Notice2025-13613
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
July 21, 2025
Effective
August 20, 2025
Issuing agencies
Homeland Security Department
Abstract
In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to modify and reissue a DHS system of records titled, "DHS/U.S. Immigration and Customs Enforcement (ICE)- 006 ICE Intelligence Records Systems (IIRS)." The IIRS system of records incorporates ICE systems that contain raw intelligence and intelligence products collected to support its law enforcement intelligence, counterterrorism, and homeland security mission. DHS/ICE is modifying this system of records notice (SORN) to: document the decommissioning of two technology systems and reflect the information collected and maintained by DHS/ICE program offices in accordance with their respective missions; update and clarify the categories of individuals; update the categories of records; and update routine uses. Additionally, this notice includes non-substantive changes to simplify the formatting and text of the previously published notice. This modified system will be included in DHS's inventory of record systems.
Full Text
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<title>Federal Register, Volume 90 Issue 137 (Monday, July 21, 2025)</title>
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[Federal Register Volume 90, Number 137 (Monday, July 21, 2025)]
[Notices]
[Pages 34282-34287]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13613]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. ICEB-2023-0014]
Privacy Act of 1974; System of Records
AGENCY: U.S. Immigration and Customs Enforcement, Department of
Homeland Security.
ACTION: Notice of a Modified System of Records.
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[[Page 34283]]
SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to modify and reissue a DHS system of
records titled, ``DHS/U.S. Immigration and Customs Enforcement (ICE)-
006 ICE Intelligence Records Systems (IIRS).'' The IIRS system of
records incorporates ICE systems that contain raw intelligence and
intelligence products collected to support its law enforcement
intelligence, counterterrorism, and homeland security mission. DHS/ICE
is modifying this system of records notice (SORN) to: document the
decommissioning of two technology systems and reflect the information
collected and maintained by DHS/ICE program offices in accordance with
their respective missions; update and clarify the categories of
individuals; update the categories of records; and update routine uses.
Additionally, this notice includes non-substantive changes to simplify
the formatting and text of the previously published notice. This
modified system will be included in DHS's inventory of record systems.
DATES: Submit comments on or before August 20, 2025. This modified
system will be effective upon publication. New or modified routine uses
will be effective August 20, 2025.
ADDRESSES: You may submit comments, identified by docket number ICEB-
2023-0014 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: Roman Jankowski, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528-0655.
Instructions: All submissions received must include the agency name
and docket number ICEB-2023-0014. 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:
<a href="/cdn-cgi/l/email-protection#4a03090f1a38233c2b29330a2e2239642d253c"><span class="__cf_email__" data-cfemail="de979d9b8eacb7a8bfbda79ebab6adf0b9b1a8">[email protected]</span></a>, U.S. Immigration and Customs Enforcement, 500 12th
Street SW, Washington, DC 20356. For privacy questions, please contact:
Roman Jankowski, <a href="/cdn-cgi/l/email-protection#a8f8dac1dec9cbd1e8c0d986ccc0db86cfc7de"><span class="__cf_email__" data-cfemail="71210318071012083119005f1519025f161e07">[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, 5 U.S.C. 552a, the
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement (ICE) proposes to modify and reissue a current DHS system
of records titled, ``DHS/ICE-006 ICE Intelligence Records Systems
(IIRS) System of Records.'' IIRS contains information collected to
support DHS/ICE's law enforcement intelligence, counterterrorism, and
homeland security mission. This information includes raw intelligence
collected by DHS/ICE's Homeland Security Investigations (HSI) Office of
Intelligence (INTEL), public source information, and information
initially collected by ICE pursuant to its immigration and enforcement
authorities, which is then analyzed and incorporated into law
enforcement intelligence products.
ICE systems whose records are covered by IIRS allow ICE to manage
intelligence requirements and leverage intelligence capabilities and to
conduct sophisticated and complex analysis of criminals and their
networks in support of HSI investigations and investigative priorities,
classified communications program, and emergency management and
continuity functions. Furthermore, the systems allow ICE to produce
timely, comprehensive, and accurate analysis that enables criminal
investigators to identify, prioritize, disrupt, and dismantle
transnational terrorist and criminal networks and identify any other
individual or organization that threatens national security or seeks to
exploit the customs and immigration laws of the United States.
As part of the intelligence process, ICE investigators and analysts
must review large amounts of data to identify and understand
relationships between individuals, entities, threats, and events to
generate law enforcement intelligence products that provide ICE
operational units with actionable information for law enforcement,
intelligence, and other homeland security purposes. To automate and
expedite this process, ICE uses several information technology systems,
tools, and applications to allow for the efficient research and
analysis of data from a variety of sources.
