DHS Proposes Updating Recordkeeping System On People Who Enter U.S. Through Visa Waiver Program

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[Federal Register Volume 77, Number 146 (Monday, July 30, 2012)]
[Notices]
[Pages 44642-44647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-18552]

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DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

[Docket No. DHS-2012-0045]

Privacy Act of 1974; Department of Homeland Security U.S. Customs
and Border Protection-DHS/CBP-009 Electronic System for Travel
Authorization (ESTA) System of Records

AGENCY: Privacy Office, Department of Homeland Security.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security (DHS) proposes to update and reissue a current DHS
system of records titled, ``Department of Homeland Security/U.S.
Customs and Border Protection-DHS/CBP-009 Electronic System for Travel
Authorization (ESTA) System of Records.'' This system collects and
maintains a record of nonimmigrant aliens seeking to travel to the
United States under the Visa Waiver Program. The system is used to
determine whether the applicant is eligible to travel to the United
States under the Visa Waiver Program by vetting the application
information against selected security and law enforcement databases
using U.S. Customs and Border Protection (CBP) TECS and the Automated
Targeting System (ATS). In addition, ATS retains a copy of ESTA
application data to identify potential high-risk ESTA applicants. DHS/
CBP is updating this system of records notice to clarify the categories
of individuals and remove unnecessary language, add the Internet
Protocol address associated with the submitted ESTA application as a
category of records, provide more specific legal authorities, clarify
the purposes to include the identification of high-risk applicants,
include an additional routine use for judicial proceedings and update
and clarify other routine uses, clarify the retention of records in
ESTA and the Nonimmigrant Information System (DHS/CBP-016--Nonimmigrant
Information System December 19, 2008 73 FR 77739), update the
notification procedures to explain the extension of access procedures
to international travelers, allow limited direct access and amendment
of ESTA application data, and add the CPB access request address;
eliminate unnecessary language from the record source categories, and
clarify which exemptions will be used for which provisions of the
Privacy Act.

The Department of Homeland Security issued a Final Rule to exempt this
system of records from certain provisions of the Privacy Act on August
31, 2009 (74 Fed. Reg. 45069). These regulations remain in effect. This
updated system will be included in the DHS inventory of record systems.

DATES: Submit comments on or before August 29, 2012. This revised
system will be effective August 29, 2012.

ADDRESSES: You may submit comments, identified by docket number DHS-
2012-0045 by one of the following methods:
    Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
    Fax: 703-483-2999.
    Mail: Mary Ellen Callahan, 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 to http://www.regulations.gov, including any
personal information provided.
    Docket: For access to the docket to read background documents or
comments received, visit http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Laurence E. Castelli (202) 325-0280, CBP Privacy Officer, Office of
International Trade, U.S. Customs and Border Protection, Mint Annex,
799 Ninth Street NW., Washington, DC 20229. For privacy issues please
contact: Mary Ellen Callahan (703) 235-0780, Chief Privacy Officer,
Privacy Office, Department of Homeland Security, Washington, DC 20528.

SUPPLEMENTARY INFORMATION:

