[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49882-49885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23513]


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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2009-0038]


Privacy Act of 1974; Department of Homeland Security/ALL-004 
General Information Technology Access Account Records System of Records

AGENCY: Privacy Office; DHS.

ACTION: Notice of Privacy Act system of records update.

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SUMMARY: In accordance with the Privacy Act of 1974 the Department of 
Homeland Security proposes to update and reissue a Department of 
Homeland Security system of records notice titled, Department of 
Homeland Security/ALL-004 General Information Technology Access Account 
Records System of Records. As a result of the biennial review of this 
system, the Department proposes to include the addition of social 
security numbers in the categories of records covered by the system for 
the purpose of identifying an individual for system access. 
Additionally, a new routine use has been added for the purpose of 
sharing with the media where appropriate. This updated system will be 
included in the Department of Homeland Security's inventory of record 
systems.

DATES: Written comments must be submitted on or before October 29, 
2009.

ADDRESSES: You may submit comments, identified by Docket Number DHS-
2009-0038 by one of the following methods:
    <bullet> Federal e-Rulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Fax: 703-483-2999.
    <bullet> Mail: Mary Ellen Callahan, Chief Privacy Officer, Privacy 
Office, Department of Homeland Security, Washington, DC 20528.
    <bullet> Instructions: All submissions received must include the 
agency name and docket number for this rulemaking. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal information provided.
    <bullet> Docket: For access to the docket to read background 
documents or comments received go to http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions and for privacy 
issues please contact: Mary Ellen Callahan (703-235-0780), Chief 
Privacy Officer, Privacy Office, U.S. Department of Homeland Security, 
Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    As part of its efforts to maintain its Privacy Act record systems, 
the Department of Homeland Security (DHS) is updating and reissuing a 
Department-wide system of records under the Privacy Act (5 U.S.C. 552a) 
for DHS/ALL-004 General Information Technology Access Account Records 
System of Records (73 FR 28139, May 15, 2008). This will ensure that 
all components of DHS follow the same privacy rules for collecting and 
handling information technology access account records. The collection 
and maintenance of this information will assist DHS in managing the 
Department's information technology access account records.
    This system of records is part of DHS' ongoing record integration 
and management efforts. This system consists of information collected 
in order to provide authorized individuals with access to DHS 
information technology resources. This information includes user name, 
business affiliation, account information and passwords.
    In accordance with the Privacy Act of 1974, DHS is giving notice 
that it proposes to update and reissue a DHS system of records notice 
titled, DHS/ALL-004 General Information Technology Access Account 
Records System of Records. As a result of the biennial review of this 
system, the

[[Page 49883]]

Department proposes to include the addition of social security numbers 
in the categories of records covered by the system for the purpose of 
identifying an individual for system access. Additionally, a new 
routine use has been added for the purpose of sharing with the media 
where appropriate. This updated system will be included in DHS's 
inventory of record systems.

II. Privacy Act

    The Privacy Act embodies fair information principles in a statutory 
framework governing the means by which the United States Government 
collects, maintains, uses, and disseminates individuals' records. The 
Privacy Act applies to information that is maintained in a ``system of 
records.'' A ``system of records'' is a group of any records under the 
control of an agency for 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 United States citizens and lawful 
permanent residents. As a matter of policy, DHS extends administrative 
Privacy Act protections to all individuals where systems of records 
maintain information on U.S. citizens, lawful permanent residents, and 
visitors. Individuals may request access to their own records that are 
maintained in a system of records in the possession or under the 
control of DHS by complying with DHS Privacy Act regulations, 6 CFR 
Part 5.
    The Privacy Act requires each agency to publish in the Federal 
Register a description denoting the type and character of each system 
of records that the agency maintains, and the routine uses that are 
contained in each system in order to make agency record keeping 
practices transparent, to notify individuals regarding the uses to 
which their records are put, and to assist individuals to more easily 
find such files within the agency. Below is the description of DHS/ALL-
004 General Information Technology Access Account 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 OF RECORDS:
    DHS/ALL-004.

SYSTEM NAME:
    Department of Homeland Security General Information Technology 
Access Account Records System of Records.

SECURITY CLASSIFICATION:
    Sensitive but unclassified.

SYSTEM LOCATION:
    Records are maintained at several Headquarters locations and in 
component offices of the Department of Homeland Security, in both 
Washington, DC and field locations.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include:
    All persons who are authorized to access DHS information technology 
resources, including employees, contractors, grantees, private 
enterprises and any lawfully designated representative of the above and 
including representatives of Federal, State, territorial, tribal, 
local, international, or foreign government agencies or entities, in 
furtherance of the DHS mission. Also covered by this system are 
individuals who serve on DHS boards and committees; individuals who 
have business with DHS and who have provided personal information in 
order to facilitate access to DHS information technology resources; and 
individuals who are points of contact provided for government business, 
operations, or programs, and the individual(s) they list as emergency 
contacts.

