[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5577-5581]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-94]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2007-0020]
Privacy Act of 1974: ICE Pattern Analysis and Information
Collection (ICEPIC) System of Records
AGENCY: Department of Homeland Security.
ACTION: Privacy Act System of Records.
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SUMMARY: Pursuant to the Privacy Act of 1974, the Department of
Homeland Security, U. S. Immigration and Customs Enforcement, is
publishing this notice of system of records for the Department's ICE
Pattern Analysis and Information Collection (ICEPIC) system. A proposed
rulemaking is also published in this issue of the Federal Register in
which the Department proposes to exempt portions of this system of
records from one or more provisions of the Privacy Act because of
criminal, civil, and administrative enforcement requirements. Due to
urgent homeland security and law enforcement mission needs, ICEPIC is
currently in limited operation. Recognizing that ICE is publishing a
notice of system of records for an existing system, ICE will carefully
consider public comments, apply appropriate revisions, and republish
the ICEPIC notice of system of records within 180 days of receipt of
comments. Additionally, a Privacy Impact Assessment will be posted on
the Department's privacy Web site. (See http://www.dhs.gov/privacy and
follow the link to ``Privacy Impact Assessments.'')
DATES: The established system of records will be effective February 29,
2008. A revised ICEPIC notice of system of records that addresses
public comments, responds to OMB direction, and includes other ICE
changes will be published not later than August 27, 2008 and will
supersede this notice of system of records.
ADDRESSES: You may submit comments, identified by Docket Number DHS
2007-0020 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Department
of Homeland Security, Washington, DC 20528.
FOR FURTHER INFORMATION CONTACT: For system related questions please
contact Steven W. Cooper, Executive Information Unit, Office of
Investigations, U.S. Immigration and Customs Enforcement, 425 I Street,
NW, Washington, DC 20536. For privacy issues please contact: Hugo
Teufel III, Chief Privacy Officer, Privacy Office, U.S. Department of
Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Part of ICE's mission is to investigate possible violations of U.S.
immigration law. Many times this involves hours of analysis regarding a
particular case or operation. As part of the investigative
[[Page 5578]]
process analysts must identify and understand the relationships among
individuals, places, and items that are the subject of investigation.
The ICEPIC Tool builds on earlier ICE initiatives to verify the
identity of Special Interest Aliens (SIAs), as designated by the
Department of State. In 2003 ICE implemented the National Security
Entry Exit Registration System (NSEERS) to manage the growing
collection of over 500,000 SIA records. National and international
terrorist threats in the 2004 and 2005 timeframe resulted in ICE
reviewing not only the SIA records in NSEERS, but also the records of
aliens registered with the Student and Exchange Visitor Information
System (SEVIS) and entered into the United States Visitor and Immigrant
Status Indicator Technology (US VISIT) system as well. Since 2005,
ICE's expanding law enforcement role has demanded increasingly
sophisticated tools to detect potential violations of immigration and
criminal law and terrorist threats.
ICE analyzes relationships among individuals using conventional
database queries and link analysis tools; however, traditional link
analysis tools rely on the consistency of key data, such as names and
addresses, to establish relationships. If the source data is of poor
quality or an individual seeks to conceal his/her identity through
intentional, but subtle, changes to names, addresses, and other
biographic information, then conventional tools are less effective at
recognizing relationships. As a result, investigators and analysts may
miss important relationships among suspects, family members, other
associates, organizations, addresses, and vehicles.
ICEPIC allows ICE law enforcement agents and analysts to look for
non-obvious relationship patterns among individuals and organizations
that are indicative of violations of the customs and immigration laws
that are enforced by DHS agencies, as well as possible terrorist
threats and plots. From these relationships, ICE agents can develop
specific leads and law enforcement intelligence for active and new
investigations. Identified relationships can also be recorded for reuse
in subsequent investigative analyses. The information processed by
ICEPIC comes from existing ICE investigative and apprehension records
systems, as well as immigration and alien admission records systems.
All ICEPIC activity is predicated on ongoing and valid law enforcement
investigations.