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Department of Homeland Security (DHS), U.S. Customs and Border
Protection (CBP) proposes to update and reissue an existing DHS system
of records titled, ``DHS/CBP-009 Electronic System for Travel
Authorization (ESTA) System of Records.''
    ESTA is a web-based system that DHS/CBP developed in 2008 to
determine the eligibility of aliens to travel under the Visa Waiver
Program (VWP) to the United States by air or sea. The authority to
collect information required in an ESTA application may be found in
Section 217(h)(3) of the Immigration and Nationality Act (INA), 8
U.S.C. 1187(h)(3). An eligibility determination under ESTA is made
prior to a visitor boarding a carrier en route to the United States,
and is accomplished by vetting the information against selected
security and law enforcement databases using CBP TECS and the Automated
Targeting System (ATS) to determine whether such travel poses a law
enforcement or security risk. In addition, ATS retains a copy of ESTA
application data to identify potential high-risk ESTA applicants. DHS/
CBP previously issued an updated SORN for ESTA on November 2, 2011 (76
FR 67751).
    In order to determine whether the applicant is eligible to travel
to the United States under the VWP, an applicant provides biographic
and other requested information, as well as payment information, using
the online application process available at https://esta.cbp.dhs.gov.
CBP vets applicant information against various security and law
enforcement databases. Payment information is sent to the Department of
the Treasury's Pay.gov, and CBP a payment status and tracking number in
return. CBP is updating the category of records in this system of
records to now include the Internet Protocol address (IP address)
associated with the submitted ESTA application. As of the effective
date of this updated SORN, the IP address will be used as part of the
DHS/CBP vetting process. A copy of the application data, including the
IP address, will be sent to the ATS in order to identify possible high
risk applicants as part of the vetting process.
    DHS/CBP is updating this system of records notice to clarify the
categories of individuals and remove unnecessary language. DHS/CBP is
updating the categories of records for this system of records notice to
permit the collection and use of the IP address associated with an ESTA
application. DHS/CBP is also providing more specific legal authorities
to collect ESTA information, and clarifying the purposes to include the
identification of high-risk applicants.
    The routine uses are being updated to add general language ensuring
that ``[a]ny disclosure of information must be made consistent with the
official duties of the person making the disclosure.'' Routine uses A,
D, E, and J are being reworded to provide greater clarity and make non-
substantive grammatical changes. Routine use C is being updated to
change ``other federal government agencies'' to ``General Services
Administration'' to better reflect the statutory authorities and the
fact that records will be shared with the National Archives and Records
Administration (NARA) where NARA maintains the records as permanent
records. Routine uses G, K, and M are being reworded to provide greater
clarity and remove the now superfluous condition that the ``disclosure
is appropriate to the proper performance of the official duties of the
person making the disclosure.'' Finally, a new routine use P is being
inserted to permit DHS to share this information with a court,
magistrate, or administrative tribunal in the course of presenting
evidence, including disclosures to opposing counsel or witnesses in the
course of civil discovery, litigation, or settlement negotiations, in
response to a subpoena, or in connection with criminal law proceedings.
    DHS/CBP is also updating this SORN by clarifying the retention of
records in ESTA and the Non-Immigrant Information System (NIIS) into
which ESTA data may be incorporated based on actual travel to the
United States; updating and clarifying the notification procedures to
explain the extension of access procedures to international travelers,
allow limited direct access and amendment of ESTA application data, and
add the CPB access request address; eliminating unnecessary language
from the record source categories describing the use of payment
information between ESTA, Pay.gov, and the CBP Credit and Debit Card
Data System for payment reconciliation purposes; and clarifying that
the Department is exempting the system from sections (c)(3), (e)(8),
and (g) of the Privacy Act pursuant to 5 U.S.C. 552a(j)(2), and is
exempting the system from (c)(3) of the Privacy Act pursuant to 5
U.S.C. 552a(k)(2).
    DHS previously published a Final Rule exempting this system of
records from certain provisions of the Privacy Act. 74 FR 45069 (Aug.
31, 2009). That Final Rule remains in effect and applicable to this
updated system.
    The purpose of this system of records is to determine the
eligibility of aliens to travel under the VWP to the United States by
air or sea. DHS/CBP has authority to operate this system under Title IV
of the Homeland Security Act of 2002, 6 U.S.C. 201, et. seq., and
Section 217(h)(3) of the Immigration and Nationality Act, 8 U.S.C.
1187(h)(3).
    Consistent with DHS' information sharing mission, information
stored in ESTA 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 recipient has a need to know the
information to carry out functions consistent with the exceptions under

the Privacy Act of 1974, 5 U.S.C. 552a(b), and the routine uses set
forth in this system of records notice.

