Privacy Impact Assessmentfor

CBP Procedures for Processing Travel
Documents at the Border
July 2, 2008
Contact Point
Colleen Manaher
Western Hemisphere Travel Initiative Program Management Office
Office of Field Operations(202) 344-3003
Reviewing Official
Hugo Teufel III
Chief Privacy Officer
Department of Homeland Security(703) 235-0780

Privacy Impact Assessment
CBP, Travel Document Procedures
Page 2

Abstract
U.S. Customs and Border Protection (CBP), Department of Homeland Security (DHS), is
publishing this Privacy Impact Assessment to give notice of its procedures for recording certain
border crossing information and validating the travel documents provided by individuals at air,land, and sea ports of entry who are admitted or paroled into the United States. CBP maintains
information regarding persons who are admitted or paroled 1 into the United States, and whereapplicable exit the United States in accordance with the Privacy Act system of records notices(SORNs) for the Border Crossing Information (BCI) and for the Treasury Enforcement
Communications System (TECS), which is being revised and will be republished in the future as
TECS (no longer an acronym).
As part of processing travelers at the border, CBP accepts different types of documents for purposesof establishing the identity, citizenship, and admissibility of travelers seeking to enter the UnitedStates. CBP populates BCI with certain information provided by or on behalf of persons who areadmitted, paroled into, or depart the U.S. In addition the information maintained by BCI
regarding such persons may be derived from different DHS systems of records, Department ofState systems of records, and the systems of other governmental or tribal authorities (including
foreign governments). CBP uses this information to validate the travel documentation provided byor on behalf of the individual, make determinations regarding an individual’s admissibility, andensure compliance with all other U.S. laws enforced by CBP at the border.
This PIA explains the information technology and the information flow between BCI, TECS, andother Privacy Act system of records, including the Non-Federal Entity Data System (NEDS).

Introduction
The priority mission of U.S. Customs and Border Protection (CBP) is to prevent terrorists andterrorist weapons from entering the country while facilitating legitimate travel and trade. In
meeting this mission, CBP is responsible for collecting and reviewing border crossing information
regarding persons entering and, where applicable, exiting the United States.
CBP collects the data maintained in the BCI pursuant to the Enhanced Border Security and Visa
Reform Act of 2002, Aviation and Transportation Security Act of 2001, Intelligence Reform andTerrorism Prevention Act of 2004, Immigration and Nationality Act, as amended (8 U.S.C. 1185),
and Tariff Act of 1930, as amended (including, 19 U.S.C. 66, 1433, 1459, 1485, 1624 and2071). Most of this information is derived from the travel documents that all individuals present
to CBP when entering, and in some instances when departing, the United States. The otherinformation (such as point of entry and date and time of entry) in BCI is maintained by CBP tofacilitate and complete the record of that entry or exit.

1 The parole authority in section 212(d)(5) of the Immigration and Nationality Act allows for aliens who appear not

to be qualified for admission to be granted permission for a temporary stay in the United States “on a case-by-casebasis for urgent humanitarian reasons or significant public benefit.”Privacy Impact Assessment
CBP, Travel Document Procedures
Page 3

CBP will, in some instances collect this information through the physical inspection of the bordercrossing travel document, including the swiping the machine readable zone (MRZ) of the travel
document to retrieve biographical information. Alternatively, where available and appropriate,
CBP will use an identifier, such as a Radio Frequency Identification (RFID) number 2 , embedded in
the travel document to electronically retrieve the traveler’s biographic information and validate thetraveler’s identity, citizenship and admissibility. When necessary, CBP will manually type in the
biographic data from the travel document.
Several different SORNs may be applicable when an individual crosses a border, depending on thecontext of the border crossing. For example, an individual using a Trusted Traveler Program card
at the land border will have provided information to CBP as part of registration and acceptanceinto that program, and this information will be covered by the Global Enrollment System (GES)system of records notice. Another traveler may fly to the United States and the pre-submission ofcertain information will be covered by the Advance Passenger Information System (APIS) systemof records notice. Many of these systems of records were previously covered by the Treasury
Enforcement Communications Systems (TECS) SORN, last published in Federal Register on
October 18, 2001, 66 FR 53029. This SORN is being revised and will be reissued by DHS and thesystem will be known simply as TECS (not an acronym, as it was previously).
To provide expanded notice and transparency to the public, DHS and CBP are publishing newPrivacy Act System of Records Notices. As part of DHS’s ongoing effort to increase transparency
regarding the collection of information at the Department, as well as its efforts to specificallyreview the personally identifiable information (PII) maintained on the TECS information
technology platform, DHS and CBP have identified different data sets that call for individual noticeso as to provide appropriate routine uses, retention, and exemptions to the Privacy Act.
The following CBP SORNs maintain information regarding a person’s crossing at the border andalso contribute information that is maintained in the BCI system of records, which is being
published in the Federal Register concurrently with this PIA:
• Global Enroll System (GES): This system of records last published, April 21, 2006, 71 FR
20708, collects, maintains, and disseminates information regarding individuals
enrolled in one of DHS/CBP’s Trusted Traveler Programs. For trusted travelers, CBP
reads either the RFID number, from a chip embedded in the travel document, the MRZ
on the back of said document, to obtain information to reference the associatedbiographical data and photo being maintained in GES.
• Advanced Passenger Information System (APIS): This system of records last published August 23,
2007, 72 FR 48349, was previously part of TECS. It covers the required advanced
submission of passenger and crew information for certain air and sea carriers and anyother forms of passenger transportation, including rail, which is or may subsequently
be mandated or provided on a voluntary basis.
• Non-Federal Entity Data System (NEDS): This is a new system of records that is intended tosupport certain travel documents, such as Enhanced Driver’s Licenses, issued by othergovernment authorities, such as states, Canadian provinces or Canadian territories, that
2 See “Use of Radio Frequency Identification (RFID) Technology for Border Crossings” PIA published on January 22,2008 on the DHS Privacy Office’s web site, www.dhs.gov/privacy under “Privacy Impact Assessments.”

Privacy Impact Assessment
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Page 4•agree to provide CBP with a copy of the database storing biographical information anda photograph pertaining to each document holder in advance of the traveler crossing
the border. For such travel documents, CBP will use the identifier embedded in thetravel document, read the MRZ to retrieve the biographical information and photo
pertaining to the travel document from NEDS to assist CBP officers in making
admissibility determinations by electronically validating information on those travel
documents.
TECS: This system of records last published in Federal Register on October 18, 2001,
66 FR 53029. This SORN is being revised and will be reissued by DHS and the system
will be known simply as TECS (not an acronym, as it was previously). It is used forthe screening of travelers at primary inspection and maintains data on individuals whenan enforcement action has been taken, for example an individual is sent for additional
screening, instances involving wants, warrants, or lookouts concerning persons, or
instances where law enforcement or intelligence agencies have identified informationor contexts that relate to a person.

