US Department of Homeland Security

May 10 2021

DHS withdraws proposed rule that would have created mandatory biometrics collection for children

The US Department of Homeland Security (DHS) has withdrawn a proposed rulemaking related to biometric collection, USCIS Docket No. USCIS-2019-0007. Last year, WPF urged DHS to withdraw this biometric rulemaking because the rulemaking lacked scientific facts and basis. WPF also found that the DHS biometric proposal avoided discussion of the new barriers it would have created

Oct 14 2020

WPF advises that DHS biometric collection proposal needs scientific, factual, ethical, and human rights basis, urges creation of transparent multistakeholder process to work on ethical guidelines regarding childrens’ biometrics

The World Privacy Forum filed comments with DHS regarding its proposed new rules regarding biometric collection, and asked DHS to reconsider the rule and to apply the science, ethics, and international conventions regarding the protection of victims of human trafficking to the rule prior to moving forward. WPF found that the proposed rule avoided discussion of

Sep 21 2018

WPF calls on Secretary of Homeland Security to provide formal notice and comment and address substantive concerns regarding the CBP biometric entry and exit program

The World Privacy Forum sent a detailed letter (PDF, 18 pages) September 18, 2018 to the Secretary of Homeland security outlining our substantive concerns regarding the US Department of Homeland Security (DHS) Customs and Border Protection (CBP) and Transportation Security Administration (TSA) biometric[1]entry and exit program. The World Privacy Forum[2]letter calls on the Secretary to provide formal

Jun 01 2018

WPF comments on the DHS External Biometric Records database

The World Privacy Forum has submitted detailed comments on the US Department of Homeland Security’s External Biometric Records database (EBR database), which DHS describes as a large biometric and demographic database drawn from foreign and domestic sources. WPF has a number of concerns about the proposal, including that the EBR database is slated to be exempted from

Aug 21 2008

Press Announcement: World Privacy Forum files comments to DHS regarding the Border Crossing Information System; Some proposed routine uses of the system directly contravene the Privacy Act of 1974

Border Crossing Information System, DHS — The World Privacy Forum submitted public comments today to the Department of Homeland Security regarding its proposed Border Crossing Information System. The BCI system would set up a database of all border crossings via car, rail, air and other means, including collecting identifiable data on the activities of American citizens. Information collected includes biographical and other information such as name, date of birth, gender, a photograph, itinerary information, and the time and location of the border crossing. The WPF comments focus entirely on the proposed Routine Uses of the system. As currently written, the DHS proposal contains some Routine Uses that directly contravene the Privacy Act of 1974 and are illegal. Other Routine Uses are overbroad and vague, and still others contravene guidance from the Office of Management and Budget (OMB). One example of an overbroad Routine Use is Routine Use J, which will allow DHS to release data collected for the Border Crossing Information System for hiring decisions or contract awards. This information may be requested by Federal, state, local, tribal, foreign, or international agencies. Another Routine Use, G, impermissibly duplicates and weakens the Privacy Act’s condition of requirement for notice when information is disclosed in certain circumstances.

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Report: From the Filing Cabinet to the Cloud: Updating the Privacy Act of 1974

This comprehensive report and proposed bill text is focused on the Privacy Act of 1974, an important and early Federal privacy law that applies to the government sector and some contractors. The Privacy Act was written for the 1970s information era -- an era that was characterized by the use of mainframe computers and filing cabinets. Today's digital information era looks much different than the '70s: smart phones are smarter than the old mainframes, and documents are now routinely digitized and stored and perhaps even analyzed in the cloud, among many other changes. The report focuses on why the Privacy Act needs an update that will bring it into this century, and how that could look and work. This work was written by Robert Gellman, and informed by a two-year multi-stakeholder process.
COVID-19 and HIPAA: HHS’s Troubled Approach to Waiving Privacy and Security Rules for the Pandemic

The COVID-19 pandemic strained the U.S. health ecosystem in numerous ways, including putting pressure on the HIPAA privacy and security rules. The Department of Health and Human Services adjusted the privacy and security rules for the pandemic through the use of statutory and administrative HIPAA waivers. While some of the adjustments are appropriate for the emergency circumstances, there are also some meaningful and potentially unwelcome privacy and security consequences. At an appropriate time, the use of HIPAA waivers as a response to health care emergencies needs a thorough review. This report sets out the facts, identifies the issues, and proposes a roadmap for change.