II. Privacy Act

    The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which the federal 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. This system only
collects information pertaining to persons in nonimmigrant status, that
is, persons who are not covered by the protections of the Privacy Act
at the time they provide their information. However, given the
importance of providing privacy protections to international travelers,
DHS has decided to administratively apply the privacy protections and
safeguards outlined in this notice to all international travelers
subject to ESTA.
    This newly-updated system will be included in the Department of
Homeland Security's inventory of record systems.
    In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
System of Records
    Department of Homeland Security (DHS)/U.S. Customs and Border
Protection (CBP)--009

System name:
    DHS/CBP-009 Electronic System for Travel Authorization (ESTA)

Security classification:
    Unclassified. The data may be retained on the classified networks
but this does not change the nature and character of the data until it
is combined with classified information.

System location:
    Records are maintained in the operational system at CBP
Headquarters in Washington, DC and at CBP field offices. Records are
replicated from the operational system and maintained on the DHS
unclassified and classified networks.

Categories of individuals covered by the system:
    Categories of individuals covered by this system include foreign
nationals who seek to enter the United States by air or sea under the
VWP.

Categories of records in the system:
    Full Name (First, Middle, and Last);
    Date of birth;
    Gender;
    Email address;
    Phone number;
    Travel document type (e.g., passport), number, issuance
date, expiration date and issuing country;
    Country of Citizenship;
    IP address;
    ESTA application number;
    Department of Treasury Pay.gov Payment Tracking Number
(i.e., confirmation of payment; absence of payment confirmation will
result in a ``not cleared'' determination);
    Country of Birth;
    Date of Anticipated Crossing;
    Airline and Flight Number;
    City of Embarkation;
    Address while visiting the United States (Number, Street,
City, State);
    Whether the individual has a communicable disease,
physical or mental disorder, or is a drug abuser or addict;
    Whether the individual has been arrested or convicted for
a moral turpitude crime, drug possession or use, or has been sentenced
for a period longer than five years;
    Whether the individual has engaged in espionage, sabotage,
terrorism or Nazi activity between 1933 and 1945;
    Whether the individual is seeking work in the U.S.;
    Whether the individual has been excluded or deported, or
attempted to obtain a visa or enter U.S. by fraud or misrepresentation;
    Whether the individual has ever detained, retained, or
withheld custody of a child from a U.S. citizen granted custody of the
child;
    Whether the individual has ever been denied a U.S. visa or
entry into the U.S., or had a visa cancelled, and, if so, the location
and date of that denial or cancellation;
    Whether the individual has ever asserted immunity from
prosecution;
    Any change of address while in the U.S.

Authority for maintenance of the system:
    Title IV of the Homeland Security Act of 2002, 6 U.S.C. 201 et
seq.; the INA, as amended, including 8 U.S.C. 1187(a)(11) and (h)(3),
and implementing regulations contained in Part 217, title 8, Code of
Federal Regulations; and the Travel Promotion Act of 2009, Public Law
111-145, 22 U.S.C. 2131.

Purpose(s):
    The purpose of this system is to collect and maintain a record of
nonimmigrant aliens who want to travel to the United States under the
VWP, and to determine whether applicants are eligible to travel to the
United States under the VWP by vetting their information against
various security and law enforcement databases and identifying high-
risk applicants. This vetting includes consideration of IP address,
along with the other application data.
    The Department of Treasury Pay.gov tracking number (associated with
the payment information provided to Pay.gov and stored in the Credit/
Debit Card Data System, DHS/CBP-003--Credit/Debit Card Data System
(CDCDS), 76 Fed. Reg. 67755 (November 2, 2011)) will be used to process
ESTA and third party administrator fees and to reconcile issues
regarding payment between ESTA, CDCDS, and Pay.gov. Payment information
will not be used for vetting purposes and is stored in a separate
system (CDCDS) from the ESTA application data.
    DHS maintains a replica of some or all of the data in the operating
system on the unclassified and classified DHS networks to allow for
analysis and vetting consistent with the above stated purposes and this
published notice.