ICEPIC includes capabilities that assist investigators to record
results of analyses performed in support of investigations and to
capture additional relevant information obtained from outside sources.
The information collected by, on behalf of, in support of, or in
cooperation with DHS and its components may contain personally
identifiable information collected by other Federal, state, local,
tribal, foreign, or international government agencies or organizations.
ICEPIC assists ICE investigators by automating five business
processes:
A. Analysis of leads, law enforcement and intelligence reports,
referrals, and processing of queries of ICE and DHS information to
locate relevant records and produce reports;
B. Integration and resolution of information from multiple ICE and
DHS databases to provide leads for law enforcement investigations and
disruption of potential terrorist activities;
C. Initiation of analyses that support investigative cases in DHS
and field offices and recording the results of beneficial analyses;
D. Production and dissemination of target indicator profiles and
other law enforcement intelligence; and
E. Management of analysis workflows and information resources.
Information that is produced or maintained by ICEPIC is used by ICE
agents in headquarters and field offices to identify potential
violations of customs or immigration law, confirm suspected violations,
or investigate potential terrorist threats. ICEPIC is used to identify
relationships among different individuals or among records for the same
individual from multiple sources when an individual or individuals have
been identified as subjects, leads, or associates in an investigative
case. In cases where DHS determines that the information would assist
in the enforcement of civil or criminal laws, ICE may share the
information with the appropriate Federal, State, local, tribal, or
foreign governmental agencies or multilateral governmental
organizations. Information may also be used by national intelligence
community agencies where analysis of the records indicates a potential
or confirmed threat of terrorist activity justifying further analysis
or investigation. ICE may also share this information with the FBI when
ICE becomes aware of information that may be related to an individual
in the Terrorist Screening Database.
The Department of Justice (DOJ) and other Federal agencies may use
reports generated through ICEPIC in the review, settlement, and
prosecution of claims, complaints, and lawsuits involving matters over
which ICE exercises jurisdiction or when conducting litigation or in
proceedings before any court, adjudicative, or administrative body.
This includes any litigation matters where ICE, DOJ, or an employee in
his or her official capacity in support of ICE, the United States, or
any agency thereof is involved.
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 personally identifiable
information. The Privacy Act applies to information that is maintained
in a ``system of records.'' A ``system of records'' is a group of any
records under the control of an agency from which information is
retrieved by the name of the individual or by some identifying number,
symbol, or other particular assigned to the individual. 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 5.21 and DHS will review each
request on a case-by-case basis in light of exemptions taken by ICEPIC.
The Privacy Act requires each agency to publish in the Federal
Register a description of 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 personally identifiable information is put, and to assist
individuals in finding such files within the agency.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this revised system of records to the Office of Management and Budget
and to the Congress.
System of Records
DHS-ICE-002
System name:
ICE Pattern Analysis and Information Collection.
Security Classification:
Sensitive But Unclassified
System Location:
U.S. Department of Homeland Security Immigration and Customs
Enforcement Headquarters data facilities are located in the Virginia
suburbs of Washington, DC, with continuity of operations sites in
remote locations within the continental United States.
[[Page 5579]]
Categories of Individuals Covered by the System:
A. Individuals or entities who are associated with investigations,
inspections, apprehensions, detentions, patrols, removals,
examinations, naturalizations, intelligence production, legal
proceedings, or other operations that implement and enforce the
Immigration and Nationality Act (INA) (8 U.S.C. 1101 et seq.) and
related treaties, statutes, orders, and regulations.
B. Individuals or entities who are associated with investigations,
inspections, apprehensions, detentions, law enforcement intelligence
production, legal proceedings or other operations that implement and
enforce immigration- and customs-related laws, specifically those found
in Titles 8, 19, and 31 of the United States Code.
C. Individuals who are respondents, representatives, or witnesses
in administrative, civil penalty, or forfeiture proceedings, or
defendants, representatives or witnesses in criminal prosecution or
extradition proceedings under immigration or customs-related laws or
regulations.
D. Associates of the above individuals and entities who are sources
of information relevant to an investigation.
