[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Notices]
[Pages 45527-45530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16627]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[16XD4523WS DWSNN0000.XD0000 DS67010000 DP67012]
Privacy Act of 1974, as Amended; Notice To Amend an Existing
System of Records
AGENCY: Office of the Secretary, Interior.
ACTION: Notice of amendment to an existing system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Interior is issuing a public notice of
its intent to amend the Department of the Interior Privacy Act system
of records, ``Privacy Act Files--Interior, DOI-57'', to add new routine
uses, and update existing routine uses, system location, categories of
individuals covered by the system, categories of records in the system,
authority for maintenance of the system, storage, safeguards, retention
and disposal, system manager and address, notification procedures,
records access and contesting procedures, records source categories,
and exemption sections.
DATES: Comments must be received by August 15, 2016. This amended
system will be effective August 15, 2016.
ADDRESSES: Any person interested in commenting on this amendment may do
so by: Submitting comments in writing to Teri Barnett, Departmental
Privacy Officer, U.S. Department of the Interior, 1849 C Street NW.,
Mail Stop 5545 MIB, Washington, DC 20240; hand-delivering comments to
Teri Barnett, Departmental Privacy Officer, U.S. Department of the
Interior, 1849 C Street NW., Mail Stop 5545 MIB, Washington, DC 20240;
or emailing comments to [email protected].
FOR FURTHER INFORMATION CONTACT: Departmental Privacy Officer, U.S.
Department of the Interior, 1849 C Street NW., Mail Stop 5547 MIB,
Washington, DC 20240; or by telephone at 202-208-1605.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of the Interior (DOI) maintains the ``Privacy Act
Files--Interior, DOI-57'' system of records. This system enables DOI to
efficiently manage Privacy Act Program activities; supports the
processing and tracking of notification, record access and amendment
requests, and administrative appeals under the Privacy Act; conduct and
manage complaints; supports agency participation in litigation arising
from such requests, complaints, and appeals; and carry out any other
responsibilities under the provisions of the Privacy Act. DOI is
publishing this amended notice to reflect updated information in the
system location, categories of individuals covered by the system,
categories of records in the system, authority for maintenance of the
system, storage, safeguards, retention and
[[Page 45528]]
disposal, system manager and address, notification procedures, records
access and contesting procedures, records source categories, and
exemption sections.
Additionally, DOI is modifying existing routine uses to reflect
updates consistent with standard DOI routine uses, and adding new
routine uses to permit sharing of information with: (1) The Office of
Management and Budget (OMB) in relation to legislative affairs mandates
by OMB Circular A-19; (2) the Department of the Treasury to recover
debts owed to the United States; (3) the National Archives and Records
Administration (NARA) to conduct records management inspections; (4)
NARA, Office of Government Information Services (OGIS) to assist and
facilitate the resolution of disputes, to the extent such a dispute
involves a combined Freedom of Information Act and Privacy Act request
for agency records; (5) Federal, state, territorial, local, tribal, or
foreign agencies when there is an indication of a violation of law; (6)
Federal, state, territorial, local, tribal, or foreign agencies when
relevant for hiring and retention, or issuance of security clearance,
license, contract, grant or benefit; (7) appropriate government
agencies and organizations to provide information in response to court
orders or for discovery purposes related to litigation; (8) an expert,
consultant, or contractor that performs services on DOI's behalf to
carry out the purposes of the system; (9) another Federal agency to
assist that agency in responding to an inquiry by the individual to
whom that record pertains; and (10) the news media and the public, with
approval by the Public Affairs Officer and Senior Agency Official for
Privacy in consultation with Counsel.
The Privacy Act records in this system may also be maintained in
other DOI systems of records, ``Electronic FOIA Tracking System and
FOIA Case Files--Interior, DOI-71'' (67 FR 58817) for combined FOIA and
Privacy Act requests, and ``Freedom of Information Act Appeals Files--
Interior, OS-69'' (64 FR 16986) for appeals filed on Privacy Act
requests or combined FOIA and Privacy Act requests. DOI last published
a system notice in the Federal Register on March 24, 1999 (64 FR 14258)
and published an amended notice on February 13, 2008 (73 FR 8342).
The amendments to the system will be effective as proposed at the
end of the comment period (the comment period will end 30 days after
the publication of this notice in the Federal Register), unless
comments are received which would require a contrary determination. DOI
will publish a revised notice if changes are made based upon a review
of the comments received.
