[Federal Register Volume 79, Number 36 (Monday, February 24, 2014)]
[Notices]
[Pages 10090-10093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-03860]
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DEPARTMENT OF COMMERCE
[Docket No. 131202999-3999-01]
Privacy Act of 1974; Altered System of Records
AGENCY: U.S. Census Bureau, Department of Commerce.
ACTION: Notice of Amendment, Privacy Act System of Records, COMMERCE/
CENSUS-5, Decennial Census Program.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, 5
U.S.C. 552A(e)(4) and (11); and Office of Management and Budget (OMB)
Circular A-130, Appendix I, ``Federal Agency Responsibilities for
Maintaining Records About Individuals'', the Department of Commerce is
issuing notice of intent to amend the system of records under COMMERCE/
CENSUS-5, Decennial Census Program. This amendment would update: The
categories of individuals and records covered by the system of records;
the authorities for maintenance of the system of records; the system
manager and address; the policies and practices for storage, retention,
disposal, and safeguarding the system of records; and record source
categories. This amendment also makes other minor administrative
updates. Accordingly, the COMMERCE/CENSUS-5, Decennial Census Program
notice published in the Federal Register on March 18, 2010 (75 FR
13076), is amended as below. We invite public comment on the system
amendment announced in this publication.
DATES: To be considered, written comments on the proposed amendments
must be submitted on or before March 26, 2014.
Effective Date: Unless comments are received which necessitate
modification, the amended system of records will become effective as
proposed on the date of publication of a subsequent notice in the
Federal Register.
ADDRESSES: Please address comments to: Byron Crenshaw, Privacy
Compliance Branch, Room--8H021, U.S. Census Bureau, Washington, DC
20233-3700.
SUPPLEMENTARY INFORMATION: This update makes six program-related
changes. The first of six proposed changes to program-related
provisions updates the categories of individuals covered by the system
to provide additional information and detail including information
regarding employee data and paradata. Census Bureau employee
characteristics and auxiliary data known as paradata also collected
during census and survey interviews, pilot tests, and cognitive
interviews are covered under the authority of 5 U.S.C. 301 as described
in Systems of Record Notice covered under SORN COMMERCE/Census-2,
Performance Measurement Records. The second proposed change updates the
categories of records in the system to provide additional categories
including categories associated with new technologies, e.g., GPS
coordinates,
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mobile device ID, etc. The third proposed change updates the
authorities to add the anti-wire tapping law due to the inclusion of
recordings of census and survey interviews, cognitive interviews and
pilot tests. The fourth proposed change updates the policies and
practices for storing (including recordings of the American Community
Survey and the Decennial Census of Population and Housing, cognitive
and pilot test interviews), retaining and disposing, and safeguarding
the records. The fifth proposed change updates the system manager and
address. The sixth proposed change updates the record source categories
to provide more information and detail regarding external source
records. This amendment also provides minor administrative updates to
the purpose, routine uses and retrievability of the system of records.
The entire resulting system of records notice, as amended, appears
below.
COMMERCE/CENSUS-5
System Name:
Decennial Census Program.
Security Classification:
None.
System Location:
U.S. Census Bureau, 4600 Silver Hill Road, Washington, DC 20233-
8100; Bureau of the Census, Bowie Computer Center, 17101 Medford
Boulevard, Bowie, Maryland 20715.
Categories of Individuals Covered by the System:
All persons surveyed during the ongoing American Community Survey
and all persons counted during the Decennial Census of Population and
Housing as well as all persons counted in any pilot census and survey
tests of procedures related to the American Community Survey and the
Decennial Census of Population and Housing are covered by the system.
Participation in the decennial censuses (the American Community Survey
and the Decennial Census of Population and Housing) as well as all of
the pilot censuses is mandatory. Data collected directly from
respondents may be supplemented with data from administrative record
files received from other federal, state, or local agencies. Comparable
data may also be obtained from private persons and commercial sources.
These are collected and processed under the Statistical Administrative
Records System. Please see the COMMERCE/CENSUS-8, Statistical
Administrative Records System SORN for more information. Field
Representative (FR) and interviewer characteristics as well as paradata
collected during the American Community Survey and the Decennial Census
of Population and Housing (including the same data obtained during
recordings) are covered under SORN COMMERCE/Census-2, Performance
Measurement Records.
Categories of Records in the System:
Records collected by the American Community Survey and its pilot
surveys may contain information such as: Population information--name,
address, email address, telephone number (both landline and cell phone
number), driver's license number, age, sex, race, Hispanic origin,
relationships, housing tenure, number of persons in the household, as
well as more detailed information on topics such as, marital status and
history, fertility, income, employment, education, health insurance or
health coverage plans, disability, grandparents as care-givers, and
military status and history; Housing information--year built, structure
description, uses, features, amenities, number of rooms, utilities,
purchase type (e.g., mortgage or deed of trust), and financial
characteristics (e.g., home value, property taxes, etc.). Records
collected during the Decennial Census of Population and Housing and its
pilot censuses may contain information such as: Population
information--name, address, email address, telephone number (both
landline and cell phone number), age, sex, race, Hispanic origin,
relationship, housing tenure, number of persons in the household,
number of persons in the household not permanent residents, and whether
residents sometimes live somewhere else. Additionally, records
collected by the Decennial Census of Population and Housing, the
American Community Survey, and their cognitive interviews and pilot
tests may collect other information including: GPS coordinates, IP
address, mobile device ID, and record identification number. GPS
coordinates, IP addresses, and mobile device ID may be collected when a
mobile device is used to respond to the Decennial Census of Population
and Housing, the American Community Survey, and pilot tests. In
accordance with 13 U.S.C., Section 6(c), information in the American
Community Survey and Decennial Census of Population and Housing may,
under specific circumstances and arrangements, also come from
administrative records obtained from federal, states, counties, cities,
or other units of government. Comparable data may also be obtained from
private persons and commercial sources. For instance, the U.S. Census
Bureau works with all Federal agencies to obtain counts from their
records of federally affiliated Americans overseas. The U.S. Census
Bureau also makes arrangements with certain types of facilities (e.g.,
prisons, long-term care facilities, colleges) to obtain administrative
records data on individuals when direct enumeration of those people is
not feasible for safety, health, or other reasons. Additional
information may be obtained from systems of records notice COMMERCE/
CENSUS-8, Statistical Administrative Records. Pilot censuses, surveys,
and research study records may contain information on individuals
similar to that included in the American Community Survey and Decennial
Census of Population and Housing. Field Representative (FR) and
interviewer characteristics as well as paradata collected during the
American Community Survey and the Decennial Census of Population and
Housing (including data obtained during recordings) are covered under
SORN COMMERCE/Census-2, Performance Measurement Records.
Authorities for Maintenance of the System
13 U.S.C., Sections 6 (c), 141 and 193 and (18 U.S.C. 2510-2521).
Purpose(s):
The purpose of this system is to collect statistical information
from respondents for the Decennial Census Program, which includes both
the American Community Survey and the Decennial Census of Population
and Housing using responses to questions in order to provide key
social, housing, and economic data for the nation. The American
Community Survey, the Decennial Census of Population and Housing, and
pilot census and survey records also are maintained to conduct research
and analysis with survey and administrative data for projects and to
undertake methodological evaluations and enhancements by the U.S.
Census Bureau improving data collection and quality control. Also,
information collected by the Decennial Census of Population and Housing
is used to provide official census transcripts of the results to the
named person(s), their heirs, or legal representatives as described in
the system of records notice, COMMERCE/CENSUS-6, Population Census
Personal Service Records for 1910 and All Subsequent Decennial Censuses
(this does not apply to the American Community Survey and pilot census
or survey records).
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Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses:
The data will be used only for statistical purposes. No disclosures
which permit the identification of individual respondents, and no
determinations affecting individual respondents will be made.
Disclosure to Consumer Reporting Agencies:
None.
Policies and Practices for Storing, Retrieving, Accessing, Retaining,
and Disposing of Records in the System:
Storage:
Records (including, but not limited to, sound and video files of
survey and cognitive interviews, and pilot tests) are stored in a
secure computerized system and on magnetic media; output data will be
either electronic or paper copies (including transcripts of sound
files). Paper copies or magnetic media are stored in a secure area
within a locked drawer or cabinet. Datasets may be accessed only by
authorized personnel. Control lists will be used to limit access to
those employees with a need to know; rights will be granted based on
job functions.
Retrievability:
Information for the Decennial Census of Population and Housing and
for the American Community Survey and their pilot tests may be
retrieved by direct identifiers such as name and address. However, a
limited number of sworn U.S. Census Bureau staff will be permitted to
retrieve records containing direct identifiers (such as name or
address) for authorized purposes. Staff producing final statistical
products will have access only to data sets from which direct
identifiers have been deleted and replaced by unique non-identifying
codes internal to the U.S. Census Bureau.