In addition to the above CBP systems of records, CBP maintains information from other DHS
components, such as U.S. Citizenship and Information Services (CIS), and other Federal Agencies,
specifically Department of State (DoS), in order to validate the travel documents provided by anindividual. So for example, CBP maintains a near real time copy of the Department of State’s visa
data and US Passport data on the TECS IT platform in order to verify the accuracy of visa andPassport data. The data sets, from this example, are identified such that they follow the
Department of State’s Privacy Act system of records privacy rules until the individual has crossed
the border, and DHS has recorded the information in BCI. Similarly, data obtained from other
DHS component or agency systems of records will be used according to a similar practice.
This information is collected in order to validate the documentation provided by the individual, tomake determinations regarding an individual’s admissibility, to identify security risks to the U.S.,
to expedite CBP processing of legitimate travelers upon arrival in and prior to departure from theUnited States, and to ensure compliance with all other U.S. laws enforced by CBP at the border.
Once the individual is legally admitted or paroled into the U.S. by CBP at the United States borderor its functional equivalent, a record will be created in BCI. Similarly, as a person complies withthe exit requirements for departure from the United States, a record will be created in BCI. For
persons denied admission into the U.S. a record of the encounter at the border will be maintainedin TECS. For individuals seeking admission to the U.S. by land or sea who present a travel
document that requires access to information that may be maintained in NEDS, USCIS system ofrecords, or a DoS system of records, the proper data set will be accessed and the performance oflaw enforcement queries will be conducted only when the traveler arrives at the border andpresents the respective travel document. Disclosure of information in NEDS may also be madeconsistent with the Privacy Act (5 U.S.C. 552a). Information obtained through APIS will bescreened in advance, in accordance with the processes described in that PIA.
At the land border, there are several different data sets that CBP may access to retrieve thebiographical data and photograph to validate the use of the individual’s travel documents andrecord that person’s lawful crossing of the border:

Privacy Impact Assessment
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Page 5•••••

From CBP’s GES for a Trusted Traveler Program card;
From the Department of State for Passport cards, Passports, Visas, or Border Crossing
Cards;
From U.S. Citizenship and Immigration Services’ (CIS) Central Index System for Permanent
Resident Card holders;
From the NEDS database, information that other government and tribal authorities, such as
states, Native American Tribes, Canadian provinces or Canadian territories, agree toprovide to CBP for CBP’s acceptance of a travel document issued by that entity, such as an
Enhanced Driver’s License, for purposes of obtaining admission or being paroled into theUnited States;
From another government authority that agrees to provide CBP with access to databases
maintained by it for purposes of verifying the identity, citizenship and admissibility of
individuals bearing travel documents issued by those entities, and ensuring compliancewith all other U.S. laws enforced by CBP at the border (e.g., Merchant Mariner Document,
U.S. Military Identification Card).

With regard to travel documents issued by entities outside the federal government and pursuant to
the Western Hemisphere Travel Initiative (WHTI) requirements, DHS identified two options withregard to electronic verification of the biographic data and photograph of individuals presenting
an enhanced identification card, enhanced tribal card, or enhanced driver’s license (together
referred to as an Enhanced Driver’s License (EDL) for the purposes of this document) uponentering the United States at a port of entry. One option requires that a copy of the entire databaseholding the biographic data and photo be shared by the issuing authority with CBP, so that CBP
may access individual records as a traveler chooses to present an EDL upon crossing the border.
The second option requires that CBP obtain individual biographic data and photograph from a
database maintained by the issuing authority on each occasion when a traveler presents an EDL
upon crossing the border. The first option requires CBP to maintain and update a database
containing each governmental or tribal entity’s entire border crossing travel document data set,
whether or not all persons in the database choose to cross the border at any given time. The
second option does not require CBP to maintain such a database. Both options only provide
information to BCI at the time a person chooses to cross the border using an appropriate bordercrossing travel document
In consideration of privacy, CBP has limited the sharing of NEDS data to the statutory disclosurespermitted under 5 U.S.C. 552a(b) of the Privacy Act, and has chosen not to publish any routine
uses pursuant to 5 U.S.C. 552a(b)(3). This provides an individual possessing an approved travel
document, such as EDL, whose data is shared with CBP prior to crossing the border with a similarlevel of privacy as the individual whose data is shared at the time of crossing with CBP. In bothcases, CBP will access the personally identifiable information associated with a travel document
and will create a record in BCI and/or TECS where this information is necessary to verify theidentity, citizenship and admissibility of an individual when he or she attempts to enter the UnitedStates and to ensure compliance with all other U.S. laws enforced by CBP at the border, or underthose circumstances where disclosures are generally permitted under 5 U.S.C. 552a(b) of thePrivacy Act.

Privacy Impact Assessment
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Page 6This PIA in large part discusses the BCI and NEDS system of records. Other systems of records are
discussed, including GES and TECS. GES has an already published PIA and SORN, and the PIA isbeing drafted as part of the update to the SORN for TECS.

Section 1.0
Information collected and maintained
1.1

What information is to be collected?

Border crossing information that will be collected from all persons crossing the borders of theUnited States at air and sea ports-of-entry, as well as land border crossings, may include data
located within each traveler’s individual passport or travel document, as well as related travel
itinerary information (e.g., arrival time, type of conveyance, foreign place of departure) listed onrequired documents; in the case of those arriving via commercial and certain private conveyances,
certain information will be supplied by the appropriate company/operator prior to arrival. The
following information will be maintained in BCI (upon legal admission or parole into the UnitedStates) and/or TECS, as appropriate, and may include, where applicable:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•

Travel Document Type (e.g. Passport, Passport Card, Visa, Form I-551 Permanent
Resident Card, Trusted Traveler Program Card, or at land/sea borders an acceptable
RFID enabled border crossing travel document, such as an Enhanced Drivers License)
Travel Document Number/Passport Number
Country or Entity issuing the Travel Document
Expiration Date of the Travel Document
Full Name (First, Middle, and Last)
Date of Birth
GenderCountry of Citizenship
RFID Tag Number(s) (if land/sea border crossing)
Date of Crossing
Arrival Time
Conveyance of Travel, e.g. on an aircraft, vessel, vehicle
Foreign Place of Departure
Location of Crossing
Lane for Clearance Processing
Secondary Examination Status
License Plate or VIN number of the conveyance used to enter the United States
Flight/Voyage number
Photograph of the Individual, where available

In those cases where a WHTI-compliant document, such as a Merchant Mariner Document or
military identification card, is presented as an alternative to the passport, similar information will
be collected in BCI from these documents

Privacy Impact Assessment
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Page 7For expedited processing of certain travel documents, DHS/CBP has set up NEDS which will
maintain information on individuals who have signed up for the EDL or other WHTI-compliant
document issued by a non-federal entity that agrees to provide CBP with a copy of the dataassociated with these travel documents. The information maintained in NEDS includes:• Travel Document Type (e.g. RFID enabled border crossing travel document)• Travel Document Number/Passport Number• RFID Tag Number(s)• Country or Entity issuing the Travel Document• Expiration Date of the Travel Document• Full Name (First, Middle, and Last)• Date of Birth• Gender• Country of Citizenship• Photograph of the Individual, where available

1.2

From whom is information collected?

To the extent available, this information is collected from all persons seeking admission to theUnited States.
In the case of NEDS, information is collected by CBP from an issuing authority, such as a state
Department of Motor Vehicle (DMV) after that information is voluntarily provided to the issuingauthority by individuals applying for certain travel documents, such as an EDL, which will
facilitate their entry into the United States. Information maintained in GES, APIS, or other Federal
databases is collected from the traveling public in accordance with the terms of the PIAs and
SORNs published for these systems. (see Appendix)
Information maintained in BCI is collected through NEDS, GES, APIS, or TECS (as a result of
manual entry of the data or an MRZ read) as part of a person’s presentation of their travel
document to seek admission to the United States. This information is then screened through TECS
prior to CBP’s determination of admissibility. At the time that CBP determines that a person isadmitted or may be paroled into the United States, the border crossing information pertaining tothat person is recorded and maintained in BCI.

