Federal Register, Volume 75, Number 219, November 15, 2010, Pages 69571-69850 Page: 69,605
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Federal Register/Vol. 75, No. 219/Monday, November 15, 2010/Proposed Rules
0780), Chief Privacy Officer, Privacy
Office, Department of Homeland
Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
Background: In accordance with the
Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security
(DHS) Office of Operations Coordination
and Planning (OPS), including the
National Operations Center (NOC),
proposes to establish a new DHS system
of records titled, "DHS/OPS-003
Operations Collection, Planning,
Coordination, Reporting, Analysis, and
Fusion System of Records."
This system of records will allow
DHS/OPS, including the NOC, to
collect, plan, coordinate, report,
analyze, and fuse information related to
all-threats and all-hazards, law
enforcement activities, intelligence
activities, man-made disasters and acts
of terrorism, natural disasters, and other
information collected or received from
Federal, State, local, tribal, and
territorial agencies and organizations;
foreign governments and international
organizations; domestic security and
emergency management officials; and
private sector entities or individuals
into the Department.
OPS serves as a joint operations
coordination and planning capability at
the strategic level to support internal
DHS operational decision making, DHS
leadership, and participation in
interagency operations. OPS integrates
DHS and interagency planning and
operations coordination in order to
prevent, protect, and respond to and
recover from all-threats and all-hazards,
man-made disasters and acts of
terrorism, and natural disasters.
The NOC serves as the nation's
homeland security center for
information sharing and domestic
incident management, dramatically
increasing coordination between
federal, state, local, tribal, and territorial
agencies and organizations; foreign
governments and international
organizations; domestic security and
emergency management officials; and
private sector entities or individuals.
The NOC collects and fuses information
from a variety of sources everyday to
help deter, detect, and prevent terrorist
acts as well as to prepare for, respond
to, and recover from all-threats and all-
hazards, man-made disasters and acts of
terrorism, and natural disasters.
Operating 24 hours a day, seven days a
week, 365 days a year, the NOC
provides real-time situational awareness
and monitoring of the homeland,
coordinates incident and response
activities, and, in conjunction withadvisories and bulletins concerning
threats to homeland security, including
natural disasters, as well as specific
protective measures. Information on
domestic incident management is
shared with state Fusion Centers and
Emergency Operations Centers (EOC) at
all levels through Watch Officer Desks
located in the NOC.
The purpose of this system is to:
1. Collect, plan, coordinate, and
analyze all-threats and all-hazards, law
enforcement activities, intelligence
activities, man-made disasters and acts
of terrorism, natural disasters, and other
information collected or received from
Federal, State, local, tribal, and
territorial agencies and organizations;
foreign governments and international
organizations; domestic security and
emergency management officials; and
private sector entities or individuals;
and
2. Report, integrate, and fuse such
information throughout DHS in order to
share information, increase
coordination, identify and assess the
nature and scope of information and
understand risks in light of potential or
actual vulnerabilities to the homeland;
and help deter, detect, and prevent
terrorist acts as well as to prepare for,
respond to, and recover from all-threats
and all-hazards, man-made disasters
and acts of terrorism, and natural
disasters.
DHS is authorized to implement this
program primarily through 5 U.S.C. 301,
552, 552a; 44 U.S.C. 3101; 6 U.S.C. 121;
201 and 514 of the Homeland
Security Act of 2002, as amended; 520
of the Post Katrina Emergency
Management Reform Act; 44 U.S.C.
3101; Executive Order (E.O.) 12958; E.O.
9397; E.O. 12333; E.O. 13356; E.O.
13388; and Homeland Security
Presidential Directive 5. This system has
an effect on individual privacy that is
balanced by the need to collect, plan,
coordinate, report, analyze, and fuse
homeland security information coming
into and going out of OPS, including the
NOC. Routine uses contained in this
notice include sharing with the
Department of Justice (DOJ) for legal
advice and representation; to a
congressional office at the request of an
individual; to the National Archives and
Records Administration (NARA) for
records management; to contractors in
support of their contract assignment to
DHS; to appropriate Federal, State,
tribal, local, international, foreign
agency, or other appropriate entity
including the privacy sector in their role
aiding OPS in their mission; to agencies,
organizations or individuals for the
purpose of audit; to agencies, entities, orother DHS components, issues
compromise or breach; to an agency,
organization, or individual when there
could potentially be a risk of harm to an
individual; and to the news media in
the interest of the public. A review of
this system is being conducted to
determine if the system of records
collects information under the
Paperwork Reduction Act (PRA).
Consistent with DHS's information
sharing mission, information contained
in the DHS/OPS-003 Collection,
Planning, Coordination, Reporting,
Analysis, and Fusion System of Records
may be shared with other DHS
components, as well as appropriate
Federal, State, local, tribal, territorial,
foreign, or international government
agencies. This sharing will only take
place after DHS determines that the
receiving component or agency has a
verifiable need to know the information
to carry out national security, law
enforcement, immigration, intelligence,
or other functions consistent with the
routine uses set forth in this system of
records notice.
The information within this system
that meets the functional standard of the
National Suspicious Activity Reporting
Initiative will be placed into the DHS/
ALL-031 Information Sharing
Environment Suspicious Activity
Reporting Initiative (September 10,
2010, 75 FR 55335).
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 identifying
particular assigned to the individual.
Individuals may request 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 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 recordkeeping 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.
The Privacy Act allows Governmentagencies to exempt certain records from
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persons during a security or information
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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/m1/43/: accessed April 17, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.