Privacy Civil Rights Civil Liberties

Privacy, Civil Rights, and Civil Liberties

Protecting Privacy, Civil Rights, and Civil Liberties in the ISE.

 

The protection of privacy, civil rights, and civil liberties (P/CRCL), mandated by Section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (IRTPA), is a core tenet, foundational element, and enabler of the ISE. PM-ISE works with ISE mission partners at all levels of government and across the domains to put in place safeguards to ensure the protection of privacy, civil rights, and civil liberties (P/CRCL) of citizens.

 

In 2005, the Administration called for the development of a protection framework, resulting in the development of ISE Privacy Guidelines to provide uniform protections for P/CRCL in information sharing activities.

 

The ISE Privacy Guidelines establish a P/CRCL protection framework, which requires both federal entities and non-federal entities seeking to access “Protected Information” in the ISE to:

 

  1. Develop and adopt written privacy policies,
  2. Designate a privacy and civil liberties officer,
  3. Provide training to ISE personnel on P/CRCL protections, and
  4. Integrate the P/CRCL protections and requirements into business processes and systems.

 

As federal departments and agencies develop and use the Information Sharing Environment (ISE), they are required to implement the ISE Privacy Guidelines within their organizations. To assist them in their efforts, the Program Manager for the Information Sharing Environment has issued several documents, collectively known as the Privacy and Civil Liberties Implementation Manual, to support agencies in understanding and implementing the ISE Privacy Guidelines while minimizing duplication of effort. The Manual includes:

 

  1. The Privacy and Civil Liberties Implementation Guide for the Information Sharing Environment (September 2007), which provides a suggested process and outlines best practices to assist federal agencies in implementing the ISE Privacy Guidelines.
  2. The Privacy and Civil Liberties Implementation Workbook for federal agencies (version 1.2), which translates elements of the ISE Privacy Guidelines into a step-by-step process for agencies to follow in generating their ISE Privacy Protection Policy.
  3. The Key Issues Guidance, which covers topics such as accountability, enforcement, and audit; redress; data quality; data security; and notice mechanisms.
  4. The Civil Rights and Civil Liberties Protections Guidance, which provides guidance on interpreting the ISE Privacy Guidelines requirements; explains how ISE participants' collection and subsequent use and sharing of information may implicate a person's civil rights and civil liberties; and provides guidance and examples for common civil rights and civil liberties issues that might be encountered by federal, state, local, territorial, and tribal (FSLTT) ISE mission partners.  

Additional privacy documents and resources are in the table below.

 

Privacy and Civil Liberties Resources for State and Local Agencies  
DHS / DOJ Privacy and Civil Liberties Web Portal