Privacy Office of the U.S. Department of Homeland Security

The Privacy Office of the U.S. Department of Homeland Security is a statutorily created office in the Department of Homeland Security.

History
Created by Congress in 2002, the Privacy Office is intended to make one person (Chief Privacy Officer) responsible for monitoring government programs and new technologies that may affect U.S. citizens' privacy and personal information. Additionally, the Privacy Officer serves as the Chief Freedom of Information Act (FOIA) Officer for the department.

The DHS Privacy Office is the first statutorily required Privacy Office at any federal agency whose mission is to minimize the impact on the individual’s privacy, particularly the individual’s personal information and dignity, while achieving the mission of the Department of Homeland Security. It operates under the direction of the Chief Privacy Officer and Chief Freedom of Information Act Officer, who is appointed by the Secretary. The DHS Privacy Office serves as the steward of Section 222 of the Homeland Security Act, the Privacy Act of 1974, the Freedom of Information Act, the E-Government Act of 2002 and the numerous laws, Executive Orders, court decisions and DHS policies that protect the collection, use, and disclosure of personal and Departmental information.

The organic authority for the Privacy Officer is found at Section 222 of the Homeland Security Act. In 2004, Congress amended Section 222. It currently reads:

The Secretary shall appoint a senior official in the Department, who shall report directly to the Secretary, to assume primary responsibility for privacy policy, including—

(1) assuring that the use of technologies sustain, and do not erode, privacy protections relating to the use, collection, and disclosure of personal information;

(2) assuring that personal information contained in Privacy Act systems of records is handled in full compliance with fair information practices as set out in the Privacy Act of 1974 [5 U.S.C. 552a];

(3) evaluating legislative and regulatory proposals involving collection, use, and disclosure of personal information by the Federal Government;

(4) conducting a privacy impact assessment of proposed rules of the Department or that of the Department on the privacy of personal information, including the type of personal information collected and the number of people affected;

(5) coordinating with the Officer for Civil Rights and Civil Liberties to ensure that— (A) programs, policies, and procedures involving civil rights, civil liberties, and privacy considerations are addressed in an integrated and comprehensive manner; and (B) Congress receives appropriate reports on such programs, policies, and procedures; and

(6) preparing a report to Congress on an annual basis on activities of the Department that affect privacy, including complaints of privacy violations, implementation of the Privacy Act of 1974 [5 U.S.C. 552a], internal controls, and other matters.