CIVIL LIBERTIES AND PRIVACY OFFICE 

Implementation of the Information Sharing Environment 

Privacy Guidelines for Sharing Protected Information 

02 September 2009 

PURPOSE 

This privacy protection plan sets forth the mechanisms, policies and procedures the Office of the 

Director of National Intelligence (ODNI) will follow to implement the Information Sharing 

Environment (ISE) Privacy Guidelines, and governs how the ODNI, to include employees, 

detailees, assignees, contractors, and others who have access to ODNI information or systems 

that may be used in the sharing of terrorism-related information, shall handle records containing 

information about protected individuals (i.e., “protected information”) when those records are 

disclosed to or received from other federal agencies; state, local, tribal and foreign terrorism 

information-sharing partners; and the private sector. 

Processes outlined in this plan will assist the ODNI in complying with applicable privacy and 

civil liberties requirements with respect to sharing protected information, and with the safeguards 

for United States citizens and permanent resident aliens embodied in Executive Order 12333, and 

in guidelines and procedures implementing the provisions and protections of the Order. 

AUTHORITIES 

• The National Security Act of 1947, as amended; 

• Executive Order 12333, as amended; 

• Executive Order 13388; 

• The Privacy Act of 1974, as amended; and 

• Other applicable provisions of law. 

REFERENCES 

• Presidential Memorandum dated December 16, 2005 - Guidelines and Requirements in 

Support of the Information Sharing Environment; 

• PM/ISE Memorandum dated December 4, 2006 - Privacy Guidelines for the Information 

Sharing Environment, and the attached Guidelines to Ensure that the Information Privacy 

and Other Legal Rights of Americans are Protected in the Development and Use of the 

Information Sharing Environment; 

• Privacy and Civil Liberties Implementation Guide for the Information Sharing 

Environment dated September 10, 2007 and available at www.ise.gov.

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• Intelligence Community Directive 102, Process for Developing Interpretive Principles and 

Proposing Amendments to Attorney General Guidelines Governing the Collection, 

Retention, and Dissemination of Information Regarding U.S. Persons.

DEFINITIONS

1. Information Sharing Environment (ISE): The ISE is an approach for sharing “protected 

information” contained in terrorism-related information (including information on weapons of 

mass destruction, homeland security information and law enforcement information related to 

terrorism) with federal, state, local, tribal, and private sector entities, as well as foreign partners. 

Mandated by Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 

(IRTPA), the ISE is composed of the policies, processes, protocols, and technologies that govern 

the handling and management of “protected information” subject to exchange with other entities. 

In practical effect, the term “ISE” refers to procedures for the sharing of terrorism information 

that contains information about protected individuals. 

2. Protected Information: Protected information is information about United States citizens 

and permanent resident aliens that is subject to information privacy or other legal protections 

under the U.S. Constitution and federal laws. Protected information may also include 

information designated by Executive Order, international agreement or other instrument as 

subject to information privacy or other protections. 

ROLES AND RESPONSIBILITIES 

The ODNI shall ensure that information privacy, civil liberties, and other legal rights of United 

States citizens and permanent resident aliens are protected as terrorism-related information is 

exchanged between information-sharing partners. 

The ODNI Civil Liberties Protection Officer (CLPO) is designated as the ODNI ISE Privacy 

Officer. In consultation with other responsible ODNI offices, the CLPO shall: 

 

• Oversee the ODNI’s implementation of and compliance with this plan; 

• Ensure that policies, procedures and systems comply with this plan; 

• Design, implement, and manage privacy and civil liberties training; 

• Provide guidance for implementing this plan; and 

• Review and assess complaints in accordance with the REDRESS section of this plan.

All ODNI components shall: 

• Consult with the CLPO to determine the need to formalize a Standard Operating 

Procedure (SOP), which may be issued as an Internal Process Document (IPD), for 

implementing this plan. If an SOP is necessary, the component shall designate a senior 

official responsible for developing and implementing the SOP. 

• Consult with the CLPO, when no SOP is needed, to ensure compliance with this plan. 

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• Ensure that protected information meets the standards of accuracy, completeness and 

consistency described in the DATA QUALITY section of this plan.

The Data Integrity and ISE Oversight Board shall evaluate components’ processes and identify 

additional protections needed, as described within this plan.

