[Federal Register: March 25, 2008 (Volume 73, Number 58)]
[Notices]
[Page 15828-15832]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25mr08-115]
=======================================================================
-----------------------------------------------------------------------
SOCIAL SECURITY ADMINISTRATION
Privacy Act of 1974; as Amended; New System of Records and New
Routine Use Disclosures
AGENCY: Social Security Administration (SSA).
ACTION: Proposed New System of Records and Proposed Routine Uses.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and
(e)(11)), we are issuing public notice of our intent to establish a new
system of records entitled Identity Protection Program (IPP) System,
60-0360, and routine uses applicable to this system of records.
Hereinafter, we will refer to the proposed system of records as the IPP
System. The proposed system of records will consist of information used
to provide enhanced protection for employees who reasonably believe
that they may be at risk of injury or other harm by the disclosure of
their work location and telephone number information, supporting
documentation, and the dispositions of the requests for program
participation. We invite public comments on this proposal.
DATES: We filed a report of the proposed new system of records and
proposed routine use disclosures with the Chairman of the Senate
Committee on Homeland Security and Governmental Affairs, the Chairman
of the House Committee on Government Reform, and the Director, Office
of Information and Regulatory Affairs, Office of Management and Budget
(OMB) on March 17, 2008. The proposed system of records and routine
uses will become effective on April 26, 2008, unless we receive
comments warranting it not to become effective.
ADDRESSES: Interested individuals may comment on this publication by
writing to the Executive Director, Office of Public Disclosure, Office
of the General Counsel, Social Security Administration, 3-A-6
Operations Building, 6401 Security Boulevard, Baltimore, Maryland
21235-6401. All comments received will be available for public
inspection at the above address.
FOR FURTHER INFORMATION CONTACT: Ms. Edie McCracken, Social Insurance
Specialist, Office of Public Disclosure, Office of the General Counsel,
Social Security Administration, 3-A-6 Operations Building, 6401
Security Boulevard, Baltimore, Maryland 21235, telephone at (410) 965-
6117, e-mail address at edie.mccracken@ssa.gov.
SUPPLEMENTARY INFORMATION:
I. Background and Purpose of the Proposed New System of Records
Entitled the IPP System
A. General Background
We approved a recommendation from a national committee on security
to implement a nationwide program to enhance the safety and security of
our employees who are victims, or potential victims, of domestic
violence. It was intended to safeguard the anonymity of at-risk
employees when requests for their work location and/or phone number
were received from individuals posing a threat to their personal
safety, by delaying the disclosure of the information when certain
conditions were met. This process would have entailed a change in our
policy that permitted such information requests to be honored. While no
action was ever taken on the recommendation, we amended our rules to
reflect a similar approach that strengthened our privacy and disclosure
rules to better safeguard employees who reasonably believe that they
may be at risk of injury or other harm by the disclosure of their work
location and telephone number.
B. Collection and Maintenance of the Data for the Proposed New System
of Records Entitled the IPP System
SSA will collect and maintain information that will be housed in
the IPP System from employees who have requested program participation
in the IPP from SSA officials. The information maintained in this
system of records will be maintained in paper and electronic formats
and will include information on all IPP requests made by employees.
This system contains such information as: (1) The employee's name,
personal identification number (PIN), supporting documentation
collected during the process, number of
[[Page 15829]]
requests made, whether those requests have been granted or denied; (2)
the employee's locator information and telephone number; (3) the number
of requests by Agency component that have been approved, and the number
denied; (4) the reasons for denial; and (5) amount of time to process
each request. We will retrieve information from the proposed system of
records by using the employee's name and/or PIN. Thus, the IPP System
constitutes a system of records under the Privacy Act.
II. Proposed Routine Use Disclosures of Data Maintained in the Proposed
IPP System
A. Proposed Routine Use Disclosures
We are proposing to establish routine uses of information that will
be maintained in the proposed IPP System as discussed below.
1. To the Office of the President for the purpose of responding to
an individual pursuant to an inquiry received from that individual or
from a third party on his or her behalf.
We will disclose information under this routine use only in
situations in which an individual may contact the Office of the
President, seeking that Office's assistance in a matter relating to
information contained in this system of records. We will disclose
information when the Office of the President makes an inquiry and
indicates that it is acting on behalf of the individual whose record is
requested.
