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Privacy Impact Assessment Update For The Advance Passenger Information System (Apis) - U.s. Department Of Homeland Security - 2013 Page 2

Privacy Impact Assessment Update

CBP, APIS PIA Update

Page 2

Abstract

The U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection

(CBP) is updating the Privacy Impact Assessment (PIA) for the Advance Passenger Information

System (APIS) in order to provide notice of the expansion in the National Counterterrorism

Center (NCTC)’s “temporary retention” of APIS information due to the March 2012 release of

the Guidelines for Access, Retention, Use and Dissemination by the National Counterterrorism

Center and other Agencies of Information in Data sets Containing Non-Terrorism Information

(AG Guidelines).

Introduction

The Aviation and Transportation Security Act of 2001 and the Enhanced Border Security

and Visa Reform Act of 2002 together mandated the collection of certain information on all

passenger and crew members who arrive in or depart from (and, in the case of crew members,

overfly) the United States on a commercial air or sea carrier. The information required to be

collected and submitted to APIS can generally be found on routine entry documents that

passenger and crew members must provide when being processed into or out of the United

States. The APIS information includes full name, date of birth, citizenship, passport/alien

registration card number, passport/alien registration card country of issuance, passport expiration

date country of residence, passenger name record locator number, and U.S. destination address

(when applicable). The APIS information is collected in advance of a passenger’s departure

from or arrival to (and in many cases, prior to departure for) the United States.

APIS

information is also collected for each individual aboard a private aircraft arriving in or departing

from the United States.

The purpose of this collection is to perform law enforcement queries and to identify high-

risk passengers and crew members who may pose a risk or threat to vessel or aircraft safety or to

national security, while simultaneously facilitating the travel of legitimate passengers and crew

members. This information collection also assists in expediting processing of travelers at ports

of entry, resulting in a significant time savings.

Pursuant to the National Security Act of 1947, as amended, the National

Counterterrorism Center (NCTC) “serve[s] as the central and shared knowledge bank on known

and suspected terrorists and international terror groups, as well as their goals, strategies,

capabilities, and networks of contacts and support,” 50 U.S.C. § 404o. In order to enhance

information sharing, the President issued Executive Order 13388, Further Strengthening the

Sharing of Terrorism Information to Protect Americans (October 27, 2005), which provides that

the Head of each agency that possesses or acquires terrorism information shall promptly give

Privacy Impact Assessment Update For The Advance Passenger Information System (Apis) - U.s. Department Of Homeland Security - 2013 Page 2