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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
request may be denied due to lack of
specificity or lack of compliance with
applicable regulations.
RECORD ACCESS PROCEDURE:

See ‘‘Notification Procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification Procedure’’ above.
RECORD SOURCE CATEGORIES:

Information originates within DHS
and from the individual to whom the
record pertains.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

The Secretary of Homeland Security
has exempted certain records in this
system on the basis of 5 U.S.C.
552a(k)(6) in order to preserve the
objectivity and fairness of testing and
examination material.
Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–28037 Filed 11–24–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY

[Docket No. DHS–2008–0092]

Privacy Act of 1974; Department of
Homeland Security Mailing and Other
Lists System of Records
Privacy Office; DHS.
Notice of Privacy Act system of

AGENCY:

jlentini on PROD1PC65 with NOTICES

records.
SUMMARY: In accordance with the
Privacy Act of 1974, the Department of
Homeland Security is giving notice that
it proposes to update one record system
titled, DHS/ALL–002 Department of
Homeland Security Mailing and Other
Lists System. Categories of records have
been changed to reflect the removal of
emergency contact information which
has been moved to the Emergency
Personnel Location System of Records
(October 17, 2008). The routine uses of
this system of records have been
updated to include the ability to share
information for audits; for breach
mitigation; with Federal, State and local
agencies; with the Department of
Justice; and with the news media. This
updated system will be included in
DHS’s inventory of record systems.
DATES: Written comments must be
submitted on or before December 26,
2008.

You may submit comments,
identified by docket number DHS–

ADDRESSES:

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For
general questions and privacy issues
please contact: Hugo Teufel III (703–
235–0780), Chief Privacy Officer,
Privacy Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:

I. Background

Office of the Secretary

ACTION:

2008–0092 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, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change and may be read at
http://www.regulations.gov, including
any personally identifiable information
provided.
• Docket: For access to the docket to
read background documents or
comments received, go to http://
www.regulations.gov.

The Department of Homeland
Security (DHS) is updating and
reissuing an agency-wide system of
records under the Privacy Act (5 U.S.C.
552a) for DHS mailing and other lists.
These lists are used to facilitate mailings
to multiple addressees and other
activities in furtherance of DHS duties.
DHS and its components and offices use
the system to account for all persons
appearing on mailing lists collected and
maintained throughout DHS to facilitate
mailings to multiple addressees and
other activities in furtherance of DHS
duties.
In accordance with the Privacy Act of
1974, DHS is giving notice that it
proposes to update one record system
titled, DHS/ALL–002 Department of
Homeland Security Mailing and Other
Lists System (69 FR 70460 December 9,
2004). Categories of records have been
changed to reflect the removal of
emergency contact information which
has been moved to Emergency
Personnel Location System of Records
(73 FR 61888 October 17, 2008). The
routine uses of this system of records
have been changed to reflect the
addition of information sharing for
audits of the Department and it’s
components; for breach mitigation to
prevent the unauthorized use or
disclosure of information and to prepare
for privacy related incidents; with
Federal, State and local agencies related
to tracking and completion of training;

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with the Department of Justice; with the
news media. 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 legal
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 recordkeeping
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 the DHS Mailing and
Other Lists System of Records.
In accordance with 5 U.S.C. 552a(r),
DHS has provided a report of this
updated system of records to the Office
of Management and Budget and to
Congress.
SYSTEM OF RECORDS
DHS/ALL–002
SYSTEM NAME:

Department of Homeland Security
Mailing and Other Lists System of
Records.
SECURITY CLASSIFICATION:

Unclassified.
SYSTEM LOCATION:

This system of records is located in
the Department of Homeland Security,

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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices

Washington, DC 20528, as well as in the
component DHS offices.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:

All persons appearing on mailing lists
maintained throughout DHS to facilitate
mailings to multiple addressees and
other activities in furtherance of DHS
duties. These lists include persons who
have requested DHS material; members
of the news media who have provided
contact information; persons who serve
on DHS boards and committees other
than those covered by the Federal
Advisory Committee Act which are
covered under DHS/ALL 009 Advisory
Committees (73 FR 57639), and other
individuals having business with DHS
who have provided contact information;
individuals who enter contests
sponsored by DHS; contractors or other
individuals who work or attend
meetings at DHS; and other persons who
attend or have an interest in DHS
programs, contests, exhibits,
conferences, training courses, and
similar events.
CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records in this system
include:
• Individual’s name;
• Age;
• School grade; (where appropriate)
• School name; (where appropriate)
• Telephone numbers;
• E-mail address;
• Mailing address;
• Position/title;
• Business affiliation (where
appropriate);
• Other contact information provided
to DHS by individuals covered by this
system of records; and
• Computer-generated identifier or
case number where created in order to
retrieve information.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 301; 44 U.S.C. 3101.
PURPOSE(S):

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The system is maintained for the
purpose of mailing informational
literature or responses to those who
request it; maintaining lists of
individuals who attend meetings;
maintaining information regarding
individuals who enter contests
sponsored by DHS; and for other
purposes for which mailing or contact
lists may be created.
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

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portion of the records of information
contained in this system may be
disclosed outside Department of
Homeland Security (DHS) as a routine
use pursuant to 5 U.S.C. 552a(b)(3) as
follows:
A. To the Department of Justice 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
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 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.

