the complainant or an IC element applies for review
by the DPRC, a special advocate will be selected by the DPRC to
advocate regarding the complainant's interest in the matter.
The CLPO is further required to provide any necessary support to
the DPRC. Executive Order 14086 also requires elements of the IC to
provide the CLPO with access to information necessary to respond to a
request from the DPRC for information to conduct its review of the
CLPO's determination.
Executive Order 14086 requires the Department of Commerce to
contact elements of the IC regarding whether information relating to
the CLPO's and the DPRC's reviews of qualifying complaints has been
declassified; the CLPO will engage with the Department of Commerce to
facilitate its declassification inquiry.
Executive Order 14086 encourages, consistent with applicable law,
the Privacy and Civil Liberties Oversight Board (PCLOB) to conduct an
annual review of the processing of qualifying complaints by the CLPO
and DPRC. The CLPO and elements of the IC are required to provide the
PCLOB with access to information necessary to conduct the PCLOB's
review.
SYSTEM NAME AND NUMBER:
Office of Civil Liberties, Privacy, and Transparency Complaint
Records (ODNI-14).
SECURITY CLASSIFICATION:
The classification of records in this system can range from
UNCLASSIFIED to TOP SECRET.
SYSTEM LOCATION:
Office of Civil Liberties, Privacy, and Transparency, Office of the
Director of National Intelligence, Washington, DC 20511.
SYSTEM MANAGER(S):
Civil Liberties Protection Officer c/o Director, Information
Management, Office of the Director of National Intelligence,
Washington, DC 20511.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The National Security Act of 1947, as amended, 50 U.S.C. 401-442;
the Intelligence Reform and Terrorism Prevention Act (IRTPA) of 2004,
42 U.S.C 2000ee-1; Executive Order 12333, as amended (73 FR 45325);
Executive Order 12958, as amended (68 FR 15315); Executive Order 12968,
as amended (73 FR 38103); and Executive Order 14086 (87 FR 62283).
PURPOSES OF THE SYSTEM:
Records in this system are used by authorized personnel of the
Office of Civil Liberties, Privacy, and Transparency (CLPT) within the
Office of the Director of National Intelligence (ODNI) to track,
review, and, as appropriate, investigate complaints of civil liberties
or privacy violations in the conduct of programs and activities by ODNI
or IC elements. This includes complaints submitted pursuant to the
Executive Order 14086 redress mechanism to the CLPO and to the Data
Protection Review Court for review. Records in this system are also
used, as appropriate, to:
(1) Manage general correspondence to and from CLPT, including
correspondence or reports expressing opinions or complaints, raising
questions or concerns, or providing other information;
(2) Track and report data, conduct research and statistical
analysis, and evaluate program effectiveness; and
(3) Maintain records for oversight and auditing purposes and to
ensure appropriate handling and management as required by law and
policy.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
<bullet> Current and former ODNI staff and staff of the IC
elements, including military and civilian personnel detailed to ODNI or
IC elements; contract employees, including personal services
independent contractors and industrial contractors; and members of the
public who allege violations of civil liberties or privacy arising from
the programs and activities of ODNI or IC elements, including under
Executive Order 14086.
<bullet> Individuals who may be relevant to or have information
relevant to the allegation of a violation of civil liberties or
privacy.
<bullet> Staff of the Department of Justice, including the Office
of Privacy and Civil Liberties and the National Security Division; the
DPRC; the Department of Commerce; the PCLOB; and the appropriate public
authorities in a qualifying state related to the redress process
pursuant to Executive Order 14086.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records alleging violations of civil liberties or privacy arising
from the programs and activities of ODNI or IC elements, and records of
review, investigation, acknowledgment or disposition of allegations
received. This also includes records to facilitate the Executive Order
14086 redress mechanism, such as: (i) personal information received
from individual complainants; (ii) a record of determination whether
the complaint is qualifying for investigation under Executive Order
14086 or other authority; (iii) information received from IC elements
relating to complaints; (iv) information regarding communications
between the CLPO, IC elements, and relevant personnel, to include those
of the Department of Justice, the DPRC, Department of Commerce, the
PCLOB, and the appropriate public authorities in a qualifying state.
RECORD SOURCE CATEGORIES:
Records will be obtained from individuals submitting complaints
either directly to CLPT or through an appropriate public authority;
relevant records from IC elements; records developed by CLPT during the
review and investigation process; and records developed by the DPRC,
the Department of Justice, and the Department of Commerce.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside ODNI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To an appropriate federal, state, territorial, tribal, or local
law enforcement authority, foreign
[[Page 54076]]
government or international law enforcement authority, or to an
appropriate regulatory body charged with investigating, enforcing, or
prosecuting such violations when a record on its face or in conjunction
with other information indicates or relates to a violation or potential
violation of law, whether civil, criminal, administrative or regulatory
in nature, and whether arising by general statute, particular program
statute, regulation, rule or order issued pursuant thereto.