PROCESS TO ENSURE COMPLIANCE WITH LAWS: 

ODNI components seeking to share protected information with terrorism information sharing 

partners shall ensure that the protected information is subject to a thorough review of the 

privacy, civil liberties, EO 12333 guidelines and other applicable conditions and requirements 

for sharing (“ISE rules review,” or “rules review.”). Subject to further CLPO guidance, 

components shall: 

• Consult with CLPO and other offices as CLPO may designate, (e.g., Office of the 

General Counsel, Mission Support Center/Information Management), document such 

consultations, and receive written affirmation from reviewing or consulting officials or 

offices that appropriate criteria have been met; or

• Prescribe an internal ISE rules review process as part of an SOP developed pursuant to 

the ROLES AND RESPONSIBILITY section of this plan and that meets with CLPO 

approval; and

• Document all data sharing between the ODNI and other entities via terms of reference, 

Attorney General Guidelines, Memoranda of Understanding (MOU) or similar 

instruments, and ensure review and approval of such documentation by the CLPO and 

other offices the CLPO may designate. 

In conducting the rules reviews, CLPO, the Office of the General Counsel (OGC), and other 

relevant offices shall work with components to: 

• Identify privacy, civil liberties, EO 12333 and other requirements that apply to the 

protected information to be shared; 

• Develop guidance identifying any rules specific to particular sharing arrangements or 

categories of protected information; and 

• Establish safeguards to ensure that protected information is not shared solely on the basis 

of the exercise of rights guaranteed by the First Amendment, or on the basis of race, 

ethnicity, national origin, or religious affiliation; and controls and limitations are 

implemented for protected information as applicable law or policy requires. 

If, in conducting rules reviews, the CLPO, OGC, or any ODNI component identifies: 

• An issue that erodes information privacy rights, civil liberties, U.S. person or other legal 

protections, the CLPO, upon identifying or receiving notice of such issue, shall initiate 

any internal reviews and policy processes needed to address the risk to protected rights or 

information; 

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• An internally imposed restriction on sharing protected information that impedes the 

sharing of terrorism, homeland security, or law enforcement information and that does 

not appear to be required by applicable laws or to protect information privacy, civil 

liberties, or other legal rights, the CLPO, upon identifying or receiving notice of such 

restriction, shall initiate any internal reviews and policy processes needed to address the 

apparent impediment; or 

• A restriction of the type described in the above paragraph that is imposed by a 

requirement external to ODNI, the CLPO and OGC shall review such reported 

impediments, consult with the ISE Privacy Guidelines Committee and, failing internal 

resolution of the concern, bring such restriction to the attention of the Attorney General 

and the Director of National Intelligence pursuant to the ISE Privacy Guidelines. 

CHARACTER OF DATA - NOTICE

ODNI components will provide a cover sheet or electronic banner, legend or screen notifying 

recipient agencies of the nature of the records, data, databases or systems of records, and 

appropriate approved control markings for unclassified information which they make available to 

other terrorism-related information sharing partners. The notice shall state whether the 

information: 

• Contains protected information pertaining to a United States citizen or permanent 

resident alien, or a non-immigrant alien protected by treaty or international agreement; 

• Is subject to legal restrictions on its access, use, or disclosure, and describes the 

restriction and pertinent law, regulation or policy; or, 

• Is generally reliable and accurate. If its reliability and accuracy is unknown, describe the 

reason for limited confidence in source reliability or content validity (e.g., notice from 

previous recipient of data, independent review, inconsistency in records, etc.).

ODNI components shall also use the cover sheet or electronic banner, legend or screen to 

provide to the recipient agency POC pertinent contact information for the terrorism-related 

reports, records or data they disseminate. At a minimum, this information should include the 

name of the originating department or activity, and, if possible, the title and contact data for the 

person to whom questions regarding the information should be directed.

DATA QUALITY 

The standards outlined below are the minimum required. ODNI components may impose stricter 

data quality standards. 