1.3

How is the information collected?

With the exceptions of either the manual entry or an MRZ read of data from a travel document,
biographic data and, where available, a photo will be collected by either a copy transmission ofdata from a CBP controlled system or a copy transmission of data from a non-Federal authority
controlled system to validate, electronically, the information on the travel document presented foradmission. These two methods of transmitting a copy of data from the location, where it ismaintained, reflect different approaches to sharing data. One method requires that a copy of thePrivacy Impact Assessment
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Page 8relevant fields of a database holding the biographic data and photo be shared with and stored by
CBP, so that CBP may access the individual records, selectively, as a person chooses to cross theborder using the respective travel document. The other method requires that CBP have available
transmission lines to obtain, expeditiously, the individual records from the original databaseholding the biographic data and photo—in this method, only the data pertaining to the personchoosing to cross the border using the respective travel document is shared with CBP at the timethat admission to the United States is sought. The first method requires CBP to maintain a separate
database containing each governmental entity’s entire RFID enabled border crossing travel
document data set as a separate portion of the database, whether or not all persons in the databaseare choosing to cross the border at any given time. The latter method does not require CBP to
maintain such a database. Both methods only provide information to CBP for screening at thetime a person chooses to cross the border using an appropriate RFID/MRZ enabled bordercrossing travel document.
In the case of either a manual entry of data or an MRZ read data from a travel document, thebiographical data pertaining to the traveler is entered into TECS for screening. After CBP has
determined to admit or parole the traveler into the United States, the border crossing information,
including the traveler’s biographical data, is transmitted to BCI. The information may also berecorded in TECS to the extent that some enforcement action may have been taken with respect tothat traveler or admission into the U.S. has been denied.

1.4

Why is the information being collected?

Biographical information is collected from all travelers in order to satisfy an inspecting CBP officerof the traveler's identity and citizenship, and to establish whether the traveler is admissible into
the United States and to facilitate CBP’s enforcement of other U.S. laws at the border.
Border crossing information is also collected as part of the process for screening persons arrivingin the United States from, or departing the United States to, foreign travel points. The information
is used to discover travelers that are identified as, or suspected of being, terrorists or having
affiliations to terrorist organizations, have active warrants for criminal activity, are currently
inadmissible or have previously been deported from the United States or have been otherwise
identified as potential security risks or raise law enforcement concerns. Collection of thisinformation is intended to enhance security efforts at our Nation’s borders, and expedite themovement of legitimate travelers, by enabling CBP to maximize its resources through vetting
persons arriving in the United States prior to their physical arrival (or in the case of the landborder, immediately prior to inspection by a CBP Officer) in the United States.

1.5 What specific legal authorities/arrangements/agreements
define the collection of information?
The authorities for BCI include:Privacy Impact Assessment
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Page 9•••••The Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), Pub.L. 108-458,
118 Stat. 3638.
The Immigration and Nationality Act, 8 U.S.C. 1185, 1354.
The Aviation and Transportation Security Act of 2001 (ATSA)The Enhanced Border Security and Visa Reform Act of 2002, and
The Tariff Act of 1930 as amended, 19 U.S.C. 66, 1433, 1459, 1485, 1624, and 2071

CBP collects travel document data from most persons entering, and to some extent departing, theUnited States, pursuant to the noted authorities under the Immigration and Nationality Act and the
Tariff Act of 1930. Under past practice, United States citizens entering and departing the UnitedStates from within the Western Hemisphere were permitted to establish identity and citizenship byrelying on an oral declaration rather than providing a travel document. The Western HemisphereTravel Initiative, implementing the statutory mandate of the Intelligence Reform and Terrorism
Prevention Act of 2004, will require that all persons entering and departing the United States topresent passports or other designated documentation when they arrive in or depart from theUnited States. This requirement is the subject of a separate PIA regarding the WHTI Final Rule
published on March 24, 2008.
Pursuant to section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004
(IRTPA) Pub.L. 108-458, 118 Stat. 3638, Congress has mandated the Department of Homeland
Security, in consultation with Secretary of State, establish a program requiring passports or otherdesignated documents or combination of documents from United States citizens andnonimmigrant aliens for whom the passport requirement was formerly waived. Lastly, theAviation and Transportation Security Act of 2001 (ATSA) and the Enhanced Border Security andVisa Reform Act of 2002 require that the collection of the traveler’s passport data be mandatory
for law enforcement and national security purposes.

1.6 Privacy Impact Analysis: Given the amount and type ofdata being collected, discuss what privacy risks wereidentified and how they were mitigated.
With the creation of BCI, CBP is providing additional transparency to its processes for managing
information collected that pertains to persons crossing the border. CBP has determined that it
would be in the best interest of the public to establish separate systems of records to maintainrecords on travelers who were lawfully admitted or paroled into the United States and to support
the databases shared by other issuing authorities that provide biographical data used to create aborder crossing record. CBP is also providing greater access to the information collected from orabout the traveler by separating such border crossing information from that information containedin TECS, a system that contains records on individuals who are subject to some enforcement action(including referral to secondary inspection) or who are suspected of violating the law and is
exempt from certain provision of the Privacy Act, 5 U.S.C. 552a. CBP does not assert exemptions
with respect to individual requests for access to the biographical and biometric information
obtained from or about the traveler to the extent it is maintained in BCI.

Privacy Impact Assessment
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With the creation of NEDS, CBP will be maintaining additional data necessary for border crossing
purposes and only will access that information where this information is necessary to verify theidentity, citizenship and admissibility of an individual when he or she attempts to enter the UnitedStates and to ensure compliance with all other U.S. laws enforced by CBP at the border, or underthose circumstances where disclosures are generally permitted under 5 U.S.C. 552a(b) of thePrivacy Act. NEDS information will be provided to CBP by the various issuing authorities pursuant
to the terms of separately negotiated Memoranda of Understanding, and CBP’s use of this data will
be in accordance with the grant of access to the issuing authorities’ data and the terms of the NEDS
SORN.
Accordingly, inasmuch as CBP already collects the information maintained in BCI from various
travelers and those collections are discussed more fully in other Privacy Impact Assessments for theapplicable systems in which that data is initially maintained, the additional privacy risk that was
identified relates only to the larger population covered. However, CBP deploys extensive security
measures to protect the information from inappropriate use and/or disclosure through both access
controls and training of CBP employees and, therefore, the expansion of the population fromwhom data is derived should have no impact upon the level of privacy protections provided.
Given the additional information being provided to CBP by other government authorities andmaintained in NEDS, DHS has deployed appropriate security and access controls for such data to
mitigate the potential risks associated with its maintenance of this data.

Section 2.0
Uses of the system and the information
2.1

Describe all the uses of information.