B. To an administrative law judge, or to the presiding official of
an administrative board, panel or other administrative body when a
record is required to be presented in the course of proceedings or as
evidence and with appropriate protections for further disclosure in
place.
C. To any component of the Department of Justice or any other
entity responsible for representing the interests of ODNI in connection
with potential or actual civil, criminal, administrative, judicial or
legislative proceedings or hearings, for the purpose of representing or
providing advice to: ODNI; any staff of ODNI in their official
capacity; any staff of ODNI in their individual capacity where the
staff has submitted a request for representation by the United States
or for reimbursement of expenses associated with retaining counsel; or
the United States or another federal agency, when the United States or
the agency is a party to such proceeding and the record is relevant and
necessary to such proceeding.
D. In a proceeding before a court, magistrate, special master, or
adjudicative body when any of the following is a party to litigation or
has an interest in such litigation, and the ODNI, Office of General
Counsel, determines that use of such records is relevant and necessary
to the litigation: ODNI; any staff of ODNI in their official capacity;
any staff of ODNI in their individual capacity where the Department of
Justice has agreed to represent the staff or has agreed to provide
counsel at government expense; or the United States or another federal
agency, where the ODNI, Office of General Counsel, determines that
litigation is likely to affect ODNI.
E. To Department of Justice and other U.S. Government entities, to
the extent necessary to obtain advice on any matter within the official
responsibilities of such representatives and the responsibilities of
ODNI and determined by ODNI to be relevant and necessary to the request
for advice.
F. To a Member of Congress or congressional staffer in response to
an inquiry from that Member of Congress or congressional staffer made
at the written request of the individual who is the subject of the
record.
G. To any agency, organization, or individual for authorized audit
operations, and for meeting related reporting requirements, including
disclosure to the National Archives and Records Administration for
records management inspections and such other purposes conducted under
the authority of 44 U.S.C. 2904 and 2906, or successor provisions.
H. To the President's Intelligence Advisory Board, the President's
Intelligence Oversight Board, to any successor organizations, and to
any intelligence oversight entity established by the President, and to
the PCLOB when the Office of the General Counsel or the Office of the
Inspector General determines that disclosure is necessary for such
entities to perform their oversight functions and that such disclosure
is otherwise lawful.
I. To contractors, grantees, experts, consultants, students, or
others performing or working on a contract, service, grant, cooperative
agreement, or other assignment for ODNI when access to the record is
necessary to perform the function or service for which they have been
engaged by ODNI.
J. To former staff of ODNI for the purposes of responding to an
official inquiry by a federal, state, or local government entity or
professional licensing authority or facilitating communications with a
former staff of ODNI that may be necessary for personnel-related or
other official purposes when ODNI requires information or consultation
assistance, or both, from the former staff regarding a matter within
that person's former area of responsibility.
K. To foreign, international or multinational security,
investigatory, law enforcement, or administrative authorities in order
to comply with requirements imposed by, or to claim rights conferred
in, formal agreements and arrangements.
L. To a federal, state, local, tribal, territorial, foreign, or
multinational government agency or entity, or to other authorized
entities or individuals, but only if such disclosure is undertaken in
furtherance of responsibilities conferred by, and in a manner
consistent with, the National Security Act of 1947, as amended; the
Counterintelligence Enhancement Act of 2002, as amended; Executive
Order 12333 or any successor order together with its implementing
procedures approved by the Attorney General; and other provisions of
law, Executive Order, or directive relating to national intelligence or
otherwise applicable to ODNI. This routine use is not intended to
supplant the other routine uses published by ODNI.
M. To IC elements when a record is related to the redress function
under Executive Order 14086, but only if such disclosure is undertaken
in furtherance of responsibilities conferred by, and in a manner
consistent with, that redress function.
N. To the Department of Justice, the Data Protection Review Court,
and the Department of Commerce when a record is related to the redress
function under Executive Order 14086 and the ODNI CLPO has determined
the record is necessary and relevant in furtherance of responsibilities
conferred by, and in a manner consistent with, that redress function.
O. To the PCLOB when a record is related to the redress function
under Executive Order 14086 and the ODNI CLPO has determined the record
is necessary and relevant in furtherance of responsibilities conferred
by, and in a manner consistent with, that redress function.
P. To the appropriate public authorities in a qualifying state when
a record is related to the redress function under Executive Order 14086
and the ODNI CLPO has determined the record is necessary and relevant
in furtherance of responsibilities conferred by, and in a manner
consistent with, that redress function.