II. Privacy Act
The Privacy Act of 1974, as amended, embodies fair information
practice principles in a statutory framework governing the means by
which Federal agencies collect, maintain, use, and disseminate
individuals' personal information. The Privacy Act applies to records
about individuals that are 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. The Privacy Act defines an individual as a
United States citizen or lawful permanent resident. As a matter of
policy, DOI extends administrative Privacy Act protections to all
individuals. Individuals may request access to their own records that
are maintained in a system of records in the possession or under the
control of DOI by complying with DOI Privacy Act regulations at 43 CFR
part 2, subpart K.
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, the routine uses of each system
to make agency recordkeeping practices transparent, to notify
individuals regarding the uses of their records, and to assist
individuals to more easily find such records within the agency. The
amended ``Privacy Act Files--Interior, DOI-57'' system of records
notice is published in its entirety below.
In accordance with 5 U.S.C. 552a(r), DOI has provided a report of
this system of records to the Office of Management and Budget and to
Congress.
III. Public Disclosure
Before including your address, phone number, email address, or
other personal identifying information in your comment, you should be
aware that your entire comment, including your personal identifying
information, may be made publicly available at any time. While you can
ask us in your comment to withhold your personal identifying
information from public review, we cannot guarantee that we will be
able to do so.
Dated: July 8, 2016.
Teri Barnett,
Departmental Privacy Officer.
SYSTEM NAME:
Privacy Act Files, DOI-57.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This system is maintained by the Departmental Privacy Office,
Office of the Chief Information Officer, U.S. Department of the
Interior, 1849 C Street NW., Mail Stop 5545 MIB, Washington, DC 20240;
other Department of the Interior Office of the Secretary program
offices that maintain or process Privacy Act requests, complaints, or
appeals; and Department of the Interior bureaus and offices responsible
for managing Privacy Act programs and maintaining records about Privacy
Act requests, complaints, or appeals. Visit the Department of the
Interior Privacy Program Web site for a list of the Department's
Privacy contacts: https://www.doi.gov/privacy/contacts.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals or their representatives who have submitted Privacy Act
requests for notification of the existence of, access to, and petitions
for amendment of records; individuals or their representatives who have
filed a Privacy Act complaint; individuals or their representatives who
have filed Privacy Act appeals; individuals who are the subject of such
requests, complaints, or appeals; officials who may be involved in any
Privacy Act request, complaint, or appeal; and DOI personnel assigned
to handle such requests, complaints, or appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records created or compiled in response to
Privacy Act requests, complaints, and appeals; records relating to
accounting of disclosures pursuant to the requirements of the Privacy
Act; and records relating to general agency implementation of the
Privacy Act. These records may include the original requests,
complaints, or appeals; responses to such requests, complaints, or
appeals; related memoranda, email, correspondence, notes, accounting of
disclosure forms, reports, notices, and other related or supported
documentation; and copies of requested records, contested records, and
records under appeal. These records may contain the following
information: Names, Social Security numbers, dates
[[Page 45529]]
of birth, home and work addresses, email addresses, telephone numbers,
fax numbers, other contact information, driver license numbers, tribal
identification numbers, other tribal enrollment data, unique case
identifiers, and any other information that is contained in the record
that is requested, contested, or is part of the record under appeal.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552a, The Privacy Act of 1974, as amended.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
The primary purpose of the Privacy Act Files system of records is
to enable DOI to efficiently manage Privacy Act activities. This system
supports the processing of notification, record access and amendment
requests, complaints, and administrative appeals under the Privacy Act;
supports agency participation in litigation arising from such requests,
complaints, and appeals; and assists DOI in carrying out any other
responsibilities under the provisions of the Privacy Act.
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 or
information contained in this system may be disclosed outside DOI as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
(1) (a) To any of the following entities or individuals, when the
circumstances set forth in paragraph (b) are met:
(i) The U.S. Department of Justice (DOJ);
(ii) A court or an adjudicative or other administrative body;
(iii) A party in litigation before a court or an adjudicative or
other administrative body; or
(iv) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(b) When:
(i) One of the following is a party to the proceeding or has an
interest in the proceeding:
(A) DOI or any component of DOI;
(B) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(C) Any DOI employee acting in his or her official capacity;
(D) Any DOI employee acting in his or her individual capacity if
DOI or DOJ has agreed to represent that employee or pay for private
representation of the employee;
(E) The United States, when DOJ determines that DOI is likely to be
affected by the proceeding; and
(ii) DOI deems the disclosure to be:
(A) Relevant and necessary to the proceeding; and
(B) Compatible with the purpose for which the records were
compiled.