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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.
J. 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 stored
electronically or on paper in secure
facilities in a locked drawer behind a
locked door. The records are stored on
magnetic disc, tape, digital media, and
CD–ROM.
RETRIEVABILITY:

Information typically will be retrieved
by an identification number assigned by
computer or case number where created
for tracking purposes, by e-mail address,
or by name of an individual.
SAFEGUARDS:

Records in this system are
safeguarded in accordance with

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Federal Register / Vol. 73, No. 228 / Tuesday, November 25, 2008 / Notices
applicable rules and policies, including
all applicable DHS automated systems
security and access policies. Strict
controls have been imposed to minimize
the risk of compromising the
information that is being stored. Access
to the computer system containing the
records in this system is limited to those
individuals who have a need to know
the information for the performance of
their official duties and who have
appropriate clearances or permissions.
RETENTION AND DISPOSAL:

Some records are retained and
disposed of in accordance with the
National Archives and Records
Administration’s General Records
Schedule 12 (Communications Records).
Other records are retained and disposed
of in accordance with General Records
Schedule 1. Files may be retained for up
to three years or less depending on the
record. For records that may be used in
litigation, the files related to that
litigation will be retained for three years
after final court adjudication.
SYSTEM MANAGER AND ADDRESS:

For Headquarters components of the
Department of Homeland Security, the
System Manager is the Director of
Departmental Disclosure, Department of
Homeland Security, Washington, DC
20528. For components of the
Department of Homeland Security, the
System Manager can be found at
http://www.dhs.gov/foia under
‘‘contacts.’’

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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 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, Department of
Homeland Security, 245 Murray Drive,
SW., Building 410, STOP–0550,
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

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17:01 Nov 24, 2008

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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 Director, Disclosure and FOIA,
http://www.dhs.gov or 1–866–431–0486.
In addition you should provide the
following:
• An explanation of why you believe
the Department would have information
on you,
• Identify which component(s) of the
Department you believe may have the
information about you,
• Specify when you believe the
records would have been created,
• Provide any other information that
will help the FOIA staff determine
which DHS component agency may
have responsive records,
• 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) will 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:

See ‘‘Notification procedure’’ above.
CONTESTING RECORD PROCEDURES:

See ‘‘Notification procedure’’ above.
RECORD SOURCE CATEGORIES:

Information contained in this system
is obtained from affected individuals/
organizations, public source data, other
government agencies and/or information
already in other DHS records systems.
EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.
Dated: November 18, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of
Homeland Security.
[FR Doc. E8–28053 Filed 11–24–08; 8:45 am]
BILLING CODE 4410–10–P

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary
[Docket No. DHS–2008–0005]

Privacy Act of 1974; Department of
Homeland Security Accident Records
System of Records
Privacy Office, DHS.
Notice of Privacy Act system of

AGENCY:
ACTION:

records.

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SUMMARY: In accordance with the
Privacy Act of 1974 and as part of the
Department of Homeland Security’s
ongoing effort to review and update
legacy system of record notices, the
Department of Homeland Security is
giving notice that it proposes to
consolidate two legacy record systems:
Treasury/CS.002-Accident Reports
(October 18, 2001), Treasury/CS.151Motor Vehicle Accident Reports
(October 18, 2001), and is no longer
depending upon the DOE–38,
Occupational and Industrial Accident
Records (June 28, 1995) system of
records. The Department of Homeland
Security is issuing a Department-wide
system of records to cover accident
records. This system will allow the
Department of Homeland Security to
collect and maintain records that
concern individuals, both Department
employees and non-employees, who
have been injured on Department
property, or while performing their
official duties. Categories of individuals,
categories of records, routine uses and
exemptions of these legacy system of
records notices have been consolidated
and updated to better reflect the
Department’s accident record systems.
Additionally, a Notice of Proposed
Rulemaking will be published
elsewhere in the Federal Register
concurrent with this System of Records.
This consolidated system, titled
Accident Records, will be included in
the Department of Homeland Security’s
inventory of record systems.
DATES: Submit comments on or before
December 26, 2008. This new system
will be effective December 26, 2008.
ADDRESSES: You may submit comments,
identified by docket number DHS–
2008–0005 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, Privacy Office, Department of
Homeland Security, Washington, DC
20528.
• Instructions: All submissions
received must include the agency name
and docket number for this rulemaking.
All comments received will be posted
without change and may be read at
http://www.regulations.gov, including
any personal information provided.
• 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 privacy issues
please contact: Hugo Teufel III (703–

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