E. Individuals wanted by other law enforcement agencies, including
Federal, State, local, tribal, foreign and international, or
individuals who are the subject of inquiries, lookouts, or notices by
another agency or a foreign government.
F. Individuals, including U.S. Citizens, Lawful Permanent
Residents, immigrants and non-immigrants who apply for immigration
benefits and/or any form of automated or other expedited inspection for
verifying eligibility to cross the borders into the United States.
G. Non-United States citizens and Non-Lawful Permanent Residents
who present themselves for entry into and/or exit from the United
States, including individuals subject to the requirements and processes
of US-VISIT. Individuals covered under US-VISIT include those who are
not United States citizens at the time of entry or exit or who are
United States citizens or Lawful Permanent Residents who have not
identified themselves as such at the time of entry or exit.
H. Individuals unlawfully present in the United States to include
persons who have failed to maintain a valid immigration status as well
as persons who are otherwise unlawfully present in the United States.
I. Nationals of countries that threaten to wage war, or are at war
with the United States, and individuals required to register as agents
of foreign governments in the United States.
Categories of Records in the System:
Records come directly from information collected from individuals
during DHS or federal enforcement encounters, from information provided
by individuals when applying for U.S. immigration benefits or temporary
admission to the U.S., or from persons entering or leaving the U.S.
Analyzed records include biographical data; biometric identifiers,
including fingerprints and photographs; and information or data related
to the individual subject's case, including immigration history, alien
registration, and other identification or record numbers. The system
maintains records used to show relationships across all categories of
records. These records include:
A. Information collected from individuals during a DHS enforcement
encounter or investigation, including, but not limited to: Names,
aliases, dates of birth, phone numbers, addresses, nationality,
identification numbers such as A-File Number, Social Security Number,
or driver's license number, and physical characteristics. This
information is maintained in the Treasury Enforcement Communications
System (TECS), last published October 18, 2001, 66 FR 52984 and in the
DHS Enforcement Operational Immigration Records (ENFORCE) system, last
published DHS/ICE-CBP-CIS-001-03, ENFORCE/IDENT March 20, 2006, 71 FR
13987;
B. Information collected about individuals during a DHS enforcement
encounter or investigation, or provided by other State, local, tribal
Federal, or foreign law enforcement or other relevant agencies,
including, but not limited to: Names, aliases, nationality, dates of
birth, phone numbers, addresses, affiliations, identification numbers
such as A-File Number, Social Security Number, or driver's license
number, or physical characteristics. This information is maintained in
TECS;
C. Biographic information such as names, aliases, dates of birth,
phone numbers, addresses, nationality, identification numbers such as
A-File Number, Social Security Number, or driver's license number, and
immigration violation information obtained from the DHS ENFORCE or
successor systems;
D. Biographic information such as names, aliases, dates of birth,
phone numbers, addresses, nationality, identification numbers such as
A-File Number, Social Security Number, or driver's license number, and
descriptive information obtained from U.S. Citizenship and Immigration
Services (USCIS) immigration benefits applications and application
review findings;
E. Information obtained from other Federal or foreign law
enforcement agencies about individuals known or reasonably suspected to
be or to have been engaged in conduct constituting, in preparation for,
in aid of, or related to terrorism;
F. Biographic information and other information such as name,
address, and phone number obtained from commercial data providers for
individuals identified as prospective leads or suspects in active
investigations; and
G. Biographic information such as names, aliases, dates of birth,
phone numbers, addresses, nationality, identification numbers such as
A-File Number, Social Security Number, or driver's license number, and
descriptive information obtained from U.S. Customs and Border
Protection (CBP) encounters at Ports of Entry during border crossings.
Authority for Maintenance of the System:
5 U.S.C. Sec. 301; 8 U.S.C. Sec. 1103; 8 U.S.C. Sec. 1225(d)(3);
8 U.S.C. Sec. 1324(b)(3); 8 U.S.C. Sec. 1357(a); 8 U.S.C. Sec.
1360(b); 19 U.S.C. Sec. 1; and 19 U.S.C. Sec. 1509.