CBP will use the information collected and maintained in NEDS to support certain travel
documents presented at the border denoting citizenship and identity for purposes of determining
admissibility into the United States and for purposes of enforcing the laws administered by CBP at
the border. This information from NEDS will, upon presentation of the appropriate travel
document, be displayed in TECS, for screening, and upon admission or parole into the UnitedStates of the person presenting the travel document, a copy of the information will be maintainedin BCI along with information pertaining to the time and location of the border crossing. CBP,
also, may use the information collected through BCI and TECS to carry out its law enforcement,
immigration and border control, and national security missions, as appropriate.
CBP uses these systems to facilitate the entry of legitimate travelers, identify, investigate,
apprehend and/or remove individuals unlawfully entering the United States, detect fraud or abuseof United States or other nation’s passports, and to otherwise enforce U.S. laws at the border.
The information, presented by a traveler for admission, will be cross-referenced with data
maintained in CBP’s other enforcement databases, notably the law enforcement data maintained in
TECS, and its screening and targeting systems, notably the Automated Targeting System (ATS)Privacy Impact Assessment
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Page 11

DHS/CBP-006, August 6, 2007, 72 FR 43650, to assist in determining the admissibility of, andsecurity and law enforcement risks posed by travelers. The data will be shared with enforcement
systems, as appropriate, when related to enforcement activities, including ongoing investigations
or operations. A real time image of TECS data will reside in the ATS as part of the screening
functions performed by that system to assist CBP in carrying out its law enforcement functions,
including detection of identity theft and fraud (e.g., multiple border transit locations occurring
simultaneously employing the same identity).
As part of CBP’s implementation of WHTI, CBP may acquire information from various state andCanadian databases, or from other entities such as tribal governments, that agree to provide CBPwith a copy of biographical information related to travel documents, such as Enhanced Driver's
Licenses, to be accepted by CBP for purposes of entering the United States. These travel
documents will utilize RFID technology to transmit an identifying number to CBP RFID readers
located at ports of entry, which will be used to query the appropriate EDL data in NEDS toassociate the biographical data and photo, obtained previously by the issuing authority from thetraveler, and push that data from NEDS to the CBP officer.
CBP, similarly, will use the RFID number collected from the Department of State (DoS) passport
card to query a copy of the DoS, federal dataset maintained in TECS. Likewise, CBP’s own Trusted
Traveler Program cards employ RFID chips to provide a number to the CBP RFID reader for
purposes of allowing the biographical and photo enrollment data to be associated with the RFID
number in GES and then pushed to the CBP officer’s primary screen during the border crossing
event.
The process employed to verify, electronically, the biographical data and photograph information
where an issuing authority chooses to maintain the data rather than provide a copy of this data to
CBP will differ from those cases where the issuing authority chooses to allow CBP to maintain acopy of the database. With these documents, such as the Washington State EDL, CBP will use RFID
readers to retrieve the identifier associated with each document when it is presented at the border.
CBP will then transmit this identifier through secure channels to the issuing authority’s database
where the identifier will be associated with the appropriate biographical data and photo. The
biographical data and photograph associated with that identifier will then be retrieved from theissuing authority’s database and provided to the CBP officer conducting the examination in orderto process the traveler during the border crossing event and, upon completion, recording of theinformation and incident of border crossing in BCI and/or TECS, as appropriate. To date, amajority of non-federal information providers have chosen to follow this model.
Lastly, it should be noted that all RFID enabled border crossing travel documents and the U.S.
Passport contain a Machine Readable Zone (MRZ) on the document which contains the
biographical information printed on the document. In the event that the CBP RFID readers are notfunctioning or are not available, CBP may use the MRZ on such documents to retrieve thebiographical information and compare it to the information appearing on the face of thePrivacy Impact Assessment
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Page 12

document, or as a final option, the data appearing on the face of the document may be manuallyentered by the CBP officer.

2.2

Does the system analyze data to assist users in identifying
previously unknown areas of note, concern, or pattern(Sometimes referred to as data mining)?

No. The information collected during border crossing operations is used to identify previously
submitted biographical and biometric (photograph) data for the purpose of verifying the travel
document used to denote identity and citizenship, and allow CBP to screen the traveler as part ofits border security and law enforcement responsibilities. NEDS, GES, and TECS are used toperform travel document verification as part of CBP’s traveler screening functionality. BCI is a
repository that will enable CBP officers to view a traveler’s biographic information, and if
applicable, previous travel history during the system’s retention period. The information recordedin BCI will be cross-referenced with data maintained in other appropriate law enforcement
databases, to ensure the admissibility of travelers and to screen all passengers arriving from foreign
travel points, to the United States, or departing the United States for foreign ports, to discovertravelers that are identified as or suspected of being a terrorist or having affiliations to terrorist
organizations, have active warrants for criminal activity, are currently inadmissible or have beenpreviously deported from the United States or are subject to other intelligence that may identify
them as security risk or raise a law enforcement concerns.

2.3

How will the information collected from individuals orderived from the system be checked for accuracy?

For border crossings the information recorded in BCI is reviewed for accuracy at the time of theborder crossing by the CBP Officer, prior to being recorded in BCI. The CBP Officer reviews thetravel document provided, the information retrieved from a back-end system, and the officer’s
own observations and information provided by the traveler. If any information appears to beinconsistent the traveler may be referred for additional processing to clarify or resolve theinconsistency.

2.4

Privacy Impact Analysis: Given the amount and type ofdata being collected, describe any types of controls that
may be in place to ensure that information is used inaccordance with the above described uses.

As with any collection of personally identifiable information, there is a risk of misuse of theinformation. To mitigate this risk, access to border crossing data will be controlled throughpasswords and restrictive rules. Users are limited to the roles that define authorized use of thesystem. Procedural and physical safeguards are utilized such as accountability and receipt records.

Privacy Impact Assessment
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Page 13Management oversight will be in place to ensure appropriate assignment of roles and access to
information.
In order to become an authorized user, an officer must have successfully completed privacy
training and hold a full field background investigation. Additionally, an officer must have a“need-to-know” for access to the information.
In the cases of shared databases, either from federal sources (i.e., DoS passport cards), foreignsources (i.e., Canadian provincial EDLs), or domestic non-federal entities (i.e., EDLs), those datasets
containing RFID enabled border crossing documents are maintained separately from thetransactional functionality of TECS that is used to process border crossings. In the case of EDLs
where the issuing authority chooses to provide CBP with a copy of the information, CBP will
maintain the referenced dataset in a separate system of records, NEDS, if the information isprovided in advance of an individual crossing the border. This information will be used toelectronically validate the biographic information and photograph associated with a travel
document for border crossing purposes when such a document is presented at a port of entry.
During the issuance of the travel document, an authority collects biographical and biometric
information directly from the traveler. This information will subsequently be used to validate a
travel document during the border crossing event by direct contact between CBP Officers and thetravelers at the ports of entry. The information will be collected by running the passport or travel
document through the machine readable zone (MRZ) or through the use of other technology suchas radio frequency identification in documents such as a passport card so as to expedite passenger
processing and ensure the accuracy of biographical information entered into CBP’s systems.
In consideration of privacy, CBP has limited the sharing of NEDS data to the statutory disclosurespermitted under 5 U.S.C. 552a(b) of the Privacy Act, and has not published any routine uses
under 5 U.S.C. 522a(b)(3). This provides an individual possessing an approved travel document,such as EDL, whose data is shared with CBP prior to crossing the border with a similar level ofprivacy protection as the individual whose data is shared at the time of crossing with CBP.
For land border crossings, the information recorded in BCI will be received from various otherdatasets as noted above, such as DoS passports or NEDS. Those datasets automatically populates
the information reviewed by a CBP officer during processing. The information will also beverified by CBP Officers checking the documents at time of arrival into the United States. Upon
admission/parole into the United States, the information will be recorded in BCI.
For air and sea border crossings the information will be collected from APIS or verified with theuse of e-Passport readers where deployed and applicable in addition to the information collectedduring in person inspection at air or sea ports of entry. The relevant information will be collectedfrom travelers by the respective carriers/operators and submitted to CBP in advance of thetraveler’s arrival at the border. The submitted APIS information will be verified by a CBP Officer
and recorded in the BCI following the determination to admit/parole.
In all situations, the information recorded in BCI may be cross-referenced against CBP’s
enforcement database systems. All relevant passport data may be verified against the Passport

