[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Notices]
[Pages 40741-40742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14828]
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DEPARTMENT OF STATE
[Public Notice: 9613]
Privacy Act; System of Records: Legal Case Management Records,
State-21.
SUMMARY: Notice is hereby given that the Department of State proposes
to amend an existing system of records, Legal Case Management Records,
State-21, pursuant to the provisions of the Privacy Act of 1974, as
amended (5 U.S.C. 552a) and Office of Management and Budget Circular
No. A-130, Appendix I.
DATES: This system of records will be effective on August 1, 2016,
unless we receive comments that will result in a contrary
determination.
ADDRESSES: Any persons interested in commenting on the amended system
of records may do so by writing to the Director; Office of Information
Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd
Street NW., Washington, DC 20522-8100.
FOR FURTHER INFORMATION CONTACT: William Fischer, Acting Director;
Office of Information Programs and Services, A/GIS/IPS; Department of
State, SA-2; 515 22nd Street NW., Washington, DC 20522-8100, or at
[email protected].
SUPPLEMENTARY INFORMATION: The Department of State proposes that the
current system will retain the name ``Legal Case Management Records''
(previously published at 42 FR 49709). Information in the Legal
Adviser's Case Management Records is used to provide or facilitate the
provision of legal advice and opinion to the offices of the Department
of State and to facilitate defense or representation of the Department
in litigation and in other legal proceedings. The proposed system will
include modifications to all sections. The following sections have been
added to the system of records, Legal Case Management Records, State-
21, to ensure Privacy Act of 1974 compliance: Purpose and Disclosure to
Consumer Reporting Agencies.
The Department's report was filed with the Office of Management and
Budget. The amended system description, ``Legal Case Management
Records, State-21,'' will read as set forth below.
Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
STATE-21
SYSTEM NAME:
Legal Case Management Records.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Department of State, 2201 C Street NW., Washington, DC 20520;
Department of State annexes, U.S. Embassies, U.S. Consulates General,
and U.S. Consulates.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have filed administrative grievances and Equal
Employment Opportunity complaints; individuals involved in disciplinary
proceedings; individuals involved in alleged criminal activity or
activity in violation of regulations; individuals who have filed claims
against the United States; individuals who have sued the Department of
State or any officials; individuals whose records may be relevant to
legal proceedings involving the Department of State; individuals who
are the subjects of inquiries from federal, state, and local agencies;
individuals who are the subjects of income withholding orders,
garnishment orders, bankruptcy orders, state tax liens, and similar
court or agency documents; individuals who have raised or discussed
legal or policy questions with the Office of the Legal Adviser; and
individuals who have otherwise contacted the Office of the Legal
Adviser.
CATEGORIES OF RECORDS IN THE SYSTEM:
Biographic information, such as name, contact information, and
place of birth; employment histories; summaries of circumstances
surrounding grievances, Equal Employment Opportunity complaints,
claims, litigation, or disciplinary proceedings; internal memoranda;
copies of indictments and charges; criminal records and reports of
investigations; electronic mail (email); electronic records in various
formats; supporting documentation for a case against an individual;
contracts and other legal documents; income withholding orders,
garnishment orders, bankruptcy orders, state tax liens, and similar
court or agency documents; inquiries from federal, state, and local
agencies and responses to those inquiries; documents that may be
relevant to legal proceedings and investigations; correspondence
related to legal or policy issues, regardless of format (paper or
electronic).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; 22 U.S.C. 2651a; 22 U.S.C. 2656; 42 U.S.C. 659; 42
U.S.C. 666; 5 CFR part 581.
PURPOSE(S):
Information in the Legal Adviser's Case Management Records is used
to provide or facilitate the provision of legal advice and opinion to
the offices of the Department of State and to facilitate defense or
representation of the Department in litigation and in other legal
proceedings. Information may also be used to reply to requests from
courts or agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
The principal users of this information outside the Department of
State are:
(a) The Department of Justice and other federal agencies in
connection with facilitating defense of the Department in legal
proceedings, analyzing legal issues, or fulfilling statutory
responsibilities;
(b) Federal, state, and foreign courts, tribunals, and adjudicatory
bodies in connection with legal proceedings;
(c) A party to a legal proceeding involving the Department, or the
party's attorney or other designated representative in connection with
legal proceedings;
(d) An attorney or other designated representative of any source,
witness or subject in connection with legal proceedings;
(e) Appropriate committees and subcommittees of Congress in
furtherance of their respective oversight functions; and
(f) Federal agencies having statutory or other lawful authority to
maintain such information.