Purpose:
The purpose of the ICEPIC system is to provide the information
technology infrastructure products and services that enable
investigators and analysts within ICE and other DHS components to
recognize non-obvious person, address, and organizational relationships
within existing DHS records systems, and to develop timely, actionable
leads needed to accomplish ICE law enforcement and counter-terrorism
mission objectives. All ICEPIC activity is predicated on ongoing and
valid law enforcement investigations. Current manual and automated
processes for research, collation, organization, validation, and
analysis of the information in numerous DHS alien registration, entry,
intelligence, lookout, and enforcement systems can accomplish similar
objectives, but are cumbersome, time-consuming, and error-prone. ICEPIC
will provide a reliable, responsive, and secure system to support
production of actionable leads and law enforcement intelligence for DHS
components and other Federal entities, as appropriate and in
conformance with this system of records notice.
[[Page 5580]]
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 to authorized
entities, as is determined to be relevant and necessary, outside DHS as
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice (DOJ) or other Federal agency in
the review, settlement, defense, and prosecution of claims, complaints,
and lawsuits involving matters over which ICE exercises jurisdiction,
or when conducting litigation or in proceedings before any court,
adjudicative or administrative body, when: (a) DHS; or (b) any employee
of DHS in his/her official capacity; or (c) any employee of ICE in his/
her individual capacity, where DOJ or DHS has agreed to represent the
employee; or (d) 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 compatible with the purpose
for which DHS collected the records.
B. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, license,
or treaty where DHS determines that the information would assist in the
enforcement of domestic and foreign civil or criminal laws.
C. To U.S. agencies of the national intelligence community or
through established liaison channels to selected foreign governments
where analysis of the records indicates a potential or confirmed threat
of terrorist activity justifying further analysis or investigation.
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. Those provided information under this routine use
are subject to the same Privacy Act limitations as are applicable to
DHS officers and employees.
E. To the National Archives and Records Administration (NARA) or
other Federal agencies pursuant to records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906.
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. Those
provided information under this routine use are subject to the same
Privacy Act limitations as are applicable to DHS officers and
employees.
G. To appropriate Federal, State, tribal, local, or foreign law
enforcement, intelligence, and regulatory agencies, foreign
governments, and international law enforcement organizations, for
example: the Department of Defense; the Department of State; the
Department of the Treasury; the Central Intelligence Agency; the
Selective Service System; the United Nations; and INTERPOL; as well as
to other individuals and organizations during the course of an
investigation by DHS or the processing of a matter under DHS'
jurisdiction, or during a proceeding within the purview of the
immigration and nationality laws, when DHS deems that such disclosure
is necessary to elicit information required to accomplish the purposes
described in this paragraph.
H. To an appropriate Federal, State, tribal, local, or foreign
government agency or organization, or international organization,
lawfully engaged in collecting law enforcement intelligence, whether
civil or criminal, or charged with investigating, prosecuting,
enforcing or implementing civil or criminal laws, related rules,
regulations or orders, to enable these entities to carry out their law
enforcement responsibilities, including the collection of law
enforcement intelligence, but only when the disclosure is appropriate
to the proper performance of the official duties of the person
receiving the disclosure.
I. To an appropriate Federal, State, local, tribal, or foreign
government agency, international organization, or private organization
where the President or the Secretary of Department of Homeland Security
has declared an event to be a National Special Security Event, if the
information is relevant and necessary to a requesting agency's decision
concerning the hiring or retention of an individual, or issuance of a
security clearance, license, contract, grant, or other benefit, or if
the information is relevant and necessary to a DHS decision concerning
the hiring or retention of an employee, the issuance of a security
clearance, the reporting of an investigation of an employee, the
letting of a contract, or the issuance of a license, grant or other
benefit, but only when disclosure is appropriate to the proper
performance of the official duties of the person making the request.
Disclosure to consumer reporting agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining
and Disposing of Records in the System:
Storage:
Records are stored electronically at one or more ICE data centers
that are located in secure facilities. The records are stored on
magnetic disc, tape, digital media, and optical media, and may also be
retained in hard copy format in secured file folders.