(2) To a congressional office in response to a written inquiry that
an individual covered by the system, or the heir of such individual if
the covered individual is deceased, has made to the office.
(3) To any criminal, civil, or regulatory law enforcement authority
(whether Federal, state, territorial, local, tribal or foreign) when a
record, either alone or in conjunction with other information,
indicates a violation or potential violation of law--criminal, civil,
or regulatory in nature, and the disclosure is compatible with the
purpose for which the records were compiled.
(4) To an official of another Federal agency to provide information
needed in the performance of official duties related to reconciling or
reconstructing data files or to enable that agency to respond to an
inquiry by the individual to whom the record pertains.
(5) To Federal, state, territorial, local, tribal, or foreign
agencies that have requested information relevant or necessary to the
hiring, firing or retention of an employee or contractor, or the
issuance of a security clearance, license, contract, grant or other
benefit, when the disclosure is compatible with the purpose for which
the records were compiled.
(6) To representatives of the National Archives and Records
Administration (NARA) to conduct records management inspections under
the authority of 44 U.S.C. 2904 and 2906.
(7) To state, territorial and local governments and tribal
organizations to provide information needed in response to court order
and/or discovery purposes related to litigation, when the disclosure is
compatible with the purpose for which the records were compiled.
(8) To an expert, consultant, or contractor (including employees of
the contractor) of DOI that performs services requiring access to these
records on DOI's behalf to carry out the purposes of the system.
(9) To appropriate agencies, entities, and persons when:
(a) It is suspected or confirmed that the security or
confidentiality of information in the system of records has been
compromised; and
(b) DOI has determined that as a result of the suspected or
confirmed compromise there is a risk of harm to economic or property
interest, identity theft or fraud, or harm to the security or integrity
of this system or other systems or programs (whether maintained by DOI
or another agency or entity) that rely upon the compromised
information; and
(c) The disclosure is made to such agencies, entities and persons
who are reasonably necessary to assist in connection with DOI's efforts
to respond to the suspected or confirmed compromise and prevent,
minimize, or remedy such harm.
(10) To the Office of Management and Budget (OMB) during the
coordination and clearance process in connection with legislative
affairs as mandated by OMB Circular A-19.
(11) To the Department of the Treasury to recover debts owed to the
United States.
(12) To the news media and the public, with the approval of the
Public Affairs Officer in consultation with Counsel and the Senior
Agency Official for Privacy, where there exists a legitimate public
interest in the disclosure of the information, 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.
(13) To a debt collection agency for the purpose of collecting
outstanding debts owed to the Department for fees associated with
processing Privacy Act requests.
(14) To other Federal, state, and local agencies having a subject
matter interest in a request or an appeal or a decision thereon.
(15) To another Federal agency to assist that agency in responding
to an inquiry by the individual to whom that record pertains.
(16) To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(b), to review
administrative agency policies, procedures and compliance with the
Freedom of Information Act (FOIA), and to facilitate OGIS's offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies, and to the extent such a dispute
involves a combined FOIA and Privacy Act request for agency records.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made to a
consumer reporting agency as defined in the Fair
[[Page 45530]]
Credit Reporting Act (15 U.S.C. 1681a(f)) or the Federal Claims
Collection Act of 1996 (31 U.S.C. 3701(a)(3)).
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE:
Paper records are contained in file folders stored within filing
cabinets in secured rooms. Electronic records are contained in
computers, compact discs, computer tapes, removable drives, email,
diskettes, and electronic databases.
RETRIEVABILITY:
Information can be retrieved by specific data elements including:
The name of the requester and case tracking number.
SAFEGUARDS:
The records contained in this system are safeguarded in accordance
with 43 CFR 2.226 and other applicable security and privacy rules and
policies. During normal hours of operation, paper records are
maintained in locked filed cabinets under the control of authorized
personnel. Computerized records systems follow the National Institute
of Standards and Technology privacy and security standards as developed
to comply with the Privacy Act of 1974 (5 U.S.C. 552a); Public Law 93-
579), the Paperwork Reduction Act of 1995 (Pub. L. 104-13); the Federal
Information Security Modernization Act of 2014 (Pub. L. 113-283, 44
U.S.C. 3554); and the Federal Information Processing Standards 199,
Standards for Security Categorization of Federal Information and
Information Systems. Computer servers on which electronic records are
stored are located in secured DOI facilities with physical, technical
and administrative levels of security to prevent unauthorized access to
the DOI network and information assets. Security controls include
encryption, firewalls, audit logs, and network system security
monitoring.