CATEGORIES OF RECORDS IN THE SYSTEM:
    <bullet> Name;
    <bullet> Social Security Number;
    <bullet> Business and affiliations;
    <bullet> Facility positions held;
    <bullet> Business telephone numbers;
    <bullet> Cellular phone numbers;
    <bullet> Pager numbers;
    <bullet> Numbers where individuals can be reached while on travel 
or otherwise away from the office;
    <bullet> Citizenship;
    <bullet> Level of access;
    <bullet> Home addresses;
    <bullet> Electronic mail addresses of senders and recipients;
    <bullet> Records on access to DHS computers and networks including 
user ID and passwords;
    <bullet> Date and time of access;
    <bullet> IP address of access;
    <bullet> Logs of internet activity and records on the 
authentication of the access request;
    <bullet> Records on the names and phone numbers of other contacts; 
and
    <bullet> Positions or titles of contacts, their business/
organizational affiliations and other contact information provided to 
the Department that is derived from other sources to facilitate 
authorized access to DHS Information Technology resources.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 44 U.S.C. 3101; and EO 9397 (SSN).

PURPOSE(S):
    This system will collect a discreet set of personally identifiable 
information in order to provide authorized individuals access to or 
interact with DHS information technology resources. The information 
collected by the system will include full name, user name, account 
information, citizenship, business/organizational affiliation, contact 
information, and passwords. Directly resulting from the use of DHS 
information technology resources is the collection, review, and 
maintenance of any logs, audits, or other such security data regarding 
the use of such information technology resources.
    The system enables DHS to maintain: Account information required 
for approved access to information technology; lists of individuals who 
are appropriate organizational points of contact; and lists of 
individuals who are emergency points of contact. The system will also 
enable DHS to provide individuals access to certain programs and 
meeting attendance and where appropriate allow for sharing of 
information between individuals in the same operational program to 
facilitate collaboration.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed outside DHS as a 
routine use pursuant to 5 U.S.C. 552a(b)(3), limited by privacy impact 
assessments, data sharing, or other agreements, as follows:
    A. To the Department of Justice (including United States Attorney 
Offices) or other Federal agency conducting litigation or in 
proceedings before any court, adjudicative or administrative body, when 
it is 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 of DHS in his/her official capacity;
    3. Any employee of DHS in his/her individual capacity where DOJ or 
DHS has agreed to represent the employee; or
    4. The United States or any agency thereof, is a party to the 
litigation or has an interest in such litigation, and DHS determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is

[[Page 49884]]

compatible with the purpose for which DHS collected the records.
    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 or other 
Federal government agencies pursuant to records management inspections 
being conducted under the authority of 44 U.S.C. 2904 and Sec.  2906.
    D. To an agency, organization, or individual 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 the security or 
confidentiality of information in the system of records has been 
compromised;
    2. The Department has determined that as a result of the suspected 
or confirmed compromise there is a risk of harm to economic or property 
interests, identity theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by DHS or another agency or entity) or harm to the 
individual that rely upon the compromised information; 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 compromise and prevent, minimize, 
or remedy such harm.
    F. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for DHS, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to DHS officers and employees.
    G. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where 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 sponsors, employers, contractors, facility operators, 
grantees, experts, and consultants in connection with establishing an 
access account for an individual or maintaining appropriate points of 
contact and when necessary to accomplish a DHS mission function or 
objective related to this system of records.
    I. To other individuals in the same operational program supported 
by an information technology system, where appropriate notice to the 
individual has been made that his or her contact information will be 
shared with other members of the same operational program in order to 
facilitate collaboration.
    J. To Federal agencies such as Office of Personnel Management, the 
Merit Systems Protection Board, the Office of Management and Budget, 
Federal Labor Relations Authority, Government Accountability Office, 
and the Equal Employment Opportunity Commission in the fulfillment of 
these agencies' official duties.
    K. To international, Federal, State and local, tribal, private and/
or corporate entities for the purpose of the regular exchange of 
business contact information in order to facilitate collaboration for 
official business.
    L. To appropriate agencies, entities, and persons when: It is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; DHS has 
determined that, as a result of the suspected or confirmed compromise, 
there is a risk of harm to economic or property interests, identity 
theft or fraud, or harm to the security or integrity of this system or 
other systems or programs (whether maintained by DHS or another agency 
or entity) that rely upon the compromised information; and the 
disclosure is made to such agencies, entities, and persons who are 
reasonably necessary to assist in DHS's efforts to respond to the 
suspected or confirmed compromise and prevent, minimize, or remedy such 
harm.
    M. 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 or when 
disclosure is necessary to preserve confidence in the integrity of DHS 
or is necessary to demonstrate the accountability of DHS's officers, 
employees, or individuals covered by the system, except to the extent 
it is determined that release of the specific information in the 
context of a particular case would constitute an unwarranted invasion 
of personal privacy.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are on paper and/or in digital or other 
electronic form. Digital and other electronic images are stored on a 
storage area network in a secured environment. Records, whether paper 
or electronic, may be stored at the DHS Headquarters or at the 
component level.

