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Privacy Impact Assessment Update For The Advance Passenger Information System (Apis) - U.s. Department Of Homeland Security - 2013 Page 6

Privacy Impact Assessment Update

CBP, APIS PIA Update

Page 6

Retention

The DHS retention period for APIS has not changed. The information initially collected

by APIS is used for entry screening purposes and is retained in APIS for no more than twelve

months.

Pursuant to the MOA, NCTC will now be allowed to temporarily retain APIS records for

up to one year in order to identify terrorism information, in support of its counterterrorism

mission and in support of the mission of DHS. NCTC previously retained APIS records for 180

calendar days. The one year temporary retention period commences when DHS delivers the

APIS information to NCTC. When NCTC replicates APIS information, the records will be

marked with a “time-to-live” date, which will specify when the APIS information will be deleted

if it is not identified as terrorism information. NCTC will purge all APIS records not determined

to constitute terrorism information no later than one year from receipt of the record from DHS.

This process will be audited as required under the MOA.

Since NCTC’s AG Guidelines allow information to be “continually assessed” during the

temporary retention period,

NCTC may retain all APIS information for one year, regardless of

whether NCTC has made a terrorism information determination about a particular APIS record,

as it is possible that new intelligence or terrorism information will identify previously unknown

terrorism information within that APIS record. NCTC may retain APIS records determined to

constitute terrorism information in accordance with NCTC’s authorities and policies, applicable

law, and the terms of the MOA.

Internal Sharing and Disclosure

No changes have been made to internal sharing.

External Sharing and Disclosure

DHS has entered into an updated MOA with NCTC in order to facilitate NCTC’s

counterterrorism efforts and to identify terrorism information within APIS. This information

sharing also aligns with DHS’s mission to prevent and deter terrorist attacks. This sharing is

conducted pursuant to routine use H of the APIS SORN, which states that DHS may share APIS

information with “a federal, state, or local agency, or other appropriate entity or individual, or

through established liaison channels to selected foreign governments, in order to provide

intelligence, counterintelligence, or other information for the purposes of intelligence,

counterintelligence, or antiterrorism activities authorized by U.S. law, Executive Order, or other

See NCTC’s AG Guidelines, available at

Guidelines.pdf.

Privacy Impact Assessment Update For The Advance Passenger Information System (Apis) - U.s. Department Of Homeland Security - 2013 Page 6