[Federal Register Volume 81, Number 102 (Thursday, May 26, 2016)]
[Notices]
[Pages 33544-33547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-12541]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
[16XD4523WS DS10200000 DWSN00000.000000 WBS DP10202 1020WSW02]
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: The Department of the Interior is issuing public notice of its
intent to amend ``Electronic FOIA Tracking System and FOIA Case Files--
Interior, DOI-71'' to update existing routine uses; add six new routine
uses; and update the authority, system location, system manager,
categories of records, storage, retrievability, safeguards, retention
and disposal, notification procedures, record access procedures,
contesting record procedures, record source categories, and exemptions
sections.
DATES: Comments must be received by June 27, 2016. This amended system
will be effective June 27, 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].
[[Page 33545]]
FOR FURTHER INFORMATION CONTACT: Departmental FOIA Officer, Office of
the Executive Secretariat, Department of the Interior, 1849 C Street
NW., Mail Stop 7328-MIB, Washington, DC 20240, or by phone at 202-208-
5342.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of the Interior (``Department'' or ``DOI'')
``Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71'' system contains information on individuals for the purposes of
managing and processing Freedom of Information Act (FOIA) requests,
some of which may be processed in tandem with the Privacy Act of 1974,
as amended. This system: (1) Enables the Department to administer the
program more efficiently while ensuring requests are responded to in a
more timely fashion; (2) supports action on FOIA requests, appeals, and
litigation; (3) ensures documents are released in a more consistent
manner; (4) assists in eliminating the duplication of effort; (5)
gathers information for management and reporting purposes, improving
the Department's reporting capability and providing for more efficient
use of manpower; and (6) improves customer service.
DOI is publishing this amended notice to reflect updated
information in the authority, system location, system manager,
categories of records, storage, retrievability, safeguards, retention
and disposal, notification procedures, record access procedures,
contesting record procedures, record source categories, and exemptions
sections. Additionally, DOI is modifying existing routine uses to
reflect updates consistent with standard DOI routine uses, and adding
six new routine uses to permit sharing of information with: The
National Archives and Records Administration's (NARA) Office of
Government Information Services to assist and facilitate the resolution
of disputes related to FOIA requests; NARA to conduct records
management inspections; appropriate government agencies and
organizations to provide information in response to court orders or for
discovery purposes related to litigation; the Office of Management and
Budget (OMB) in relation to legislative affairs mandates under OMB
Circular A-19; the Department of the Treasury to recover debts owed to
the United States; and the news media and the public. The system notice
was last published in its entirety in the Federal Register on September
18, 2002 (67 FR 58817), and amendments to the system notice were
published in the Federal Register on February 13, 2008 (73 FR 8342) and
February 25, 2010 (75 FR 8731).
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. The
Department 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 about an individual is retrieved by the
name or by some identifying number, symbol, or other identifying
particulars assigned to the individual. The Privacy Act defines an
individual as a United States citizen or lawful permanent resident. As
a matter of policy, the Department 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 the Department by complying with the
Department of the Interior 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 and the routine uses of each
system to make agency recordkeeping practices transparent, notify
individuals regarding the uses of their records, and assist individuals
to more easily find such records within the agency. The revised
``Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71'' system of records notice is published in its entirety below.
In accordance with 5 U.S.C. 552a(r), the Department has provided a
report of this system of records to the Office of Management and Budget
(OMB) 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: May 23, 2016.
Teri Barnett,
Departmental Privacy Officer.
Interior, DOI-71
SYSTEM NAME:
Electronic FOIA Tracking System and FOIA Case Files--Interior, DOI-
71.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
(1) The Electronic FOIA Tracking System (EFTS) database and its
servers are maintained by the Office of the Chief Information Officer,
U.S. Department of the Interior, 12201 Sunrise Valley Drive, Reston, VA
20192; and (2) FOIA case files in this system (paper or electronic) are
located in the offices of Bureau and Office FOIA personnel. (For a
partial list of the Department's FOIA contacts, see the Department's
FOIA Web site at https://www.doi.gov/foia/contacts.)
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals or their representatives who have submitted FOIA or
combined FOIA and Privacy Act (PA) requests for records or information
and administrative appeals, or have litigation pending with DOI or
another Federal agency; individuals whose requests or records have been
referred to the Department by other agencies; individuals who are the
subject of such requests, appeals, and litigation; and/or the DOI
personnel assigned to handle such requests, appeals, and litigation.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records created or compiled in response to
FOIA requests, or combined FOIA and PA requests, for records or
information, administrative appeals, and related litigation and
includes: The original requests and administrative appeals; responses
to such requests and appeals; all related memoranda, correspondence,
notes, and other related or supported documentation; and in some
instances copies of requested records and records under appeal. Records
about individuals may include name, mailing address, email address,
telephone number, case file number, fee determinations, any information
contained in the agency records requested by individuals, and
[[Page 33546]]
identifying information about individual requestors.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552, The Freedom of Information Act, as amended; and 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 EFTS and FOIA case files, which are
maintained both electronically and in paper format, is to more
efficiently manage the Department's FOIA program. This system: (1)
Enables the Department to administer the program more efficiently while
ensuring requests are responded to in a more timely fashion; (2)
Supports action on FOIA requests, appeals, and litigation; (3) Ensures
documents are released in a more consistent manner; (4) Assists in
eliminating the duplication of effort; (5) Gathers information for
management and reporting purposes, improving the Department's reporting
capability and providing for more efficient use of manpower; and (6)
Improves customer service.