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Records System at Department of State. Enhanced driver’s licenses may be verified against theissuing authority’s database, via either means noted above. This will help to ensure accuracy of theinformation used by CBP during the border crossing

Section 3.0
Retention
3.1

What is the retention period for the data in the system?

The information collected from travelers as recorded within the BCI dataset is subject to retention
requirements established by the National Archives and Records Administration (“NARA”) andpublished in the system of records notices for the databases in which the information is
maintained. The information as recorded in BCI is used for entry screening and other law
enforcement and counterterrorism purposes.
BCI data is subject to a retention requirement. The information as recorded in BCI is used for the
purposes described above. For U.S. Citizens (USC) and Lawful Permanent Residents (LPR) the
information is maintained for fifteen years from the date of the border crossing incident at whichtime it is erased from BCI. For non-immigrant aliens, the information will be maintained in BCI
for seventy five (75) years from the date of the border crossing incident in order to ensure that the
information related to border crossing is available for providing any applicable benefits related toimmigration and for other law enforcement and counterterrorism purposes. For non-immigrant
aliens who later become LPRs or United States citizens following a border crossing that leads to thecreation of a record in BCI, the information related to their border crossings prior to the change instatus will follow the 75 year retention period, but all border crossing information thereafter will
follow the 15 year retention period applicable to USCs and LPRs. However, for all travelers, BCI
records that are linked to active law enforcement lookout records, CBP matches to enforcement
activities, and/or investigations or cases will remain accessible for the life of the law enforcement
activities to which they may be or become related.
The information collected and maintained in NEDS is used for border crossing purposes and isretained in NEDS for the duration of the validity of the travel document, that is from the date ofissuance by the issuing authority until the date of expiration on the document, or, to the extent
more restrictive, in accordance with the terms of any memorandum of understanding/agreement
between CBP and the issuing authority. Information contained in NEDS will be retained andupdated as information is provided by the issuing authority, so as to ensure timeliness, relevancy,
accuracy, and completeness.
In the cases of NEDS and BCI, CBP is putting together retention schedules and will be working
with NARA for approval of these schedules. Information maintained in TECS, GES, and APIS are
pursuant to their published system of records notices.

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3.2

Has the retention schedule been approved by the National
Archives and Records Administration (NARA)?

A review of the record retention and disposition schedules for the NEDS, BCI, and TECS databases
is being planned with NARA as part of the current review and updating of the TECS system ofrecords notice and the Federal Register notice announcing the introduction of BCI and NEDS.

3.3 Privacy Impact Analysis: Given the purpose of retaining
the information, explain why the information is needed for theindicated period.
Information must be retained in BCI for a period of fifteen (15) years for USC and LPRs andseventy five (75) for non-immigrant travelers. These retention periods, generally, permit thecross-referencing and review by CBP analysts of historical data relating to individuals who crossthe border and allow other components of DHS and other relevant government authorities toreview and assess the appropriate issuance of immigration benefits when they may be sought andto perform a variety of enforcement functions. This retention is consistent both with CBP’s bordersearch authority and with the border security mission mandated for CBP by Congress.
Organizations, which pose a threat to border security or simply intend to smuggle, employ avariety of means to establish associations and contacts on both sides of the border for the purposeof facilitating the illegal movement of people, contraband, and merchandise across the border.
Often legitimate and illegitimate crossings may be paired as persons pursue their illicit activities.
Information maintained in NEDS is subject to the retention period of validity of the travel
document, to allow CBP to establish the identity, citizenship and admissibility of travelers entering
the United States and to enforce the laws administered by CBP at the border during the period oftime when a travel document may be presented.

Section 4.0
Internal sharing and disclosure
4.1

With which internal organizations is the information
shared?

The information maintained in BCI may be shared with all component agencies within the
Department of Homeland Security on a need to know basis consistent with the component’s
mission. Access to BCI and border crossing information within DHS is role based according to themission of the component and need to know. Similarly, access to TECS enforcement informationis role based according to the mission of the component and need to know. Among the DHS
components with regular access to border crossing information are: U.S. Immigration andCustoms Enforcement (ICE), U.S. Citizenship and Immigration Services (CIS), the Transportation

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Security Administration (TSA), the United States Coast Guard, and the DHS Information & Analysis
Directorate (I&A).
Sharing of information stored in the NEDS database will occur only where this information isnecessary to verify the identity, citizenship, and admissibility of an individual when he or she
attempts to enter the United States and to ensure compliance with all other U.S. laws enforced by
CBP at the border, or under those circumstances where disclosures are generally permitted under 5
U.S.C. 552a(b) of the Privacy Act. CBP has not published any routine uses of information stored
in the NEDS database under 5 U.S.C. 522a(b)(3). Use of the information in NEDS will also
conform with the terms of the relevant memoranda of agreement with the relevant government
agency governing the relevant providing for the storage by CBP of information related to travel
documents that will be accepted for border crossing purposes.
To the extent data derived from NEDS is subsequently transferred to other systems of record (e.g.,
upon presentment of a travel document in conjunction with a border crossing), that data may be
used in a manner consistent with the system of records notice published for the receiving systemof records.

4.2 For each organization, what information is shared and forwhat purpose?
Sharing information within DHS will be decided on a case by case basis, consistent with themission objectives of the components involved and any relevant circumstances. In a general sense,
this means that border crossing information that supports a DHS law enforcement or component
mission objective may always be shared with the responsible persons charged with performingthat duty. One of the objectives of sharing data within DHS is to provide the DHS law
enforcement community with information from or about suspected or known violators of the law
in a timely manner. This objective supports CBP’s and DHS’s law enforcement and counterterrorism missions. All component agencies of DHS that have a law enforcement need to know,
may have access to the relevant border crossing information, that includes data from passports,
EDLs, and Trusted Traveler Program cards collected and maintained in BCI as part of the bordercrossing event.

4.3

How is the information transmitted or disclosed?

The information may be transmitted either electronically or as printed materials to authorized
personnel. CBP’s internal data sharing of the border crossing data is required to comply withstatutory requirements for national security and law enforcement systems. All information is kept
secure, accurate and controlled.

