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Additionally, information may be shared when DHS reasonably believes such use is to assist in anti-terrorism efforts or intelligence gathering related to national or international security or transnational crime.
Hyde United States Global Leadership Against HIV/AIDS, Tuberculosis, and Malaria Reauthorization Act of 2008, which the President signed on July 30, 2008. Individuals who possess a valid visa will still be able to travel to the United States on that visa for the purpose for which it was issued.
This retention is consistent both with CBP’s border search authority and with the border security mission mandated for CBP by Congress.
Data linked to active law enforcement lookout records, CBP matches to enforcement activities, and/or investigations or cases, including applications for ESTA that are denied, will remain accessible for the life of the law enforcement activities to which they are related.
Access to such information is limited to those with a professional need to know. DHS will then maintain this information for an additional year after which it will be archived for 12 years to allow retrieval for law enforcement, national security or investigatory purposes.
Once the information is archived, the number of officials with access to it is further limited.
Therefore, an individual who is HIV-positive should not indicate that he or she has a communicable disease of public health significance when applying for an ESTA, based on his or her HIV status alone.