RULES LOGIC | GENERAL LEGAL RULE | CITATION | SPECIFIC LEGAL RULE | CITATION |
Possession = yes if | ||||
Agency = yes
and US_persons = yes and SOR = yes and SORN = yes or US_persons=no. |
A federal "agency"
can only put information about "US persons" in a "system of records" if it publishes an appropriate "System of Records Notice" |
5 USC § 552a(e)(4) |
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A "System of Records Notice" is also called a SORN | ||||
SORN = yes if
Fed_Reg_pub = yes. |
A SORN must
be published in the Federal Register |
5 USC § 552a(e)(4) | ||
Agency = yes if
Executive_Branch = yes or Executive_Department = yes or Military = yes or DOD = yes or Gov_Corp = yes or Gov_Controlled_Corp = yes or Ind_Reg_Agency = yes. |
An "Agency" is
part of the the Executive Branch and an Executive Department or the Military or the Department of Defense or a government corporation or a government controlled corporation or an independent regulatory agency |
5 USC § 552(a)(1) and
5 USC § 552(f)(1) |
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Agency = no if
Congress or Court or US_Terr_Gov. |
An "Agency" is not Congress | 5 USC § 552(a)(1) and
5 USC § 552(f)(1) and 5 USC § 551(1)(A) |
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An "Agency" is not any US court | 5 USC § 552(a)(1) and
5 USC § 552(f)(1) and 5 USC § 551(1)(B) |
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An "Agency" is not a US territorial government | 5 USC § 552(a)(1) and
5 USC § 552(f)(1) and 5 USC § 551(1)(C) |
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US_Person = yes if
US_Citizen or Legal_Permanent_Resident. US_Person = no if Temp_Visa_Holder. US_Person = yes if Temp_Visa_Holder and US_Person or Legal_Permanent_Resident. |
A "US person" is a US citizen or legal permanent resident | 5 USC § 552a(a)(2) | ||
SOR = yes if
Data_Retrieval = By_Name or By_Person_Num or By_Person_Symbol or By_Person_Identifier and Control_of_Data = Agency |
A"system of records’ is
a group of any records and if information is retrieved by the name of an individual or if information is retrieved by an identifying number assigned to an individual or if information is retrieved by a symbol assigned to an individual or if information is retrieved by any other identifying "particular" assigned to an individual and the group of records is under the control of any "agency" |
5 USC § 552a(a)(5) | ||
SOR = yes if
Stored_Data = Person_Data and Required_by_Statute. |
A "system of records" may only contain
information about a person that is relevant and necessary to accomplish a purpose of the agency required to be accomplished by statute |
5 USC § 552a(e) | ||
The Transportation Security Administration
is an administrator of The Department of Transportation |
49 USC § 114(a) | |||
The Transportation Security Administration
shall screen all passengers who will be traveling aboard a passenger aircraft |
49 USC § 44901(a) | |||
The Transportation Security Administration
is required to evaluate all passengers before they board an aircraft using CAPPS or a successor system. |
49 USC § 44903(j)(2)(A) | |||
SORN = yes if | A SORN must be published
when a system is established or when a system is revised |
5 USC § 552a(e)(4) | ||
A SORN must state
that such a system exists |
5 USC § 552a(e)(4) | |||
A SORN must describe the character of the system | 5 USC § 552a(e)(4) | |||
A SORN must describe the categories of sources of data |
5 USC § 552a(e)(4) |
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The Secure Flight Test is permitted to include data
from Passenger Name Records (PNRs) provided by aircraft operators For certain flights completed in June 2004 |
FR Vol 70, No 119, p. 36320, (a) | |||
The Secure Flight Test is permitted to include data
from the Terrorist Screening Center about individuals known or resonably suspected to be related toTerrorism; |
FR Vol 70, No 119, p. 36320, (b) | |||
The Secure Flight Test is permitted to include
commercial data that was purchased for the purpose of comparison with June 2004 PNRs |
FR Vol 70, No 119, p. 36320, (e) | |||