Federal Register - December 8, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Notices includes criminal, civil, or regulatory violations and such disclosure is proper and consistent with the official duties of the person making the disclosure.
I. For investigative material compiled for law enforcement purposes, to appropriate federal, state, tribal, local, or foreign governmental agencies or multilateral governmental organizations responsible for investigating or prosecuting the violations of, or for enforcing or implementing, a statute, rule, regulation, order, or treaty where DHS determines that the information would assist in the enforcement of civil or criminal laws.
J. To a court, magistrate, administrative tribunal, opposing counsel, parties, and witnesses in the course of a civil, criminal or administrative proceeding before a court or adjudicative body when DHS
determines that the use of such records is relevant and necessary to the litigation or the proceeding and one of the following is a party to, or has an interest in, the litigation or the proceeding:
1. DHS or any component thereof;
2. Any employee of DHS in his or her official capacity;
3. Any employee of DHS in his or her individual capacity where the agency has agreed to represent the employee;
4. The United States, where DHS
determines that litigation is likely to affect DHS or any of its components.
K. 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 connection with criminal law proceedings.
L. 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 of any identified health threat or risk will be given.
M. To foreign governments for the purpose of providing information about their citizens or permanent residents, or family members thereof, during a school closing, local or national disasters, or health emergencies.
N. To the U.S. Treasury Department and its contractors to facilitate and track SEVP fee payments made by F/M/J
nonimmigrants.
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O. To schools and exchange visitor sponsors participating in the SEVP or EV Program for the purpose of certification and designation, enrollment, transfer, and monitoring of F/M/J nonimmigrants, audit, oversight, and compliance enforcement.
P. To the DOS for the purpose of visa issuance to F/M/J nonimmigrants; the operation of its exchange visitor program; or the enforcement of, and investigation into, its visa and exchange visitor program laws, regulations, and requirements.
Q. To the DOS 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.
R. To appropriate federal, state, local, tribal, or foreign governmental agencies or multilateral governmental organizations, with the approval of the Chief Privacy Officer, when DHS is aware of a need to use relevant data that relate to the purposes stated in this SORN in order to test, develop, and implement new technologies for the purposes of data sharing to support and enhance the efficiency of the SEVP or homeland security.
S. 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 about redress provided under the Privacy Act 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.
3. For the purpose of verifying the accuracy of information submitted by an individual who has requested such redress on behalf of another individual.
T. To a former employee of DHS for purposes of 1 responding to an official inquiry by a federal, state, or local government entity or professional licensing authority, in accordance with applicable DHS regulations; or 2
facilitating communications with a former employee that may be necessary for personnel-related or other official purposes when DHS requires information and/or consultation assistance from the former employee regarding a matter within that persons former area of responsibility.
U. To a federal state, or local agency, or other appropriate entities or individuals, or through established liaison channels to selected foreign governments, in order to provide intelligence, counterintelligence, or
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other information for the purposes of intelligence, counterintelligence, or antiterrorism activities authorized by U.S. law, Executive Order, or other applicable national security directive.
V. To an accrediting agency, recognized by ED, for the purpose of performing accreditation activities for schools and exchange visitor programs, including accreditation of Englishlanguage training programs in accordance with the Accreditation of English Language Training Programs Act Pub. L. 111306, but only such as is necessary and relevant to such accreditation function.
W. To an appropriate Federal, State, local, tribal, foreign, or international agency, if the information is relevant and necessary to a requesting agencys decision concerning the hiring or retention of an individual, or issuance of a security clearance, license, contract, grant, or other benefit, or if the information is relevant and necessary to a DHS decision concerning the hiring or retention of an employee, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant or other benefit and when disclosure is appropriate to the proper performance of the official duties of the person making the request.
X. To the news media and the public, with the approval of the Chief Privacy Officer in consultation with counsel, when there is a legitimate public interest in the disclosure of the information, when disclosure is necessary to preserve confidence in the integrity of DHS, or when disclosure is necessary to demonstrate the accountability of DHSs officers, employees, or individuals covered by the system, except to the extent the CPO
determines that release of the specific information in the context of a particular case would constitute a clearly unwarranted invasion of personal privacy.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
DHS/ICE stores records in these systems 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.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved by biographical and unique verification identifiers such as full name, date of birth, email address, SEVIS ID, IIN, FIN, OPID, and Anumber.
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