DHS/ICE is updating this system of records notice to document the
decommissioning of two ICE technology systems, (1) ICE Gangs and (2)
the Intelligence Fusion System (IFS). Both have been decommissioned in
an effort to consolidate the various analytical interface applications
within ICE. DHS/ICE is also updating the IIRS System of Records Notice
to clarify the categories of individuals covered under this system of
records to include informants associated with immigration
investigations, law enforcement investigations, and other activities
conducted by ICE and individuals who have made credible threats against
ICE personnel or facilities; and updating the categories of records
collected to include social media and location-related data.
Finally, ICE/DHS is updating, adding to, and consolidating the
following routine uses within the IIRS System of Records Notice:
<bullet> Routine Uses A through I are being updated to be
consistent with DHS standard routine uses and all other routine uses
have been re-lettered accordingly.
<bullet> Routine Use B has been moved to Routine Use J.
<bullet> Routine Use E has been modified and Routine Use F has been
added to conform to Office of Management and Budget (OMB) Memorandum M-
17-12 ``Preparing for and Responding to a Breach of Personally
Identifiable Information,'' (Jan. 3, 2017).
<bullet> Routine Use G is being added as a DHS standard routine use
that covers law enforcement referrals. This routine use requires that a
record, either on its face or in conjunction with other information,
indicates a violation or potential violation of the law.
<bullet> Routine Use M and N have been consolidated and re-lettered
to Routine Use P.
<bullet> Routine Use U is being updated to be consistent with the
DHS standard routine use for technology and is now Routine Use W. This
modification eliminates the need for one routine use previously
identified as Routine Use V. That routine use has been removed.
<bullet> Routine Use Y has been added to permit the sharing of
information related to actual or prospective claims filed against DHS.
Non-substantive language changes have been made to additional routine
uses to clarify disclosure policies that are standard across DHS and to
align with previously published DHS system of records notices.
Consistent with the DHS information sharing mission, information
maintained in the DHS/ICE-006 IIRS 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, ICE
may share information with appropriate federal, state, local,
[[Page 34284]]
tribal, territorial, foreign, or international government agencies
consistent with the routine uses set forth in this system of records
notice.
Additionally, DHS is issuing a Notice of Proposed Rulemaking to
exempt this system of records from certain provisions of the Privacy
Act elsewhere in the Federal Register. 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 personally
identifiable information. The Privacy Act applies to information that
is maintained in a ``system of records.'' A ``system of records'' is a
group of any records under the control of an agency from which
information is retrieved by the name of an individual or by some
identifying number, symbol, or other identifying particular assigned to
the individual. In the Privacy Act, an individual is defined to
encompass U.S. citizens and lawful permanent residents.
Additionally, 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 Judicial Redress Act,
along with judicial review for denials of such requests. In addition,
the Judicial Redress Act prohibits disclosures of covered records,
except as otherwise permitted by the Privacy Act. Under the Judicial
Redress Act, a ``covered person'' means a natural person (other than an
``individual'' as defined under the Privacy Act) who is a citizen of a
covered country.
Below is the description of the DHS/ICE-006 Intelligence Records
System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
SYSTEM NAME AND NUMBER:
Department of Homeland Security (DHS)/U.S. Immigration and Customs
Enforcement (ICE)-006 ICE Intelligence Records System (IIRS).
SECURITY CLASSIFICATION:
Sensitive But Unclassified, Classified.
SYSTEM LOCATION:
Records are maintained at ICE Headquarters in Washington, DC, ICE
fields offices, or designated cloud computing environments.
