[Federal Register Volume 81, Number 134 (Wednesday, July 13, 2016)]
[Notices]
[Pages 45352-45354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16547]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2016-0028]
Privacy Act of 1974; Proposed Modified System of Records
AGENCY: Social Security Administration (SSA).
ACTION: Modified System of Records.
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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a) we are
issuing public notice of our intent to modify an existing system of
records entitled, Electronic Freedom of Information Act (eFOIA) System
(60-0340), last published at 70 FR 3571 (January 25, 2005). This notice
publishes details of the proposed updates as set forth below under the
caption SUPPLEMENTARY INFORMATION.
DATES: We invite public comment on this new system of records. In
accordance with 5 U.S.C. 552a(e)(4) and (e)(11), the public is given a
30-day period in which to submit comments. Therefore, please submit any
comments by August 12, 2016.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress may comment on this publication by writing to the Executive
Director, Office of Privacy and Disclosure, Office of the General
Counsel, Social Security Administration, Room 617 Altmeyer Building,
6401 Security Boulevard, Baltimore, Maryland 21235-6401, or through the
Federal e-Rulemaking Portal at http://www.regulations.gov. All comments
we receive will be available for public inspection at the above address
and we will post them to http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Tristin Dorsey, Government Information
Specialist, Privacy Implementation Division, Office of Privacy and
Disclosure, Office of the General Counsel, Social Security
Administration, Room 617 Altmeyer Building, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, telephone: (410) 965-2950, email:
[email protected].
SUPPLEMENTARY INFORMATION: We are modifying the system of records name
from eFOIA System, SSA, Office of the General Counsel, Office of Public
Disclosure to the Freedom of Information Act (FOIA) and Privacy Act
Record Request and Appeal System to accurately reflect the system name,
hereinafter referred to as the FOIA and Privacy Act Record Request and
Appeal System. We are also modifying the notice throughout to correct
miscellaneous stylistic formatting errors
[[Page 45353]]
of the previously published Notice, and to ensure the language reads
consistently across multiple systems.
We are modifying the system of records location by clarifying the
name of the office, specifying that paper records are included in the
categories of records in the system, explaining how the records are
retrieved, revising the language in routine use No. 3 to remove
erroneously placed language concerning the disclosure of tax return
information, deleting previous routine uses Nos. 4 and 10 which are no
longer applicable, and adding a new routine use to clarify that records
may be provided to the National Archives and Records Administration,
Office of Government Information Services, for all purposes set forth
in 5 U.S.C. 552(h)(2)(A-B) and (3). The entire notice is being
republished for ease of reference.
In accordance with 5 U.S.C. 552a(r), we have provided a report to
OMB and Congress on this modified system of records.
Dated: June 14, 2016.
Glenn Sklar,
Acting Executive Director, Office of Privacy and Disclosure, Office of
the General Counsel.
SOCIAL SECURITY ADMINISTRATION
SYSTEM NUMBER: 60-0340
SYSTEM NAME:
Freedom of Information Act (FOIA) and Privacy Act Record Request
and Appeal System.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Social Security Administration, Office of the General Counsel,
Office of Privacy and Disclosure, 6401 Security Boulevard, Baltimore,
Maryland 21235-6401.
Social Security Administration, Office of Central Operations,
Division of Earnings Records Operations, 6100 Wabash Avenue, Baltimore,
Maryland 21290-3022; or regional offices in receipt of original
requests (See Appendix C for address information).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system maintains information about individuals who submit FOIA
or Privacy Act requests, including Privacy Act amendments, or
administrative appeals to SSA; individuals whose requests or records
have been referred to SSA by other agencies; individuals who submit
inquiries to SSA regarding federal agency compliance with the FOIA;
attorneys representing individuals submitting such requests and
appeals; and individuals who are the subject of such requests and
appeals; and SSA personnel assigned to handle such requests and
appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records received, created, or compiled in
response to FOIA and Privacy Act requests or administrative appeals,
including: the original requests and administrative appeals; responses
to such requests and administrative appeals; all related memoranda,
correspondence, notes, and other related or supporting documentation;
and, copies of requested records relating to original requests and
administrative appeals. This system also consists of records related to
inquiries submitted to SSA regarding federal agency compliance with the
FOIA, and all records related to the resolution of such inquiries.
AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:
The system was established and is maintained to implement the
provisions of the Freedom of Information Act (5 U.S.C. 552), Privacy
Act (5 U.S.C. 552a), Records Management by Federal Agencies (44 U.S.C.
3101), Section 1106 of the Social Security Act (42 U.S.C. 1306), and
SSA Regulations (20 CFR parts 401 and 402).
PURPOSE(S):
This system of records assists us in processing access requests and
administrative appeals under the FOIA and the Privacy Act; supporting
agency participation in litigation arising from requests and appeals;
assigning, processing, and tracking FOIA workloads; and, providing
management information reports.
ROUTINE USES OF RECORDS COVERED BY THE SYSTEM, INCLUDING CATEGORIES OF
USERS AND THE PURPOSES OF SUCH USES:
We will disclose records pursuant to the following routine uses;
however, we will not disclose any information defined as ``return or
return information'' under 26 U.S.C. 6103 of the Internal Revenue Code
(IRC), unless authorized by a statute, the Internal Revenue Service
(IRS), or IRS regulations.
1. To the Office of the President in response to an inquiry from
that office made on behalf of, and at the request of, the subject of
record or a third party acting on the subject's behalf.