Retrievability:
Data are retrievable by an individual's name, Social Security
Number, A-File Number, or other unique identifier, as well as by non-
identifying information such as address or date of entry into the
United States.
Safeguards:
Information in this system is safeguarded in accordance with
applicable laws and policies, including the DHS information technology
security policies and the Federal Information Security Management Act
(FISMA). 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 features. The
system is also protected through a multi-layer security approach. The
protective strategies are physical, technical, administrative and
environmental in nature, which provide access control to sensitive
data, physical access control to DHS facilities, confidentiality of
communications, authentication of sending parties, and personnel
screening to ensure that all personnel with access to data are screened
through background investigations commensurate with the level of access
required to perform their duties.
The system also maintains a real-time auditing log of individuals
who access and update the system. Audit logs are reviewed and analyzed
for unauthorized and inappropriate system usage. DHS will investigate
instances of unauthorized or inappropriate access or use of the system
and take appropriate disciplinary actions where violations have
occurred.
[[Page 5581]]
Retention and Disposal:
The National Archives Records Administration has not yet approved a
retention schedule for this system of records. Because a history of
Federal law enforcement interactions with persons and organizations is
essential to detecting criminal and terrorist patterns of behavior and
locating leads in current investigations, ICE has proposed to retain
records in ICEPIC for ten (10) years from ICE's last use of the
individual's data, and then archive the information for an additional
five (5) years. After the five (5) year period, information will be
destroyed unless it has become relevant to a legal action, at which
point the retention schedule would reset.
System Manager(s) and Address:
Steven W. Cooper, Executive Information Unit, Office of
Investigations, U.S. Immigration and Customs Enforcement, 425 I St.,
NW., Washington, DC 20536, telephone: (202) 616-7571.
Notification Procedures:
Pursuant to 5 U.S.C. 552a (j) and (k), this system of records may
not be accessed by members of the public for purposes of determining if
the system contains a record pertaining to a particular individual.
Nonetheless persons may seek access to records maintained in ICEPIC as
outlined in the Record Access Procedures section below. Requests for
such access will be reviewed on a case-by-case basis.
Record Access Procedures:
ICEPIC is exempt from record access procedures pursuant to 5 U.S.C.
552a (j) and (k). Nonetheless persons may seek access to records
maintained in ICEPIC by contacting FOIA/Privacy Act request to the
Office of Investigations, Information Disclosure Unit, 425 I St., NW.,
Washington, DC 20536 and using the form found at http://www.ice.gov/doclib/g-639.pdf.
Requests for such access will be reviewed on a case-
by-case basis to ensure that the records meet the requirements set out
by the Privacy Act.
Contesting Record Procedures:
This system is exempt from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)
(G) and (H), and (f) pursuant to 5 U.S.C. 552a(j)(2), (k)(2); however,
requests for amendment of records may be reviewed on a case-by-case
basis. Follow the ``Record Access Procedures'' noted above.
Record Source Categories:
Information contained in the system is obtained from DHS
investigators, other DHS law enforcement officers, other Federal,
State, foreign and tribal law enforcement and intelligence agencies,
public records, commercial data aggregators, and immigration and alien
admission records systems.
Exemptions Claimed for the System:
Pursuant to exemption 5 U.S.C. 552a(j)(2) of the Privacy Act,
portions of this system are exempt from 5 U.S.C. 552a(c) (3) and (4);
(d); (e)(1), (e)(2), (e)(3), (e)(4)(G), (e)(4)(H), (e)(5) and (e)(8);
(f), and (g). Pursuant to 5 U.S.C. 552a (k)(2), this system is exempt
from the following provisions of the Privacy Act, subject to the
limitations set forth in those subsections: 5 U.S.C. 552a (c)(3), (d),
(e)(1), (e)(4)(G), (e)(4)(H), and (f). In addition, to the extent a
record contains information from other exempt systems of records, ICE
will rely on the exemptions claimed for those systems.
Issued in Arlington, VA.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-1556 Filed 1-29-08; 8:45 am]
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