SYSTEM MANAGER(S):
Deputy Assistant Director, Homeland Security Investigations Cyber
and Operational Technology Division, 202-732-5200, 500 12th Street SW,
Washington, DC 20536.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
8 U.S.C. secs. 1103, 1105, 1225(d)(3), 1324(b)(3), 1357(a), and
1360(b); 19 U.S.C. secs. 1 and 1509.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system is:
(a) To support ICE's collection, analysis, reporting, and
distribution of criminal and civil law enforcement, immigration
administration, terrorism, intelligence, and homeland security
information in support of ICE's law enforcement and immigration
administration mission;
(b) To produce criminal and civil law enforcement analysis and
intelligence reporting that provides actionable information to ICE's
law enforcement and immigration administration personnel and to other
appropriate government agencies;
(c) To enhance the efficiency and effectiveness of the research and
analysis process for DHS law enforcement, immigration, and intelligence
personnel through information technology tools that provide for
advanced search and analysis of various datasets, including commercial
data and open sources;
(d) To facilitate multi-jurisdictional informational exchange
between ICE and other law enforcement agencies regarding known and
suspected members of transnational organized crime and associates; and
(e) To identify potential criminal activity, immigration
violations; threats to homeland security, ICE personnel, and ICE
facilities; to uphold and enforce the law; and to ensure public safety.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Categories of individuals covered by this system include the
following:
(1) Individuals (e.g., subjects, victims, witnesses, associates,
informants) associated with current or previous immigration and law
enforcement investigations and other activities conducted by ICE;
(2) Individuals associated with law enforcement investigations or
activities conducted by other federal, state, tribal, territorial,
local, or foreign agencies where there is a potential nexus to ICE's
law enforcement and immigration enforcement responsibilities or
homeland security in general;
(3) Individuals known or appropriately suspected to be or have been
engaged in conduct constituting, in preparation for, in aid of, or
related to terrorism;
(4) Individuals involved in, associated with, or who have reported
suspicious activities, threats, or other incidents reported by domestic
and foreign government agencies, multinational or non-governmental
organizations, critical infrastructure owners and operators, private
sector entities and organizations, and individuals;
(5) Individuals who are the subjects of, or otherwise identified
in, classified or unclassified intelligence reporting received or
reviewed by ICE;
(6) Individuals who are known or suspected gang members or
associates;
(7) Individuals not implicated in activities in violation of laws
enforced or administered by ICE, but with pertinent knowledge of some
circumstance of a case or record subject. Such records may contain any
information, including personal identification data, that may assist
ICE in discharging its responsibilities generally (e.g., information
which may assist in identifying and locating such individuals);
(8) Individuals identified in law enforcement, intelligence, crime,
and incident reports (including financial reports under the Bank
Secrecy Act and law enforcement bulletins) produced by DHS and other
government agencies;
(9) Individuals identified in U.S. visa, border, immigration, and
naturalization benefit data, including arrival and departure data;
(10) Individuals identified in DHS law enforcement and immigration
records;
(11) Individuals whose passports have been lost or stolen;
(12) Individuals identified in public news reports that may be
pertinent to the ICE mission; and
(13) Individuals who have made credible threats against ICE
personnel or facilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Categories of records in this system may include:
<bullet> Biographic information (e.g., name, date of birth, Social
Security number, A-Number, citizenship/immigration status, passport
information, addresses, phone numbers);
<bullet> Records of immigration enforcement activities or law
enforcement investigations and activities conducted by ICE;
<bullet> Information (including documents and electronic data)
collected by DHS from or about individuals during investigative
activities and border searches;
<bullet> Records of immigration enforcement activities and law
[[Page 34285]]
enforcement investigations/activities that have a possible nexus to
ICE's law enforcement and immigration enforcement responsibilities or
homeland security in general;
<bullet> Law enforcement, intelligence, crime, and incident reports
(including financial reports under the Bank Secrecy Act and law
enforcement bulletins) produced by DHS and other government agencies;
<bullet> U.S. visa, border, immigration, and naturalization benefit
data, including arrival and departure data;
<bullet> Terrorist watchlist information compiled by DHS and other
terrorism related information regarding threats, activities, and
incidents;
<bullet> Watchlist information compiled by DHS regarding
individuals associated with Transnational Organized Crime and other
related criminal threats, activities, and incidents.
<bullet> Lost and stolen passport data;
<bullet> Records pertaining to known or suspected terrorists,
terrorist incidents, activities, groups, and threats;
<bullet> ICE-generated intelligence requirements, analysis,
reporting, and briefings;
<bullet> Third party intelligence reporting, such as information
from investigative and intelligence reports prepared by law enforcement
agencies and agencies of the U.S. intelligence community;
<bullet> Articles, public-source data, and other published
information on individuals and events of interest to ICE, including
social media account information and social media posts, internet
protocol addresses, and usernames;
<bullet> Records and information from government data systems or
retrieved from commercial data providers in the course of intelligence
research, analysis, and reporting;
<bullet> Reports of suspicious activities, threats, or other
incidents generated by ICE and third parties;
<bullet> Additional information about known and suspected
transnational organized crime actors and associates such as, gang
affiliation, physical description, photos of the individual, field
interview notes, and criminal history information;
<bullet> Audio and video records retained in support of ICE's law
enforcement, national security, or other homeland security missions;
<bullet> Additional information about confidential sources or
informants;
<bullet> Metadata, which may include but is not limited to
transaction date, time, location, and frequency;
<bullet> Biometric information, including facial images, iris
images, and fingerprints; and
<bullet> Location-Related Records, including geotags from metadata
associated with other record categories collected; geolocation
information derived from authorized law enforcement activities, ICE-
owned devices, witness accounts, or commercially available data;
location tracking tools that maintain a list of tracking devices or
personal mobile devices by serial number/Mobile Directory Number (MDN)/
International Mobile Equipment Identity (IMEI)/Mobile Equipment ID
(MEID)/AD_ID number, and their current locations using Global
Positioning System (GPS) and/or assisted Cellular Tower coordinates.
