82 FR 45850 - Privacy Act of 1974; System of Records

GENERAL SERVICES ADMINISTRATION

Federal Register Volume 82, Issue 189 (October 2, 2017)

GSA proposes to add two routine uses and make minor or clarifying changes to two existing routine uses for a system of records subject to the Privacy Act of 1974, as amended, ``Office of General Counsel Case Tracking and eDiscovery System,'' broadly covers the information in identifiable form needed for tracking, storing and searching materials for litigation and pursuant to Freedom of Information Act (FOIA) requests. The previously published notice (82 FR 12350, March 2, 2017) is being revised to add two new routine uses and make minor or clarifying changes to two existing routine uses.

[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45850-45851]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-20972]



[[Page 45850]]

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GENERAL SERVICES ADMINISTRATION

[Notice-ID-2017-01; Docket 2017-0002; Sequence No. 1]


Privacy Act of 1974; System of Records

AGENCY: Office of the Deputy Chief Information Officer, General 
Services Administration, (GSA).

ACTION: Notice of a modified system of records.

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SUMMARY: GSA proposes to add two routine uses and make minor or 
clarifying changes to two existing routine uses for a system of records 
subject to the Privacy Act of 1974, as amended, ``Office of General 
Counsel Case Tracking and eDiscovery System,'' broadly covers the 
information in identifiable form needed for tracking, storing and 
searching materials for litigation and pursuant to Freedom of 
Information Act (FOIA) requests. The previously published notice (82 FR 
12350, March 2, 2017) is being revised to add two new routine uses and 
make minor or clarifying changes to two existing routine uses.

DATES: The two new routine uses and clarified routine use ``e'' are 
effective November 1, 2017. Comments on the two new routine uses and 
one clarified routine use for the system of records notice must be 
submitted by November 1, 2017.

ADDRESSES: Submit comments identified by ``Notice-ID-2017-01, Notice of 
Revised System of Records'' by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for Notice-ID-
2017-01, Notice of Revised System of Records. Select the link ``Comment 
Now'' that corresponds with ``Notice-ID-2017-01, Notice of Revised 
System of Records.'' Follow the instructions provided on the screen. 
Please include your name, company name (if any), and ``Notice-ID-2017-
01, Notice of Revised System of Records'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. 
ATTN: Mr. Poe/Notice-ID-2017-01, Notice of Revised System of Records.
    Instructions: Comments received generally will be posted without 
change to http://www.regulations.gov, including any personal and/or 
business confidential information provided. To confirm receipt of your 
comment(s), please check http://www.regulations.gov, approximately two 
to three days after submission to verify posting (except allow 30 days 
for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Call or email the GSA Chief Privacy 
Officer: telephone 202-322-8246; email [email protected].

SUPPLEMENTARY INFORMATION: The new routine uses will enable the system 
to disclose records to other agencies pursuant to GSA's FOIA 
consultation, referral, and coordination process (routine use ``j'') 
and to the National Archives and Records Administration, Office of 
Government Information Services (OGIS) so that it may review agency 
compliance with FOIA, provide mediation services to resolve FOIA 
disputes, and identify policies and procedures for improving FOIA 
compliance (routine use ``k''). In addition, a clarifying change is 
being made to more accurately reflect the meaning of existing routine 
use ``e'' but the scope of that routine use is not changing. Lastly, a 
minor change is being made to existing routine use ``h'' to reflect 
current Office of Management and Budget (OMB) guidance.
    The new routine uses will permit disclosures pursuant to GSA's FOIA 
consultation, referral, and coordination process at 41 CFR 105-60.301 
(routine use ``j'') and to the National Archives and Records 
Administration, Office of Government Information Services (OGIS), for 
all purposes set forth in 5 U.S.C. 552(h)(2)(A-B) and (3) (new routine 
use ``k''). A clarifying change is being made to more accurately 
reflect the meaning of existing routine use ``e'' and a minor change is 
being made to existing routine use ``h'' to reflect current Office of 
Management and Budget (OMB) guidance.

Richard Speidel,
Chief Privacy Officer, Office of the Deputy Chief Information Officer, 
General Services Administration.
SYSTEM NAME AND NUMBER:
    Office of General Counsel Case Tracking and eDiscovery System, GSA/
OGC-1.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    The system is maintained electronically in the Office of General 
Counsel, the regional counsels' offices and the Office of 
Administrative Services.

SYSTEM MANAGER(S):
    Office of General Counsel Central Office Records Management 
Coordinator, Office of General Counsel, General Services 
Administration, 1800 F Street NW., Washington, DC, 20405.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    General authority to maintain the system is contained in 5 U.S.C. 
301 and 44 U.S.C. 3101; the Federal Property and Administrative 
Services Act of 1949 (40 U.S.C. 501 et seq.); the Federal Tort Claims 
Act (28 U.S.C. 2671 et seq.); Claims (Chapter 37 of Title 31 of the 
U.S. Code).

