Initial Privacy Assessment Form

U.S. DEPARTMENT OF

HOUSING AND URBAN DEVELOPMENT

Initial Privacy Assessment

2577-0232 - Screening for Drug Abuse and Criminal Activity in Public Housing/Section 8 Admissions and Terminations

Office of Public and Indian Housing

February 11, 2016

INITIAL PRIVACY ASSESSMENT (IPA)

The Initial Privacy Assessment (IPA) is use to determine whether a Privacy Impact Assessment (PIA) is required under the E-Government Act of 2002. The IPA is also used to determine if a System of Records Notice (SORN) is required under the Privacy Act of 1974.

The IPA is an administrative form created by the Privacy Branch to efficiently and effectively identify the use of Personally Identifiable Information (PII) across the Department. The IPA focuses on three areas of inquiry:

• Business data and business processes within each HUD program.

• Potential connections with individuals including the use of PII – any use of social security numbers must be specifically identified.

HUD’s program and support offices should ensure that its respective IPA is completed and sent to the Privacy Branch for approval. If SSNs are to be used, the IPA specifically identifies the justification and authority for using SSNs. Upon receipt of the IPA, the Privacy Branch determines the applicability of other privacy compliance requirements including the PIA and SORN. The IPA is complete when the Privacy Branch signs it and sends the final copy back to the identified point of contact.

Please complete this form and send it to the HUD Privacy Branch staff.

Janice Noble

Acting, Branch Chief

Privacy Branch

U.S. Department of Housing and Urban Development

Privacy@hud.gov

If a PIA or SORN is required, a copy of the Privacy Impact Assessment and System of Records Notice form is available on the HUD Privacy Branch website, http://hudatwork.hud.gov/HUD/cio/po/i/privacy, on HUD@Work or directly from the HUD Privacy Branch via email: privacy@hud.gov to complete and return.

INITIAL PRIVACY ASSESSMENT (IPA) SUMMARY INFORMATION

Date Submitted for Review:

Name of System or Project: 2577-0232 - Screening for Drug Abuse and Criminal Activity in Public Housing/Section 8 Admissions and Terminations

System Name in CSAM: n/a

Name of Program Office: Public and Indian Housing

Name of Project Manager or System Owner: Sheba Cousins

Email for Project Manager or System Owner: sheba.cousins@hud.gov

Phone Number for Project Manager or System Owner: 202.402.2986

Type of Project:

☐ Information Technology and/or System

☐ A Notice of Proposed Rule Making or a Final Rule:

☒ Form or other Information Collection:

☐ Other: <Please describe the type of project including paper based Privacy Act system of records.>

SPECIFIC QUESTIONS

1. Describe the project and its purpose:

The information and collection requirements consist of Public Housing Agency (PHA) screening requirements to obtain criminal conviction records from law enforcement agencies to screen applicants for admission to public housing and Section 8 housing and prohibit admission of individuals who engage in, or have engaged in certain criminal activities, namely: (i) drug-related criminal activity; (ii) violent criminal activity; (iii) other criminal activity that would threaten the health, safety, or right to peaceful enjoyment of the premises by other residents; or (iv) other criminal activity that would threaten the health or safety of the PHA or owner or any employee, contractor, subcontractor or agent of the PHA or owner who is involved in the housing operation. These screening requirements are also used to evict individuals residing in public housing or Section 8 housing who engage in drug-related criminal activity (although the PHA can also terminate tenancy if it determines a household member is illegally using a drug or has demonstrated a pattern of illegal use of a drug that interferes with the health, safety, or right to peaceful enjoyment of the premises by other residents); any criminal activity that would threaten the health, safety, or right to peaceful enjoyment of the premises by other residents (including property management staff residing on the premises); any criminal activity that would threaten the health, safety, or right to peaceful enjoyment of their residences by persons residing in the immediate vicinity of the premises; or if the individual is a fugitive felon or parole violator.

2. Status of Project:

☐ This is a new development effort.

☒ This is an existing project.

Date first developed:

Date last updated: June 7, 2012

This is a revision of a currently approved collection. The number of respondents (PHAs) has decreased since the last approval.

3. From whom do you collect, process, or retain information on: (Please check all that apply)

☐ HUD Employees

☐ Contractors working on behalf of HUD

☒ Tenants and or prospective tenants of Public Housing

☐ The System does not contain any such information.