These location tracking tools are not only deployed on targets of
investigations, vehicles of interest in investigations, contraband, but
also on the official vehicles owned by ICE and used by agents and
officers in the field, and geographic areas of interest related to
criminal and intelligence investigations and activities.
RECORD SOURCE CATEGORIES:
Records are obtained from federal, state, local, territorial,
tribal, or other domestic agencies, foreign agencies, multinational or
non-governmental organizations, critical infrastructure owners and
operators, private sector entities and organizations, individuals,
commercial data providers, and public sources such as news media
outlets and the internet.
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 and 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. secs. 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, territorial,
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
[[Page 34286]]
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 the Department of Justice (DOJ), Civil Rights Division, for
the purpose of responding to matters within the DOJ's jurisdiction to
include allegations of fraud and/or nationality discrimination.
J. To a federal, state, tribal, local, territorial, international,
or foreign government agency or entity 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.
K. To a former employee of DHS, in accordance with applicable
regulations, for purposes of responding to an official inquiry by a
federal, state, local, tribal, territorial, government entity, or
professional licensing authority; or facilitating communications with a
former employee that may be relevant and necessary for personnel-
related or other official purposes where the Department requires
information or consultation assistance from the former employee
regarding a matter within that person's former area of responsibility.
L. To an appropriate federal, state, local, tribal, territorial,
foreign, or international agency, if the information is relevant and
necessary to the agency's decision concerning the hiring or retention
of an individual or the issuance, grant, renewal, suspension or
revocation of a security clearance, license, contract, grant, or other
benefit; or if the information is relevant and necessary to a DHS
decision concerning the hiring or retention of an employee, the
issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant or other benefit and when disclosure is appropriate to the proper
performance of the official duties of the person receiving the
information.
M. To appropriate federal, state, local, tribal, territorial, or
foreign governmental agencies or multilateral governmental
organizations for the purpose of protecting the vital interests of a
data subject or other persons, including to assist such agencies or
organizations in preventing exposure to or transmission of a
communicable or quarantinable disease or to combat other significant
public health threats; appropriate notice will be provided of any
identified health risk.
N. 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 an individual who is licensed or who is seeking to
become licensed.
O. To appropriate federal, state, tribal, local, territorial, or
foreign government agencies or organizations, international
organizations, or multilateral governmental organizations lawfully
engaged in collecting law enforcement intelligence information, whether
civil or criminal, or charged with investigating, prosecuting,
enforcing or implementing civil or criminal laws, rules, regulations,
orders, license, or treaty where DHS determines that the information
will enable these entities to carry out their law enforcement
responsibilities.
P. To third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation, provided that disclosure is appropriate to the
proper performance of the official duties of the officer making the
disclosure.
Q. To federal, state, local, tribal, or territorial government
agencies, or other appropriate entities or individuals, or through
established liaison channels to selected foreign governments, in order
to provide national security, intelligence, counterintelligence, or
other information for the purposes of intelligence,
counterintelligence, or antiterrorism activities authorized by U.S.
law, Executive Order, or other applicable national security directive.
R. To federal and foreign government intelligence or
counterterrorism agencies where DHS becomes aware of an indication of a
threat or potential threat to national or international security for
which the information may be useful in countering the threat or
potential threat, or when such use is to assist in anti-terrorism
efforts, and disclosure is appropriate to the proper performance of the
official duties of the person making the disclosure.
S. To an organization or individual in either the public or private
sector, either foreign or domestic, where there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, to the extent that the information is
relevant to the protection of life or property and disclosure is
appropriate to the proper performance of the official duties of the
person making the disclosure.
T. To international, foreign, intergovernmental, and multinational
agencies, authorities, and organizations in accordance with law and
formal or informal international agreements or arrangements.
U. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws including treaties and
reciprocal agreements, or when the Department of State requires
information to consider and/or provide an informed response to a
request for information from a foreign, international, or
intergovernmental agency, authority, or organization about an
enforcement operation with transnational implications.
V. To appropriate federal, state, local, tribal, territorial, or
foreign governmental agencies or multilateral governmental
organizations, with the approval of the Chief Privacy Officer, when DHS
is aware of a need to utilize relevant data for purposes of developing,
implementing, and testing new software and technologies for the purpose
of data sharing to enhance and support homeland security, national
security, or law enforcement.
W. To federal, state, local, territorial, tribal, international, or
foreign criminal, civil, or regulatory law enforcement authority where
the information is necessary for collaboration, coordination and
deconfliction of law enforcement investigative matters and prosecutions
to avoid duplicative or disruptive efforts and for the safety of law
enforcement officers who may be working on related law enforcement
investigations and law enforcement intelligence matters.
X. 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.
Y. 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 that the Chief Privacy Officer determines that release of
the specific information in the
[[Page 34287]]
context of a particular case would constitute a clearly unwarranted
invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
DHS/ICE records in this system are stored electronically or on
paper in secure facilities in a locked drawer behind a locked door. The
records are stored on magnetic disc, tape, digital media, and CD-ROM.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
DHS/ICE may retrieve records by personal identifiers such as, but
not limited to, name, A-Number, phone number, address, Social Security
number, or passport number. Records may also be retrieved by non-
personal information such as transaction date, entity/institution name,
description of goods, value of transactions, and other information.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Intelligence information reports (IIR) will be retained for 22
years after cutoff in accordance with ICE records schedule DAA-0567-
2016-0003-0007. Other intelligence records will be retained in
accordance with their corresponding disposition within ICE record
schedule DAA-0567-2016-0003, to include finished intelligence products
(permanent records) and reports and analysis (destroyed 22 years at cut
off at end of fiscal year). Records associated with an investigative
case file will be retained for 20 years in accordance with legacy
customs schedule N1-36-86-1-161.3 (inv 7B), with the exception of N1-
36-86-1/162.38, Neutrality Investigative Files, which are permanent
records.
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. DHS/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:
The Secretary of Homeland Security has exempted this system from
the notification, access, and amendment procedures of the Privacy Act,
and the Judicial Redress Act if applicable, because it is a law
enforcement system. However, ICE will consider individual requests to
determine whether or not information may be released. Thus, individuals
seeking access to and notification of any record contained in this
system of records, or seeking to contest its content, may submit a
request in writing to the Chief Privacy Officer and ICE FOIA Officer,
whose contact information can be found at <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a>. If
an individual believes more than one component maintains Privacy Act
records concerning him or her, the individual may submit the request to
the Chief Privacy Officer and Chief Freedom of Information Act Officer,
Department of Homeland Security, Washington, DC 20528-0655. Even if
neither the Privacy Act nor the Judicial Redress Act provide a right of
access, certain records about you may be available under the Freedom of
Information Act.
When an individual is seeking records about himself or herself from
this system of records or any other Departmental system of records, the
individual's request must conform 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, <a href="http://www.dhs.gov/foia">http://www.dhs.gov/foia</a> or (866) 431-0486. In addition,
the individual should:
<bullet> Explain why he or she believes the Department would have
information being requested;
<bullet> Identify which component(s) of the Department he or she
believes may have the information;
<bullet> Specify 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 component agency may have responsive records;
If the request is seeking records pertaining to another living
individual, the request must include an authorization from the
individual whose record is being requested, authorizing the release to
the requester.
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 Judicial Redress
Act 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.
NOTIFICATION PROCEDURES:
See ``Record Access Procedures'' above.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552a(j)(2)
of the Privacy Act, has exempted this system from 5 U.S.C. 552a(c)(3)
and (4); (d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5), and
(e)(8); (f); and (g). Additionally, the Secretary of Homeland Security,
pursuant to 5 U.S.C. 552a (k)(1) and (k)(2), has exempted from this
system the following provisions of the Privacy Act, subject to the
limitations set forth in those subsections: 5 U.S.C. 552a(c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), and (f).
HISTORY:
75 FR 9233 (March 1, 2010); 73 FR 74735 (December 9, 2008).
* * * * *
Roman Jankowski,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2025-13613 Filed 7-18-25; 8:45 am]
BILLING CODE 9111-28-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.