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Privacy Impact Assessment Update

CBP, APIS PIA Update

Page 7

applicable national security directive.”

A material condition for DHS’s sharing APIS information with NCTC is that the sharing

must provide real and ongoing value to both NCTC’s and DHS’s missions. NCTC replicates

APIS information into its Counterterrorism Data Layer (CTDL) to support its counterterrorism

efforts. The CTDL provides NCTC analysts “with the ability to search, exploit, and correlate

terrorism information in a single environment.”

For example, NCTC analysts may run queries

against APIS information in the CTDL to identify terrorism information within APIS. When

APIS information is determined to constitute terrorism information, NCTC will include DHS on

the distribution of the lead or finished intelligence product, so that DHS may use this information

to support its mission to prevent and deter terrorist attacks. NCTC will review, retain, and

disseminate APIS records it has determined to constitute terrorism information in accordance

with procedures approved for NCTC by the Attorney General in accordance with Section 2.3 of

Executive Order 12333, and additional terms specified in the MOA.

DHS/CBP/PIA – 001(e)

noted that “NCTC will process all APIS records within [the

temporary retention period] to determine whether a nexus to terrorism exists.” This requirement

proved to be enormously challenging, and the parties have agreed in the updated MOA to

continue exploring improved methods for creating a practicable solution to provide more direct

support to DHS’s mission to prevent and deter terrorist attacks. Within a year of its signature,

the new MOA requires DHS and NCTC produce a joint report regarding the prioritization of

screening, Terrorist Identities Datamart Environment (TIDE) enhancement, and the analytic

initiatives that leverage NCTC’s holdings and provide value to the Department and the

Intelligence Community. DHS and NCTC will provide interim reports quarterly to the Deputy

Secretary of Homeland Security, Director of NCTC, DHS Under Secretary for Intelligence and

Analysis, DHS Chief Privacy Officer, DHS Officer for Civil Rights and Civil Liberties, the DHS

General Counsel, and the Office of the Director of National Intelligence (ODNI) Civil Liberties

Protection Officer.

The MOA has strict safeguards to protect PII provided to NCTC. These protections

include training to be provided to NCTC users on the appropriate use of PII. DHS/CBP will

provide annual and periodic training to appropriate NCTC personnel on the proper interpretation

of the information contained in APIS and on the proper treatment of information from certain

categories that require special handling, such as asylum and refugee information. The MOA

stipulates that NCTC may not disseminate to third parties information derived from APIS

See “Information Sharing Environment Annual Report to the Congress: National Security Through Responsible

Information Sharing,” dated June 30, 2012. Available at: http://

Published on June 23, 2011.

Privacy Impact Assessment Update For The Advance Passenger Information System (Apis) - U.s. Department Of Homeland Security - 2013 Page 7