Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850 Page: 69,696
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Federal Register/Vol. 75, No. 219/Monday, November 15, 2010/Notices
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
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.
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 anagency 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 appropriate Federal, State,
local, tribal, or foreign governmental
agencies or multilateral governmental
organizations or critical infrastructure
partners for the purpose of protecting
the vital interests of a data subject or
other persons, including to assist such
agencies or organizations in preventing
exposure to or transmission of a
communicable or quarantinable disease
or to combat other significant public
health threats; appropriate notice will
be provided of any identified health
threat or risk.
I. To a Federal, State, tribal, local or
foreign government agency or
organization, or international
organization, lawfully engaged in
collecting law enforcement intelligence
information, 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.
J. To Federal and foreign government
intelligence or counterterrorism
agencies or state, local, tribal or
territorial components, and critical
infrastructure partners where DHS
becomes aware of an indication of a
threat or potential threat to national or
international security.
K. To Federal and foreign government
intelligence or counterterrorism
agencies or state, local, tribal or
territorial components, and critical
infrastructure partners where the
information is or may be terrorism-
related information and such use is to
assist in anti-terrorism efforts.
L. To an organization or individual in
either the public or private sector,
where there is a reason to believe that
the recipient is or could become thetarget of a particular terrorist activity or
conspiracy, to the extent the
information is relevant to the protection
of life or property.
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'
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:
Much of the data within this system
does not pertain to an individual; rather,
the information pertains to locations,
geographic areas, facilities, and other
things or objects not related to
individuals. However, some personal
information is captured. Personal data
may be retrieved by name, Social
Security number and other identifiers
listed under the Categories of Records
Section.
SAFEGUARDS:
Records in this system are
safeguarded in accordance with
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:
The NICC is working with the NPPD
and DHS Records Officer to develop aNARA approved retention schedule.
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United States. Office of the Federal Register. Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850, periodical, November 15, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52800/m1/134/: accessed April 19, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.