3. Do you use or collect Social Security Numbers (SSNs)? (This includes truncated SSNs)

☐ No.

☒ Yes. Why does the program collect SSNs? Provide the function of the SSN and the legal authority to do so:

SSNs are used to retrieve criminal information from the National Criminal Information Center, a database managed by the FBI which collects information of an individual’s criminal records. 42 USC 3543 (Housing and Community Development Act of 1987) grants the Secretary the authority to require applicants/participants to disclose his/her SSN as a condition of initial/continued eligibility in the assisted housing program.

5. What information about individuals could be collected, generated or retained?

PHAs will obtain criminal conviction record information either manually or electronically through web-based applications (where available) prior to admission of an applicant family (only adult household members age 18 and over) to the Public Housing or Section 8 program. (This will be done all at once for members of applicant families.) PHAs may seek this information at any time during the participant family's tenancy, especially when there is an allegation of a lease/program violation related to criminal activity. Criminal conviction record information is a tool that PHAs may use if there is a question regarding whether a household member committed an act that would result in termination under Department regulations. The PHAs are required to keep records of this information.

6. If this project is a technology/system, does it relate solely to infrastructure? [For example, is the system a Local Area Network (LAN) or Wide Area Network (WAN)]?

☒ No. Please continue to the next question.

☐ Yes. Is there a log kept of communication traffic?

☐No. Please continue to the next question.

☐ Yes. What type of data is recorded in the log? (Please choose all that apply.)

☐ Header

☐ Payload Please describe the data that is logged.

7. Does the system connect, receive, or share Personally Identifiable Information with any other HUD systems?

☒ No.

☐ Yes. Please list the systems:

Is this external sharing pursuant to new or existing information sharing access agreement (MOU, MOA, LOI, etc.)?

7. Does the system meet all of the following requirements? n/a

There will be a group of records under the control of an agency that contains a personal identifier (such as a name, date of birth, SSN, Employee Number, fingerprint, etc.) of U.S. citizens and lawful permanent residents;

Contains at least one other item of personal data (such as home address, performance rating, blood type, etc.); and

The data about the subject individual IS retrieved by the name or unique identifier assigned to the individual.

☐ No.

☐ Yes.

If yes is there an existing System of Record Notice?

☐ No.

☐ Yes.

9. Is there an Authorization to Operate record within OCIO’s FISMA tracking system CSAM?

☐ Unknown

☒ No

☐ Yes. Please indicate the determinations for each of the following:

Confidentiality: ☐ Low ☐ Moderate ☐ High

Integrity: ☐ Low ☐ Moderate ☐ High

Availability: ☐ Low ☐ Moderate ☐ High

PRIVACY DETERMINATION

(TO BE COMPLETED BY THE HUD PRIVACY BRANCH)

Date reviewed by the HUD Privacy Branch: <Insert Date.>

Name of the HUD Privacy Branch Reviewer: <Please enter name of reviewer.>

DESIGNATION

☐ This is NOT a Privacy Sensitive System – the system contains no Personally Identifiable Information.

☐ This IS a Privacy Sensitive System

Category of System

☐ IT System

☐ Legacy System

☐ HR System

☐ Rule

☐ Other: ____________________________

Determination

☐ IPA sufficient at this time

☐ Privacy compliance documentation determination in progress

☐ PIA is not required at this time

☐ PIA is required

☐ System covered by existing PIA:

☐ New PIA is required

☐ PIA update is required

☐ SORN not required at this time

☐ SORN is required

☐ System covered by existing SORN:

☐ New SORN is required

HUD PRIVACY BRANCH COMMENTS:

DOCUMENT ENDORSMENT

DATE REVIEWED:

PRIVACY REVIEWING OFFICIALS NAME:

By signing below you attest that the content captured in this document is accurate and complete and meet the requirements of applicable federal regulations and HUD internal policies.

SYSTEM OWNER Sheba Cousins/Housing Program Specialist		Date
Public and Indian Housing
PROGRAM AREA MANAGER Milan M. Ozdinec/ Deputy Assistant Secretary		Date
Office of Public Housing and Voucher Programs
CHIEF PRIVACY OFFICER <<INSERT NAME/TITLE>>		Date
OFFICE OF THE EXECUTIVE SECRETARIAT