[Federal Register Volume 73, Number 239 (Thursday, December 11, 2008)]
[Notices]
[Pages 75461-75463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29398]
[[Page 75461]]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
[Docket No. DHS-2008-0161]
Privacy Act of 1974; Science & Technology Directorate-002
Personnel Radiation Exposure Records System of Records
AGENCY: Privacy Office; DHS.
ACTION: Notice of Privacy Act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974 and as part of the
Department of Homeland Security's ongoing effort to review and update
legacy system of records notices, the Department of Homeland Security
is giving notice that it proposes to update and reissue the following
legacy record system as it related specifically to Department of
Homeland Security/Directorate of Science & Technology activities, DOE-
35 Personnel Radiation Exposure Records as a Department of Homeland
Security system of records notice titled, Personnel Radiation Exposure
Records. To the extent the Department of Energy continues to use this
SORN, the Department of Homeland Security is not changing the SORN for
the Department of Energy. Categories of individuals and categories of
records have been reviewed and updated, and the routine uses of this
legacy system of records notice have been updated to better reflect the
Department of Homeland Security/Directorate of Science & Technology
personnel radiation exposure record system. This new system will be
included in the Department of Homeland Security's inventory of record
systems.
DATES: Written comments must be submitted on or before January 12,
2009. This new system will be effective January 12, 2009.
ADDRESSES: You may submit comments, identified by docket number DHS-
2008-0161 by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 1-866-466-5370.
Mail: Hugo Teufel III, Chief Privacy Officer, Privacy
Office, Department of Homeland Security, Washington, DC 20528.
Instructions: All submissions received must include the
agency name and docket number for this rulemaking. All comments
received will be posted without change and may be read at http://www.regulations.gov, including any personal information provided.
Docket: For access to the docket, to read background
documents, or comments received, go to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: For general questions please contact:
Ian Rosenblum (202-254-6638), the Directorate of Science & Technology
Safety, Health, Environmental, & Energy Programs Manager, the
Directorate of Science & Technology. For privacy issues please contact:
Hugo Teufel III (703-235-0780), Chief Privacy Officer, Privacy Office,
U.S. Department of Homeland Security, Washington, DC 20528.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to the savings clause in the Homeland Security Act of
2002, Public Law 107-296, Section 1512, 116 Stat. 2310 (November 25,
2002), the Department of Homeland Security (DHS)/Directorate of Science
& Technology (S&T) have relied on preexisting Privacy Act systems of
records notices for the collection and maintenance of records that
concern personnel who are exposed to radiation, uranium, transuranics,
and other elements encountered in the nuclear industry.
As part of its efforts to streamline and consolidate its record
systems, DHS is updating and reissuing a system of records under the
Privacy Act (5 U.S.C. 552a) that deals with personnel who are exposed
to radiation, uranium, transuranics, and other elements encountered in
the nuclear industry. This record system will allow DHS/S&T to collect
and maintain records regarding any individuals who are exposed to
radiation, uranium, transuranics, and other elements encountered in the
nuclear industry. The collection and maintenance of this information
will assist DHS/S&T in meeting its obligation to record any individuals
who are exposed to radiation, uranium, transuranics, and other elements
encountered in the nuclear industry.
In accordance with the Privacy Act of 1974 and as part of DHS's
ongoing effort to review and update legacy system of records notices,
DHS is giving notice that it proposes to update and reissue the
following legacy record system DOE-35 Personnel Radiation Exposure
Records (60 FR 33510 June 28, 1995) as a DHS/S&T system of records
notice titled, Personnel Radiation Exposure Records. To the extent the
Department of Energy (DOE) continues to use this SORN, DHS is not
changing the SORN for DOE. Categories of individuals and categories of
records have been reviewed, and the routine uses of this legacy system
of records notice have been updated to better reflect the DHS/S&T
personnel radiation exposure record system. This new system will be
included in DHS's inventory of record systems.
II. Privacy Act
The Privacy Act embodies fair information principles in a statutory
framework governing the means by which the United States Government
collects, maintains, uses, and disseminates individuals' records. The
Privacy Act applies to information that is maintained in a ``system of
records.'' A ``system of records'' is a group of any records under the
control of an agency for which information is retrieved by the name of
an individual or by some identifying number, symbol, or other
identifying particular assigned to the individual. In the Privacy Act,
an individual is defined to encompass United States citizens and legal
permanent residents. As a matter of policy, DHS extends administrative
Privacy Act protections to all individuals where systems of records
maintain information on U.S. citizens, lawful permanent residents, and
visitors. Individuals may request access to their own records that are
maintained in a system of records in the possession or under the
control of DHS by complying with DHS Privacy Act regulations, 6 CFR
part 5.