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4.4 Privacy Impact Analysis: Given the internal sharing,
discuss what privacy risks were identified and how they were
mitigated.
To mitigate the privacy risks of personal information being misused or inappropriately used, theinformation, maintained in either BCI or NEDS, is shared only with DHS personnel who haveestablished a need to know the information as part of the performance of their official duties.
Internal DHS access to the BCI and NEDS data is controlled by CBP through the use of strict access
controls for the users, passwords, background checks for individuals accessing the data as well as
system audits that track and report on access to the data. Additionally, access to both BCI andNEDS will be limited to individuals who have successfully completed annual privacy and security
training. Audit logs of access to all personal information are in place and reviewed periodically by
Office of Internal Affairs.

Section 5.0
External sharing and disclosure
5.1 With which external organizations is the information
shared?
The information maintained in BCI may be shared on a “need to know” basis, as warranted by aparticular request or an identified MOU/A with respective Federal, state, local, tribal, foreign andintergovernmental law enforcement agencies in order to support ongoing law enforcement,
counterterrorism or compliance activities, with a defined scope and duration. Presently, thissharing may extend to every law enforcement or counterterrorism agency in the Federal
government as well as those Federal agencies mandated to ensure compliance with laws or
regulations pertaining to entry or importation into the U.S., each of the Fifty States, the District ofColumbia, U.S. insular possessions and territories, intergovernmental law enforcement agencies
and a majority of foreign nations with whom the U.S. maintains diplomatic relations.
External sharing of information stored in the NEDS database will occur only where thisinformation is necessary to verify the identity, citizenship, and admissibility of an individual when
he or she attempts to enter the United States and to ensure compliance with all other U.S. laws
enforced by CBP at the border, or under those circumstances where disclosures are generally
permitted under 5 U.S.C. 552a(b) of the Privacy Act, and has not published any routine uses
under 5 U.S.C. 522a(b)(3). Use of the information in NEDS will also conform with the terms ofmemoranda of agreement with the issuing government agency governing the provision andstorage by CBP of information related to travel documents that will be accepted for bordercrossing purposes.
To the extent data derived from NEDS is subsequently transferred to other systems of record (e.g.,
upon presentment of a travel document in conjunction with a border crossing), that data may be

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used in a manner consistent with the system of records notice published for the receiving systemof records.

5.2

What information is shared and for what purpose?

All information collected from the passport or travel document and relevant to the border crossing
at the time of entry into the United States is subject to being shared for reasons pertaining toborder security, admissibility, and general law enforcement.

5.3

How is the information transmitted or disclosed?

The information in BCI, subject to sharing, may be transmitted either electronically or as printed
materials to be shared with authorized personnel. CBP’s external data sharing of the bordercrossing data is required to comply with statutory requirements, including those pertaining tonational security and law enforcement.
Additionally, memoranda defining roles andresponsibilities, have been executed between CBP and each agency that regularly accesses TECS
and, if the need to know is sufficient, BCI. Lastly, information that is shared with other agencies,
Federal, state, local, tribal, or foreign governments outside of the context of any MOU requires awritten request by the entity requesting the information specifically identifying the type of
information sought and the purpose for which the information will be used. Authorization toshare information in this request scenario is subject to approval by the Chief, Privacy Act Policy
and Procedures Branch, Regulations & Rulings, Office of International Trade, CBP. Requests will
be evaluated for conformance with the Privacy Act, the published routine uses for TECS and BCI,
and the receiving agency agrees to be restricted from further unauthorized sharing of theinformation. Additionally, the agency receiving the information is informed in writing of theconstraints around the use and disclosure of the information at the time of the disclosure. Where
permitted, the sharing of NEDS data will be in accordance with the terms of the Privacy Act, thegrant of access to the issuing authorities’ data and the terms of the NEDS SORN.

5.4 Is a Memorandum of Understanding (MOU), contract, or
any agreement in place with any external organizations withwhom information is shared, and does the agreement reflect
the scope of the information currently shared?
CBP currently has Memoranda of Understanding with law enforcement agencies that have accessto TECS. These memoranda address the access and use of TECS data by those agencies. With
respect to BCI data, that was formerly maintained as a dataset within TECS, the access and use ofthis data will be subject to the same memoranda and rules for sharing.
CBP and the Canada Border Services Agency, individual states, and additional entities have or
intend to enter into memoranda for the exchange of information related to travel documents thatwill be issued by these entities and that will be accepted by CBP for border crossing purposes.

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5.5

How is the shared information secured by the recipient?

Recipients of TECS and BCI data are required by the terms of their sharing agreement (MOU/A) to
employ the same or similar precautions as CBP in the safeguarding of the TECS and BCI
information that is shared with them. Recipients of NEDS data will conform to the requirementsof the Privacy Act, any relevant MOU/A, and to the specific terms of the authorization permitting
the case by case sharing.

5.6

What type of training is required for users from agencies
outside DHS prior to receiving access to the information?

CBP requires all non-CBP users of TECS and those systems which reside upon the TECS IT
platform, to receive the same training as CBP users regarding the safeguarding, security, andprivacy concerns relating to information stored in the TECS and BCI database.

5.7

Privacy Impact Analysis: Given the external sharing, what
privacy risks were identified and describe how they were
mitigated.

When sharing information with third parties, the same specifications related to security andprivacy that are in place for CBP and DHS apply to the outside entity. Access to CBP data isgoverned by “need to know” criteria that demand that the receiving entity demonstrate the needfor the data before access or interface is granted. The reason for the interface request and theimplications on privacy related concerns are two factors that are included in the both the initialand ongoing authorization, the MOU and Interconnection Security Agreement (ISA) that is
negotiated between CBP and the external agency that seeks access to CBP data. The MOU specifies
the general terms and conditions that govern the use of the functionality or data, including
limitations on use. The ISA specifies the data elements, format and interface type to include theoperational considerations of the interface. MOU’s and ISA’s are periodically reviewed andoutside entity conformance to use, security and privacy considerations is verified before Certificate
of Authority to Operate are issued or renewed. External sharing of information maintained in
NEDS will not occur through system access, and will conform with the terms of the Privacy Act,the grant of access to the issuing authorities’ data and the terms of the NEDS SORN.

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Section 6.0
Notice
6.1 Was notice provided to the individual prior to collection of
information? If yes, please provide a copy of the notice as anappendix. A notice may include a posted privacy policy, a
Privacy Act notice on forms, or a system of records notice
published in the Federal Register Notice. If notice was notprovided, why not?
CBP will be issuing two new System of Records Notices in conjunction with this PIA, Border
Crossing Information (BCI) and the Non-Federal Entity Data System (NEDS). Notice is also
provided through the publication of this PIA on the internet. Additionally, CBP has set up a website [www.cbp.gov/xp/cgov/travel/vacation/kbyg/] to provide additional information to
travelers about what documentation is required when traveling outside the United States.

6.2 Do individuals have an opportunity and/or right to decline
to provide information?
No. Information must be provided pursuant to applicable statutes from all persons traveling to theUnited States. The only legitimate means of declining to provide the subject information is tochoose not to enter in to or depart from the United States. Individuals may choose the type oftravel document they wish to employ to cross the border, and they may choose the issuingauthority to whom they provide their biographical and biometric data. This means that anindividual may choose whether or not to use a travel document that will require his or her
information to be maintained in NEDS (e.g., an EDL issued by an authority that provides data to
CBP prior to an individual crossing the border). Once an individual chooses to cross the border,
she or he must present information sufficient to establish her or his identity and citizenship to thesatisfaction of a CBP Officer, as determined by DHS. Upon admission/parole into the UnitedStates, this information will be recorded and maintained in BCI. To the extent associated with any
enforcement action, that same information may be recorded in TECS.

