From today's guest blogger, our colleague Greg Gordon, McClatchy Washington bureau investigative reporter:
To carry out a recommendation from the Sept. 11 Commission aimed at
preventing terrorists from ever again capitalizing on the lack of U.S.
intelligence sharing, the Department of Homeland Security has since 2004 quietly
facilitated the creation of 58 to 60 ``fusion centers’’ that blend local,
regional, state and federal agents.
One pregnant question has been
how closely these agencies have been observing state and federal privacy laws as
information, sucked up from eavesdropping, informants, surveillance and
government records, flows among the feds, state and local agencies down to cops
on the beat.
In a Privacy Impact Assessment
released today, Homeland Security officials ticked off no fewer than seven ways
in which each center, with its own organizational structure, poses risks to
Americans’ privacy. Among them:
-- Justifying the centers’
existence, best done in local communities by forming a privacy committee and
keeping transparent.
-- Lack of rigorous controls
over data mining, in which computer programs search for patterns among massive
bits of information.
-- ``Ambiguous lines of
authority,’’ a problem because Homeland Security and FBI employees are governed
by federal laws, while state laws guide other
agents.
-- The centers’ excessive
secrecy, a veil that can by lifted somewhat by publishing documents to show
compliance with privacy laws.
-- Dissemination of inaccurate or
incomplete information that can hurt individuals.
-- Involvement of the military
and private sector, which might have no grounds to see personal
data.
-- Mission creep, because some of the centers are
increasingly being used to pursue all crimes, not just
terrorism.
The assessment is an alphabet
soup of acronyms for various laws, committees and policies governing the flow of
``personally identifiable information’’ – also known as PII. It seeks to
implement a set of Fair Information Practice Principles (FIPP, of course) to
embed privacy protections into the centers.
The assessment echoes warnings
from the Congressional Research Service, the Government Accountability Office and even
the American Civil Liberties Union about potential breaches of individuals’
privacy. The most critical prevention tools are basic: written policies and
training of everyone involved to ensure they know what information is to go
nowhere.
When mistakes are made, DHS’
Privacy Office recommends that agents ``acknowledge the error and take
corrective action,’’ allowing harmed individuals to seek
redress.
Caroline Fredrickson, director
of the ACLU’s Washington Legislative Office, said the fusion centers ``remain a
mysterious and troubling trend in local law enforcement,’’ especially given the
history of domestic spying by police and the FBI. She said her group and the
DHS’ Privacy Office agree on the same set of risks.
``The use of data mining,
participation by the private sector, ambiguous lines of authority and the
general lack of transparency all pose hazards for Americans’ privacy,’’
Fredrickson said.