Federal Register - December 8, 2021
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Fuente: Federal Register
69668
Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
An SEVP program-wide, medianeutral records retention schedule is currently under development. ICE is proposing a 75-year retention schedule for program-specific records maintained by SEVP to facilitate program operations and carry out the mission objectives of the Agency. ICE will maintain these records permanently, until an Agency retention schedule is submitted to the National Archives and Records Administration NARA and approved by the Archivist of the Unites States. All other federal Agency records will be maintained in accordance with the appropriate general records schedule GRS. For example, ICE will follow the appropriate retention periods outlined in the NARA-approved GRS for administrative records e.g., audit information, system login, inquiries, reporting. The NARA-approved GRS
can be found at https
www.archives.gov/records-mgmt/grs.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
DHS/ICE safeguards records in this system according to applicable rules and policies, including all applicable DHS automated systems security and access policies. DHS/ICE 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 who have a need to know the information for the performance of their official duties and who have appropriate clearances or permissions.
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RECORD ACCESS PROCEDURES:
The Secretary of Homeland Security has exempted this system of records from the notification, access, and amendment procedures of the Privacy Act, and the JRA if applicable, because it is a law enforcement system of records. However, DHS/ICE will consider individual requests to determine whether information may be released. Thus, individuals seeking access to and notification of any record contained in this system of records, or seeking to contest its content, may submit a request in writing to the ICE
Privacy Officer and ICE Freedom of Information Act FOIA Officer, whose contact information can be found at https www.dhs.gov/foia under Contact Information. If an individual believes more than one component maintains his or her Privacy Act records, the individual may submit the request to the Chief Privacy Officer and Chief Freedom of Information Act
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Officer, U.S. Department of Homeland Security, Washington, DC 205280655.
Even if neither the Privacy Act nor the JRA provides a right of access, certain records about an individual may be available under the FOIA.
When an individual is seeking his or her records about from this system of records or any other departmental system of records, the individuals request must conform with the Privacy Act regulations set forth in 6 CFR part 5. The individual must first verify his or her identity, meaning that the individual must provide full name, current address, and date and place of birth. The individual must sign the request, and the 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. Although no specific form is required, an individual may obtain forms for this purpose from the Chief Privacy Officer and Chief Freedom of Information Act Officer, https www.dhs.gov/foia, or call 866
4310486. In addition, you should do the following:
Explain why he or she believes the Department would have information being requested;
Identify which components of the Department he or she believe may have the information;
Specify when the individual believes 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 an individuals request is seeking records pertaining to another living individual, the first individual must include a statement from the second individual certifying that individuals agreement for the first individual to access his/her records.
Without the above information, the components may not be able to conduct an effective search, and the individuals request may be denied due to lack of specificity or lack of compliance with applicable regulations.
CONTESTING RECORD PROCEDURES:
For records covered by the Privacy Act or covered JRA records, individuals may make a request for amendment or correction of a record by writing directly to the Department component that maintains the record, unless the record is not subject to amendment or correction. The request should identify each record in question, state the amendment or correction desired, and state why the individual believes that the record is not accurate, relevant,
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timely, or complete. The individual may submit any documentation that would be helpful. If the individual believes that the same record is in more than one system of records, the request should state that and be addressed to each component that maintains a system of records containing the record.
To correct an ICE record, individuals may submit a Privacy Act amendment request by completing DHS Form 500
05 Certification of Identity, which can be found at https www.ice.gov/privacy.
The signed form and a detailed request should be sent to the ICE Office of Information Governance and Privacy at ICEPrivacy@ice.dhs.gov, or to the following address: U.S. Immigration and Customs Enforcement, ICE Information Governance and Privacy, ATTN: Privacy Office, 500 12th Street SW, Stop 5004, Washington, DC 205365004.
NOTIFICATION PROCEDURES:
See the Record Access Procedures section.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
The Secretary of Homeland Security, pursuant to 5 U.S.C. 552aj2, has exempted this system from the following provisions of the Privacy Act:
5 U.S.C. secs. 552ac3, c4; d;
e1, e2, e3, e4G, e4H, e4I, e5, e8; f; and g1.
Additionally, the Secretary of Homeland Security, pursuant to 5 U.S.C. 552a k1 and k2, has exempted this system from the following provisions of the Privacy Act, 5 U.S.C. secs.
552ac3; d; e1, e4G, e4H, e4I; and f.
When this system receives a record from another system exempted in that source system under 5 U.S.C. 552aj2, DHS will claim the same exemptions for those records that are claimed for the original primary system of records from which they originated and claims any additional exemptions set forth here.
HISTORY:
75 FR 412 Jan. 5, 2010; 73 FR 63057
Oct. 23, 2008.
Lynn Parker Dupree, Chief Privacy Officer, U.S. Department of Homeland Security.
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