July 3, 2017

Excerpts: Privacy Impact Assessment Update for the Enforcement Integrated Database (EID) Law Enforcement Notification System (LENS) DHS/ICE/PIA-015(g) September 22, 2015

Posted by D.A. King at 7:28 am - Email the author   Print This Post Print This Post  

“…and any further dissemination may be governed by the state’s laws and policies on information sharing.”

Privacy Impact Assessment Update for the Enforcement Integrated Database (EID) Law Enforcement Notification System (LENS)

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DHS/ICE/PIA-015(g)
September 22, 2015
Contact Point
Thomas Homan
Executive Associate Director, Enforcement and Removal Operations U.S. Immigration and Customs Enforcement
(202) 732-5100
Reviewing Official
Karen L. Neuman
Chief Privacy Officer Department of Homeland Security (202) 343-1717

“This EID PIA Update addresses plans to further expand domestic law enforcement information sharing by notifying domestic law enforcement agencies when aliens convicted of certain violent or serious crimes, including felonies and misdemeanors, are released from ICE custody.2”

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“The EID PIA published in January 2010 describes EID and the ENFORCE applications and reflects the system at that time. With the July 28, 2010 and November 7, 2011 PIA Updates,3 ICE increased the amount of information entered into EID to include comprehensive criminal history information for all aliens arrested for administrative violations of the Immigration and Nationality Act (INA). In these and subsequent updates, ICE also expanded the scope of external sharing of EID information with foreign governments pursuant to information sharing agreements and arrangements. With this PIA Update, ICE will further expand EID information sharing with domestic law enforcement agencies when aliens convicted of certain violent or serious crimes, including felonies and misdemeanors, are released from ICE custody.

With the publication of this PIA, ICE will now share select EID information with other domestic law enforcement agencies when an alien who has been convicted of a violent or serious crime is released from ICE custody in the United States or U.S. territories. Violent or serious crimes include certain felonies and misdemeanors – such as homicide, rape, sexual assault, aggravated assault, robbery, and kidnapping – that ICE has determined are most relevant to the safety of the community (see Appendix for a list of crimes that trigger automated notifications).

These notifications are intended as situational awareness messages only, which do not direct or require law enforcement agencies to take action, but rather help inform agencies that have an interest in an alien in connection with a pending investigation or prosecution, for parole or other forms of supervision, or for public or officer safety purposes.

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ICE will share only biographic and release-related data in the notification message to the law enforcement agencies in the states from which the alien is being released and in which the alien intends to reside. This notification message will be triggered by the release of an alien with violent or serious criminal convictions, including felonies and misdemeanors.

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External Sharing and Disclosure

As described above, ICE will expand its sharing with other domestic law enforcement agencies by notifying agencies when aliens convicted of violent or serious crimes, including felonies and misdemeanors, are released from ICE custody in the United States or U.S. territories. Notifications will include select biographic and release-related data about the alien and will be sent to the law enforcement agency for the state from which the alien is being released as well as the state in which the alien intends to reside (if they are not the same). These notifications are intended as situational awareness messages to help inform law enforcement agencies that have an interest in an alien in connection with a pending investigation or prosecution, for parole or other forms of supervision, or for public/officer safety purposes.

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Privacy Risk: There is a risk that law enforcement agencies may further disseminate ICE’s data to those without a need to know.

Mitigation: This risk is only partially mitigated by DHS. Every LENS notification indicates that the data contained within is For Official Use Only and should be disseminated only on a need to know basis. However, ICE is limited in its ability to monitor and control use of the data by law enforcement agencies once a notification is made. Ensuring that the notification is shared with the appropriate entities is a responsibility of the law enforcement agency initially receiving the data, and any further dissemination may be governed by the state’s laws and policies on information sharing.

 

Appendix

Notifications will be sent based on a conviction of one or more of the following violent or serious crimes, including felonies and misdemeanors.