2. To a congressional office in response to an inquiry from that
office made at the request of the subject of a record.
We will disclose information under this routine use only in
situations in which an individual may ask his or her congressional
representative to intercede in a matter relating to information
contained in this system of records. We will disclose information when
the congressional representative makes an inquiry and indicates that he
or she is acting on behalf of the individual whose record is requested.
3. To the Department of Justice (DOJ), a court or other tribunal,
or another party before such tribunal when:
(a) SSA, or any component thereof; or
(b) any SSA employee in his/her official capacity; or
(c) any SSA employee in his/her individual capacity where DOJ (or
SSA where it is authorized to do so) has agreed to represent the
employee; or
(d) the United States or any agency thereof where SSA determines
that the litigation is likely to affect the operations of SSA or any of
its components, is a party to the litigation or has an interest in such
litigation, and SSA determines that the use of such records by DOJ, a
court or other tribunal, or another party before such tribunal is
relevant and necessary to the litigation, provided, however, that in
each case, SSA determines that such disclosure is compatible with the
purpose for which the records were collected.
We will disclose information under this routine use only as
necessary to enable DOJ to effectively defend SSA, its components or
employees in litigation involving the proposed new system of records
and ensure that courts and other tribunals have appropriate
information.
4. To the Equal Employment Opportunity Commission (EEOC or
Commission) when requested in connection with investigations into
alleged or possible discriminatory practices in the Federal sector,
examination of Federal affirmative employment programs, compliance by
Federal agencies with the Uniform Guidelines on Employee Selection
Procedures, or other functions vested in the Commission.
We will disclose information to the EEOC, as necessary, to assist
in reassessing individuals' requests for program participation, to
assist in investigations into alleged or possible discriminatory
practices in the Federal sector, to combat and prevent fraud, waste and
abuse under the Rehabilitation Act of 1973, and for other functions
vested in the Commission.
5. To the Federal Labor Relations Authority, the General Counsel,
the Federal Mediation and Conciliation Service, the Federal Service
Impasses Panel, or an arbitrator when information is requested in
connection with investigations of allegations of unfair labor
practices, matters before an arbitrator or the Federal Impasses Panel.
We will disclose information about employees under this routine
use, as necessary, to the Federal Labor Relations Authority, the
General Counsel, the Federal Mediation and Conciliation Service, and
the Federal Service Impasses Panel, or an arbitrator in which all or
part of the allegations involve the Agency's providing program
participation for at-risk employees.
6. To the Office of Personnel Management, Merit Systems Protection
Board, or the Office of the Special Counsel, in connection with
appeals, special studies of the civil service and other merit systems,
review of those agencies' rules and regulations, investigation of
alleged or possible prohibited personnel practices, and other such
functions promulgated in 5 U.S.C. chapter 12, or as may be authorized
by law.
We will disclose information under this routine use, as necessary,
to the Office of Personnel Management, Merit Systems Protection Board
or the Office of the Special Counsel in which all or part of the
allegations in the appeal or action involve the Agency's providing
program participation for at-risk employees or disapproving such
participation.
7. To contractors and other Federal agencies, as necessary, for the
purpose of assisting SSA in the efficient administration of its
programs. We will disclose information under this routine use only in
situations in which SSA may enter into a contractual or similar
agreement with a third party to assist in accomplishing an Agency
function relating to this system of records.
We will disclose information under this routine use only in
situations in which SSA may enter into a contractual agreement or
similar agreement with a third party to assist in accomplishing an
Agency function relating to this system of records.
8. To student volunteers, individuals working under a personal
services contract, and other individuals performing functions for SSA,
who technically do not have the status of Agency employees, when they
are performing work for SSA, as authorized by law, and they need access
to the records in order to perform their assigned Agency functions.
Under certain Federal statutes, SSA is authorized to use the
service of volunteers and participants in certain educational,
training, employment and community service programs. Examples of such
statutes and programs include: 5 U.S.C. 3111 regarding student
volunteers and 42 U.S.C. 2753 regarding the College Work-Study Program.
We contemplate disclosing information under this routine use only when
SSA uses the services of these individuals and they need access to
information in this system to perform their assigned Agency duties.
