[Federal Register Volume 80, Number 101 (Wednesday, May 27, 2015)]
[Notices]
[Pages 30259-30262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12692]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2015-0025]
Privacy Act of 1974; Department of Homeland Security Office of
Operations Coordination and Planning-004 Publicly Available Social
Media Monitoring and Situational Awareness Initiative System of Records
AGENCY: Privacy Office, Department of Homeland Security.
ACTION: Notice of an updated Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Homeland Security proposes to update and reissue a current Department
of Homeland Security system of records titled, ``Department of Homeland
Security/Office of Operations Coordination and Planning-004 Publicly
Available Social Media Monitoring and Situational Awareness Initiative
System of Records.'' The Office of Operations Coordination and Planning
National Operations Center created the Publicly Available Social Media
Monitoring and Situational Awareness Initiative to assist the
Department of Homeland Security (DHS) and its Components involved in
fulfilling DHS's statutory responsibility to provide situational
awareness. As a result of a biennial review of this system, the
Department of Homeland Security/Office of Operations Coordination and
Planning is updating this system of records notice to (1) clarify the
information that may be collected about anchors, newscasters, or other
on-scene reporters; (2) permit the collection of information about
current and former public officials who are potential victims of
incidents or activities related to Homeland Security; (3) clarify the
system classification level; and (4) clarify the record source
categories. This updated system will continue to be included in the
Department of Homeland Security's inventory of record systems.
DATES: Submit comments on or before June 26, 2015. This updated system
will be effective June 26, 2015.
ADDRESSES: You may submit comments, identified by docket number DHS-
2015-0025 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: (202) 343-4010.
Mail: Karen L. Neuman, 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, please visit http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions, please contact:
Michael Page, (202) 357-7626, Privacy Point of Contact, Office of
Operations Coordination and Planning, Department of Homeland Security,
Washington, DC 20528. For privacy questions, please contact: Karen L.
Neuman, (202) 343-1717, 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) Office of Operations Coordination
and Planning (OPS) proposes to update and reissue a current DHS system
of records titled, ``DHS/OPS-004 Publicly Available Social Media
Monitoring and Situational Awareness Initiative System of Records.''
The DHS/OPS-004 Publicly Available Social Media Monitoring and
Situational Awareness Initiative System of Records allows the DHS/OPS
National Operations Center (NOC) to fulfill its mandate to provide
situational awareness and a common operating picture for the entire
Federal Government, and for state, local, and tribal governments as
appropriate, and to ensure that critical terrorism and disaster-related
information reaches government decision-makers. 6 U.S.C. 321d(b). As a
result of a biennial review of this system, DHS is updating this SORN
to (1) clarify that the fifth category of individuals may include any
of the categories of records for anchors, newscasters, or on-scene
reporters; (2) expand the sixth category of individuals to include
current and former public officials who are potential victims of
incidents or activities related to Homeland Security; (3) limit the
system classification to Unclassified and For Official Use Only; and
(4) update the record source categories to clarify that all records
within this system are collected from publicly available social media
Web sites.
As described in the DHS/OPS/PIA-004 Publicly Available Social Media
Monitoring and Situational Awareness Initiative Privacy Impact
Assessment and associated updates (which are available on the DHS
Privacy Office Web site at http://www.dhs.gov/privacy), the NOC
monitors publicly available online forums, blogs, public Web sites, and
message boards. Through the use of publicly available search engines
and content aggregators, the NOC monitors activities on social media
for information it can use to provide situational awareness and
establish a common operating picture. The NOC gathers, stores,
analyzes, and disseminates relevant and appropriate de-identified
information to federal, state, local, and foreign governments, and
private sector partners authorized to receive situational awareness and
a common operating picture. Under this initiative, OPS generally does
not: (1) Actively seek personally identifiable information (PII); (2)
post any information; (3) actively seek to connect with other internal/
external personal users; (4) accept other internal/external personal
users' invitations to connect; or (5) interact on social media sites.
However, OPS is permitted to establish user names and passwords to form
profiles and follow relevant government, media, and subject matter
experts on social media sites in order to use search tools under
established criteria and search terms for monitoring that supports
providing situational awareness and establishing a common operating
picture. Furthermore, PII on the following categories of individuals
may be collected when it lends
[[Page 30260]]
credibility to the report or facilitates coordination with federal,
state, local, tribal, territorial, foreign, or international government
partners: (1) U.S. and foreign individuals in extremis situations
involving potential life or death circumstances; (2) Senior U.S. and
foreign government officials who make public statements or provide
public updates; (3) U.S. and foreign government spokespersons who make
public statements or provide public updates; (4) U.S. and foreign
private sector officials and spokespersons who make public statements
or provide public updates; (5) Anchors, newscasters, or on-scene
reporters who are known or identified as reporters in their post or
article or who use traditional or social media in real time to keep
their audience situationally aware and informed; (6) public officials,
current and former, who are victims or potential victims of incidents
or activities related to Homeland Security and; (7) known terrorists,
drug cartel leaders, or other persons known to have been involved in
major crimes or terror of Homeland Security interest who are killed or
found dead.
The NOC will identify and monitor only information needed to
provide situational awareness and establish a common operating picture.
The NOC will use this information to fulfill the statutory mandate set
forth in 6 U.S.C. 321d(b) to include the sharing of information with
foreign governments and the private sector as otherwise authorized by
law.
DHS is authorized to implement this program primarily through 6
U.S.C. 121; 44 U.S.C. 3101; Executive Order (E.O.) 13388; 6 U.S.C.