a) Homicide

  • Homicide – Willful Kill – Family – Gun (NCIC Code 0901)
  • Homicide – Willful Kill – Family – Weapon (other than gun) (NCIC Code 0902)
  • Homicide – Willful Kill – Nonfamily – Gun (NCIC Code 0903)
  • Homicide – Willful Kill – Nonfamily – Weapon (other than gun) (NCIC Code 0904)
  • Homicide – Willful Kill – Public Official – Gun (NCIC Code 0905)
  • Homicide – Willful Kill – Public Official – Weapon (NCIC Code 0906)
  • Homicide – Willful Kill – Police Officer – Gun (NCIC Code 0907)
  • Homicide – Willful Kill – Police Officer – Weapon (NCIC Code 0908)
  • Homicide – Negligent Manslaughter – Vehicle (NCIC Code 0909)
  • Homicide – Negligent Manslaughter – Weapon (NCIC Code 0910)
  • Homicide – Willful Kill – Gun (NCIC Code 0911)
  • Homicide – Willful Kill – Weapon (NCIC Code 0912)
  • Homicide – John/Jane Doe – No Warrant (NCIC Code 0913)
  • Homicide (NCIC Code 0999)
  • Voluntary Manslaughter (NCIC Code 09AA)b) Kidnapping
  • Kidnapping – Minor – For Ransom (NCIC Code 1001)
  • Kidnapping – Adult – For Ransom (NCIC Code 1002)
  • Kidnapping – Minor – To Sexually Assault (NCIC Code 1003)
  • Kidnapping – Adult – To Sexually Assault (NCIC Code 1004)
  • Kidnapping – Minor (NCIC Code 1005)
  • Kidnapping – Adult (NCIC Code 1006)
  • Kidnapping – Hostage – For Escape (NCIC Code 1007)
  • Abduction – No Ransom or Assault (NCIC Code 1008)
  • Kidnapping – Hijacking Aircraft (NCIC Code 1009)
  • Kidnapping – Minor – Parental (NCIC Code 1010)
  • Kidnapping – Minor – Nonparental (NCIC Code 1011)
  • False Imprisonment – Minor – Nonparental (NCIC Code 1020)
  • False Imprisonment – Minor – Parental (NCIC Code 1021)
  • Kidnapping (NCIC Code 1099)
  • False Imprisonment (NCIC Code 10AA)

c) Rape/Sexual Assault

  • Rape – Gun (NCIC Code 1101)
  • Rape – With Weapon (NCIC Code 1102)
  • Rape – Strong Arm (NCIC Code 1103)
  • Sexual Assault – Sodomy – Boy – Gun (NCIC Code 1104)
  • Sexual Assault – Sodomy – Man – Gun (NCIC Code 1105)
  • Sexual Assault – Sodomy – Girl – Gun (NCIC Code 1106)
  • Sexual Assault – Sodomy – Woman – Gun (NCIC Code 1107)
  • Sexual Assault – Sodomy – Boy – Weapon (NCIC Code 1108)
  • Sexual Assault – Sodomy – Man – Weapon (NCIC Code 1109)
  • Sexual Assault – Sodomy – Girl – Weapon (NCIC Code 1110)
  • Sexual Assault – Sodomy – Woman – Weapon (NCIC Code 1111)
  • Sexual Assault – Sodomy – Boy – Strong Arm (NCIC Code 1112)
  • Sexual Assault – Sodomy – Man – Strong Arm (NCIC Code 1113)
  • Sexual Assault – Sodomy – Girl – Strong Arm (NCIC Code 1114)
  • Sexual Assault – Sodomy – Woman – Strong Arm (NCIC Code 1115)
  • Statutory Rape – No Force (NCIC Code 1116)
  • Sexual Assault – Carnal Abuse (NCIC Code 1117)
  • Rape – Elderly (NCIC Code 1118)
  • Rape – Disabled (NCIC Code 1119)
  • Sexual Assault – Elderly (NCIC Code 1120)
  • Sexual Assault – Disabled (NCIC Code 1121)
  • Rape – Drug Induced (NCIC Code 1122)
  • Sexual Assault – Drug Induced (NCIC Code 1123)
  • Rape – Remarks (NCIC Code 1198)
  • Sexual Assault (NCIC Code 1199)d) Robbery
    • Robbery – Business – Gun (NCIC Code 1201)
    • Robbery – Business – Weapon (NCIC Code 1202)
    • Robbery – Business – Strong Arm (NCIC Code 1203)
    • Robbery – Street – Gun (NCIC Code 1204)
    • Robbery – Street – Weapon (NCIC Code 1205)
    • Robbery – Street – Strong Arm (NCIC Code 1206)
    • Robbery – Residence – Gun (NCIC Code 1207)
    • Robbery – Residence – Weapon (NCIC Code 1208)
    • Robbery – Residence – Strong Arm (NCIC Code 1209)
    • Forcible Purse Snatching (NCIC Code 1210)
    • Robbery – Banking-Type Institution (NCIC Code 1211)
    • Robbery – Carjacking – Armed (NCIC Code 1212)
    • Robbery (NCIC Code 1299)

e) Assault
• Aggravated Assault – Family – Gun (NCIC Code 1301)
• Aggravated Assault – Family – Weapon (NCIC Code 1302)
• Aggravated Assault – Family – Strong Arm (NCIC Code 1303)
• Aggravated Assault – Non-Family – Gun (NCIC Code 1304)
• Aggravated Assault – Non-Family – Weapon (NCIC Code 1305)
• Aggravated Assault – Non-Family – Strong Arm (NCIC Code 1306)
• Aggravated Assault – Public Official – Gun (NCIC Code 1307)
• Aggravated Assault – Public Official – Weapon (NCIC Code 1308)
• Aggravated Assault – Public Official – Strong Arm (NCIC Code 1309) • Aggravated Assault – Police Officer – Gun (NCIC Code 1310)
• Aggravated Assault – Police Officer – Weapon (NCIC Code 1311)
• Aggravated Assault – Police Officer – Strong Arm (NCIC Code 1312)