[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Notices]
[Pages 43738-43739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21673]


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COMMODITY FUTURES TRADING COMMISSION


Privacy Act of 1974: System of Records

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice of effectiveness of new system of records.

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SUMMARY: On May 2, 1996 the Commission gave notice of a new system of 
records maintained under the Privacy Act to include data from 
electronic key card systems used by the Commission in its Headquarters 
Office in Washington, D.C. and in certain of its regional offices (61 
FR 19613). The Commission also invited public comment concerning two 
proposed routine uses for this system. No comments were received. This 
notice is intended to inform the public of the effective date of the 
system of records and the two new routine uses. Also with this 
publication, clarifying language is being added to the systems notice 
under the headings ``System Location'' and ``Record Source 
Categories.''

DATES: The effective date of this system of records is June 11, 1996, 
and of the new routine uses is August 26, 1996.

ADDRESSES: Copies of the new system of records may be obtained from 
Jean A. Webb, Secretary, Commodity Futures Trading Commission, Three 
Lafayette Centre, 1155 21st Street, N.W., Washington, D.C. 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

I. Background

    In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the 
Commission published on May 2, 1996 a description of a new system of 
records and invited comments on the proposed new routine uses for the 
system. (61 FR 19613). No comments were received.
    The electronic key card usage system of records described in 61 FR 
19613 is a by-product of the Commission's physical security system. The 
principal purpose of the key cards themselves is to limit physical 
access to most of the Commission's office space to authorized key 
holders. Most of these are agency employees, but they also include 
visitors and representatives of landlords. Under most of the 
Commission's office space leases, maintenance of the key card systems 
is the landlord's obligation. Most of the records of card usage belong 
to the Commission's landlords, and are not agency records. As part of 
such a system, 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.
    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 consists 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. It 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

[[Page 43739]]

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 affirms the effectiveness of the new 
system of records as of June 11, 1996, with certain additional 
descriptive language added to the systems notice under the headings 
``System Location'' and ``Record Source Categories.'' The Commission 
also adopts the two new routine uses effective on publication as 
follows:
CFTC-33
    Electronic key card usage.
    Key card security systems are in use in the Commission's 
Headquarters, Chicago, Kansas City and Los Angeles offices. While each 
of these offices maintains the contents of its key card system, the 
system of records itself is under the control of the Office of 
Administrative Services, Commodity Futures Trading Commission, Three 
Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581.
    Secs. 2(a)(2)(A)(b) and 12(b)(3), Commodity Exchange Act, 7 U.S.C. 
4a(e) and 16(b)(3).
    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.
    Paper records in file folders, computer diskettes and computer 
memory.
    By name of the subject, by assigned key card number, by time period 
and by entry point.
    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.
    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.
    Director, Office of Administrative Services, Commodity Futures 
Trading Commission, Three Lafayette Centre, 1155 21st Street, NW, 
Washington, DC 20581.
    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, Three Lafayette Centre, 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.
    See ``Notification Procedures,'' above.
    See ``Notification Procedures,'' above.
    With one exception, information in the system is supplied by the 
Commission's landlords in Washington, DC, Chicago, Kansas City and Los 
Angeles, 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. Both the landlord and the 
Commission maintain key card systems in Chicago. 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 August 20, 1996, by the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 96-21673 Filed 8-23-96; 8:45 am]
BILLING CODE 6351-01