Data Quality Reviews: Components shall ensure that protected information meets the standards 

of accuracy, completeness and consistency required to further the purpose(s) for which the 

information is collected and used. Specifically: 

• To prevent, identify and correct errors, components shall conduct and document quality 

assurance reviews of protected data to the extent feasible, notwithstanding exemption 

from review under the Privacy Act of 1974 or other law; 

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• Components may document the decision that a data quality review conducted to satisfy a 

non-ISE legal or policy requirement (e.g., OMB mandate, term of MOU) is current and 

appropriate for the data set examined, recording date of review and legal 

authority/requirement for review; 

• Components shall document a decision to review data sets in stages, based on priority 

areas or criticality of accuracy; 

• Reviews may include comparison of records to detect inconsistencies or other concerns 

about accuracy. 

Data Quality Processes: Components shall articulate processes and criteria to ensure: 

• Merged/matched records relate to the same individual; 

• Errors, inconsistencies and deficiencies are investigated and corrected/deleted in a timely 

manner; 

• Outdated or irrelevant data is updated, deleted or segregated in a timely manner; and 

• Data that is pending correction, updating, or deletion is withheld from disclosure or 

access or is appropriately segregated. 

Notice of Errors in Data Received: When a component determines that protected information 

originating from an external source may be erroneous, includes incorrectly merged information, 

or lacks adequate context such that the rights of the protected individual may be affected: 

• The potential error or deficiency shall be communicated in writing to the ODNI CLPO as 

well as to the other agency’s ISE Privacy/Civil Liberties Official (identified in the 

applicable MOU or other instrument governing the information exchange); and 

• The communication shall include information that clarifies, limits, contradicts or qualifies 

the information deemed to be erroneous or deficient. 

Notice of Errors in Data Disseminated: When a component determines that protected 

information it originated is or may be erroneous or non-compliant with terrorism-related 

information sharing policy or other policy or statute, and knows or believes (based on logs/audit) 

that the information was accessed by another agency, the component shall take the following 

steps: 

• Provide written notice to the ODNI CLPO of the deficiency, assessing the extent to 

which the protected information has been disseminated; 

• Notify record recipients of the deficiency, if they can be identified, to include information 

that clarifies, contradicts or qualifies the deficient information; 

• Correct or delete the erroneous information, or follow appropriate processes to dispose of 

the record. When it is uncertain whether the protected information is erroneous, note 

known limitations on accuracy in the field containing the protected information. 

• Report the erroneous dissemination to the Intelligence Oversight Board and to the DNI as 

appropriate pursuant to Executive Order 12333. 

Notice of Data Erroneously Shared: An ODNI component that shares protected information 

erroneously or in a manner that is inconsistent with this plan shall immediately: 

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• Recall the information by contacting all record recipients of the information and request 

immediate destruction of all disseminated copies of the information; 

• Comply with ODNI guidance on managing breaches of personally identifiable 

information, and report the matter to the CLPO, who shall convene an Incident Response 

Team to evaluate the disclosure, decide if notice to record subjects is required, and, as 

needed, develop a response plan. 

Data Integrity and ISE Oversight Board: As described in the ACCOUNTABILITY, 

ENFORCEMENT AND AUDITABILITY section of this plan, the Board will assess overall data 

quality and respond to identified data quality issues. 

DATA SECURITY 

An ODNI component sharing protected information through the ISE shall: 

• Obtain assurances from the Mission Support Center (MSC) that MSC offices have 

implemented policies prescribing administrative, technical, and physical safeguards for 

protected information or will implement them soon. MSC policies should reflect, as 

applicable, the standards and directives in the Data Security sections of the Privacy and 

Civil Liberties Implementation Workbook for Federal Agencies. 

• Coordinate with the ODNI/Chief Information Officer to implement appropriate privacy 

enhancing technologies including, but not limited to, permissioning systems, hashing, 

data anonymization, immutable audit logs, and authentication. 

ACCOUNTABILITY, ENFORCEMENT AND AUDITABILITY: 

ODNI components are responsible for cooperating with all ISE protected information audits and 

reviews conducted as set forth below. All completed reviews and audits shall be submitted to the 

CLPO.

ODNI CLPO shall establish a “Data Integrity and Oversight Board (Board)” with representation 

from each ODNI component that shares information through the ISE. The Board also shall 

include a representative from the IMO. The Board will oversee components’ rules review and 

terrorism data inventory processes; examine data quality reviews to identify potential problem 

areas; and identify processes, policies or training to minimize the use or dissemination of 

erroneously protected information and to ensure that technical protections are implemented. 

