[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Notices]
[Pages 48733-48734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23292]



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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-36228; PA-19; File No. S7-27-95]


Privacy Act of 1974; Establishment of New System of Records, 
Telephone Call Detail Records (SEC-39)

AGENCY: Securities and Exchange Commission.

ACTION: Notification of the establishment of a new system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission 
(Commission) gives notice of a new Privacy Act system of records, 
Telephone Call Detail Records (SEC-39).

DATES: Comments on the establishment of the new system of records must 
be received no later than October 20, 1995. The new system of records 
will be effective October 30, 1995, unless the Commission receives 
comments which would result in a contrary determination.

ADDRESSES: Persons wishing to submit comments should file three copies 
thereof with Jonathan G. Katz, Secretary, Securities and Exchange 
Commission, 450 Fifth Street NW., Washington, DC 20549. Reference 
should be made to File No. S7-27-95. Copies of the submission and all 
written comments will be available for public inspection and copying at 
the Commission's Public Reference Room, 450 Fifth Street NW., 
Washington, DC 20549.

For Further Information Contact: Hannah R. Hall, Privacy Act Officer, 
Tel. (202) 942-4320, Securities and Exchange Commission, 450 Fifth 
Street NW., Washington, DC 20549

SUPPLEMENTARY INFORMATION: This report is to give notice of the 
establishment of a new system of records entitled Telephone Call Detail 
Records--SEC-39, which is subject to the Privacy Act of 1974, 5 U.S.C. 
552a.
    The Commission is establishing the Telephone Call Detail Records 
system to enhance its ability to assess employee use of the telephone 
systems provided by the Commission (i.e. Private Automated Branch 
Exchange (PABX) telephone system installed at the Headquarters Building 
in Washington, DC, and the Operations Center and the Operations Center 
Annex in Alexandria, Virginia, and the Federal Telecommunications 
System (FTS) throughout the entire Commission), and to assist 
investigations into possible employee and contractor misconduct. Since 
parts of this system may be used to retrieve information about an 
individual through the telephone number that has been assigned to that 
individual, the Privacy Act of 1974, as amended, requires a general 
notice of the existence of this system of records to the public. The 
information may be used for telecommunication traffic studies, cost 
projections or other management studies and to enable the Commission to 
determine responsibility for placement of specific calls in connection 
with inquiries into possible employee or contractor misconduct, 
including misuse of Government-provided telephones. The records 
generated by the telephone system used by the Commissions's 
Headquarters Building, the Operations Center and the Operations Center 
Annex may identify the numbers called from a particular extension, 
calls made from or received at a particular extension, the date and 
time of the call and the length of the call. This system may also 
contain telephone assignment records, records reflecting the location 
of government telephones and requests for information concerning calls 
made to or from particular extensions.
    The new system of records report, as required by 5 U.S.C. 552a(r) 
of the Privacy Act, has been submitted to the Committee on Government 
Oversight and Reform of the U.S. House of Representatives, the 
Committee on Government Affairs of the U.S. Senate, and the Office of 
Management and Budget, pursuant to Appendix I to OMB Circular A-130, 
``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' dated July 15, 1994.
    Accordingly, the Commission is giving notice of the establishment 
the following system of records, entitled Telephone Call Detail 
Records:
SEC-39
    Telephone Call Detail Records.
    Securities and Exchange Commission, 450 Fifth Street, NW, 
Washington, DC 20549.
    Records are maintained on individuals (generally Commission 
employees and contractor personnel) who make local and/or long distance 
calls and individuals who receive telephone calls placed from 
Commission telephones.
    Records relating to the use of Commission telephones to place or 
receive local and/or long distance calls, whether through the Private 
Automated Branch Exchange (PABX) telephone system, the Federal 
Telecommunications System (FTS), commercial systems, or similar 
systems; records indicating assignment of telephone numbers to 
employees; and records relating to requests for telephone call detail 
information (specifically, it includes the telephone number that is 
assigned to an individual, the telephone number called 

[[Page 48734]]
for all outgoing calls, the date and time of the call and the length of 
the call).
    15 U.S.C. 78d; 15 U.S.C. 78w; 5 U.S.C. 301; and 41 CFR subpart 201-
21.6.
    Records and data may be disclosed as necessary (1) to employees of 
the Office of Inspector General in connection with investigations of 
employee or contractor misconduct; (2) to employees or contractors of 
the Commission to determine individual responsibility for telephone 
calls; (3) to representatives of the General Services Administration or 
the National Archives and Records Administration who are conducting 
records management inspections under the authority of 44 U.S.C. 2904 
and 2906; (4) in response to a request for discovery or for the 
appearance of a witness, to the extent that what is disclosed is 
relevant to the subject matter involved in a pending judicial or 
administrative proceeding; (5) in a proceeding before a court or 
adjudicative body to the extent that they are relevant and necessary to 
the proceeding; (6) in the event that material in this system indicates 
a violation of law, whether civil, criminal or regulatory in nature, 
and whether arising by general statute, or by regulation, rule or order 
issued pursuant thereto, the relevant records may be disclosed to the 
appropriate agency, whether Federal, State, local or foreign, charged 
with the responsibility of investigating or prosecuting such violation 
or charged with enforcing or implementing the statute, or rule, 
regulation or order, issued pursuant thereto; (7) to a 
telecommunications company providing telecommunications support to 
permit servicing the account; (8) to agency management in connection 
with employees suspected of misuse of Government-provided telephones 
that might result in the initiation of disciplinary action; and (9) to 
agency personnel for use in obtaining a sample of callers for follow-up 
surveys to assess customer service.
    Records are maintained on computer diskettes, electronic media, 
and/or hard copy media.
    Records are retrievable by a Commission telephone number that is 
assigned to an individual, by the telephone number called for all 
outgoing calls, by the date and time of the call, and by the length of 
the call.
    Records are safeguarded through the use of appropriate computer 
passwords to restrict access. In addition, floppy disks are kept in a 
locked room which may only be entered with a pass key.
    Records are retained on-site for three (3) years. Thereafter, 
records will be transferred in accordance with National Archives and 
Records Administration General Records Schedule 12.
    Voice Communications Manager, Facilities Branch, Office of 
Administrative and Personnel Management, Securities and Exchange 
Commission, Room 2C05, 450 Fifth Street, NW, Washington, DC 20549.
    All requests to determine whether this system of records contains a 
record pertaining to the requesting individual may be directed to the 
Privacy Act Officer, Securities and Exchange Commission, 450 Fifth 
Street, NW, Washington, DC 20549.
    Persons wishing to obtain information on the procedures for gaining 
access to or contesting the contents of these records may contact the 
Privacy Act Officer, Securities and Exchange Commission, 450 Fifth 
Street, NW, Washington, DC 20549.
    Telephone directory, call detail listing, and requests for call 
detail information.
    None.

    Dated: September 14, 1995.
    By the Commission.
Margaret H. McFarland,
Deput Secretary.
[FR Doc. 95-23292 Filed 9-19 -95; 8:45 am]
BILLING CODE 8010-01-P