RETRIEVABILITY:
    Information may be retrieved, sorted, and/or searched by an 
identification number assigned by computer, social security number, by 
facility, by business affiliation, e-mail address, or by the name of 
the individual, or other employee data fields previously identified in 
this SORN.

SAFEGUARDS:
    Information in this system is safeguarded in accordance with 
applicable laws, rules and policies, including the DHS Information 
Technology Security Program Handbook and DHS Information Security 
Program Policy and Handbook. Further, Department of Homeland Security/
ALL-004 General Information Technology Access Account Records system of 
records security protocols will meet multiple National Institute of 
Standards and Technology (NIST) Security Standards from Authentication 
to Certification and Accreditation. Records in the Department of 
Homeland Security/ALL-004 General Information Technology Access Account 
Records system of records will be maintained in a secure, password 
protected electronic system that will utilize security hardware and 
software to include: multiple firewalls, active intruder detection, and 
role-based access controls. Additional safeguards will vary by 
component and program. All records are protected from unauthorized 
access through appropriate administrative, physical, and technical 
safeguards. These safeguards include: restricting access to authorized 
personnel who have a ``need to know;'' using locks; and password 
protection identification features. Classified information is 
appropriately stored in accordance with applicable requirements. DHS 
file areas are locked

[[Page 49885]]

after normal duty hours and the facilities are protected from the 
outside by security personnel.

RETENTION AND DISPOSAL:
    Records are securely retained and disposed of in accordance with 
the National Archives and Records Administration's General Records 
Schedule 24, section 6, ``User Identification, Profiles, 
Authorizations, and Password Files.'' Inactive records will be 
destroyed or deleted 6 years after the user account is terminated or 
password is altered, or when no longer needed for investigative or 
security purposes, whichever is later.

SYSTEM MANAGER AND ADDRESS:
    For Headquarters and components of DHS, the System Manager is the 
Chief Privacy Officer and Chief Freedom of Information Act Officer, 
Privacy Office, Department of Homeland Security, Washington, DC 20528. 
For components of DHS, the System Manager can be found at http://www.dhs.gov/foia under ``contacts.''

NOTIFICATION PROCEDURE:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Headquarters' or component's 
FOIA Officer, whose contact information can be found at http://www.dhs.gov/foia under ``contacts.'' 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, Privacy Office, Department of 
Homeland Security, 245 Murray Drive, SW., Building 410, STOP-0655, 
Washington, DC 20528.
    When seeking records about yourself from this system of records or 
any other Departmental system of records, your request must conform 
with the Privacy Act regulations set forth in 6 CFR Part 5. You must 
first verify your identity, meaning that you must provide your full 
name, current address and date and place of birth. You must sign your 
request, and your 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, you may obtain forms for this purpose from the Chief Privacy 
Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition you should provide the 
following:
    <bullet> An explanation of why you believe the Department would 
have information on you;
    <bullet> Identify which component(s) of the Department you believe 
may have the information about you;
    <bullet> Specify when you believe the records would have been 
created;
    <bullet> Provide any other information that will help the FOIA 
staff determine which DHS component agency may have responsive records; 
and
    <bullet> If your request is seeking records pertaining to another 
living individual, you must include a statement from that individual 
certifying his/her agreement for you to access his/her records.
    Without this bulleted information the component(s) may not be able 
to conduct an effective search, and your request may be denied due to 
lack of specificity or lack of compliance with applicable regulations.

RECORD ACCESS PROCEDURES:
    A request for access to records in this system may be made by 
writing to the System Manager, identified above, in conformance with 6 
CFR Part 5, which provides the rules for requesting access to Privacy 
Act records maintained by DHS.

CONTESTING RECORD PROCEDURES:
    Same as ``Records Access Procedures'' above.

RECORD SOURCE CATEGORIES:
    Information contained in this system is obtained from affected 
individuals/organizations/facilities, public source data, other 
government agencies and/or information already in other DHS records 
systems.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: September 23, 2009.
Mary Ellen Callahan
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E9-23513 Filed 9-28-09; 8:45 am]
BILLING CODE 9110-9B-P