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 outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3). Any disclosure of
information must be made consistent with the official duties of the
person making the disclosure. The routine uses are as follows:
    A. To the Department of Justice (DOJ), including the United States
Attorney Offices, or other federal agency conducting litigation or in
proceedings before any court, adjudicative or administrative body, when
it is relevant or 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.
    B. To a congressional office from the record of an individual in
response to a written inquiry from that congressional office made
pursuant to a Privacy Act waiver from the individual to whom the record
pertains.
    C. To NARA or the General Services Administration pursuant to
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906 and for records that NARA maintains as
permanent records.
    D. To an agency or organization 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. DHS 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
individuals 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 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.
    H. To appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital health interests of a data subject
or other persons (e.g., 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 third parties during the course of a law enforcement
investigation to the extent necessary to obtain information pertinent
to the investigation;
    J. To a federal, state, tribal, local, international, or foreign
government agency or entity for the purpose of consulting with that
agency or entity: (1) To assist in making a determination regarding
redress for an individual in connection with the operations of a DHS
component or program; (2) for the purpose of verifying the identity of
an individual seeking redress in connection with the operations of a
DHS component or program; or (3) for the purpose of verifying the
accuracy of information submitted by an individual who has requested
such redress on behalf of another individual;
    K. To federal and foreign government intelligence or
counterterrorism agencies or components where DHS becomes aware of an
indication of a threat or potential threat to national or international
security to assist in countering such threat, or to assist in anti-
terrorism efforts;
    L. To the Department of State in the processing of petitions or
applications for benefits under the Immigration and Nationality Act,
and all other immigration and nationality laws including treaties and
reciprocal agreements;
    M. To an organization or individual in either the public or private
sector, either foreign or domestic, where there is a reason to believe
that the recipient is or could become the target of a particular
terrorist activity or conspiracy, to the extent the information is
relevant to the protection of life or property;
    N. To the carrier transporting an individual to the United States,
but only to the extent that CBP provides information that the ESTA
status is not applicable to the traveler, or, if applicable, that the
individual is authorized to travel, not authorized to travel, pending,
or has not applied.
    O. To the Department of Treasury's Pay.gov, for payment processing
and payment reconciliation purposes.
    P. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations, or in response to a subpoena, or in connection with
criminal law proceedings;
    Q. 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 in the operational
system as well as on the unclassified and classified network 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:
    These records may be retrieved by any of the data elements supplied
by the applicant. The Pay.gov payment tracking number may be used to
track the amount of payment associated with an ESTA application and to
reconcile payment discrepancies.

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 stored. Access to
the computer system containing the records 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:
    Application information submitted to ESTA generally expires and is
deemed ``inactive'' two years after the initial submission of
information by the applicant. In the event that a traveler's passport
remains valid for less than two years from the date of the ESTA
approval, the ESTA travel authorization will expire concurrently with
the passport. Information in ESTA will be retained for one year after
the ESTA travel authorization expires. After this period, the inactive
account information will be purged from online access and archived for
12 years. Data linked at any time during the 15-year retention period
(generally 3 years active, 12 years archived), to active law
enforcement lookout records, CBP matches to enforcement activities,
and/or investigations or cases, including ESTA applications that are
denied authorization to travel, will remain accessible for the life of
the law enforcement activities to which they may become related. NARA
guidelines for retention and archiving of data will apply to ESTA and
CBP continues to negotiate with NARA for approval of the ESTA data
retention and archiving plan. Records replicated on the unclassified
and classified networks will follow the same retention schedule.
    Payment information is not stored in ESTA, but is forwarded to
Pay.gov and stored in CBP's financial processing system, CDCDS,
pursuant to the DHS/CBP-018, CDCDS system of records notice.
    In those instances where a VWP traveler's ESTA data is used for
purposes of processing their application for admission to the United
States, the ESTA data will be used to create a corresponding admission
record in the DHS/CBP-016 Non-Immigrant Information System (NIIS). This
corresponding admission record will retained in accordance with the
NIIS retention schedule, which is 75 years.

System Manager and address:
    Director, Office of Automated Systems, U.S. Customs and Border
Protection Headquarters, 1300 Pennsylvania Avenue NW., Washington, DC
20229.

