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DHS/OS RIN: 1601-AA90 Publication ID: Fall 2019 
Title: Insider Threat Program System of Records and its Associated Privacy Act Exemptions 

In accordance with the Privacy Act of 1974, the Department of Homeland Security (DHS) proposes to modify and reissue a current DHS system of records titled, Department of Homeland Security/ALL-038 Insider Threat System of Records.” This system of records allows DHS to establish capabilities to detect, deter, and mitigate insider threats. An Insider” is defined to include any person who has or who had authorized access to any DHS facility, information, equipment, network, or system. An insider threat” is the threat that an insider will use his or her authorized access, wittingly or unwittingly, to do harm to the Department's mission, resources, personnel, facilities, information, equipment, networks, or systems. DHS will use the system to facilitate management of insider threat inquiries; identify potential threats to DHS resources and information assets; manage referrals of potential insider threats to and from internal and external partners; provide authorized assistance to lawful administrative, civil, counterintelligence, and criminal investigations; and provide statistical reports and meet other insider threat reporting requirements.

DHS is modifying the Insider Threat System of Records to account for the new population affected and new types of information the program is now authorized to collect and maintain pursuant to a memorandum, Expanding the Scope of the Department of Homeland Security Insider Threat Program, approved by the Secretary of Homeland Security on January 3, 2017. Originally, the Insider Threat Program focused on the detection, prevention, and mitigation of unauthorized disclosure of classified information by DHS personnel with active security clearances. The Secretary’s memorandum expands the scope of the Insider Threat Program to its current breadth: threats posed to the Department by all individuals who have or had access to the Department's facilities, information, equipment, networks, or systems. Unauthorized disclosure of classified information is merely one way in which this threat might manifest. Therefore, the expanded scope increases the population covered by the system to include all those with past or current access to DHS facilities, information, equipment, networks, or systems.

Agency: Department of Homeland Security(DHS)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Fully or Partially Exempt 
CFR Citation: 6 CFR 5, app. C     (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: Intelligence Reform and Terrorism Prevention Act of 2004, Pub. L. 108-458    Intelligence Authorization Act for FY 2010, Pub. L. 111-259    Atomic Energy Act of 1954, 60 Stat. 755, August 1, 1946    title 6 U.S.C. 341(a)(6), Under Secretary for Management    title 28 U.S.C. 535, Investigation of Crimes Involving Government Officers and Employees    Limitations    title 40 U.S.C. 1315, Law enforcement authority of Secretary of Homeland Security for protection of public property    title 50 U.S.C. 3381, Coordination of Counterintelligence Activities    E.O. 10450, Security Requirements for Government Employment, April 17, 1953    E.O. 12333, United States Intelligence Activities (as amended)    E.O. 12829, National Industrial Security Program    ...   
Legal Deadline:  None
Action Date FR Cite
NPRM  02/26/2016  81 FR 9789   
NPRM Comment Period End  03/28/2016 
NPRM  11/00/2019 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL:   Public Comment URL:  
RIN Data Printed in the FR: No 
Agency Contact:
Jonathan R. Cantor
Acting Chief Privacy Officer
Department of Homeland Security
245 Murray Lane SW, Mail Stop 0655,
Washington, DC 20528-0655
Phone:202 343-1717