Electronic data is protected through user identification,
passwords, database permissions and software controls. Access to
records in the system is limited to authorized personnel who have a
need to access the records in the performance of their official duties,
and each user's access is restricted to only the functions and data
necessary to perform that person's job responsibilities. System
administrators and authorized users are trained and required to follow
established internal security protocols and must complete all security,
privacy, and records management training and sign the DOI Rules of
Behavior.
RETENTION AND DISPOSAL:
Records in this system are maintained under Departmental Records
Schedule (DRS) 1--Administrative Records, which has been approved by
NARA (DAA-0048-2013-0001). DRS-1 is a Department-wide records schedule
that covers Privacy Act request files, correspondence, reports, and
program administration records related to implementation of the Privacy
Act. The disposition for these records is temporary. Privacy Act
request files, correspondence, and other short-term administration
records are destroyed three years after cut-off, which is generally
after the date of reply or the end of the fiscal year in which files
are created. Long-term records that require additional retention, such
as denials, amendment case files, and files regarding erroneous release
of personal information not associated with specific individuals, are
destroyed seven years after cut-off, which is generally when the record
is closed.
Records not covered by DRS-1 are maintained under General Records
Schedule (GRS) 4.2, Information Access and Protection Records. GRS 4.2
item 050, Privacy Act Accounting of Disclosure files, are disposed of
in accordance with the subject individual records, or five years after
the disclosure, whichever is later. GRS 4.2 item 060, erroneous release
files associated with specific records, generally follow the original
records disposition or are destroyed six years after the erroneous
release, whichever is later.
Paper records are disposed of by shredding or pulping, and records
contained on electronic media are degaussed or erased in accordance
with 384 Departmental Manual 1 and NARA guidelines.
SYSTEM MANAGER AND ADDRESS:
(1) Departmental Privacy Officer, Office of the Chief Information
Officer, U.S. Department of the Interior, 1849 C Street NW., Mail Stop
5545 MIB, Washington, DC 20240.
(2) DOI Bureau and Office Privacy Officers. To obtain a current
list of the Privacy Officers and their addresses, visit the DOI Privacy
Program Web site at https://www.doi.gov/privacy/contacts.
(3) Privacy Act System Managers. (Consult DOI system of records
notices for addresses of Privacy Act System Managers: https://www.doi.gov/privacy/sorn.)
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
on himself or herself should send a signed, written inquiry to the
applicable System Manager as identified above. The request envelope and
letter should both be clearly marked ``PRIVACY ACT INQUIRY.'' A request
for notification must meet the requirements of 43 CFR 2.235.
RECORDS ACCESS PROCEDURES:
An individual requesting records on himself or herself should send
a signed, written inquiry to the applicable System Manager as
identified above. The request should describe the records sought as
specifically as possible. The request envelope and letter should both
be clearly marked ``PRIVACY ACT REQUEST FOR ACCESS.'' A request for
access must meet the requirements of 43 CFR 2.238.
CONTESTING RECORDS PROCEDURES:
An individual requesting corrections or the removal of material
from his or her records should send a signed, written request to the
applicable System Manager as identified above. A request for
corrections or removal must meet the requirements of 43 CFR 2.246.
RECORD SOURCE CATEGORIES:
Information collected in this system is submitted by individuals or
their representatives filing Privacy Act requests, complaints, or
appeals; system managers or other officials involved in these requests,
complaints, or appeals; and DOI personnel processing these requests,
complaints, or appeals. Records are also obtained from DOI systems of
records from which Privacy Act requests are made. Information or
records in this system may be obtained from combined FOIA and Privacy
Act requests processed and maintained under the ``Electronic FOIA
Tracking System and FOIA Case Files--Interior, DOI-71'' system of
records; and from appeals records maintained under the ``Freedom of
Information Act Appeals Files--Interior, OS-69'' system of records.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
No exemptions are claimed for this system. However, to the extent
that copies of exempt records from other systems of records are entered
into this system, DOI claims the same exemptions for those records that
are claimed for the original primary systems of records from which they
originated.
[FR Doc. 2016-16627 Filed 7-13-16; 8:45 am]
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