PURPOSE(S) OF THE SYSTEM:
    This system will track and store electronic information, including 
imaged and paper documents, to allow GSA to represent itself and its 
components in court cases and administrative proceedings and respond to 
FOIA requests. The system will provide for the collection of 
information to track and manage administrative matters, claims and 
litigation cases in the Office of General Counsel and for searches 
pursuant to FOIA requests processed by the Office of Administrative 
Services.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals involved with administrative matters, claims or 
litigation with GSA. Individuals referenced in potential or actual 
cases and matters under the jurisdiction of the Office of General 
Counsel; and attorneys, paralegals, and other employees of the Office 
of General Counsel directly involved in these cases or matters.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains information needed for administering and 
properly managing and resolving the cases in the Office of General 
Counsel and responding to FOIA requests. Records in this system pertain 
to a broad variety of administrative matters, claims and litigation 
under the jurisdiction of the Office of General Counsel including, but 
not limited to, torts, contract disputes, and employment matters. 
Records may include but are not limited to: Name, social security 
number, home address, home phone number, email address, birth date, 
financial information, medical records, or employment records.

RECORD SOURCE CATEGORIES:
    The sources for information in the system are data from other 
systems, information submitted by individuals or their representatives, 
information

[[Page 45851]]

gathered from public sources, and information from other entities 
involved in an administrative matter, claim or litigation.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND 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 GSA as 
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To the Department of Justice or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when: (a) GSA or any component thereof, or (b) any 
employee of GSA in his/her official capacity, or (c) any employee of 
GSA in his/her individual capacity where DOJ or GSA has agreed to 
represent the employee, or (d) the United States or any agency thereof, 
is a party to the litigation or has an interest in such litigation, and 
GSA determines that the records are both relevant and necessary to the 
litigation.
    b. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate authority 
charged with investigating or prosecuting a violation or enforcing or 
implementing a law, rule, regulation, or order, where a record, either 
on its face or in conjunction with other information, indicates a 
violation or potential violation of law, which includes criminal, 
civil, or regulatory violations and such disclosure is proper and 
consistent with the official duties of the person making the 
disclosure.
    c. To the Office of Personnel Management (OPM), the Office of 
Management and Budget (OMB), and the Government Accountability Office 
(GAO) in accordance with their responsibilities for evaluating Federal 
programs.
    d. To an appeal, grievance, hearing, or complaints examiner; an 
equal employment opportunity investigator, arbitrator, or mediator; and 
an exclusive representative or other person authorized to investigate 
or settle a grievance, complaint, or appeal filed by an individual who 
is the subject of the record.
    e. To a Member of Congress or his or her staff in response to a 
request made on behalf of and at the request of the individual who is 
the subject of the record.
    f. To an expert, consultant, or contractor of GSA in the 
performance of a Federal duty to which the information is relevant.
    g. To the National Archives and Records Administration (NARA) for 
records management purposes.
    h. To appropriate agencies, entities, and persons when (1) GSA 
suspects or has confirmed that there has been a breach of the system of 
records, (2) GSA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, GSA (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with GSA's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    i. To another Federal agency or Federal entity, when GSA determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) preventing, minimizing, or remedying the 
risk of harm to individuals, the recipient agency or entity (including 
its information systems, programs, and operations), the Federal 
Government, or national security, resulting from a suspected or 
confirmed breach.
    j. To another Federal agency, when GSA believes that it is 
reasonably necessary to ascertain whether that agency is better able to 
determine if the records are releasable under the FOIA, in accordance 
with GSA's consultation, referral, and coordination process at 41 CFR 
105-60.301.
    k. 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, and to facilitate OGIS' offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Electronic records and backups are stored on secure servers 
approved by GSA Office of the Chief Information Security Officer 
(OCISO) and accessed only by authorized personnel. Paper files are 
stored in locked rooms or filing cabinets.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrievable by a variety of fields including, without 
limitation, name of an individual involved in a case, email address, 
email heading, email subject matter, business or residential address, 
social security number, phone number, date of birth, contract files, 
litigation files or by some combination thereof.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    System records are retained and disposed of according to GSA 
records maintenance and disposition schedules and the requirements of 
the National Archives and Records Administration.

ADMINISTRATIVE, TECHNICAL AND PHYSICAL SAFEGUARDS:
    Access is limited to authorized individuals with passwords or keys. 
Electronic files are maintained behind a firewall, and paper files are 
stored in locked rooms or filing cabinets.

RECORD ACCESS PROCEDURES:
    Individuals wishing to access their own records should contact the 
system manager at the above address. Procedures for accessing the 
content of a record in the Case Tracking and eDiscovery System and 
appeal procedures can also be found at 41 CFR Part 105-64.2.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to contest the content of any record pertaining 
to him or her in the system should contact the system manager at the 
above address. Procedures for contesting the content of a record in the 
Case Tracking and eDiscovery System and appeal procedures can also be 
found at 41 CFR part 105-64.4.

NOTIFICATION PROCEDURES:
    Individuals wishing to inquire if the system contains information 
about them should contact the system manager at the above address. 
Procedures for receiving notice can also be found at 41 CFR part 105-
64.4.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    This notice revises the previously published notice (82 FR 12350, 
March 2, 2017).

[FR Doc. 2017-20972 Filed 9-29-17; 8:45 am]
 BILLING CODE 6820-34-P