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, disclosures outside the Department may be
made 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 Department employee acting in his or her individual
capacity if the Department 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) The Department or any component of the Department;
(B) Any other Federal agency appearing before the Office of
Hearings and Appeals;
(C) Any Department employee acting in his or her official capacity;
(D) Any Department employee acting in his or her individual
capacity if the Department or DOJ has agreed to represent that employee
or pay for private representation of the employee;
(E) The United States, when DOJ determines that the Department is
likely to be affected by the proceeding; and
(ii) The Department 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 the Department that performs services requiring
access to these records on the Department'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) The Department 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 the
Department 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 the
Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm.
(10) To the 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 a debt collection agency for the purpose of collecting
outstanding debts owed to the Department for fees associated with
processing FOIA/PA requests.
(13) 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.
(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(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:
Pursuant to 5 U.S.C. 552a(b)(12), disclosures may be made to a
consumer reporting agency as defined in the Fair Credit Reporting Act
(15 U.S.C. 1681a(f)) or the Federal Claims
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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 cabinets and/or in secured
rooms under the control of authorized DOI personnel. Electronic records
are contained in computers, compact discs, magnetic tapes, external
removable drives, email, diskettes, digital video disks, and electronic
databases.
RETRIEVABILITY:
Information can be retrieved by specific data elements in the
system including: The EFTS tracking number; the name of the requester
and/or his/her organizational affiliation; subject; etc. Paper records
are normally retrieved by EFTS tracking number or by the name of the
person making the request.
SAFEGUARDS:
Access to records in the system is limited to authorized personnel
whose official duties require such access. Paper records are maintained
in file cabinets and/or in secured rooms under the control of
authorized DOI personnel. Computer servers in 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. Electronic records
are maintained in accordance with the OMB and Departmental guidelines
reflecting the implementation of the Federal Information Security
Modernization Act of 2014 (Pub. L. 113-283, 44 U.S.C. 3554). Electronic
data is protected through user identification, passwords, database
permissions and software controls. Such security measures establish
different access levels for different types of users. 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 are maintained under Departmental Records Schedule (DRS)
1--Administrative Records (DAA-0048-2013-0001) that cover FOIA and
Privacy Act request files, correspondence, reports, and other program
administration and financial management records, which has been
approved by NARA. The disposition for these records is temporary and
retention periods vary according to the specific record and the needs
of the agency. FOIA request files 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, are destroyed seven years after cut-off, which is generally
when the record is closed. Paper records are disposed of by shredding
or pulping, and records maintained on electronic media are degaussed or
erased in accordance with 384 Departmental Manual 1 and NARA
guidelines.
SYSTEM MANAGER AND ADDRESS:
(1) The Departmental FOIA Officer, Office of the Executive
Secretariat,
U.S. Department of the Interior, 1849 C Street NW., MS-7328 MIB,
Washington, DC 20240, has overall responsibility for the policies and
procedures used to operate the system.
(2) DOI Bureau and Office FOIA Officers and Coordinators in
headquarters and in field offices have responsibility for the data
inputted into and maintained on the EFTS for their respective
organizations along with any FOIA case files. To obtain a current list
of the FOIA Officers and Coordinators and their addresses, see https://www.doi.gov/foia/contacts.
NOTIFICATION PROCEDURES:
An individual requesting notification of the existence of records
on himself or herself in this system of records should send a signed,
written inquiry to the FOIA Officer or Coordinator of the Bureau or
Office that maintains the FOIA records, 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 FOIA Officer or Coordinator of the
Bureau or Office that maintains the FOIA records, 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
FOIA Officer or Coordinator of the Bureau or Office that maintains the
FOIA records, as identified above. A request for corrections or removal
must meet the requirements of 43 CFR 2.246.
RECORD SOURCE CATEGORIES:
Information gathered in this system is submitted by individuals,
agencies, or corporate entities filing FOIA requests and agency
employees processing these requests. Information is also taken from the
following Privacy Act systems of records: Freedom of Information Act
Appeal Files--Interior, OS-69, and Privacy Act Files--Interior, DOI-57.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
To the extent that copies of exempt records from other systems of
records are entered into this system, the Department of the Interior
claims the same exemptions for those records that are claimed for the
original primary systems of records from which they originated.
[FR Doc. 2016-12541 Filed 5-25-16; 8:45 am]
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