The ODNI CLPO shall work with components to implement audit procedures relating to the 

sharing of protected information with terrorism-related information sharing partners. Audits may 

be conducted on any or all of the elements addressed by the ISE Privacy Guidelines. 

REDRESS 

General: Components receiving requests for access to protected information, or complaints from 

individuals who believe protected information about them has been shared shall identify the 

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appropriate office through which to seek redress.

Requests for Access to ODNI Information: Responses to requests from individuals seeking 

access to protected information about them that is under an ODNI Component’s control shall be 

addressed as prescribed by the ODNI’s guidance on the Freedom of Information Act and Privacy 

Act Programs, and corresponding Privacy Act Regulations (32 CFR Part 1701). Such requests 

shall be forwarded to the ODNI’s Office of Information Management, which will maintain a file 

of such requests and take action as appropriate. 

Information Sharing Complaints, CLPO Role and ODNI Component Support: 

• A component or ODNI redress action office that receives a complaint or allegation 

relating to the sharing of protected information shall promptly forward the complaint or 

allegation to the ODNI CLPO for acknowledgement, investigation and resolution as 

appropriate. 

• CLPO shall be responsible for handling complaints or requests for redress involving 

terrorism-related information which are not identifiable as within the authority or 

responsibility of any of the other ODNI-internal offices. 

• CLPO shall reconcile protocols for handling complaints arising, variously, under privacy 

and civil liberties authorities and under EO 12333, and ODNI components shall 

cooperate with procedures developed for conducting internal and external investigations 

and for communicating with complainants regarding the handling of all protected 

information. 

Expungement: ODNI components receiving expungement orders issued by a federal court shall 

forward them to the OGC, with a copy to CLPO and MSC/IM. Components will coordinate with 

the OGC and IMO to comply with expungement orders and to determine how to respond to 

expungement orders issued by state courts.

Interagency Cooperation: Subject to DNI authorities, ODNI will respond as promptly as 

practicable to a request for information and cooperation from another agency to assist in 

addressing a complaint received by such other agency. ODNI, conversely, shall promptly 

request the assistance of other information sharing partners when a request is received that 

relates to the activities of the other partner in respect of terrorism-related information.

TRAINING 

Privacy, civil liberties and U.S. person training will be mandatory for all personnel who collect, 

have access to, or disseminate protected information. The ODNI CLPO is responsible for 

designing, implementing, and managing this training. 

The training program will, at a minimum, cover the following topics: 

• Collection, retention, use, and dissemination of protected information; 

• Reporting violations of privacy-protection policies; and 

• Sanctions for misuse of protected data and non-compliance with this plan. 

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ODNI personnel who have access to protected information, or operate/maintain databases or 

National Security Systems, shall certify their participation in annual ODNI privacy, civil liberties 

and U.S. person training. 

ODNI will provide training to ensure that all agency action offices possessing a redress function 

are familiar with ODNI’s terrorism-related information sharing activities, and understand when a 

complaint or inquiry received implicates protected information subject to action by CLPO. 

INTERNAL AWARENESS 

The ODNI CLPO will facilitate appropriate awareness within the ODNI of policies and 

procedures for implementing this plan. The CLPO shall ensure that information about privacy, 

civil liberties and EO 12333 policies and procedures is updated as necessary. 

NON-FEDERAL ENTITIES 

To the extent consistent with applicable laws and guidance, the ODNI will share, as appropriate, 

terrorism, homeland security, and/or law enforcement information related to terrorism with state, 

local, and tribal governments, law enforcement agencies, and non-government entities providing 

they implement privacy protections that are at least as comprehensive as those prescribed by the 

ISE Guidelines. The Program Manager-Information Sharing Environment (PM-ISE) shall 

provide guidance on the privacy and civil liberties protection policies that non-federal entities 

should adopt in order to receive terrorism, homeland security and/or law enforcement 

information related to terrorism from federal terrorism information sharing partners. 

The National Counterterrorism Center will facilitate the production of “federally coordinated” 

terrorism-related information for use by state, local, and tribal governments, law enforcement 

agencies, and non-government entities. 

Components shall consult with the CLPO and with the Office of Policies, Plans and 

Requirements in anticipation of sharing terrorism information with non-federal entities.