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Proposed Rules
Federal Register Vol. 86, No. 53
Monday, March 22, 2021

This section of the FEDERAL REGISTER
contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules.

DEPARTMENT OF HOMELAND
SECURITY
Office of the Secretary 6 CFR Part 5
Docket No. ICEB20200007

Privacy Act of 1974: Implementation of Exemptions; U.S. Department of Homeland Security/Immigration and Customs Enforcement018 Analytical Records System of Records U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:

The U.S. Department of Homeland Security DHS is giving concurrent notice of a newly established system of records pursuant to the Privacy Act of 1974 for the DHS/U.S.
Immigration and Customs Enforcement ICE018 Analytical Records System of Records and this proposed rulemaking.
In this proposed rulemaking, the Department proposes to exempt portions of the system of records from one or more provisions of the Privacy Act because of criminal, civil, and administrative enforcement requirements.

SUMMARY:

Comments must be received on or before April 21, 2021.
ADDRESSES: You may submit comments, identified by docket number ICEB
20200007, by one of the following methods:
Federal e-Rulemaking Portal: http
www.regulations.gov. Follow the instructions for submitting comments.
Fax: 2023434010.
Mail: James Holzer, Acting Chief Privacy Officer, Privacy Office, U.S.
Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the agency name and docket number for this notice. All comments received will be posted without change to http

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www.regulations.gov, including any personal information provided.
Docket: For access to the docket to read background documents or comments received, go to http
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact: Jordan Holz, ICEPrivacy-GeneralMailbox@
ice.dhs.gov, Privacy Officer, U.S.
Immigration and Customs Enforcement ICE, 500 12th Street SW, Mail Stop 5004, Washington, DC 20536. For privacy questions, please contact: James Holzer, Privacy@hq.dhs.gov, 202 343
1717, Acting Chief Privacy Officer, Privacy Office, U.S. Department of Homeland Security, Washington, DC
205280655.
SUPPLEMENTARY INFORMATION:
I. Background In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the U.S.
Department of Homeland Security DHS, U.S. Immigration and Customs Enforcement ICE proposes to issue a new system of records notice SORN
titled, DHS/ICE018 Analytical Records. DHS/ICE is creating a new system of records to better reflect and clarify the nature of all records collected, maintained, processed, and shared by ICE in large analytical data environments. A fuller description of this SORN can be found herein the Federal Register.
The DHS/ICE018 Analytical Records system of records consolidates the following two notices, DHS/ICE005
Trade Transparency Analysis and Research TTAR System of Records, 79
FR 71112, December 1, 2014, and DHS/ICE016 FALCON Search and Analysis FALCONSA System of Records, 82 FR 20905, May 4, 2017, into one new system of records. This new system of records reflects the types of information and records ICE collects and maintains in analytical systems to support its law enforcement and investigative mission, rather than linking the SORN to specific IT
systems.
ICE analytical systems help ICE
personnel conduct research and analysis using advanced analytic tools in support of their law enforcement and investigative mission. These tools allow ICE to query, analyze, and present large amounts of data in a variety of formats that can help illuminate relationships
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among the various data elements. Some analytical tools may incorporate the use of artificial intelligence and machine learning to assist ICE personnel in examining large and complex datasets.
All analytical systems and tools under this system of records use a central data store to eliminate the need for multiple copies of the data.
This system of records ingests and aggregates data from a number of system and database interfaces that collects data for ICEs law enforcement, national security, immigration enforcement, and customs enforcement missions. The analytical data store also contains metadata that is created by an ICE
analytical system when it ingests data.
ICE uses the metadata to apply access controls and other system rules such as retention policies to the contents of the central data store. The metadata also provides important contextual information about the date the information was added to the data store and the source system where the data originated. ICE analytical systems also ingest external information from nonfederal entities, including state and local law enforcement authorities, private corporations, or foreign governments.
The DHS/ICE018 Analytical Records SORN also covers tips submitted to ICE
via email, an online form on the ICE
website, or by calling an ICE tip line phone number. These tips are created electronically using an ICE-wide tip line interface or may be manually entered by ICE analysts. Once ICE analysts adjudicate the tips for action, the tips will then be accessible to authorized users to conduct further investigation.
Users of an analytical tool or system may create visualizations, match records, or create analyses of large volumes of data through algorithmic processes. The end result of user efforts with an analytical tool, such as a map or list, is an analytical work product.
Analytical products, information sharing, and user collaboration made possible in analytical systems may result in the creation of a lead to the field.
Consistent with DHSs information sharing mission, information stored in the DHS/ICE018 Analytical Records system of records may be shared with other DHS Components components that have a need to know the information to carry out their national
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