[Federal Register Volume 68, Number 18 (Tuesday, January 28, 2003)]
[Notices]
[Pages 4220-4221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1891]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Privacy Act of 1974: As Amended; Revision to an Existing System
of Records
AGENCY: Office of the Secretary, Department of the Interior.
ACTION: Proposed revisions to an existing system of records.
-----------------------------------------------------------------------
SUMMARY: Under the Privacy Act of 1974, as amended (5 U.S.C. 552a), the
Department of the Interior is issuing public notice of its intent to
modify an existing Privacy Act system of records notice managed by the
Office of the Secretary entitled the ``Electronic Email Archive System
(EEAS)'', Interior--OS-10 (67 FR 46202-46203, dated July 12, 2002). The
revisions will update the ``Categories of individuals covered by the
system'' section.
EFFECTIVE DATE: These actions will be effective January 28, 2003.
FOR FURTHER INFORMATION CONTACT: For more information on the EEAS
system and its requirements, please contact Regina Lawrence, Office of
the Chief Information Officer, Department of the Interior at 202-208-
5413, or mail at MS-5312-MIB, 1849 C St. NW., Washington, DC 20240.
SUPPLEMENTARY INFORMATION: In this notice, the Department of the
Interior is proposing to add additional Departmental bureaus/offices
that will be participating in the EEAS to the ``Categories of
individuals covered by the system'' section. These additional bureaus/
offices are the Office of Surface Mining, the Bureau of Reclamation,
and the National Business Center. These bureaus/offices are being added
because they may also send or receive email with information related to
Indian Trust programs. The EEAS was developed as a way to respond to
information requests from the Court in the Cobell et al. v. Norton, et
al., Federal District Court Case No. 1:96CV01285 litigation.
Thus, the Department of the Interior proposes to amend EEAS,
Interior--OS-10 to read as follows:
Dated: January 23, 2003.
Marilyn A. Legnini,
Departmental Privacy Act Officer.
INTERIOR/OS-10
SYSTEM NAME:
Electronic Email Archive System (EEAS).
SECURITY CLASSIFICATION:
Sensitive, but unclassified.
SYSTEM LOCATION:
The records of this system are located at a digital safe site at a
location managed by the contractor for the Department of the Interior.
Only information maintained at this site by the contractor is
considered a Privacy Act system of records covered by this notice.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system contains information on individuals who send and receive
electronic messages using Internet email and interoffice email from and
to those Departmental bureaus/offices involved with Indian Trust
programs, and those individuals who are referred to in the electronic
messages. These bureaus/offices are as follows: Office of the
Solicitor; Bureau of Indian Affairs; Office of the Special Trustee for
American Indians; Office of the Assistant Secretary--Indian Affairs;
Bureau of Land Management; Office of the Assistant Secretary--Policy,
Management, and Budget; Office of Hearings and Appeals; Office of
Historical Trust Accounting; Office of the Secretary; the Minerals
Management Service; the United States Geological Survey; the National
Park Service; and the U.S. Fish and Wildlife Service. The following
bureau/offices are being added to the EEAS because the Court is
concerned that they may send or receive email containing individual
Indian Trust related information: the Office of Surface Mining; the
Bureau of Reclamation; and the National Business Center.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records include information from Internet email and interoffice
email, including address of sender and receiver(s), subject, date sent
or received, text of the message, name of attachment, attachment text,
and certification status. The name and email address of the sender and
receiver are captured along with the bcc, cc, subject line, and text of
the message.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301, 43 CFR part 1455, and 40 CFR part 1441.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The system's main purpose is to respond to requests from the
federal district court in Cobell v. Norton regarding information about
individual Indian Trust programs that is embodied in email
communication.
Disclosures outside the Department of the Interior can be made to:
(a) Contractors who service and maintain the system for the
Department, ensuring that all provisions of the Privacy Act, and all
other applicable laws, regulations, and policies relating to
contracting and record security are met.
(b) Another Federal agency to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
(c)(1) To any of the following entities or individuals.