The Department may respond to federal, state, and local agency
inquiries related to child support, alimony, bankruptcy, state tax
lien, or similar issues. Pursuant to a court or agency order, the
Department may disclose
[[Page 40742]]
relevant information to private collection agencies, law firms and/or
other individuals authorized to receive benefits under such order.
The Department of State periodically publishes in the Federal
Register its standard routine uses which apply to all of its Privacy
Act systems of records. These notices appear in the form of a Prefatory
Statement. These standard routine uses apply to Legal Case Management
Records, State-21.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM
Storage:
Hard copy and electronic media.
RETRIEVABILITY:
Hardcopy by name, date, country, and/or subject; electronic by
keyword or metadata.
SAFEGUARDS:
All users are given cyber security awareness training which covers
the procedures for handling Sensitive but Unclassified information,
including personally identifiable information (PII). Annual refresher
training is mandatory. In addition, all Foreign Service and Civil
Service employees and those Locally Employed Staff who handle PII are
required to take the FSI distance learning course instructing employees
on privacy and security requirements, including the rules of behavior
for handling PII and the potential consequences if it is handled
improperly. Before being granted access to Legal Case Management
Records, a user must first be granted access to the Department of State
computer system.
Remote access to the Department of State network from non-
Department owned systems is authorized only through a Department
approved access program. Remote access to the network is configured
with the Office of Management and Budget Memorandum M-07-16 security
requirements which include but are not limited to two-factor
authentication and time out function.
All Department of State employees and contractors with authorized
access have undergone a thorough background security investigation.
Access to the Department of State, its annexes and posts abroad is
controlled by security guards and admission is limited to those
individuals possessing a valid identification card or individuals under
proper escort. All paper records containing personal information are
maintained in secured file cabinets in restricted areas, access to
which is limited to authorized personnel only. Access to computerized
files is password-protected and under the direct supervision of the
system manager. The system manager has the capability of printing audit
trails of access from the computer media, thereby permitting regular
and ad hoc monitoring of computer usage.
When it is determined that a user no longer needs access, the user
account is disabled.
RETENTION AND DISPOSAL:
Records are retired in accordance with published Department of
State Records Disposition Schedules as approved by the National
Archives and Records Administration (NARA). More specific information
may be obtained by writing to the Director, Office of Information
Programs and Services, A/GIS/IPS, SA-2, Department of State, 515 22nd
Street NW., Washington, DC 20522-8100.
SYSTEM MANAGER AND ADRESS:
Executive Director, Office of the Legal Adviser and Bureau of
Legislative Affairs, Department of State, 600 19th Street NW., Suite
5.600, Washington, DC 20522.
NOTIFICATION PROCEDURES:
Individuals who have reason to believe that the Office of the Legal
Adviser might have records pertaining to him or her should write to the
Director, Office of Information Programs and Services, A/GIS/IPS, SA-2,
Department of State, 515 22nd Street NW., Washington, DC 20522-8100 or
through the Department's Freedom of Information Act (FOIA) Web page at
https://foia.state.gov/Request/. The individual must specify that he/
she wishes the records of the Office of the Legal Adviser to be
checked. At a minimum, the individual must include: name; date and
place of birth; current mailing address and zip code; signature; brief
description of the circumstances, including the approximate dates,
which give the individual cause to believe that the Office of the Legal
Adviser might have records pertaining to him or her.
RECORD ACCESS AND AMENDMENT PROCEDURES:
Individuals who wish to gain access to or amend records pertaining
to them should write to the Director, Information Programs and Services
(address above).
CONTESTING RECORD PROCEDURES:
Individuals who wish to contest records pertaining to them should
write to the Director, Information Programs and Services (address
above).
RECORD SOURCE CATEGORIES:
These records contain information that is primarily obtained from
the individual; offices of the Department of State; other government
agencies, particularly the Department of Justice; court systems and
administrative bodies; previous employers; neighbors; security
investigation reports; other employees or individuals having knowledge
of the issue about which a legal opinion is requested or who are party
to litigation or investigation.
SYSTEM EXEMPTED FROM CERTAIN PROVISION OF THE ACT:
Pursuant to 5 U.S.C. 552a (k)(1), records in this system may be
exempted from subsections (c)(3), (d), (e)(1), (e)(4)(G), (e)(4)(H),
(e)(4)(I), (f) of Sec. 552a. See 22 CFR 171.26.
[FR Doc. 2016-14828 Filed 6-21-16; 8:45 am]
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