83 FR 9738 - Privacy Act of 1974; System of Records

FEDERAL COMMUNICATIONS COMMISSION

Federal Register Volume 83, Issue 45 (March 7, 2018)

The Federal Communications Commission (FCC or Commission or Agency) has modified an existing system of records, FCC/OGC-5, Pending Civil Cases, subject to the Privacy Act of 1974, 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. The Office of the General Counsel (OGC) uses the personally identifiable information (PII) in this system to update information or furnish additional data for the Government agency handling the pending civil case.

[Federal Register Volume 83, Number 45 (Wednesday, March 7, 2018)]
[Notices]
[Pages 9738-9740]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-04562]


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FEDERAL COMMUNICATIONS COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a modified system of records.

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SUMMARY: The Federal Communications Commission (FCC or Commission or 
Agency) has modified an existing system of records, FCC/OGC-5, Pending 
Civil Cases, subject to the Privacy Act of 1974, 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. The Office of the General Counsel 
(OGC) uses the personally identifiable information (PII) in this system 
to update information or furnish additional data for the Government 
agency handling the pending civil case.

DATES: This action will become effective on March 7, 2018. The routine 
uses in this action will become effective on April 6, 2018 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 
and the Supplementary Document, which includes details of the proposed 
alterations to this system of records).

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OGC-5, Pending Civil Cases, as a result of an increased use of 
electronic information technology. The substantive changes and 
modifications to the previously published version of the FCC/OGC-5 
system of records include:
    1. Change to the Security Classification to note OMB's guidance 
that this system's records are not classified.
    2. Addition of 31 U.S.C. 3729-3733 to the Authorities for 
Maintenance of the System.
    3. Numerous changes to the Record Source Categories to include 
individuals who file or are subjects of civil cases; attorneys or 
representatives of claimants and subjects of civil cases; communication 
between FCC bureaus and offices, Justice Department and U.S. attorneys, 
and other Federal agencies including U.S. District Courts; and parties 
to civil cases and proceedings and investigative materials, related 
documentation, and decisions including appeals, amendments, litigation, 
and related matters.
    4. Deletion of one routine use: (2) Public Access, since releases 
under the FOIA are covered by 5 U.S.C. 552a(b)(2), so a separate 
routine use for them is not needed.
    5. Updating language, adding information, and/or renumbering five 
routine uses: (1) Adjudication and Litigation (previously (2)); (2) Law 
Enforcement and Investigation; (3) Congressional Inquiries; and (4) 
Government-wide Program Management and Oversight.
    6. Adding three new routine uses: (5) Breach Notification to 
address real or suspected data breach situations at the FCC; (6) 
Assistance to Federal Agencies and Entities for assistance with other 
Federal agencies' data breach situations; and (7) For Non-Federal 
Personnel to allow contractors performing or working on a contract for 
the Federal Government access to information. Routine Uses (5) and (6) 
are required by OMB Memorandum m-17-12.
    7. Adding a new section: Reporting to a Consumer Reporting Agency 
to address valid and overdue debts owed by individuals to the FCC under 
the Debt Collection Act, as recommended by OMB.
    The system of records is also updated to reflect various 
administrative changes related to the system managers and system 
addresses; policy and practices for storage, retrieval, and retention 
and disposal of the records; administrative, technical, and physical 
safeguards; and updated notification, records access, and contesting 
records procedures.
SYSTEM NAME AND NUMBER:
     FCC/OGC-5, Pending Civil Cases.

SECURITY CLASSIFICATION:
    No information in this system is classified.

SYSTEM LOCATION:
    Office of General Counsel (OGC), Federal Communications Commission 
(FCC), 445 12th Street SW, Washington, DC 20554.

SYSTEM MANAGER(S) AND ADDRESS:
    Office of General Counsel (OGC), Federal Communications Commission 
(FCC), 445 12th Street SW, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    47 U.S.C. 401 and 402; 31 U.S.C. 3729-3733.

[[Page 9739]]

PURPOSE(S):
    Information in this system of records is used by Commission 
attorneys to update information or furnish additional data for the 
Government agency handling the pending civil case.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any individual who has a miscellaneous case involving the Federal 
Communications Commission (FCC) before any District Court, before any 
Court of Appeals, and before the Supreme Court.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information in this system of records may include, but is not 
limited to letters, memoranda, pleadings, briefs, and bankruptcy 
papers.