(A) The Department of Justice (DOJ), or
(B) To a court, adjudicative or other administrative body, or
(C) To a party in litigation before a court or adjudicative or
administrative body, or
(D) The Department or any component of the Department, or
(E) Any Department employee acting in his or her official capacity,
or
(F) Any Departmental employee acting in his or her individual
capacity if the Department or the DOJ has agreed to represent that
employee or pay for private representation of the employee,
[[Page 4221]]
(2) When:
(A) One of the following is a party to the proceeding or has an
interest in the proceeding:
(i) The Department or any component of the Department;
(ii) Any Department employee acting in his or her official
capacity;
(iii) Any Departmental employee acting in his or her individual
capacity if the Department or the DOJ has agreed to represent that
employee or pay for private representation of the employee;
(iv) The United States, when the DOJ determines that the Department
is likely to be affected by the proceeding; and
(B) The Department deems the disclosure to be:
(i) Relevant and necessary to the proceeding; and
(ii) Compatible with the purposes for which the records were
compiled.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Information in this system of records is maintained in electronic
format on a system hard drive.
Retrievability:
This specific system has the capability of performing searches
through email archive information identified in the ``Category of
records'' section above using any word or number criteria. This
capability makes it unique from other email archive systems that are
maintained by Interior bureaus/offices, and therefore, this system
becomes subject to Privacy Act requirements.
Safeguards:
The contractor maintaining this system must follow the requirements
under 5 U.S.C. 552a(e)(10) and 43 CFR 2.51 for security standards. A
security plan was developed to prevent unauthorized access to the
system. The plan addresses application security, administration/user
security, and application agreements. Access to the system is limited
to authorized personnel whose official duties require such access. The
EEAS system will be maintained at the Government contractor's facility
at a secured data center.
Retention and disposal:
Records in this system will be retained indefinitely pending
completion of Cobell et al. v. Norton, et al., U.S.D.C. D.C., No.
1:96CV01285 or until the Court orders the Department to retain/dispose
of these records differently.
System manager(s) and address:
The Technology Services Division, Administrative Operations
Directorate, National Business Center, Department of the Interior, MS-
1540-MIB, 1849 C St. NW., Washington, DC 20240.
Notification procedures:
To determine whether your records are in this Privacy Act system of
records, contact the Privacy Act Officer at the bureau/office from
which your email message was sent or where it was received (see list of
participating bureau/offices identified in the ``Categories of
individuals'' section above). Interior bureaus/offices are listed at
the Department of the Interior Web site at http://www.doi.gov. The
request must meet the requirements of 43 CFR 2.60. Provide the
following information with your request:
(a) Proof of your identity;
(b) List of all the names by which you have been known, such as
maiden name or alias;
(c) Your Social Security Number;
(d) Your mailing address;
(e) Time period(s) that records pertaining to you may have been
created or maintained, to the extent known by you (See 43 CFR
2.60(b)(3)); and
(f) Specific description or identification of the records you are
requesting (including whether you are asking for a copy of all of your
records or only a specific part of them), and the maximum amount of
money that you are willing to pay for their copying (See 43 CFR
2.63(b)(4)).
Record access procedures:
To request access to records, follow procedures in the
``Notification procedure'' section above. The request must meet the
requirements of 43 CFR 2.63. Provide with your request the same
information identified in the ``Notification procedures'' sections.
Contesting record procedures:
To request an amendment of a record, send requests in writing to
the contacts identified in the ``Notification procedure'' section
above. The request must meet the requirements of 43 CFR 2.71.
Records source categories:
Some information maintained in the system is collected from mag-
tapes provided by Interior bureau/office email backup systems from
those installations identified in the ``Categories of individuals''
section above. This information is downloaded onto a hard drive managed
by the contractor and stored digitally. Information from Interior
bureau/office e-mail servers will be captured in real time, transmitted
electronically through secured networks, and captured and stored
electronically into the EEAS.
Exemptions claimed for the system:
None.
[FR Doc. 03-1891 Filed 1-27-03; 8:45 am]
BILLING CODE 4310-02-P