U.S. Department of the Treasury

DATE: December 14, 2015

ADMINISTRATIVE EDIT: March 30, 2021

SUBJECT: Privacy and Civil Liberties Activities Pursuant to Section 803 of the Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53.

1. PURPOSE. This Directive establishes the policy of the Department of the Treasury (“Treasury” or “Department”) with respect to the activities of the Chief Privacy and Civil Liberties Officer (CPCLO) as directed by Section 803 of the Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53.  This Directive also authorizes, at the discretion of the CPCLO, the issuance of a handbook or other guidance to implement this policy.
2. SCOPE. This Directive applies to all bureaus, offices, and organizations in the Department of the Treasury, with the exception of the Offices of Inspector General. The provisions of this Directive shall not be construed to interfere with or impede the authorities or independence of the Offices of Inspector General. 
3. POLICY. It is the policy of the Department to protect the privacy and civil liberties of individuals by ensuring that due consideration and regard for information privacy and civil liberties are addressed in the execution of Departmental programs and policies.
4. RESPONSIBILITIES.
   1. The Assistant Secretary for Management has been designated as the Treasury Department’s Chief Privacy and Civil Liberties Officer and shall:
      1. 1) assist Department leadership, heads of offices, and bureaus in appropriately considering privacy and civil liberties concerns when such officials are proposing, developing, or implementing laws, regulations, policies, procedures, or guidelines related to efforts to protect the Nation against terrorism;
      2. 2) periodically investigate and review Department or bureau actions, policies, procedures, guidelines, and related laws and their implementation to ensure that the Department or bureaus and offices are adequately considering privacy and civil liberties in its actions; 
      3. 3) ensure that the Department and its bureaus and offices have adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege the Department or its bureaus and offices have violated their privacy or civil liberties, and adequate procedures to protect against reprisals or threats of reprisals against employees who make a complaint or disclose information that indicates a possible violation of privacy protections or civil liberties in the Department’s or bureaus’ and offices’ administration of programs and operations;
      4. 4) assist in providing advice on proposals to retain or enhance a particular governmental power, and consider whether the Department or its bureaus and offices have established:
         1. a) that the need for the power is balanced with the need to protect privacy and civil liberties;
         2. b) that there is adequate supervision of the use by the Department or its bureaus of the power to ensure protection of privacy and civil liberties; and
         3. c) that there are adequate guidelines and oversight to properly confine its use.
      5. 5) compile and forward the Department’s semiannual reports to Congress, the Secretary of the Treasury, and the Privacy and Civil Liberties Oversight Board, which shall be in unclassified form to the greatest extent possible, with a classified annex where necessary; and
      6. 6) make reports, including reports to Congress, available to the public to the greatest extent that is consistent with the protection of sensitive or classified information and applicable laws and regulations. 
   2. Heads of Bureaus shall:
      1. 1) establish internal procedures consistent with Section 803 and this Directive to ensure that the office or bureau appropriately considers privacy and civil liberties in program development and implementation; 
      2. 2) ensure that accurate and complete written reporting information that meets the requirements of Section 803 and this Directive are submitted in a timely manner to the CPCLO for reporting purposes; and
      3. 3) ensure that the bureaus or offices have adequate procedures to receive, investigate, respond to, and redress complaints from individuals who allege violation of their privacy or civil liberties, and adequate procedures to protect against reprisals or threats of reprisals against employees who make a complaint or disclose information that indicates a possible violation of privacy protections or civil liberties in the bureau’s or office’s administration of programs and operations.
5. AUTHORITIES.
   1. Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53.
   2. Treasury Order 102-25, Delegation of Authority Concerning Privacy and Civil Liberties.
6. REFERENCES.
   1. Privacy Act, 5 USC 552a, as amended.
   2. E-Government Act of 2002, P.L. 107-347
   3. Intelligence Reform and Terrorism Prevention Act of 2004, P.L. 108-458, as amended.
   4. Consolidated Appropriations Act 2005, P.L. 108-447, as amended.
   5. Executive Order 13353, Establishing the President’s Board on Safeguarding Americans’ Civil Liberties.
   6. Executive Order 13388, Further Strengthening the Sharing of Terrorism Information to Protect Americans.
   7. Intelligence Authorization Act for Fiscal Year 2014, P.L. 113-126
7. CANCELLATION. Treasury Directive 25-09, “Privacy and Civil Liberties Activities Pursuant to Section 803 of the Implementing Recommendations of the 9/11 Commission Act of 2007, P.L. 110-53,” dated September 3, 2008, is superseded.
8. OFFICES OF PRIMARY INTEREST. Office of the Deputy Assistant Secretary for Privacy and Treasury Records and the Office of the Assistant Secretary for Management.