The Privacy Act requires each agency to publish in the Federal
Register a description denoting the type and character of each system
of records that the agency maintains, and the routine uses that are
contained in each system in order to make agency record keeping
practices transparent, to notify individuals regarding the uses of
their records, and to assist individuals to more easily find such files
within the agency. Below is the description of the Personnel Radiation
Exposure Records System of Records.
In accordance with 5 U.S.C. 552a(r), DHS has provided a report of
this new system of records to the Office of Management and Budget and
to Congress.
System of Records: DHS/S&T-002
System name:
The Directorate of Science & Technology Personnel Radiation
Exposure Records
Security classification:
Unclassified.
[[Page 75462]]
System location:
Records are maintained at the S&T Headquarters in Washington, DC
and field offices.
Categories of individuals covered by the system:
Categories of individuals covered by this system include DHS/S&T
personnel, contractor personnel, and any other persons who have access
to certain DHS/S&T facilities and have been exposed to radiation.
Categories of records in the system:
Categories of records in this system include:
Individual's name;
Social security number;
Date of birth;
Gender;
Alphanumeric code assigned as part of radiation analysis;
Accident/investigation records
Film badges used to measure radiation exposure;
Dosimetry records;
Previous employee records;
Individual's radiation exposure record, including date(s)
of exposure;
Other records in connection with registries of uranium,
transuranics, or other elements encountered in the nuclear industry.
Authority for maintenance of the system:
5 U.S.C. 301; the Federal Records Act, 44 U.S.C. 3101.
Purpose(s):
The purpose of this system is to document personnel and other
individuals who are exposed to radiation, uranium, transuranics, and
other elements encountered in the nuclear industry while at a DHS/S&T
facility.
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records of
information contained in this system may be disclosed outside DHS as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
A. To the Department of Justice or other Federal agency conducting
litigation or in proceedings before any court, adjudicative or
administrative body, when it is necessary to the litigation and one of
the following is a party to the litigation or has an interest in such
litigation:
1. DHS or any component thereof;
2. Any employee of DHS in his/her official capacity;
3. Any employee of DHS in his/her individual capacity where DOJ or
DHS has agreed to represent the employee; or
4. The United States or any agency thereof, is a party to the
litigation or has an interest in such litigation, and DHS determines
that the records are both relevant and necessary to the litigation and
the use of such records is compatible with the purpose for which DHS
collected the records.
B. To a congressional office from the record of an individual in
response to an inquiry from that congressional office made at the
request of the individual to whom the record pertains.
C. To the National Archives and Records Administration or other
Federal government agencies pursuant to records management inspections
being conducted under the authority of 44 U.S.C. 2904 and 2906.
D. To an agency, organization, or individual for the purpose of
performing audit or oversight operations as authorized by law, but only
such information as is necessary and relevant to such audit or
oversight function.
E. To appropriate agencies, entities, and persons when:
1. DHS suspects or has confirmed that the security or
confidentiality of information in the system of records has been
compromised;
2. The Department has determined that as a result of the suspected
or confirmed compromise there is a risk of harm to economic or property
interests, identity theft or fraud, or harm to the security or
integrity of this system or other systems or programs (whether
maintained by DHS or another agency or entity) or harm to the
individual who relies upon the compromised information; and
3. The disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DHS's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
F. To contractors and their agents, grantees, experts, consultants,
and others performing or working on a contract, service, grant,
cooperative agreement, or other assignment for DHS, when necessary to
accomplish an agency function related to this system of records.
Individuals provided information under this routine use are subject to
the same Privacy Act requirements and limitations on disclosure as are
applicable to DHS officers and employees.
G. To an appropriate Federal, State, tribal, local, international,
or foreign law enforcement agency or other appropriate authority
charged with investigating or prosecuting a violation or enforcing or
implementing a law, rule, regulation, or order, where a record, either
on its face or in conjunction with other information, indicates a
violation or potential violation of law, which includes criminal,
civil, or regulatory violations and such disclosure is proper and
consistent with the official duties of the person making the
disclosure.
H. To the U.S. Navy to monitor radiation exposure of Naval and
other personnel at Navy activities.
I. To the Department of Energy (DOE), States departments of labor,
and industry groups to monitor radiation exposure of personnel.
J. To the Department of Defense to identify DOD and DOD-contractor
personnel exposed to ionizing radiation during nuclear testing, and for
conducting epidemiological studies of radiation effects on identified
individuals.
K. To the National Academy of Sciences, Center for Disease Control,
National Institute of Occupational Safety and Health, the Department of
Health and Human Services, the National Council on Radiation Protection
and Measurements, and other organizations focused on this subject
matter, to conduct epidemiological studies of the effects of radiation
on individuals exposed to ionizing radiation.
