[Federal Register Volume 59, Number 199 (Monday, October 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25546]


[[Page Unknown]]

[Federal Register: October 17, 1994]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Social Security Administration

 

Privacy Act of 1974; Report of New Routine Use

AGENCY: Social Security Administration (SSA), Department of Health and 
Human Services (HHS).

ACTION: Addition of a new routine use to seven systems of records.

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SUMMARY: In accordance with the Privacy Act (5 U.S.C. 552a(e)(4) and 
(11)), we are issuing public notice of our intent to establish a new 
routine use applicable to seven of SSA's systems of records. The 
proposed routine use would provide for disclosure from the systems of 
records to law enforcement agencies and private security contractors 
when information is needed to respond to, investigate, or prevent 
activities that jeopardize the security and safety of SSA customers, 
employees or workplaces or that otherwise disrupt the operation of SSA 
facilities. Information would also be disclosed to assist in the 
prosecution of persons charged with violating Federal or local law in 
connection with such activities.
    We invite public comment on this publication.

DATES: We filed a report of a new routine use with the Chairman, 
Committee on Government Operations of the House of Representatives, and 
the Chairman, Committee on Governmental Affairs of the Senate, and the 
Administrator, Office of Information and Regulatory Affairs, Office of 
Management and Budget on September 20, 1994. The routine use will 
become effective, as proposed, without further notice October 31, 1994, 
unless we receive comments on or before that date that would result in 
a contrary determination.

ADDRESSES: Interested individuals may comment on this publication by 
writing to the SSA Privacy Officer, Social Security Administration, 
Room 3-D-1 Operations Building, 6401 Security Boulevard, Baltimore, 
Maryland 21235. All comments received will be available for public 
inspection at that address.

FOR FURTHER INFORMATION CONTACT: Mr. Andrew Garreis, Social Insurance 
Specialist, Standards and Compliance Branch, Division of Technical 
Documents and Privacy, Office of Regulations, Office of Policy, Social 
Security Administration, 3-D-1 Operations Building, 6401 Security 
Boulevard, Baltimore, Maryland 21235, telephone 410-965-5533.

SUPPLEMENTARY INFORMATION:

I. Discussion of Proposed Routine Use

A. Background

    We propose to add a routine use to the systems of records listed 
below. The proposed routine use is necessary to ensure the security of 
SSA workplaces and the safety of SSA customers and employees.
    Occasionally SSA offices find it necessary to disclose information 
to law enforcement agencies and private security contractors in order 
to ensure the security of the workplace and the safety of those in it. 
These incidents usually involve: Physical violence; the use, attempted 
use or display of a weapon; malicious damage to SSA or employee 
property; credible threats of physical violence against an employee, a 
customer or the premises; verbal abuse against an employee or customer; 
and other activities that disrupt the operations of SSA offices.

B. Disclosures to Law Enforcement Agencies and Private Security 
Contractors

    Federal, State, and local law enforcement agencies and private 
security contractors have responsibility for preventing, handling, 
monitoring, and investigating incidents that affect the safety and 
security of SSA customers, employees and workplaces or otherwise 
disrupt SSA operations. Prosecution of persons involved in these 
activities for violation of Federal or local laws may also be 
appropriate. SSA managers of most SSA leased facilities have to rely 
primarily on local law enforcement authorities and private security 
contractors to meet the protective security needs of customers, 
employees and workplaces.
    In order to protect individuals and premises and deal with 
incidents, law enforcement and private security personnel need 
information from SSA systems of records. Although the Privacy Act 
permits disclosure without consent to protect the health or safety of 
individuals (5 U.S.C. 552a(b)(8)), the conditions which must be met 
under this provision sometimes preclude its application in follow-up 
investigations when there is no immediate emergency. Also, the 
requirement under this exception that the individual must be notified 
of the disclosure could have potentially dangerous consequences for SSA 
employees. They could be subjected to retaliation. The Privacy Act (5 
U.S.C. 552a(b)(7)) also permits disclosure without consent to a law 
enforcement agency for a valid law enforcement activity when an 
appropriate official of that agency submits a written request. However, 
this provision does not permit disclosure without such a request and 
would not apply when SSA has a need to disclose on its own initiative.
    To enable SSA to disclose information in compliance with the 
Privacy Act in all situations that affect the safety and security of 
SSA customers, employees or workplaces, we are proposing the following 
routine use to permit disclosure:

    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.

    We are not republishing in their entirety the notices of the 
systems of records to which we are adding the new routine use statement 
because of the large number of those systems of records and the costs 
of republishing the individual notices of each one. Instead, we are 
republishing only the identification number and the name of each 
system, and the volume, page number, and date of the Federal Register 
issue in which the systems notice was last published, either in a 
composite listing of systems of records or as an individual system 
notice.
    The following systems notices were last published at 52 FR 12084, 
April 14, 1987, in a composite listing which added a routine use:

09-60-0005--Hearing Office File, HHS/SSA/OHA;
09-60-0066--Claims Development Record, HHS/SSA/RO; and
09-60-0078--Public Inquiry Correspondence File, HHS/SSA/RO.

    The following systems notices were published at 58 FR 35025, June 
30, 1993, as individual notices:

09-60-0058--Master Files of Social Security Number Holders, HHS/SSA/
OSR;
09-60-0089--Claims Folders System, HHS/SSA/OP;
09-60-0090--Master Beneficiary Record, HHS/SSA/OSR; and
09-60-0103--Supplemental Security Income Record, HHS/SSA/OSR.

II. Compatibility of Proposed Routine Use

    We are proposing the changes discussed above in accordance with the 
Privacy Act (5 U.S.C. 552a(a)(7), (b)(3), and (e)(11)) and our 
disclosure regulation (20 CFR part 401).
    The Privacy Act permits us to disclose information about 
individuals without their consents for a routine use, i.e., where the 
information will be used for a purpose that is compatible with the 
purpose for which we collected the information. As here pertinent, our 
regulation implementing that statute states that a disclosure serves 
such a compatible purpose when the disclosure is necessary to carry out 
SSA's programs. We believe that the disclosures contemplated under this 
routine use meet the compatibility requirement for routine uses under 
the Privacy Act and the regulation. In order for SSA to carry out its 
programs, it must ensure that its places of business are safe and 
secure for both customers and employees, that premises and property are 
safe from theft and damages, that employees can perform their duties 
without fear of intimidation or injury, and that SSA can prevent and 
appropriately deal with disruptions in the operation of its facilities. 
In so far as disclosure to law enforcement agencies and private 
security contractors will help to accomplish these objectives, the 
disclosures are an integral part of our program administration 
responsibilities. Thus, the proposed disclosures meet the compatibility 
criterion discussed above because they are necessary for program 
administration.

III. Effect of the Proposal on Individual Rights

    Although disclosures will be made to law enforcement and/or private 
security personnel, SSA will follow all statutory and regulatory 
requirements for disclosure. Therefore, we do not anticipate that the 
disclosures will have any unwarranted effect on the privacy or other 
rights of individuals.

IV. Other Changes

    No changes, other than the new routine use, are being made to the 
notices of systems of records in this publication.

    Dated: September 20, 1994.
Shirley S. Chater,
Commissioner of Social Security.
[FR Doc. 94-25546 Filed 10-14-94; 8:45 am]
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