9. To the General Services Administration (GSA) and the National
Archives and Records Administration (NARA) under 44 U.S.C. 2904 and
2906, as amended by the NARA Act of 1984, non-tax return information
which is not restricted from disclosure by Federal law for use by those
agencies in conducting records management studies.
The Administrator of GSA and the Archivist of NARA are charged by
44 U.S.C. 2904, as amended, with promulgating standards, procedures and
guidelines regarding record
[[Page 15830]]
management and conducting records management studies. 44 U.S.C. 2906,
as amended, provides that GSA and NARA are to have access to Federal
agencies' records and that agencies are to cooperate with GSA and NARA.
In carrying out these responsibilities, it may be necessary for GSA and
NARA to have access to this system of records. In such instances, the
routine use will facilitate disclosure.
10. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
To enable them to protect the safety of SSA employees and
the security of the SSA workplace, and the operation of SSA facilities,
or
To assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of SSA facilities.
We will disclose information under this routine use to law
enforcement agencies and private security contractors when information
is needed to investigate, prevent, or respond to activities that
jeopardize the security and safety of SSA employees or workplaces, or
that otherwise disrupt the operation of SSA facilities. Information
would also be disclosed to assist in the prosecution of persons charged
with violating Federal or local law in connection with such activities.
11. To appropriate Federal, State, and local agencies, entities,
and persons when (1) we suspect or confirm that the security or
confidentiality of information in this system of records has been
compromised; (2) we determine 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 of SSA that rely
upon the compromised information; and (3) we determine that disclosing
the information to such agencies, entities, and persons is necessary to
assist in our efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm. SSA will use
this routine use to respond only to those incidents involving an
unintentional release of its records.
This routine use specifically permits the disclosure of SSA
information in connection with response and remediation efforts in the
event of an unintentional release of Agency information, otherwise
known as a ``data security breach.'' This routine use serves to protect
the interests of the people whose information is at risk by allowing us
to take appropriate steps to facilitate a timely and effective response
to a data security breach. It will also help us to improve our ability
to prevent, minimize, or remedy any harm that may result from a
compromise of data maintained in these systems of records.
B. Compatibility of Proposed Routine Uses
The Privacy Act (5 U.S.C. 552a(b)(3)) and our disclosure
regulations (20 CFR part 401) permit us to disclose information under a
published routine use for a purpose that is compatible with the purpose
for which we collected the information. Section 401.150(c) of SSA
Regulations permits us to disclose information under a routine use
where necessary to carry out SSA programs. SSA Regulations at section
401.120 provide that we will disclose information when a law
specifically requires the disclosure. The proposed routine uses
numbered 1 through 9, 11 and 12 above will ensure efficient
administration of the IPP System; the disclosure that would be made
under routine use number 10 is required by Federal law. Thus, all
routine uses are appropriate and meet the relevant statutory and
regulatory criteria.
III. Records Storage Medium and Safeguards for the Proposed New System
Entitled the IPP System
SSA will maintain information in the IPP System in electronic and
paper form. Only authorized SSA and contractor personnel who have a
need for the information in the performance of their official duties
will be permitted access to the information. We will safeguard the
security of the information by requiring the use of access codes to
enter the computer system that will maintain the data and will store
computerized records in secured areas that are accessible only to
employees who require the information to perform their official duties.
Any paper maintained records will be kept in locked cabinets or in
otherwise secure areas. Furthermore, SSA employees having access to SSA
databases maintaining personal information must sign a sanction
document annually, acknowledging their accountability for making
unauthorized access to or disclosure of such information.
Contractor personnel having access to data in the proposed system
of records will be required to adhere to SSA rules concerning
safeguards, access and use of the data.
SSA and contractor personnel having access to the data in this
system will be informed of the criminal penalties of the Privacy Act
for unauthorized access to or disclosure of information maintained in
this system. See 5 U.S.C. 552a(i)(1).
IV. Effect of the Proposed New System of Records entitled the IPP
System
The proposed new system of records will maintain only that
information which is necessary to safeguard the anonymity of employees
requesting participation in the IPP so that these individuals can
perform the functions of their employment positions without fear for
their physical safety or other harm. Security measures will be employed
that protect access to and preclude unauthorized disclosure of records
in this system of records. Additionally, SSA will adhere to all
applicable provisions of the Privacy Act, Social Security Act and other
Federal statutes that govern our use and disclosure of the information.