2. To a congressional office in response to an inquiry from that
office made on behalf of, and at the request of, the subject of the
record or a third party acting on the subject's behalf.
3. To the IRS, Department of Treasury, for the purpose of auditing
SSA's compliance with the safeguard provisions of the IRC of 1986, as
amended.
4. To the Department of Justice (DOJ), a court or other tribunal,
or another party before such court or 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
the litigation is likely to affect 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 the tribunal is relevant and
necessary to the litigation, provided, however, that in each case, the
agency determines that disclosure of the records to DOJ, court or other
tribunal, or another party is a use of the information contained in the
records that is compatible with the purpose for which the records were
collected.
5. To the National Archives and Records Administration (NARA) under
44 U.S.C. 2904 and 2906.
6. To student volunteers, individuals working under a personal
services contract, and other workers who technically do not have the
status of Federal employees, when they are performing work for SSA, as
authorized by law, and they need access to personally identifiable
information (PII) in SSA records in order to perform their assigned
agency functions.
7. To Federal, State and local law enforcement agencies and private
security contractors, as appropriate, information necessary:
(a) To enable them to protect the safety of SSA employees and
customers, the security of the SSA workplace, and the operation of SSA
facilities; or
(b) to assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of SSA facilities.
8. 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.
[[Page 45354]]
9. To appropriate Federal, State, and local agencies, entities, and
persons when:
(a) We suspect or confirm that the security or confidentiality of
information in this system of records has been compromised;
(b) 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 that rely upon the compromised
information; and
(c) 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.
10. To NARA, Office of Government Information Services (OGIS), to
the extent necessary to fulfill its responsibilities in 5 U.S.C. 552(h)
to review administrative agency policies, procedures and compliance
with the FOIA, and to facilitate OGIS' offering of mediation services
to resolve disputes between persons making FOIA requests and
administrative agencies.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
We will maintain records in this system in paper and in electronic
form.
RETRIEVABILITY:
We will retrieve records in this system by the name and Social
Security number (SSN) of the requester or appellant; case number
assigned to the request or appeal; name of attorney representing the
requester or appellant; the name of an individual who is the subject of
such a request or appeal; or subject matter.
SAFEGUARDS:
We retain electronic records with personal identifiers in secure
storage areas accessible only by our authorized employees and
contractors who have a need for the information when performing their
official duties. Security measures include the use of access codes and
profiles, personal identification number (PIN) and password, and
personal identification verification (PIV) cards. We keep paper records
in cabinets within secure areas, with access limited to only those
employees who have an official need for access in order to perform
their duties.
We annually provide our employees and contractors with appropriate
security awareness training that includes reminders about the need to
protect PII and the criminal penalties that apply to unauthorized
access to, or disclosure of, PII (5 U.S.C. 552a(i)(1)). Furthermore,
employees and contractors with access to databases maintaining PII must
sign a sanctions document annually acknowledging their accountability
for inappropriately accessing or disclosing such information.
RETENTION AND DISPOSAL:
We retain and dispose of records in accordance with NARA's General
Records Schedule 4.2, Information Access and Protection Records (DAA-
GRS-2013-0007-0002).
SYSTEM MANAGER AND ADDRESS:
Freedom of Information Officer, Social Security Administration,
Office of the General Counsel, Office of Privacy and Disclosure, 6401
Security Boulevard, Baltimore, Maryland 21235-6401.
NOTIFICATION PROCEDURES:
Persons can determine if this system contains a record about them
by writing to the system manager at the above address and providing
their name, SSN, or other information that may be in this system of
records that will identify them. Persons requesting notification by
mail must include a notarized statement to us to verify their identity
or must certify in the request that they are the person they claim to
be and that they understand that the knowing and willful request for,
or acquisition of, a record pertaining to another person under false
pretenses is a criminal offense.
Persons requesting notification of records in person must provide
the same information, as well as provide an identity document,
preferably with a photograph, such as a driver's license. Persons
lacking identification documents sufficient to establish their identity
must certify in writing that they are the person they claim to be and
that they understand that the knowing and willful request for, or
acquisition of, a record pertaining to another person under false
pretenses is a criminal offense.
Persons requesting notification by telephone must verify their
identity by providing identifying information that parallels the
information in the record about which they are requesting notification.
If we determine that the identifying information the person provides by
telephone is insufficient, we will require the person to submit a
request in writing or in person. If a person requests information by
telephone on behalf of another person, the subject person must be on
the telephone with the requesting person and us in the same phone call.
We will establish the subject person's identity (his or her name, SSN,
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 or her
consent to provide information to the requesting person. These
procedures are in accordance with our regulations (20 CFR 401.40 and
401.45).
RECORD ACCESS PROCEDURES:
Same as notification procedures. Persons must also reasonably
describe the record contents they are seeking. These procedures are in
accordance with our regulations (20 CFR 401.40(c)).
CONTESTING RECORD PROCEDURES:
Same as notification procedures. Persons must 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 incomplete,
untimely, inaccurate, or irrelevant. These procedures are in accordance
with our regulations (20 CFR 401.65(a)).
RECORD SOURCE CATEGORIES:
We obtain information in this system of records primarily from the
person to whom the record pertains.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE PRIVACY ACT:
None.
[FR Doc. 2016-16547 Filed 7-12-16; 8:45 am]
BILLING CODE 4191-02-P