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Privacy Pia Tsa Tiss DHS Privacy Documents for Department-wide Programs 08-2012

Privacy Pia Tsa Tiss DHS Privacy Documents for Department-wide Programs 08-2012

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Published by Constitutionalist
DHS Privacy Documents for Department-wide Programs 08-2012
DHS Privacy Documents for Department-wide Programs 08-2012

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Published by: Constitutionalist on Aug 09, 2012
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Privacy Impact Assessmentfor the Transportation Information Sharing System
June 1, 2008
Contact PointSAC Richard C. WadsworthTransportation Security AdministrationFederal Air Marshal ServiceInvestigations Division – Tactical Information BranchRichard.C.Wadsworth@secureskies.netReviewing OfficialsPeter PietraDirector, Privacy Policy and ComplianceTransportation Security AdministrationTSAPrivacy@dhs.govHugo Teufel IIIChief Privacy OfficerDepartment of Homeland SecurityPrivacy@dhs.gov
 
Privacy Impact Assessment
 Transportation Security AdministrationFederal Air Marshal Service
Transportation Information Sharing System
 Page 2
Abstract
The Transportation Security Administration (TSA) operates the Transportation Information SharingSystem (TISS). The Transportation Information Sharing System receives, assesses, and distributesintelligence information related to transportation security to Federal Air Marshals (FAMs) and other Federal,State, and local law enforcement. This PIA is being updated to reflect more clearly that TISS applies to alltransportation modes, not just aviation modes as might have been assumed because the system involvesFederal Air Marshals.
Introduction
Section 114 of the Aviation and Transportation Security Act (ATSA) (Pub. L. 107-71, November19, 2001, 115 Stat. 597) grants TSA the responsibility for security in all modes of transportation.Specifically, Section 114(f) grants the TSA Administrator authority to “receive, assess, and distributeintelligence information related to transportation security” as well as to “assess threats to transportation.”TISS is one means by which TSA fulfills that responsibility by enabling FAMs in the field to report foranalysis the observation of suspicious behavior that may signal some form of pre-operational surveillanceor activity, and provide an information source for examining long-term trends and patterns. Criminal orterrorist acts that threaten transportation security are most vulnerable in the planning stages and TISS willassist in identifying such efforts.Federal Air Marshals and other federal, state, and local officials are trained to identify and reportsuspicious activity while performing their daily duties. They submit Surveillance Detection Reports (SDRs)electronically into the TISS SDR database to report suspicious activities that fall below the threshold of anactionable law enforcement incident. FAMs assigned to the Tactical Information Branch (TIB) may alsocreate SDRs based on information received in the Federal Air Marshal Service (FAMS) Activity Reports orthe TSA’s daily Executive Summary.The information contained in the SDRs is manually reviewed to seek patterns or associationswith other information potentially affecting transportation security. In addition, software is used toperform searches based on criteria. Currently, the software performs only name matches, but the systemhas the capacity to search other fields for patterns and has been used to perform queries in response tospecific intelligence or apparent trends discerned in manual searches.Other participating law enforcement organizations outside of the FAMS may have access to theTISS in order to review information contained in these reports for intelligence and security-relatedpurposes. To facilitate such access, the FAMS have developed partnerships with other components of theDepartment of Homeland Security (DHS), including other divisions of the Transportation SecurityAdministration (TSA), U.S. Immigration and Customs Enforcement (ICE), United States Coast Guard(USCG), and U.S. Customs and Border Protection (CBP), as well as with other federal entities, including theNational Counterterrorism Center (NCTC), Federal Bureau of Investigation (FBI), Central IntelligenceAgency (CIA), and Department of Defense (DoD). In addition, the FAMS have granted access to TISS SDRsto certain local and state law enforcement entities in an effort to involve agencies that have law enforcementjurisdiction in and around the transportation sector. TISS contains sensitive law enforcement informationthat is accessed and shared only among law enforcement, intelligence and security agencies with an
 
Privacy Impact Assessment
 Transportation Security AdministrationFederal Air Marshal Service
Transportation Information Sharing System
 Page 3
appropriate need to know.Because this system entails a new collection of information about members of the public in anidentifiable form, the E-Government Act of 2002, Public Law 107-347 Section208, requires that TSAconduct a Privacy Impact Assessment (PIA).
Section 1.0Information collected and maintained
1.1 What information is to be collected?
Where available and at the reasonable operational discretion of a FAM, information pertaining tosuspicious activity and behavior with a nexus to the transportation domain may be compiled into an SDR,which is stored in TISS. This information is primarily activity or behavioral information but also maycontain personal information regarding the individuals involved in the suspicious activity. Informationfields within the SDR include general information such as time, date, geographical location, and if available, photographs and video. Subject information collected may include: first, middle, and lastnames; aliases and nicknames; home and business addresses; employer information; Social Securitynumbers; other available identification numbers such as drivers license number or passport number; date of birth; languages spoken; nationality; age, sex and race; height and weight; eye color; hair color, style andlength; and facial hair, scars, tattoos and piercings, clothing (including colors and patterns) and eyewear.Vehicle information, including make, model, model year, color, license plate, state of registry, VIN, as wellas registration information may also be collected.Although the TISS possesses the capacity to maintain each of the data elements noted above, a useris not required and would rarely have the opportunity to compile all of these data elements. FAMs onlycompile observable information to report activities that fall below the threshold of a law enforcementactionable incident. Additionally, a large percentage of TISS information is derived from reports that areprovided to FAMs by external sources (as described in Section 1.2). These reports pertaining to suspiciousactivity may be translated into an SDR and entered into TISS.
1.2 From whom is information collected?
The information contained in the TISS is a combination of observations made by individual FAMs,DHS employees, and law enforcement officials with responsibility for transportation security along withdata reported by other entities within the transportation domain, such as air carriers or other privateentities within the transportation sector, as well as directly from the individual in connection with anencounter with FAMs or law enforcement officials. FAMs and other TISS users record their observations of suspicious activity in SDRs and then submit the report electronically via a customized, encrypted PersonalDigital Assistant (PDA) application or through the Internet, via the secure TISS web site. Members of thetransportation industry, including aircraft crews, may submit reports of suspicious activity via electronicmail. The reports submitted via electronic mail are reviewed and investigated by FAMs in the TacticalInformation Branch (TIB) and manually entered into the TISS as an SDR.Other sources of information include the FAMS Activity Reports, the DHS Daily Operations Report,

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