Thus, we do not anticipate that the proposed system of records will
have an unwarranted effect on the privacy of the individuals that will
be covered by the IPP System.
Dated: March 17, 2008.
Michael J. Astrue,
Commissioner.
SYSTEM NUMBER: 60-0360
System name:
Identity Protection Program (IPP) System.
System classification:
None.
System location:
Social Security Administration, Office of Human Resources, 6401
Security Boulevard, Baltimore, Maryland 21235.
Categories of individuals covered by the system:
SSA Employees who have requested participation in the IPP.
Categories of records in the system:
This system consists of a variety of records concerning
participation in the IPP. In addition to the employee's name, this
system includes information such as the employee's personal
identification number (PIN), locator information, telephone number,
component, documentation submitted to support the reason for the
request for program participation, as well as any subsequent
documentation provided by the employee; employee's written request to
be removed from the IPP; the number of IPP requests that have been
granted or denied by employee; the number of IPP requests that have
been granted or denied by Agency component; reason for program
participation request denial; and length
[[Page 15831]]
of time taken to process each request for program participation.
Authority for maintenance of the system:
Sections 205 and 702(a)(5) of the Social Security Act (42 U.S.C.
405, 902(a)(5)).
Purpose(s):
Information in the IPP System is used to:
Provide a means of collecting information about SSA
employees who reasonably believe that they may be at risk of injury or
other harm by the disclosure of their work location and telephone
number.
Provide a standard approach to ensuring the safety of SSA
employees who reasonably believe that they may be at risk of injury or
other harm by the disclosure of their work location and telephone
number.
The information in this system will be used to establish
participation in the IPP. We will establish program participation when
an employee has made known his/her request for program participation
and all of the required documentation has been submitted.
Routine uses of records maintained in the system, including categories
of users and the purpose of such uses:
Disclosures may be made for routine uses as indicated below.
(1) To the Office of the President for the purpose of responding to
an individual pursuant to an inquiry received from that individual or
from a third party on his or her behalf.
(2) To a congressional office in response to an inquiry from that
office made at the request of the subject of a record.
(3) To the Department of Justice (DOJ), a court or other tribunal,
or another party before such tribunal when:
(a) SSA, or any component thereof; or
(b) Any SSA employee in his/her official capacity; or
(c) Any SSA employee in his/her individual capacity where DOJ (or
SSA where it is authorized to do so) has agreed to represent the
employee; or
(d) The United States or any agency thereof where SSA determines
that the litigation is likely to affect the operations of SSA or any of
its components, is a party to the litigation or has an interest in such
litigation, and SSA determines that the use of such records by DOJ, a
court or other tribunal, or another party before such tribunal is
relevant and necessary to the litigation, provided, however, that in
each case, SSA determines that such disclosure is compatible with the
purpose for which the records were collected.
(4) To the Equal Employment Opportunity Commission (EEOC or
Commission) when requested in connection with investigations into
alleged or possible discriminatory practices in the Federal sector,
examination of Federal affirmative employment programs, compliance by
Federal agencies with the Uniform Guidelines on Employee Selection
Procedures, or other functions vested in the Commission.
(5) To the Federal Labor Relations Authority, the General Counsel,
the Federal Mediation and Conciliation Service, the Federal Service
Impasses Panel, or an arbitrator when information is requested in
connection with the investigations of allegations of unfair labor
practices, matters before an arbitrator or the Federal Impasses Panel.
(6) To the Office of Personnel Management, Merit Systems Protection
Board, or the Office of the Special Counsel, in connection with
appeals, special studies of the civil service and other merit systems,
review of those agencies' rules and regulations, investigation of
alleged or possible prohibited personnel practices, and other such
functions promulgated in 5 U.S.C. Chapter 12, or as may be authorized
by law.
(7) To contractors and other Federal agencies, as necessary, for
the purpose of assisting SSA in the efficient administration of its
programs. We contemplate disclosing information under this routine use
only in situations in which SSA may enter into a contractual or similar
agreement with a third party to assist in accomplishing an Agency
function relating to this system of records.
(8) To student volunteers, individuals who work under a personal
services contract, and other individuals performing functions for SSA,
who technically do not have the status of Agency employees, when they
are performing work for SSA, as authorized by law, and they need access
to the records in order to perform their assigned Agency functions.