6.3 Do individuals have the right to consent to particular usesof the information, and if so, how does the individual exercise
the right?
No, individuals do not have the right to consent to particular uses of the information collected in
NEDS, BCI, or TECS. With respect to the use of information submitted to non-DHS and non-CBP
issuing authorities, individuals should consult with those authorities regarding their right toconsent to particular uses. As for the use of the information, once it is presented to CBP in aborder crossing context, the individual no longer retains any rights respecting his or her consent
to the use of the information.

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6.4 Privacy Impact Analysis: Given the notice provided toindividuals above, describe what privacy risks were identified
and how you mitigated them.
There is a risk that individuals will not know that they are required to provide their passport
information or other WHTI compliant travel document and that the regulations have changed.
This lack of knowledge is identified as a privacy risk because of the mandatory requirements toprovide a validated travel document capable of denoting identity and citizenship. For thispurpose, CBP will be providing notice through publications on its website such as “Ready, Set…
Go”, “Know before You Go” [www.cbp.gov/xp/cgov/travel/vacation/kbyg/], this PIA, the
WHTI PIA, the RFID PIA and the several Federal Register publications relating to rule change
concerning this regulation and the Federal Register notices related to the two system of records.

Section 7.0
Individual Access, Redress and Correction
7.1 What are the procedures which allow individuals to gain
access to their own information?
For information maintained in BCI, no exemption shall be asserted with respect to information
maintained in the system at it relates to the border crossing encounter.
This system, however, may contain records or information pertaining to the accounting of
disclosures made from BCI to other law enforcement agencies (Federal, State, Local, Foreign,
International or Tribal) in accordance with the published routine uses. For the accounting of these
disclosures only, in accordance with 5 U.S.C. 552a (j)(2), and (k)(2), DHS will claim the original
exemptions for these records or information from subsection (c)(3), (e) (8), and (g) of thePrivacy Act of 1974, as amended, as necessary and appropriate to protect such information.
For information maintained in NEDS, no exemption shall be asserted with respect to information
maintained in the system at it relates to the requestor’s travel document.
Individuals may seek access to their information by writing or faxing an inquiry to Customer
Service Center, OPA - CSC - Rosslyn, U.S. Customs and Border Protection, 1300 Pennsylvania
Avenue, NW, Washington, DC 20229 (phone: 877-CBP-5511). Additionally, Individuals may
seek access to their specific information by filing a Privacy Act request with the same Customer
Service Center.
For information associated with a law enforcement activity or obtained and/or developed as aresult of a referral for secondary screening, that information will be maintained in TECS. The

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enforcement system TECS may not be accessed for purposes of determining if the system contains
a record pertaining to a particular individual. (See the following exemptions claimed in the
Privacy Act System of Records Notice for TECS, 5 U.S.C. 552a (c)(3), (c)(4), (d)(1), (d)(2),(d)(3), (d)(4), (e)(1), (e)(2), (e)(3), (e)(4)(G), (H) and (I), (5) and (8), (f) and (g) of thePrivacy Act pursuant to 5 U.S.C. 552a (j)(2) and (k)(2).)

7.2 What are the procedures for correcting erroneous
information?
CBP has an Executive Communications Branch in its Office of Field Operations to provide redress
with respect to incorrect or inaccurate information collected or maintained by BCI. If a traveler
believes that CBP actions are the result of incorrect or inaccurate information, then inquiries
should be directed to the Customer Service Center, OPA - CSC - Rosslyn, U.S. Customs and Border
Protection, 1300 Pennsylvania Avenue, NW, Washington, DC 20229 (phone: 877-CBP-5511).
Individuals making inquiries should provide as much identifying information as possible
regarding themselves, to identify the record(s) at issue. The Customer Satisfaction Unit will
respond in writing to each inquiry.
If individuals are uncertain what agency handles the information, they may seek redress throughthe DHS Traveler Redress Program (DHS TRIP) (See 72 Fed. Reg. 2294, dated January 18, 2007).
Individuals who believe they have been improperly denied entry, refused boarding fortransportation, or identified for additional screening by CBP may submit a redress request throughthe DHS TRIP. DHS TRIP is a single point of contact for individuals who have inquiries or seek
resolution regarding difficulties they experienced during their travel screening at transportation
hubs--like airports, seaports and train stations or at U.S. land borders. Through DHS TRIP, a
traveler can request correction of erroneous information stored in other DHS databases throughone application. Redress requests should be sent to: DHS Traveler Redress Inquiry Program (TRIP),
601 South 12th Street, TSA-901, Arlington, VA 22202- 4220 or online at
http://www.dhs.gov/trip.

7.3

How are individuals notified of the procedures forcorrecting their information?

If during an interaction with a CBP officer at the border an individual has a question, CBP had
developed an information sheet that provides information about how to contact CBP’s Customer
Service Center. Additionally, CBP posts information on its web site for individuals to find out how
to correct his/her information. If a traveler believes incorrect or inaccurate information exists
about them in BCI or NEDS, the traveler, or his authorized representative, may make inquires to
CBP’s Customer Service Center (see section 7.2 above) or via DHS TRIP.

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7.4

If no redress is provided, are alternatives are available?

Redress is provided either via DHS TRIP or by contacting CBP’s Customer Satisfaction Unit
directly.

7.5

Privacy Impact Analysis: Given the access and otherprocedural rights provided for in the Privacy Act of 1974,
explain the procedural rights that are provided and, if
access, correction and redress rights are not provided
please explain why not.

As part of DHS’s ongoing effort to increase transparency regarding the collection of information at
the Department, as well as its efforts to specifically review the personally identifiable information
maintained on the TECS information technology platform, DHS and CBP have identified different
data sets that call for individual notice so as to provide appropriate routine uses, retention, andexemptions to the Privacy Act. As such, DHS has chosen to minimize the number of exemptions
claimed for BCI and is providing more access with that SORN. With respect to NEDS, DHS has
also restricted the exemptions to those available under the Privacy Act and afford access to thesubmitted information. Additionally, DHS recently modified its redress and correction mechanism
for individuals that need to correct data collected by a component agency of DHS, e.g., CBP. DHS
TRIP is the result of the effort to develop a “one-stop” redress process for all travelers, irrespectiveof whether or not the traveler is subject to the procedural rights provided by the Privacy Act of1974. The DHS TRIP may be accessed via the internet at www.dhs.gov/trip.

Section 8.0
Technical Access and Security
8.1 Which user group(s) will have access to the system? (Forexample, program managers, IT specialists, and analysts will
have general access to the system and registered users fromthe public will have limited access.)
Access to each of the systems (TECS, BCI, and NEDS) is role based and is granted and limited byconsideration of a user’s need to know and mission responsibility. All parties with access to data
are required to have full background checks. The universe of persons with access includes, CBP
Officers, DHS employees, Federal law enforcement officers, IT specialists, program managers,
analysts, and supervisors of these persons. Additionally, the number and type of users with accessto NEDS has been further narrowed from the universe of users with access to TECS or BCI and islimited to CBP Officers at land and sea borders in performance of official duties, and IT specialists
directly assigned to support the NEDS infrastructure.