321d; and Homeland Security Presidential Directive 5. 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 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, or persons
during a security or information compromise or breach; or to an agency,
organization, or individual when there could potentially be a risk of
harm to an individual. This system of records is not subject to the
Paperwork Reduction Act because DHS is not requesting specific
information from the public.
Consistent with DHS's information sharing mission, information
contained in the DHS/OPS-004 Publicly Available Social Media Monitoring
and Situational Awareness Initiative 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 take place only after DHS determines that
the receiving DHS 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.
This updated system will be included in DHS's inventory of record
systems.
II. Privacy Act
The Privacy Act embodies fair information practice principles in a
statutory framework governing the means by which federal government
agencies collect, maintain, use, and disseminate 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 from which information is retrieved by the
name of an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. The Privacy Act
defines ``individual'' as a U.S. citizen or a lawful permanent
resident. As a matter of policy, DHS extends administrative Privacy Act
protections to all individuals when systems of records maintain
information on U.S. citizens, lawful permanent residents, and visitors.
Below is the description of the DHS/OPS-004 Publicly Available
Social Media Monitoring and Situational Awareness Initiative System of
Records.
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)/Office of Operations
Coordination and Planning (OPS)-004.
System name:
DHS/OPS-004.
Security classification:
Unclassified, For Official Use Only.
System location:
Records are maintained at the Department of Homeland Security (DHS)
Office of Operations Coordination and Planning (OPS) National
Operations Center (NOC) Headquarters in Washington, DC and field
locations.
Categories of individuals covered by the system:
Categories of individuals covered by the system may include:
U.S. and foreign individuals in extremis situations
involving potential life or death circumstances;
Senior U.S. and foreign government officials who make
public statements or provide public updates;
U.S. and foreign government spokespersons who make public
statements or provide public updates;
U.S. and foreign private sector officials and
spokespersons who make public statements or provide public updates;
Anchors, newscasters, or on-scene reporters who are known
or identified as reporters in their post or article or who use
traditional or social media in real time to keep their audience
situationally aware and informed;
Current and former public officials who are victims or
potential victims of incidents or activities related to Homeland
Security; and
Known terrorists, drug cartel leaders, or other persons
known to have been involved in major crimes or terror of Homeland
Security interest (e.g., mass shooters such as those at Navy Yard or
Los Angeles airport), who are killed or found dead.
Categories of records in the system:
Categories of records in the system may include:
Full name;
Affiliation;
Position or title; and
Publicly available user ID.
Authority for maintenance of the system:
6 U.S.C. 121; 44 U.S.C. 3101; Executive Order (E.O.) 13388; Office
of Operations Coordination and Planning Delegation 0104; and Homeland
Security Presidential Directive 5.
Purpose(s):
The purpose of this system is to fulfill the DHS Office of
Operations and Coordination's (OPS) statutory responsibility to provide
situational awareness and establish a common operating picture for the
entire Federal Government, and for state, local, and tribal governments
as appropriate, and to ensure that critical disaster-related
information reaches government decision makers. DHS/OPS NOC may share
information with private sector and international partners when
necessary, appropriate, and authorized by law.
[[Page 30261]]
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) as follows:
A. To the Department of Justice (DOJ), including Offices of the
U.S. Attorneys, or other federal agencies conducting litigation or in
proceedings before any court, adjudicative, or administrative body,
when it is relevant or necessary to the litigation or proceedings and
one of the following is a party to the litigation or proceedings or has
an interest in such litigation or proceedings:
1. DHS or any Component thereof;
2. Any employee or former employee of DHS in his/her official
capacity;
3. Any employee or former employee of DHS in his/her individual
capacity when DOJ or DHS has agreed to represent the employee; or
4. The U.S. or any agency thereof.
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 (NARA) or
General Services Administration pursuant to records management
inspections being conducted under the authority of 44 U.S.C. 2904 and
2906.
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 identity theft or fraud, harm
to economic or property interests, harm to an individual, or harm to
the security or integrity of this system or other systems or programs
(whether maintained by DHS or another agency or entity) 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 appropriate federal, state, local, tribal, or foreign
governmental agencies or multilateral governmental organizations 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.
H. To the entire federal government, to state, local, and tribal
governments, and to appropriate private sector individuals within the
Critical Infrastructure Key Resources Community to provide situational
awareness and establish a common operating picture and to ensure that
critical disaster-related information reaches government decision
makers when PII lends credibility to the report or facilitates
coordination with interagency or international partners.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
DHS/OPS stores records in this system electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
may be stored on magnetic disc, tape, and digital media.
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 may be captured. Most
information is stored as free text and any word, phrase, or number is
searchable.
Safeguards:
DHS/OPS safeguards records in this system according to applicable
rules and policies, including all applicable DHS automated systems
security and access policies. OPS has imposed strict controls 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:
In accordance with NARA records schedule #N1-563-08-23, OPS
maintains records for 5 years.
System Manager and address:
Director, Office of Operations Coordination and Planning, National
Operations Center, U.S. Department of Homeland Security, Washington, DC
20528.
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 Chief Privacy Officer or OPS
Freedom of Information Act Officer (FOIA), whose contact information
can be found at http://www.dhs.gov/foia under ``FOIA Contact
Information.'' 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 FOIA Officer,
Department of Homeland Security, 245 Murray Drive SW., Building 410,
STOP-0655, 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 DHS Privacy Act regulations set forth in 6 CFR part 5, subpart
B. 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 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/foia or (866) 431-0486. In addition, you
should:
[[Page 30262]]
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; and
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 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:
Information contained in this system is obtained from publicly
available social media Web sites.
Exemptions claimed for the system:
None.
Dated: May 13, 2015.
Karen L. Neuman,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. 2015-12692 Filed 5-26-15; 8:45 am]
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