RECORD SOURCE CATEGORIES:
    The sources for the information in this system of records include 
but are not limited to:
    (a) Individuals filing claims in civil cases;
    (b) Individuals who are the subjects of such claims in civil cases;
    (c) Attorneys or representatives of the claimants and the subjects 
of the claims in civil cases;
    (d) Communication between FCC organizational units (bureaus and 
offices), the Justice Department including U.S. Attorneys, and other 
Federal agencies including U.S. District Courts; and
    (e) Parties to the proceedings and the investigative materials and 
related documentation and decisions that involve, but are not limited 
to appeals, amendments, and litigation concerning such claims in civil 
cases.

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. Adjudication and Litigation--To disclose information 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.
    2. 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.
    3. 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.
    4. Government-wide Program Management and Oversight--To disclose 
information 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.
    5. Breach Notification -To appropriate agencies, entities, and 
persons when: (a) The Commission suspects or has confirmed that there 
has been a breach of the system of records; (b) the Commission has 
determined that as a result of the suspected or confirmed breach there 
is a risk of harm to individuals, the Commission (including its 
information systems, programs, and operations), the Federal Government, 
or national security; 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 
breach or to prevent, minimize, or remedy such harm.
    6. Assistance to Federal Agencies and Entities--To another Federal 
agency or Federal entity, when the Commission determines that 
information from this system is reasonably necessary to assist the 
recipient agency or entity in: (a) Responding to a suspected or 
confirmed breach or (b) preventing, minimizing, or remedying the risk 
of harm to individuals, the recipient agency or entity (including its 
information systems, program, and operations), the Federal Government, 
or national security, resulting from a suspected or confirmed breach.
    7. For Non-Federal Personnel--To disclose information to 
contractors performing or working on a contract for the Federal 
Government.

REPORTING TO A CONSUMER REPORTING AGENCY:
    In addition to the routine uses listed above, the Commission may 
share information from this system of records with a consumer reporting 
agency regarding an individual who has not paid a valid and overdue 
debt owed to the Commission, following the procedures set out in the 
Debt Collection Act, 31 U.S.C. 3711(e).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    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 Office of General Counsel, and in the 
bureaus and offices (B/Os) of the FCC staff who provide the responses 
to such claims. The electronic records, files, and data are stored in 
the FCC's computer network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the name of the individual filing or 
subject of the claim.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the agency 
records control schedule N1-173-91-001, Item 6, approved by the 
National Archives and Records Administration (NARA).
    The records are destroyed 3 years after closure of the matter or 
when no longer required for administrative purposes, whichever is 
sooner.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The file cabinets containing paper records in this system are 
maintained in file cabinets in ``non-public'' rooms in the Office of 
General Counsel and in the bureau or office (B/O) suites. The OCG and 
B/O file cabinets are locked at the end of the business day. Access to 
these offices is through key and card-coded main doors. Only authorized 
OCG and B/O supervisors and staff, who are responsible for responding 
to them, may have access to these paper records. The electronic 
records, files, and data are housed in the FCC's computer network. 
Access to the electronic files is restricted to staff in the bureaus 
and

[[Page 9740]]

offices who are responsible for responding to such claims, and to the 
Information Technology (IT) 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 Modernization 
Act of 2014 (FISMA).

NOTIFICATION PROCEDURE:
    Individuals wishing to determine whether this system of records 
contains information about them may do so by writing to Leslie F. 
Smith, Privacy Manager, Information Technology (IT), Federal 
Communications Commission (FCC), 445 12th Street SW, Washington, DC 
20554, or 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 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 PROCEDURE:
    Individuals wishing to request access to and/or amendment of 
records about them should follow the Notification Procedure above.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request an amendment of records about them 
should follow the Notification Procedure above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    The FCC previously gave notice of this system of records, FCC/OGC-
5, by publication in the Federal Register on April 5, 2006 (71 FR 
17234, 17244).

Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2018-04562 Filed 3-6-18; 8:45 am]
 BILLING CODE 6712-01-P