Notification procedure:
    This system only collects information pertaining to persons in
nonimmigrant status, that is, persons who are not covered by the
protections of the Privacy Act at the time they provide their
information. However, given the importance of providing privacy
protections to international travelers, DHS has decided to
administratively apply the privacy protections and safeguards outlined
in this notice to all international travelers subject to ESTA.
    Applicants may access their ESTA information to view and amend
their applications by providing their ESTA number, birth date, and
passport number. Once they have provided their ESTA number, birth date,
and passport number, applicants may view their ESTA status (authorized
to travel, not authorized to travel, pending) and submit limited
updates to their travel itinerary information. If an applicant does not
know his/her application number, he/she can provide his or her name,
passport number, date of birth, and passport issuing country to
retrieve his/her application number.
    In addition to using the ESTA system directly to access information
provided to DHS/CBP, individuals may submit requests and receive
information maintained in this system as it relates to data submitted
by or on behalf of a person who travels to the United States and
crosses the border, as well as the resulting determination (authorized
to travel, pending, or not authorized to travel). However, the
Secretary of Homeland Security has exempted portions of this system
from certain provisions of the Privacy Act related to providing the
accounting of disclosures to individuals, because it is a law
enforcement system. CBP will, however, consider individual requests to
determine whether or not information may be released. In processing
requests for access to information in this system, CBP will review not
only the records in the operational system but also the records that
were replicated on the unclassified and classified networks, and based
on this notice provide appropriate access to the information.
    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 Headquarters or component 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 and
Chief Freedom of Information Act Officer, Department of Homeland
Security, 245 Murray Drive SW., Building 410, STOP-0655, Washington, DC
20528. Requests under the Privacy Act and FOIA specifically for CBP
should be addressed to: U.S. Customs and Border Protection (CBP),
Freedom of Information Act (FOIA) Division, 1300 Pennsylvania Avenue
NW., Washington, DC 20229.
    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. Sec.  1746, a law that permits 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 Chief
Privacy Officer and Chief Freedom of Information Act Officer, http://www.dhs.gov or 1-866-431-0486. In addition, you should:
    Explain 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;
and
    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 the above information, the component(s) may 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:
    The system obtains information from the online ESTA application
submitted by the applicant. This information is processed by the
Automated Targeting System (ATS) to identify terrorists or threats to
aviation and border security, and TECS (for matches to persons
identified to be of law enforcement interest), and the vetting result
of ``authorized to travel,'' ``not authorized to travel,'' or
``pending'' is maintained in ESTA. ``Pending'' will be resolved to
``authorized to travel'' or ``not authorized to travel'' based on
further research by CBP. Pay.gov provides the Pay.gov tracking number
once payment

information has been forwarded to it and processed.

Exemptions claimed for the system:
    No exemption shall be asserted with respect to information
maintained in the system as it relates to data submitted by or on
behalf of a person who travels to visit the United States and crosses
the border, nor shall an exemption be asserted with respect to the
resulting determination (authorized to travel, pending, or not
authorized to travel). Information in the system may be shared with law
enforcement and/or intelligence agencies pursuant to the above routine
uses. The Privacy Act requires DHS to maintain an accounting of the
disclosures made pursuant to all routines uses. Disclosing the fact
that a law enforcement or intelligence agency has sought and been
provided particular records may affect ongoing law enforcement
activities. As such, pursuant to 5 U.S.C. 552a(j)(2), DHS will claim
exemption from Sections (c)(3), (e)(8), and (g) of the Privacy Act of
1974, as amended, as is necessary and appropriate to protect this
information. Further, DHS will claim exemption from Section (c)(3) of
the Privacy Act of 1974, as amended, pursuant to 5 U.S.C. 552a(k)(2) as
is necessary and appropriate to protect this information.

    Dated: July 18, 2012.
Mary Ellen Callahan,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2012-18552 Filed 7-27-12; 8:45 am]
BILLING CODE 9110-06-P

Agency: 
Immigration Law :