Q. A record from this system of records may be disclosed as a
routine use to appropriate agencies, entities, and persons when: (1)
ODNI suspects or has confirmed that there has been a breach of the
system of records; (2) ODNI has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
ODNI (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 the Department's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
R. A record from this system of records may be disclosed as a
routine use to another Federal agency or Federal entity, when ODNI
determines that information from this system ofrecords 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 ofharm to individuals, the recipient agency or
entity (including its information
[[Page 54077]]
systems, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and other hard-copy records are stored in secured areas
within CLPT offices. Electronic records are stored in secure file-
servers on secure private cloud-based systems that are connected only
to a government network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved by name or case number. Information may be
retrieved from this system of records by automated or hand search based
on existing indices and automated capabilities utilized in the normal
course of business. All searches of this system of records will be
performed in accordance with Executive Order 14086.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Pursuant to 44 U.S.C. 3303a(d) and 36 CFR chapter 12, subchapter B,
part 1226--Implementing Disposition, records will be disposed of
according to the National Archives and Records Administration's General
Records Schedule item 4.2 065, Privacy Complaint Records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Information in this system is safeguarded in accordance with
prescribed administrative, physical, and technical safeguards. Records
are maintained in a secure government facility with access to the
facility limited to authorized personnel and authorized, escorted
visitors. Physical security protections include guards who review
individual's badges prior to their entry being permitted into the
facility and locked individual offices requiring badges for entry and
the use of access codes to open and close the offices daily. Records
are accessed only by authorized government personnel using passwords
that must meet strict security protocols and who hold appropriate
security clearances, whose official duties require access to the
records, and who have had ODNI's required annual training to obtain
access to the computer systems, including privacy training and computer
security training. Communications are encrypted where required and
other safeguards are in place to monitor and audit access and to detect
intrusions. System backup is maintained separately.
RECORD ACCESS PROCEDURES:
Particular records in this system have been exempted from certain
notification, access, and amendment procedures. A request for access to
non-exempt records shall be made in writing with the envelope and
letter clearly marked ``Privacy Act Request.'' Each request must
provide the requester's full name and complete address. The requester
must sign the request and have it verified by a notary public.
Alternately, the request may be submitted under 28 U.S.C. 1746,
certifying the requester's identity and acknowledging that obtaining
records under false pretenses constitutes a criminal offense. Requests
for access to information must be addressed to the Director,
Information Management, Office of the Director of National
Intelligence, Washington, DC 20511. Regulations governing access to
one's records or for appealing an initial determination concerning
access to records are contained in the ODNI regulation implementing the
Privacy Act.
More information regarding ODNI's procedures for accessing records
in accordance with the Privacy Act can be found at 28 CFR part 16
Subpart D, ``Access to and Amendment of Individual Records Pursuant to
the Privacy Act of 1974, and Other Privacy Protections.''
CONTESTING RECORD PROCEDURES:
Certain records in this system are exempt from certain
notification, access, and amendment procedures. Individuals seeking to
correct or amend non-exempt records should address their requests to
ODNI at the address and according to the requirements set forth above
under the heading ``Record Access Procedures.'' Regulations governing
access to and amendment of one's records or for appealing an initial
determination concerning access or amendment of records are contained
in the ODNI regulation implementing the Privacy Act, 32 CFR part 1701
(73 FR 16531).
NOTIFICATION PROCEDURES:
Certain records in this system are exempt from certain
notification, access, and amendment procedures. Individuals seeking to
learn whether this system contains non-exempt information about them
should address their inquiries to ODNI at the address and according to
the requirements set forth above under the heading ``Record Access
Procedures.''
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Records alleging violations of civil liberties or privacy arising
from the programs and activities of ODNI or IC elements, including
those records generated pursuant to the processes of Executive Order
14086's redress mechanism, retain their existing exemption from the
requirements of subsections (c)(3);(d)(1), (2), (3), (4); (e)(1) and
(e)(4)(G), (H), (I); and (f) of the Privacy Act pursuant to 5 U.S.C.
552a(k)(1), (k)(2), and (k)(5). Records may be exempted from these
subsections or additionally from the requirements of subsections
(c)(4); (e)(2), (3), (5), (8), (12); and (g) of the Privacy Act
consistent with any exemptions claimed under 5 U.S.C. 552a(j) or (k) by
the originator of the record, provided the reason for the exemption
remains valid and necessary.
HISTORY:
This is a revision to the existing ODNI/Civil Liberties and Privacy
Office Complaint Records (ODNI-14), 75 FR 16866 (April 2, 2010).
In accordance with 5 U.S.C. 552a(r), ODNI has provided a report of
this revised system of records to the Office of Management and Budget
and to Congress.
Rebecca J. Richards,
Civil Liberties Protection Officer, Chief, Civil Liberties, Privacy,
and Transparency Office, Office of the Director of National
Intelligence.
[FR Doc. 2024-14290 Filed 6-27-24; 8:45 am]
BILLING CODE 9500-01-P
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</html>Indexed from Federal Register on June 28, 2024.
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