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8.2

Will contractors to DHS have access to the system?

Yes, subject to the same background, training, and confidentiality requirements as employees.

8.3

Does the system use “roles” to assign privileges to usersof the system?

Yes. The system, using the existing infrastructure for TECS, will assign roles based on theindividual’s need to know, official duties, agency of employment, and appropriate backgroundinvestigation and training. CBP personnel who have access to TECS will also have access to BCI.
Additionally information received from issuing authorities and maintained in NEDS will bemaintained separately so that information from one authority is not co-mingled with informationfrom another.

8.4 What procedures are in place to determine which users
may access the system and are they documented?
To gain access to the TECS, NEDS and/or BCI information, a user must not only have a need toknow, but must also have appropriate background check and completed annual privacy training.
A supervisor submits the request to the Office of Information Technology (OIT) at CBP indicating
the individual has a need to know for official purposes. OIT verifies that the necessary backgroundcheck and privacy training has been completed prior to issuing a new user account. User accounts
are reviewed periodically to ensure that these standards are maintained.

8.5

How are the actual assignments of roles and rules verified
according to established security and auditing
procedures?

Every six months a user must request and his or her immediate supervisor must reauthorize accessto TECS (and thus BCI and NEDS). Reauthorization is dependent upon a user continuing to be
assigned to a mission role requiring TECS (and BCI and NEDS) access and the absence of any
derogatory information relating to past access.

8.6 What auditing measures and technical safeguards are inplace to prevent misuse of data?
TECS, NEDS, and BCI maintain audit trails or logs for the purpose of reviewing user activity.
TECS, NEDS, and BCI actively prevent access to information for which a user lacks authorization, as
defined by the user’s role in the system, location of duty station, and/or job position. Multiple
attempts to access information without proper authorization will cause TECS, NEDS, and BCI tosuspend access, automatically. Misuse of TECS, NEDS, and BCI data can subject a user to disciplinein accordance with the CBP Code of Conduct, which can include being removed from an officer’s
position.

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8.7 Describe what privacy training is provided to users either
generally or specifically relevant to the functionality of the
program or system?
All users of the TECS IT infrastructure (including BCI and NEDS) are required to complete and passan annual TECS Privacy Act Awareness Course (TPAAC) to maintain their access to the TECS IT
infrastructure. The TPAAC presents Privacy Act responsibilities and agency policy with regard to
the security, sharing, and safeguarding of both official and personally identifiable information.
The course also provides a number of sharing and access scenarios to test the user’s understandingof appropriate controls put in place to protect privacy as they are presented. A user must pass thetest scenarios to retain access to the TECS IT infrastructure. This training is regularly updated.

8.8 Is the data secured in accordance with FISMA
requirements? If yes, when was Certification & Accreditation
last completed?
Yes, BCI and NEDS datasets, as components of TECS IT Platform, are approved through TECS IT
Platform Certification and Accreditation under the National Institute of Standards and Technology.
The last certification was in January 2006.

8.9 Privacy Impact Analysis: Given access and security
controls, what privacy risks were identified and descried how
they were mitigated.
Privacy risks identified with respect to access and security were in appropriate use and access of
the information. These risks are mitigated through training, background investigations, internal
system audit controls, CBP Code of Conduct and Disciplinary system, and the practice of leastprivileged access.

Section 9.0
Technology
9.1 Was the system built from the ground up or purchased andinstalled?
The data recorded in BCI is maintained using an existing data module that was formerly part of theTreasury Enforcement Communication System, an established law enforcement and bordersecurity database within CBP, now known simply as “TECS”. The data module is now being

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identified as Border Crossing Information (BCI) to provide more transparency into CBP’s
information collection and use processes. CBP previously collected border crossing and passport
information and stored it within the TECS system (which includes APIS, a component of TECS).
NEDS was designed to maintain information to support the use of alternative forms of travel
documents, authorized by the Secretary of DHS and issued by non-federal authorities. This
information is separated by each issuing authority so that information provided by one issuingauthority, such as a state department of motor vehicles, is not co-mingled with information
provided by another issuing authority, such as another state department of motor vehicles.

9.2

Describe how data integrity, privacy, and security wereanalyzed as part of the decisions made for your system.

The collection of border crossing information, as proposed in BCI, and the proposed storage ofthis information in TECS prompted the redesignation of that specific database as a separate Privacy
Act System of Records: Border Crossing Information (BCI). BCI permits greater visibility to thetraveling public regarding where CBP records the border crossing information of persons
admitted/paroled into the United States; such visibility was not previously available when thesubject information was exclusively maintained in TECS.
BCI permits CBP to maintain a historical record of border crossings. Inclusion in BCI does notindicate a law enforcement record.
In order to maintain control over the information received from non-federal issuing authorities,
the NEDS system was designed to have separate databases. Additionally, the uses of theinformation in the NEDS system were restricted to only those mandated to be available by thePrivacy Act.

9.3

What design choices were made to enhance privacy?

The principal design choice made to enhance privacy with respect to Border Crossing Information
was to create a separate and distinct System of Records under the Privacy Act to retain bordercrossing information for persons departing from (to the extent collected) and/or
admitted/paroled into the United States. The BCI system of records, while permitting the sharingof requested information with other systems for purposes of verifying the information that had
been collected from the traveler, precludes the automatic sharing of all collected information withlaw enforcement systems. This means that BCI will share information to confirm a match ofpassport or travel document data, as a means of verifying identity and confirming the instance ofthe border crossing, but it will not exchange information, in the form of a data dump, for the
purpose of it being retained, historically, in the verifying system. BCI is the separate and distinct
location for the retention of information collected upon a person’s admission/parole into or, incertain instances, departure from the United States.
In developing the EDL program, DHS identified two options with regards to electronic verificationof the biographic data and photograph of individuals presenting an EDL upon entering the UnitedStates at a port of entry. One option requires that a copy of the entire database holding thePrivacy Impact Assessment
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biographic data and photo be shared by the issuing authority with CBP, so that CBP may accessindividual records as a traveler chooses to present an EDL upon crossing the border. The second
option requires that CBP obtain individual biographic data and photograph from a databasemaintained by the issuing authority on each occasion when a traveler presents an EDL uponcrossing the border. The first option requires CBP to maintain and update a database containing
each governmental entity’s entire border crossing travel document data set, whether or not all
persons in the database are choosing to cross the border at any given time. The second option
does not require CBP to maintain such a database. Both options only provide information to BCI
at the time a person chooses to cross the border using an appropriate border crossing travel
document. In consideration of privacy concerns, CBP created the NEDS system to maintain anduse the data obtained through option one in a manner similar to its use of the information
obtained through option two.

Responsible Officials
Laurence Castelli, Chief, Privacy Act Policy and Procedures Branch, Office of Regulations andRulings, Customs and Border Protection, (202) 572-8790.
Colleen Manaher, Program Manager, Western Hemisphere Initiative Program Management Office,
Office of Field Operations, Customs and Border Protection, (202) 344-3003.
Reviewing Official:
Hugo Teufel III, Chief Privacy Officer, Department of Homeland Security, (703) 235-0780.

Approval Signature Page

Original signed and on file with the DHS Privacy Office
Hugo Teufel III
Chief Privacy Officer
Department of Homeland Security