[Federal Register Volume 61, Number 86 (Thursday, May 2, 1996)]
[Notices]
[Pages 19613-19614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10866]




[[Page 19613]]


Privacy Act of 1974: System of Records

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice of new system of records.

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SUMMARY: The Commodity Futures Trading Commission is updating its 
systems of records maintained under the Privacy Act to include data 
from the electronic key card systems used by the Commission in its 
Headquarters Office in Washington, D.C. and its regional offices in 
Chicago, Los Angeles and Kansas City. A similar electronic system is 
expected to be in place in the Commission's Minneapolis, Minnesota 
office in 1997. This notice is intended to inform the public of the 
existence and character of this system of records. The Commission is 
also proposing routine uses for this system.

DATES: Effective date of system: June 11, 1996, unless comments are 
received by the Commission which require a different determination.
    Comments concerning routine uses must be received on or before June 
3, 1996.

ADDRESSES: Comments concerning routine uses should be addressed to Jean 
A. Webb, Secretary, Commodity Futures Trading Commission, Three 
Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

FOR FURTHER INFORMATION CONTACT: Susan Nathan, Office of General 
Counsel, (202) 418-5120, Lisa La Chance, Office of Administrative 
Services, (202) 418-5167, Commodity Futures Trading Commission, Three 
Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, and the Commission's implementing regulations, 17 CFR 
part 146, the Commission is publishing a description of a new system of 
records. The Commission's Office of Administrative Services is 
responsible for the Commission's physical plant, including leasing, 
maintenance and physical security. Generally, leases for Commission 
office space include provisions that the landlord is to provide 
adequate security, at least comparable to industry norms for the 
geographic area, to include an electronic key card system which will, 
inter alia, limit physical access to some or all of the space leased by 
the Commission. The key card systems for the headquarters, Kansas City 
and Los Angeles locations are maintained by the respective landlords. 
The key card system for the office suites in the Commission's Chicago 
office is maintained by the Commission, while the after business hours 
key card system for the elevators in the Chicago office is maintained 
by the landlord.
    As part of such a system, Commission employees are each provided 
with separately identifiable key cards and each use of any key card is 
recorded on the landlord's computerized tracking system, or the 
Commission's system in the case of the Chicago office. Similarly, 
representatives of the landlords, including maintenance and custodial 
personnel have key cards. Visitors may be temporarily issued key cards 
by the Commission.
    Upon request to a landlord by the Director, Office of 
Administrative Services (or his/her designee), the landlord will 
provide a print-out of recorded use of one or more key cards within a 
block of time. Printouts usually contain the number of the key card and 
the name of the person to whom that key card is assigned.
    Principally this system of records consist of the data obtained 
from a landlord. It also includes, however, the records maintained by 
the Commission for the Chicago office suite. None of the Commission's 
landlords is a government entity, and the system of records does not 
include any information on usage of key cards held solely by a 
landlord. Accordingly, no person may, under section 552a(d), obtain 
information concerning material solely in a landlord's possession 
concerning themselves, see Notification Procedures, infra. If should be 
noted, however, that the Commission's landlords represent that in the 
ordinary course they retain this data for no more than six months. The 
Commission retains its records for the Chicago office for about 90 
days.
    The principal purposes of the key card system relate to security of 
personnel and property. Information about usage may, however, be 
accessed for security and non-security purposes.
    Thus, in the case of a theft on agency premises, a printout or 
similar document would be obtained showing entries into the relevant 
portion of the premises. This information might be conveyed to local or 
other law enforcement authorities. If a question arose whether an 
agency employee had in fact been at his or her workstation during non-
business hours for purposes of a claim for overtime pay, the records of 
key card usage might be accessed to confirm or rebut the claim. The 
Commission does not, however, use the key card system for regular, 
routine time and attendance purposes. See 5 U.S.C. 6106. The system may 
also be used for analysis of traffic and similar space usage purposes 
and may be accessed as part of service of data processing systems.
    Accordingly, the Commission proposes the establishment of the 
following system of records:
CFTC-33
System name:
    Electronic key card usage.
System location:
    Office of Administrative Services, Commodity Futures Trading 
Commission, Three Lafayette Center, 1155 21st Street NW., Washington, 
DC 20581.
Authority for maintenance of the system:
    Sections 2(a)(2)(A)(b) and 12(b)(3), Commodity Exchange Act, 7 
U.S.C. 4a(e) and 16(b)(3).
Routine Uses of Records Maintained in the System, including categories 
of users and the purposes of such uses:
    See the Commission's ``General Statement of Routine Uses,'' Nos. 1, 
2, 6 and 7, Privacy Act Issuances, 1991 Comp., Vol. IV, p. 144. In 
addition, information contained in this system may be disclosed by the 
Commission (1) to any person in connection with architectural, security 
or other surveys concerning use of office space and (2) to employees 
and contractors for the purpose of maintenance or service of data 
processing systems.
Policies and practices for storing, retrieving, accessing, retaining 
and disposing of records in the system:
Storage:
    Paper records in file folders, computer diskettes and computer 
memory.
Retrievability:
    By name of the subject, by assigned key card number, by time period 
and by entry point.
SAFEGUARDS:
    Information from the Commission's landlords' data bases may only be 
requested from the landlords by the Director of the Office of 
Administrative Services, or his/her designee. The Commission maintains 
all key card usage records in limited access areas at all times.
Retention and disposal:
    In accordance with the general record schedules and the 
Commission's record management handbook the records in the system are 
considered temporary and are destroyed when no longer required.

[[Page 19614]]

System manager(s) and address:
    Director, Office of Administrative Services, Commodity Futures 
Trading Commission, 1155 21st Street NW., Washington, DC 20581.
Notification procedures:
    Individuals seeking to determine whether the system of records 
contains information about themselves, seeking access to records about 
themselves in the system of records or contesting the content of 
records about themselves should address written inquiries to the FOIA, 
Privacy and Sunshine Acts Compliance Staff, Commodity Futures Trading 
Commission, 1155 21st Street NW., Washington, DC 20581. The system of 
records and the notification, access and challenge procedures apply 
only to records of key card usage in the Commission's actual 
possession. None of these applies to any information solely in a 
landlord's possession.
Record access procedures:
    See ``Notification Procedures,'' above.
Contesting record procedures:
    See ``Notification Procedures,'' above.
Record source categories:
    With one exception, information in the system is supplied by the 
Commission's landlords, typically on request. Information supplied is a 
record of use of electronic key cards and in that sense the information 
is obtained directly from the users of the key cards. Information in 
the data base maintained in Chicago by the Commission itself is also 
merely recorded usage of electronic key cards and similarly is obtained 
directly from the user of the key card.

    Issued in Washington, DC, on April 26, 1996, by the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 96-10866 Filed 5-1-96; 8:45 am]
BILLING CODE 6351-01