Safeguards:
The U.S. Census Bureau is committed to respecting respondent
privacy and protecting confidentiality. Through the Data Stewardship
Program, we have implemented management, operational, and technical
controls and practices to ensure high-level data protection to
respondents of our census and surveys. (1) An unauthorized browsing
policy Federal Register/Vol. 77, No. 17/Thursday, January 26, 2012/
Notices protects respondent information from casual or inappropriate
use by any person with access to Title 13 protected data. (2) All
employees permitted to access the system are subject to the
restriction, penalties, and prohibitions of 13 U.S.C. 9 and 214, as
modified by Title 18 U.S.C. 3551, et seq.; the Privacy Act of 1974 (5
U.S.C. 552a(b)(4)). (3) All U.S. Census Bureau employees and persons
with special sworn status will be regularly advised of regulations
issued pursuant to Title 13 U.S.C. governing the confidentiality of the
data, and will be required to complete an annual Title 13 awareness
program. (4) All computer systems that maintain sensitive information
are in compliance with the Federal Information Security Management Act,
which includes auditing and controls over access to restricted data.
(5) The use of unsecured telecommunications to transmit individually
identifiable information is prohibited. (6) Paper copies that contain
sensitive information are stored in secure facilities in a locked
drawer or file cabinet behind a locked door. (7) Additional data files
containing direct identifiers will be maintained solely for the purpose
of data collection activities, such as respondent contact and
preloading an instrument for a continued interview, and will not be
transferred to, or maintained on, working statistical files. (8) Any
publications based on this system will be cleared for release under the
direction of the U.S. Census Bureau's Disclosure Review Board, which
will confirm that all the required disclosure avoidance procedures have
been implemented and no information that identifies any individual is
released.
Retention and Disposal:
American Community Survey, Decennial Census of Population and
Housing, and pilot census or survey respondent data, including
personally identifying data, are generally captured as images suitable
for computer processing. Original paper data sources are destroyed,
according to the disposal procedures for Title 13 records, after
confirmation of successful electronic data capture and data
transmission of the images to U.S. Census Bureau headquarters. For the
American Community Survey, personally identifying data are scheduled
for permanent retention (excluding sound and video files that are
retained in accordance with the General Records Schedule and U.S.
Census Bureau records control schedules that are approved by the
National Archives and Records Administration (NARA).
For the Decennial Census of Population and Housing, a record of
individual responses, including all names and other entries provided by
the respondent, and all associated address and geographic information
for each housing unit or person living in group quarters is scheduled
for permanent retention (excluding sound and video files that are
retained in accordance with the General Records Schedule and U.S.
Census Bureau records control schedules that are approved by the NARA).
Pilot and cognitive test data collections, data capture, and data
processing records are destroyed within two years or when no longer
needed for U. S. Census Bureau program or evaluation purposes,
whichever is later. All records are retained in accordance with the
General Records Schedule and U.S. Census Bureau records control
schedules that are approved by the NARA (Title 44, U.S.C., Section
2108).
System Manager(s) and Address:
Associate Director for Decennial Census, U.S. Census Bureau, 4600
Silver Hill Road, Washington, DC 20233-8000.
Associate Director for 2020 Census, U.S. Census Bureau, 4600 Silver
Hill Road, Washington, DC 20233-8000.
Notification Procedure:
None.
Record Access Procedures:
None.
Contesting Record Procedures:
None.
Record Source Categories:
Information in the Decennial Census of Population and Housing and
the American Community Survey may come from administrative records from
federal, states, counties, cities, or other units of government such
as: The U.S. Department of Defense and the U.S. Office of Personal
Management for enumeration of federally affiliated Americans overseas;
tribal, State, and local governments for service-based enumeration of
persons without permanent shelter and for address and road updates; the
Federal Bureau of Prisons for inmate enumeration; the U.S. Postal
Service for address updates; as well as the Departments of Agriculture,
Education, Health and Human Services, Homeland Security, Housing and
Urban Development, Labor, Treasury, Veterans Affairs, the Office of
Personnel Management, the Social Security Administration, the Selective
Service System, and the U.S. Postal Service. Comparable data may also
be obtained from private persons and commercial sources.
Exemptions Claimed for System:
Pursuant to 5 U.S.C. 552a (k)(4), this system of records is
exempted from the otherwise applicable notification, access, and
contest requirements of the
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agency procedures (under 5 U.S.C. 552a (c)(3), (d), (e)(1), (e)(4)(G),
(H) and (I) and (f)). This exemption is applicable because the data are
maintained by the U.S. Census Bureau solely as statistical records, as
required under Title 13 U.S.C., to be used solely as statistical
records and are not used in whole or in part in making any
determination about an identifiable individual. This exemption is made
in accordance with the Department's rules, which appear in 15 CFR part
4 subpart B.
Dated: February 10, 2014.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 2014-03860 Filed 2-21-14; 8:45 am]
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