Information Collection and Use
US-VISIT will collect information on foreign visitors' arrivals and departures - date, nationality, classification, and biometric identifiers. The information will be stored in databases maintained by DHS and the Department of State as part of an individual's travel record. The current plan as of March 2005 is to maintain the data for up to 100 years, but that is being reviewed to ensure that US-VISIT only retains the data as long as needed.
The US-VISIT information is accessed principally by DHS officers within Customs and Border Protection, U.S. Immigration and Customs Enforcement, U.S. Citizen and Immigration Services and consular officers of the Department of State for their duties on a need-to-know basis. The information may also be shared with law enforcement agencies at the federal, state, local, foreign or tribal level who are engaged in law enforcement activities in accordance with their official responsibilities.
Any use of US-VISIT data must be consistent with the purposes for which the information was collected. US-VISIT also requires that any data sharing be controlled through appropriate data sharing agreements.
They need access to this information to secure US BORDERS and US visitors from those wanting to do harm. Having this information helps facilitate legitimate travel and trade while also identifying non-immigrants who may have overstayed their visas or otherwise violated the terms of their admission. Access to this information assists in the adjudication of immigration benefits and assists certain other federal, state, and local law enforcement agencies on a need-to-know basis.
Only authorized officials will have access to the data, and only for official business on a need-to-know basis. Careful safeguards will ensure that the data is not used or accessed improperly. In addition, the DHS Privacy Officer will review pertinent aspects of the program to ensure that proper safeguards are in place.
Personal data will be securely stored and is made available only to authorized officials and selected law enforcement agencies on a need-to-know basis to help protect the nation against those who intend harm to U.S. citizens or visitors and to ensure integrity in our immigration system.
Existing DHS technology systems have data safeguards in place and have been certified and accredited as being secure. The protective strategies are physical, technical, administrative and environmental in nature and provide access control to sensitive data, physical access control to DHS facilities, confidentiality of communications, authentication of sending parties, and personnel screening to ensure that all personnel with access to data are screened through the appropriate background investigations.
The Advance Passenger Information System (APIS) is a database of information about passengers which is collected in advance of their arrival by airlines and cruise lines and sent electronically to the U.S. government. The information is crucial to the clearance of passengers when they arrive at ports of entry.
As of October 1, 2002, passenger arrival and departure information on individuals entering and leaving the United States under the Visa Waiver Program (VWP) is electronically collected from airlines and vessels through U.S. Customs and Border Protection's Advance Passenger Information System (APIS).
As of March 2005, officers collect the information contained in the Machine Readable Zone (MRZ) on a travel document: name, date of birth, nationality, gender, passport number, document number, document type (passport, visa), and country of issuance. In addition, officers collect carrier information such as flight number, etc.
Passengers will submit biometric information, including a digital photograph and inkless digital fingerscans, in addition to biographic information.
The Advance Passenger Information System sends all collected electronic data to the Interagency Border Inspection System, which is a subset of the Arrival and Departure Information System (ADIS), for matching arrivals and departures and for reporting purposes. Also, ADIS sends all arrival information on students to the Student and Exchange Visitor Information System, which enables U.S. Immigration and Customs Enforcement to notify appropriate schools that a new foreign student has arrived and should be at their school within 30 days.
In practice, the arrival and departure records are based on passenger manifest information that carriers transmit to U.S. Customs and Border Protection.
US VISIT's Chief Privacy Officer has established a redress process that provides a fast and convenient way for visitors to review the accuracy and completeness of their US VISIT records. US VISIT has established a three-stage process for redress inquiries beginning at the primary inspection lane with on-the-spot data correction:
- U.S. Customs and Border Protection Officers have the ability to manually correct a visitor's name, date of birth, flight information and country-specific document number and document errors without any delay or action by the visitor.
- Anyone processed through US-VISIT may have his or her record reviewed for accuracy, relevancy, timeliness or completeness. Our goal is to process such redress inquiries within 20 business days. Contact US-VISIT Privacy Officer, US-VISIT Program, Border and Transportation Security, U.S. Department of Homeland Security, Washington, D.C. 20528, USA or to speed processing, send by facsimile to 202-298-5201. The US-VISIT Privacy Officer can be reached for questions at 202-298-5200 or by email at www.usvisitprivacy@dhs.gov.
- Those unsatisfied with the result of this second query can appeal directly to the Department of Homeland Security's Chief Privacy Officer, who will conduct a thorough investigation and provide final adjudication of the matter. These appeals should be sent to: Chief Privacy Office, Department of Homeland Security, Washington, DC, 20528, USA, ATTN: US-VISIT Appeal. The fax number is 202-772-5036.
With all the information the law requires the collection of, US VISIT privacy laws have been hailed by many in the privacy advocacy community as a model of transparency. The privacy laws comply with the U.S. Privacy Act of 1974, E-Government Act of 2002, and Freedom of Information Act through a Privacy Impact Assessment (PIA), which is available on the US-VISIT website at www.dhs.gov/us-visit, The PIA outlines in depth whom US-VISIT is collecting information from, what sort of information is being collected, how the information is to be used, how it will be protected, how visitors can make sure the data is correct, and how they can seek redress for decisions based on that data. As the US VISIT Program is further developed and deployed, the PIA will be updated and published, giving the public advance notice and the opportunity to comment.
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