L. To the National Institute of Occupational Safety and Health to
conduct epidemiological studies of workers at DOE's Portsmouth Gaseous
Diffusion Plant in Piketon, Ohio.
M. To a court, magistrate, or administrative tribunal in the course
of presenting evidence, including disclosures to opposing counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal law proceedings or in
response to a subpoena from a court of competent jurisdiction.
N. To appropriate Federal, State, local, tribal, or foreign
governmental agencies or multilateral governmental organizations for
the purpose of protecting the vital interests of data subjects or other
persons, including to assist such agencies or organizations in
preventing exposure to or transmission of a communicable or
quarantinable disease or to combat other significant public health
threats; appropriate notice will be provided of any identified health
threat or risk.
O. To the news media and the public, with the approval of the Chief
Privacy Officer in consultation with counsel, when there exists a
legitimate public interest in the disclosure of the
[[Page 75463]]
information or when disclosure is necessary to preserve confidence in
the integrity of DHS or is necessary to demonstrate the accountability
of DHS's officers, employees, or individuals covered by the system,
except to the extent it is determined that release of the specific
information in the context of a particular case would constitute an
unwarranted invasion of personal privacy.
Disclosure to consumer reporting agencies:
None.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Records in this system are stored electronically or on paper in
secure facilities in a locked drawer behind a locked door. The records
are stored on magnetic disc, tape, digital media, and CD-ROM.
Retrievability:
Records may be retrieved by name, alphanumeric code (an identifier
assigned to an individual by the vendor who performs the analysis of
the radiation monitor), date(s) of exposure, and social security
number.
Safeguards:
These records are protected by employing a multi-layer security
approach to prevent unauthorized access to sensitive data through
appropriate administrative, physical, and technical safeguards.
Protective strategies such as implementing physical access controls at
DHS facilities; ensuring confidentiality of communications using tools
such as encryption, authentication of sending parties, and
compartmentalizing databases; and employing auditing software and
personnel screening to ensure that all personnel with access to data
are screened through background investigations commensurate with the
level of access required to perform their duties. All S&T electronic
records are secured in full compliance with the requirements of DHS IT
Security Program Handbook. This handbook establishes a comprehensive
information security program.
Retention and disposal:
S&T has submitted a proposed records retention and disposal
schedule to NARA to maintain the records for seventy-five years. Health
problems caused by radiation (such as cancer) can take years to
manifest and can reoccur multiple times during an individual's life.
Therefore, S&T will retain the records for 75 years so that, if an
individual has problems they believe are attributable to radiation
exposure received as a government employee, the government will have
those records available and will be able to provide an accurate
accounting of an individual's exposure. Until NARA approves a records
retention and disposal schedule, S&T will retain the records
indefinitely. Upon receiving the approved schedule, S&T will dispose of
records according to NARA's instructions.
System Manager and address:
S&T Safety, Health, Environmental, & Energy Programs Manager, Mail
Stop: 2100, Department of Homeland Security, 245 Murray Lane, SW.,
Washington, DC 20528.
Notification procedure:
Individuals seeking notification of and access to any record
contained in this system of records, or seeking to contest its content,
may submit a request in writing to S&T FOIA Coordinator, Mail Stop:
2100, Department of Homeland Security, 245 Murray Lane, SW.,
Washington, DC 20528. Specific FOIA contact information can be found at
http://www.dhs.gov/foia under ``contacts.''
When seeking records about yourself from this system of records or
any other S&T system of records your request must conform with the
Privacy Act regulations set forth in 6 CFR part 5. You must first
verify your identity, meaning that you must provide your full name,
current address and date and place of birth. You must sign your
request, and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. While no specific form is
required, you may obtain forms for this purpose from the Director,
Disclosure and FOIA, http://www.dhs.gov or 1-866-431-0486. In addition
you should provide the following:
An explanation of why you believe the Department would
have information on you,
Specify when you believe the records would have been
created,
If your request is seeking records pertaining to another
living individual, you must include a statement from that individual
certifying his/her agreement for you to access his/her records.
Without this bulleted information the S&T may not be able to
conduct an effective search, and your request may be denied due to lack
of specificity or lack of compliance with applicable regulations.
Record access procedures:
See ``Notification procedure'' above.
Contesting record procedures:
See ``Notification procedure'' above.
Record source categories:
Individual, accident/incident investigations, film badges,
dosimetry records, and previous employee records.
Exemptions claimed for the system:
None.
Dated: December 2, 2008.
Hugo Teufel III,
Chief Privacy Officer, Department of Homeland Security.
[FR Doc. E8-29398 Filed 12-10-08; 8:45 am]
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