(9) To the General Services Administration (GSA) and National
Archives and Records Administration (NARA) under 44 U.S.C. Sec. 2904
and Sec. 2906, as amended by the NARA Act of 1984, non-tax return
information which is not restricted from disclosure by Federal law for
use by those agencies in conducting records management studies.
(10) To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
To enable them to protect the safety of SSA employees and
customers, the security of the SSA workplace, the operation of SSA
facilities, or
To assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupts the operation of SSA facilities.
(11) To appropriate Federal, State, and local agencies, entities,
and persons when (1) we suspect or confirm that the security or
confidentiality of information in this system of records has been
compromised; (2) we determine 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 of SSA that rely
upon the compromised information; and (3) we determine that disclosing
the information to such agencies, entities, and persons is necessary to
assist in our efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm. SSA will use
this routine use to respond only to those incidents involving an
unintentional release of its records.
Policies and practices for storing, retrieving, accessing, retaining
and disposing of records in the system:
Storage:
Records in this system are maintained and stored in both electronic
and paper form.
Retrievability:
Records in this system will be retrieved by the employee's PIN and/
or name.
Safeguards:
Security measures include the use of access codes to enter the
computer system which will maintain the data, the storage of
computerized records in secured areas that are accessible only to
employees who require the information in performing their official
duties. Manually maintained records will be kept in locked cabinets or
in otherwise secure areas. SSA employees who have access to the data
will be informed of the criminal penalties of the Privacy Act for
unauthorized access to or disclosure of information maintained in the
system. See 5 U.S.C. 552a(i)(1).
Contractor personnel and/or alternate employees having access to
data in the system of records will be required to adhere to SSA rules
concerning safeguards, access and use of the data.
[[Page 15832]]
Retention and disposal:
The records are maintained in SSA headquarters Office of Human
Resources or regional Servicing Personnel Offices. They are disposed of
in accordance with item 17a of the National Archives and Records
Administration General Records Schedule 1.
System manager(s):
Associate Commissioner, Office of Personnel, Social Security
Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-
6401.
Notification procedure(s):
An individual can determine if this system contains a record about
him/her by writing to the system manager at the above address and
providing his/her name, SSN or other information that may be in the
system of records that will identify him/her. An individual requesting
notification of records in person should provide the same information,
as well as provide an identity document, preferably with a photograph,
such as a driver's license. If an individual does not have any
identification documents sufficient to establish his/her identity, the
individual must certify in writing that he/she is the person claimed to
be and that he/she understands that knowing and willful request for, or
acquisition of, a record pertaining to another individual under false
pretenses is a criminal offense.
If notification is requested by telephone, an individual must
verify his/her identity by providing identifying information that
parallels the record to which notification is being requested.
Individuals providing insufficient identifying information by telephone
will be required to submit a request in writing or in person. If an
individual is requesting information by telephone on behalf of another
individual, the subject individual must be connected with SSA and the
requesting individual in the same phone call. SSA will establish the
subject individual's identity (his/her name, PIN, address, date of
birth and place of birth along with one other piece of information such
as mother's maiden name) and ask for his/her consent in providing
information to the requesting individual.
If a request for notification is submitted by mail, an individual
must include a notarized statement to SSA to verify his/her identity or
must certify in the request that he/she is the person claimed to be and
that he/she understands that knowing and willful request for, or
acquisition of, a record pertaining to another individual under false
pretenses is a criminal offense. These procedures are in accordance
with SSA Regulations (20 CFR 401.45).
Record access procedure(s):
Same as Notification procedure(s). Requesters also should
reasonably specify the record contents they are seeking. These
procedures are in accordance with SSA Regulations (20 CFR 401.40).
Contesting record procedure(s):
Same as Notification procedure(s). Requesters should also
reasonably identify the record, specify the information they are
contesting, and state the corrective action sought and the reasons for
the correction, with supporting justification, showing how the record
is untimely, incomplete, inaccurate, or irrelevant. These procedures
are in accordance with SSA Regulations (20 CFR 401.65).
Record source categories:
Information in this system is obtained from information collected
from SSA employees and officials.
Systems exempt from certain provisions of the Privacy Act:
None.
[FR Doc. E8-6066 Filed 3-24-08; 8:45 am]
BILLING CODE 4191-02-P