§2000ee–3 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Federal agencies must tell Congress about any programs that use data mining. Data mining here means searching electronic databases for patterns or anomalies that might predict terrorist or criminal activity, when the searches are not aimed at a specific person and are not just for finding fraud or protecting computer systems. A “database” excludes phone books, news reporting, freely available public information, and legal research databases. Agency heads must send a report, prepared with their privacy officer, describing each data‑mining activity, its goals and schedule, the technology and how patterns are judged, the data sources, how well it is expected to work, and how it will affect privacy and civil liberties and what steps will be taken about those effects. The report must also list the laws that apply and explain policies to protect privacy, due process, and data accuracy. An annex may include classified, law‑enforcement‑sensitive, or proprietary material; that annex must be shown to specific congressional committees but not released to the public. The first report was due within 180 days after August 3, 2007, and updates must be provided at least once a year.

Title 42, §2000ee–3

The Public Health and Welfare — Source: USLM XML via OLRC

(a)This section may be cited as the “Federal Agency Data Mining Reporting Act of 2007”.

(b)In this section:

(1)The term “data mining” means a program involving pattern-based queries, searches, or other analyses of 1 or more electronic databases, where—

(A)a department or agency of the Federal Government, or a non-Federal entity acting on behalf of the Federal Government, is conducting the queries, searches, or other analyses to discover or locate a predictive pattern or anomaly indicative of terrorist or criminal activity on the part of any individual or individuals;

(B)the queries, searches, or other analyses are not subject-based and do not use personal identifiers of a specific individual, or inputs associated with a specific individual or group of individuals, to retrieve information from the database or databases; and

(C)the purpose of the queries, searches, or other analyses is not solely—

(i)the detection of fraud, waste, or abuse in a Government agency or program; or

(ii)the security of a Government computer system.

(2)The term “database” does not include telephone directories, news reporting, information publicly available to any member of the public without payment of a fee, or databases of judicial and administrative opinions or other legal research sources.

(c)(1)The head of each department or agency of the Federal Government that is engaged in any activity to use or develop data mining shall submit a report to Congress on all such activities of the department or agency under the jurisdiction of that official. The report shall be produced in coordination with the privacy officer of that department or agency, if applicable, and shall be made available to the public, except for an annex described in subparagraph (C).11 So in original. Probably should be “paragraph (3)”.

(2)Each report submitted under subparagraph (A) 22 So in original. Probably should be “paragraph (1)”. shall include, for each activity to use or develop data mining, the following information:

(A)A thorough description of the data mining activity, its goals, and, where appropriate, the target dates for the deployment of the data mining activity.

(B)A thorough description of the data mining technology that is being used or will be used, including the basis for determining whether a particular pattern or anomaly is indicative of terrorist or criminal activity.

(C)A thorough description of the data sources that are being or will be used.

(D)An assessment of the efficacy or likely efficacy of the data mining activity in providing accurate information consistent with and valuable to the stated goals and plans for the use or development of the data mining activity.

(E)An assessment of the impact or likely impact of the implementation of the data mining activity on the privacy and civil liberties of individuals, including a thorough description of the actions that are being taken or will be taken with regard to the property, privacy, or other rights or privileges of any individual or individuals as a result of the implementation of the data mining activity.

(F)A list and analysis of the laws and regulations that govern the information being or to be collected, reviewed, gathered, analyzed, or used in conjunction with the data mining activity, to the extent applicable in the context of the data mining activity.

(G)A thorough discussion of the policies, procedures, and guidelines that are in place or that are to be developed and applied in the use of such data mining activity in order to—

(i)protect the privacy and due process rights of individuals, such as redress procedures; and

(ii)ensure that only accurate and complete information is collected, reviewed, gathered, analyzed, or used, and guard against any harmful consequences of potential inaccuracies.

(3)(A)A report under subparagraph (A) 2 shall include in an annex any necessary—

(i)classified information;

(ii)law enforcement sensitive information;

(iii)proprietary business information; or

(iv)trade secrets (as that term is defined in section 1839 of title 18).

(B)Any annex described in clause (i)— 33 So in original. Probably should be “subparagraph (A)—”.

(i)shall be available, as appropriate, and consistent with the National Security Act of 1947 [50 U.S.C. 3001 et seq.], to the Committee on Homeland Security and Governmental Affairs, the Committee on the Judiciary, the Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, the Permanent Select Committee on Intelligence, the Committee on Appropriations, and the Committee on Financial Services of the House of Representatives; and

(ii)shall not be made available to the public.

(4)Each report required under subparagraph (A) 2 shall be—

(A)submitted not later than 180 days after August 3, 2007; and

(B)updated not less frequently than annually thereafter, to include any activity to use or develop data mining engaged in after the date of the prior report submitted under subparagraph (A).2

Notes & Related Subsidiaries

Editorial Notes

References in Text

The National Security Act of 1947, referred to in subsec. (c)(3)(B)(i), is act July 26, 1947, ch. 343, 61 Stat. 495, which was formerly classified principally to chapter 15 (§ 401 et seq.) of Title 50, War and National Defense, prior to editorial reclassification in Title 50, and is now classified principally to chapter 44 (§ 3001 et seq.) of Title 50. For complete classification of this Act to the Code, see Tables.

§2000ee–3 Federal agency data mining reporting

Summary

Title 42, §2000ee–3

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata