81 FR 58930 - Privacy Act System of Records

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 81, Issue 166 (August 26, 2016)

The Federal Communications Commission (FCC or Commission or Agency) has amended an existing system of records, FCC/OMD-17, Freedom of Information Act (FOIA) and Privacy Act Requests, subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of records maintained by the agency (5 U.S.C. 552a(e)(4)). The FCC's Office of the Managing Director (OMD) will use FOIAonline, https:// foiaonline.regulations.gov/foia/action/public/home, an online portal that permits the public to file initial Freedom of Information Act (FOIA) requests and appeals. FOIAonline also permits the public to search various fields of data (as designated by the FCC) concerning FOIA requests, appeals, and responsive records. The FCC began participating in FOIAonline in February 2015. The system has been operational since then without incident.

[Federal Register Volume 81, Number 166 (Friday, August 26, 2016)]
[Notices]
[Pages 58930-58932]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-20515]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act System of Records

AGENCY: Federal Communications Commission

ACTION: Notice of amendment to system of records; three new routine 
uses.

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SUMMARY: The Federal Communications Commission (FCC or Commission or 
Agency) has amended an existing system of records, FCC/OMD-17, Freedom 
of Information Act (FOIA) and Privacy Act Requests, subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. This action is 
necessary to meet the requirements of the Privacy Act to publish in the 
Federal Register notice of the existence and character of records 
maintained by the agency (5 U.S.C. 552a(e)(4)). The FCC's Office of the 
Managing Director (OMD) will use FOIAonline, https://foiaonline.regulations.gov/foia/action/public/home, an online portal 
that permits the public to file initial Freedom of Information Act 
(FOIA) requests and appeals. FOIAonline also permits the public to 
search various fields of data (as designated by the FCC) concerning 
FOIA requests, appeals, and responsive records. The FCC began 
participating in FOIAonline in February 2015. The system has been 
operational since then without incident.

DATES: Written comments are due on or before September 26, 2016. This 
action will become effective on October 5, 2016 unless comments are 
received that require a contrary determination.

ADDRESSES: Send comments to Leslie F. Smith, Privacy Manager, 
Information Technology (IT), Room 1-C216, Federal Communications 
Commission, 445 12th Street SW., Washington, DC 20554, or to 
[email protected].

FOR FURTHER INFORMATION CONTACT: Leslie F. Smith, (202) 418-0217, or 
[email protected], and to obtain a copy of the Narrative Statement, 
which includes details of the proposed alterations to this system of 
records.

SUPPLEMENTARY INFORMATION: The FCC previously gave notice of this 
system of records, FCC/OMD-17, by publication in the Federal Register 
on April 5, 2006 (65 FR 17234, 17261). This notice serves to update and 
amend FCC/OMD-17, Freedom of Information Act (FOIA) and Privacy Act 
Requests, as a result of an increased use of automated information 
technology and new program guidance.
FCC/OMD-17

SYSTEM NAME:
    Freedom of Information Act (FOIA) and Privacy Act Requests.

SYSTEM LOCATION:
    FOIA and Privacy Act request files are maintained at the Federal 
Communications Commission (FCC), 445 12th Street SW., Washington, DC 
20554. Information related to FOIA requests and appeals is also stored 
in the FOIAonline database, available at https://foiaonline.regulations.gov/foia/action/public/home.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    The categories of individuals covered by this system include, but 
are not limited to individuals who submit Freedom of Information Act 
(FOIA) and Privacy Act requests, or administrative appeals; and 
individuals who are the subject of FOIA and Privacy Act requests and 
appeals or whose personally identifiable information is contained in 
records covered by this system.

[[Page 58931]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    These records contain information about individuals most commonly 
including name, home address, email address, telephone or cell phone 
numbers, and less frequently may include date of birth, social security 
number, and driver's license number.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552 and 5 U.S.C. 552a.

PURPOSE(S):
    The Commission's Performance Evaluation and Records Management 
staff (PERM) of the Office of Managing Director collects and maintains 
the information in this system through FOIAonline (https://foiaonline.regulations.gov/foia/action/public/home), an online portal 
for filing FOIA requests and appeals. PERM also maintains FOIA request 
files, including responses to FOIA requests and appeals, and 
correspondence with requesters. The records are required to permit the 
Commission to effectively, efficiently, and appropriately process and 
respond to FOIA and Privacy Act requests and administrative appeals. 
These records are also necessary for defending Commission action in 
litigation challenging FOIA and Privacy Act responses by the agency; 
for compiling mandatory reports and responses to inquiries from 
Congress, the Department of Justice (DOJ), the Office of Government 
Information Services (OGIS) of the National Archives and Records 
Administration (NARA), the Office of Management and Budget (OMB), the 
General Services Administration (GSA), and the Government 
Accountability Office (GAO). The records are also used to respond to 
congressional inquiries from both Congressional committees and from 
individual members of Congress inquiring on behalf of a constituent.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows. In 
each of these cases, the FCC will determine whether disclosure of the 
records is compatible with the purpose(s) for which the records were 
collected:
    1. Public Access--The FCC authorizes public access to FOIA requests 
and appeals through FOIAonline (https://foiaonline.regulations.gov/foia/action/public/home) to the names of FOIA requesters, dates related 
to the processing of the request, and a description of the records 
sought by the requester (excluding any personally identifiable 
information in the description of the records, such as telephone or 
cell phone numbers, home or email addresses, social security numbers), 
unless the requester asks for the redaction of any personally 
identifiable information (PII). This information may also be used to 
create a publicly available log of requests.
    2. Determinations on Access--To assist the FCC in making an access 
determination, a record from the system may be shared with (a) the 
person or entity that originally submitted the record to the agency or 
is the subject of the record or information; or (b) another Federal 
entity.
    3. Adjudication and Litigation--To the Department of Justice (DOJ), 
or other administrative body before which the FCC is authorized to 
appear, when: (a) The FCC or any component thereof; (b) any employee of 
the FCC in his or her official capacity; (c) any employee of the FCC in 
his or her individual capacity where DOJ or the FCC has agreed to 
represent the employee; or (d) the United States is a party to 
litigation or has an interest in such litigation, and the use of such 
records by DOJ or the FCC is deemed by the FCC to be relevant and 
necessary to the litigation.
    4. Law Enforcement and Investigation--To disclose pertinent 
information to the appropriate Federal, State, or local agency 
responsible for investigating, prosecuting, enforcing, or implementing 
a statute, rule, regulation, or order, where the FCC becomes aware of 
an indication of a violation or potential violation of civil or 
criminal law or regulation.
    5. Congressional Inquiries--To provide information to a 
congressional office from the record of an individual in response to an 
inquiry from that congressional office made at the request of that 
individual.
    6. Government-wide Program Management and Oversight--To the 
National Archives and Records Administration (NARA) for use in its 
records management inspections; to the Government Accountability Office 
(GAO) for oversight purposes; to the Department of Justice (DOJ) to 
obtain that department's advice regarding disclosure obligations under 
the Freedom of Information Act (FOIA); or to the Office of Management 
and Budget (OMB) to obtain that office's advice regarding obligations 
under the Privacy Act.
    7. National Archives and Records Administration--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 Freedom of Information 
Act (FOIA), and to facilitate OGIS' offering of mediation services to 
resolve disputes between persons making FOIA requests and 
administrative agencies.
    8. Breach Notification--To appropriate agencies, entities, and 
persons when (a) the Commission suspects or has confirmed that the 
security or confidentiality of information in the system of records has 
been compromised; (b) the Commission has determined 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 
(whether maintained by the Commission or another agency or entity) that 
rely upon the compromised information; and (c) the disclosure made to 
such agencies, entities, and persons is reasonably necessary to assist 
in connection with the Commission's efforts to respond to the suspected 
or confirmed compromise and prevent, minimize, or remedy such harm; and
    9. For Non-Federal Personnel--To disclose information to 
contractors performing or working on a contract for the Federal 
Government.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Information in this system includes both paper and electronic 
records. The paper records, documents, and files are maintained in file 
cabinets that are located in the OMD/PERM FOIA Public Liaison's office 
suite and the Office of General Counsel, and in the bureaus and offices 
of the FCC staff who provide the responses to FOIA/Privacy Act 
requests. The electronic records, files, and data are stored in 
FOIAonline and in the FCC's computer network.

RETRIEVABILITY:
    Records in this system of records are most often retrieved by the 
control number for the request, but may be retrieved by an individual's 
name,

[[Page 58932]]

organization, or request description. Records concerning initial 
requests under the FOIA and the Privacy Act are maintained by the FOIA 
Public Liaison in FOIAonline. Inquiries regarding these records should 
be addressed to the FOIA Public Liaison, Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554.
    Records concerning administrative appeals for access requests under 
the FOIA and records concerning administrative appeals for access 
requests and accountings of disclosure requests under the Privacy Act 
are maintained by the FCC's Office of General Counsel and in 
FOIAonline. Inquiries regarding these records should be addressed to 
the General Counsel, Office of General Counsel, Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554 or to [email protected].

SAFEGUARDS:
    Access to the file cabinets containing paper records in this system 
are maintained in the FOIA Public Liaison's office and in the bureau or 
office suites accessible through card-coded main doors. The FOIA file 
cabinets in the office of the FOIA Public Liaison are locked at the end 
of the business day. Access to these FOIA files is restricted to 
authorized supervisors and staff who are responsible for responding to 
the FOIA requests or appeals.
    The electronic records, files, and data are housed in FOIAonline 
and in the FCC's computer network. Access to the electronic files is 
restricted to staff in the bureaus and offices who are responsible for 
responding to FOIA requests, and to the Information Technology Center 
(ITC) staff and contractors who maintain the FCC's computer network. 
Other FCC employees and contractors may be granted access on a ``need-
to-know'' basis. The FCC's computer network databases are protected by 
the FCC's IT privacy safeguards, a comprehensive and dynamic set of IT 
safety and security protocols and features that are designed to meet 
all Federal IT privacy standards, including those required by the 
National Institute of Standards and Technology (NIST) and the Federal 
Information Security Management Act (FISMA).

RETENTION AND DISPOSAL:
    Records are retained and disposed of in accordance with the 
National Archives and Records Administration's General Records Schedule 
4.2, Items 020, 040, 050, 070, and 090.

SYSTEM MANAGER(S) AND ADDRESS:
    FOIA Public Liaison, Office of Managing Director (OMD), Federal 
Communications Commission (FCC), 445 12th Street SW., Washington, DC 
20554.
    FOIAonline is managed by the U.S. Environmental Protection Agency, 
Office of Information Collection, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460.

NOTIFICATION PROCEDURE:
    Individuals wishing to determine whether this system of records 
contains information about them may do so by writing to FOIA Public 
Liaison, Office of Managing Director (OMD), Federal Communications 
Commission (FCC), 445 12th Street SW., Washington, DC 20554, email: 
[email protected]. Individuals must furnish reasonable identification by 
showing any two of the following: Social security card; driver's 
license; employee identification card; Medicare card; birth 
certificate; bank credit card; or other positive means of 
identification, or by signing an identity statement stipulating that 
knowingly or willfully seeking or obtaining access to records about 
another person under false pretenses is punishable by a fine of up to 
$5,000. Individuals requesting access to records concerning themselves 
must also comply with the FCC's Privacy Act regulations regarding 
verification of identity and access to records (5 CFR part 0, subpart 
E).

RECORD ACCESS PROCEDURES:
    Access to information about FOIA requests and appeals is available 
through FOIAonline, https://foiaonline.regulations.gov/foia/action/public/home. Individuals wishing additional information about records 
in this system should follow the Notification Procedure above.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to contest information pertaining to him or her 
in the system of records should follow the Notification Procedure 
above.

RECORD SOURCE CATEGORIES:
    The sources for the information in this system of records are the 
individuals making requests under FOIA or the Privacy Act; the 
individuals who are the subjects of FOIA or Privacy Act requests; the 
attorneys or representatives of the requesters and the subjects of the 
requests; communication between FCC organizational units (bureaus and 
offices), and the investigative materials and related documentation and 
decisions involved in appeals, amendments, and litigation concerning 
FOIA responses, etc.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

Federal Communications Commission.

Gloria J. Miles,
Federal Register Liaison Officer, Office of the Secretary.
[FR Doc. 2016-20515 Filed 8-25-16; 8:45 am]
 BILLING CODE 6712-01-P