[Federal Register Volume 64, Number 190 (Friday, October 1, 1999)]
[Notices]
[Pages 53424-53426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25612]
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OFFICE OF PERSONNEL MANAGEMENT
Privacy Act of: Amendment to a System of Records
AGENCY: Office of Personnel Management (OPM).
ACTION: Notice to amend a system of records.
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SUMMARY: OPM proposes to amend a system of records in its inventory of
record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as
amended.
DATES: The changes will be effective without further notice on Movember
10, 1999, unless comments are received that would result in a contrary
determination.
ADDRESSES: Send written comments to Office of Personnel Management,
ATTN: Mary Beth Smith-Toomey, Office of the Chief Information Officer,
1900 E Street NW., Room 5415, Washington, DC 20415-7900.
FOR FURTHER INFORMATION CONTACT: Mary Beth Smith-Toomey, (202) 606-
8358.
SUPPLEMENTARY INFORMATION: This notice serves to amend the system
manager and clarify the notification and records access procedures for
OPM/Central-8, Privacy Act/Freedom of Information Act (PA/FOIA) Case
Records. It also updates the retention and disposal practices in
accordance with NARA General Records Schedule 14 and aligns records
storage practices with OPM's current operations.
Office of Personnel Management.
Janice R. Lachance,
Director.
OPM/CENTRAL-8
SYSTEM NAME:
Privacy Act/Freedom of Information Act (PA/FOIA) Case Records
SYSTEM LOCATION:
Offices of the Office of Personnel Management, 1900 E Street NW.,
Washington, DC 20415-0001 and OPM field service centers.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system contains records and related correspondence on
individuals who have filed with OPM:
a. Requests for information under the provisions of the Freedom of
Information Act (5 U.S.C. 552), including requests for review of
initial denials of such requests.
b. Requests under the provisions of the Privacy Act (5 U.S.C. 552a)
for records about themselves, including:
[[Page 53425]]
(1) Requests for notification of the existence of records about
them.
(2) Requests for access to these records.
(3) Requests for amendment of these records.
(4) Requests for review of initial denials of such requests for
notification, access, and amendment.
(5) Requests for an accounting of disclosure of records about them.
Note: Since these PA/FOIA case records contain inquiries and
requests regarding any of OPM's other systems of records subject to
the Privacy Act, information about individuals from any of these
other systems may become part of this PA/FOIA Case Records system.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system contains correspondence and other documents related to
requests made by individuals to OPM for:
a. Information under the provisions of the Freedom of Information
Act (5 U.S.C. 552), including requests for review of initial denials of
such requests.
b. Information under provisions of the Privacy Act (5 U.S.C. 552a)
and requests for review of initial denials of such requests made under
OPM's Privacy Act regulations including requests for:
(1) Notification of the existence of records about them.
(2) Access to records about them.
(3) Amendment of records about them.
(4) Review of initial denials of such requests for notification,
access, or amendment.
(5) Requests for an accounting of disclosure of records about them.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Includes the Following with any Revisions and Amendments:
The Privacy Act of 1974 (5 U.S.C. 552a), the Freedom of Information
Act, as amended (5 U.S.C. 552), and 5 U.S.C. 301.
PURPOSE(S):
These records are maintained to process an individual's request
made under the provisions of the Freedom of Information and Privacy
Acts. The records are also used by OPM to prepare its reports to the
Office of Management and Budget and the Department of Justice required
by the Privacy and Freedom of Information Acts.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Routine uses 1 and 3 through 10 of the Prefatory Statement of OPM's
system notices (60 FR 63075, effective January 17, 1996) apply to the
records maintained within this system. The following routine uses are
specific to this system of records only:
a. To disclose information to the Office of Management and Budget
at any stage in the legislative coordination and clearance process in
connection with private relief legislation as set forth in OMB Circular
No. A-19.
b. To disclose information to an agency, subject to law, rule, or
regulation enforced by OPM having been found in violation of such law,
rule, or regulation, in order to achieve compliance with OPM
instructions.
c. To disclose information to Federal agencies (e.g., Department of
Justice) in order to obtain advice and recommendations concerning
matters on which the agency has specialized experience or particular
competence, for use by OPM in making required determinations under the
Freedom of Information Act or the Privacy Act of 1974.
d. To disclose information to any source from which additional
information is requested (to the extent necessary to identify the
individual, inform the source of the purpose of the request, and to
identify the type of information requested), where necessary to obtain
information relevant to an OPM decision concerning a Privacy or Freedom
of Information Act request.
e. To disclose to the Federal agency involved, an OPM decision on
an appeal from an initial denial of a request involving OPM-controlled
records.
POLICIES AND PRACTICES OF STORING, RETRIEVING, SAFEGUARDING, RETAINING
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
These records are maintained on one of the following: paper copies
in file folders, electronic copies on Local Area Network (LAN) servers
or diskettes, or microfilm.
RETRIEVABILITY:
Records are retrieved by the name of the individual on whom they
are maintained and year of the request.
SAFEGUARDS:
The records maintained on paper and microfilm are located in
lockable metal filing cabinets or in a secured room, with access
limited to personnel whose duties require access. Only authorized
personnel have access to the records on the LAN and diskettes.
RETENTION AND DISPOSAL:
These records are maintained for varying periods of time, in
accordance with NARA General Records Schedule 14. Paper records are
destroyed by shredding or burning; microfilm and electronic records are
erased or deleted.
SYSTEM MANAGER(S) AND ADDRESS:
The system manager for PA/FOIA requests is: FOIA/PA Officer, Office
of the Chief Information Officer, Office of Personnel Management, 1900
E Street NW., Washington DC 20415-7900.
The system manager for PA/FOIA appeals is: Office of the General
Counsel, Office of Personnel Management, 1900 E Street NW., Washington,
DC 20415-1300.
NOTIFICATION PROCEDURE:
Individuals wishing to inquire whether this system of records
contains information about them should contact the system manager or
the program office where their original Privacy Act or Freedom of
Information Act requests were sent, or from where they received
responses to such requests. Individuals must furnish the following
information for their records to be located and identified:
a. Name.
b. Date of birth.
c. Approximate dates of Privacy Act or Freedom of Information Act
correspondence between OPM and the individual.
RECORD ACCESS PROCEDURE:
Material from other OPM systems of records which are exempt from
certain Privacy Act requirements may be included in this system as part
of a PA/FOIA case record. Such material retains its exemption if it is
included in this system of records. The section of this notice titled
Systems Exempted from Certain Provisions of the Act explains the
exemptions for this system.
Individuals wishing to request access to their records should
contact the system manager or the program office where their original
Privacy Act or Freedom of Information Act request was sent or from
which they received responses to such requests. Individuals must
furnish the following information for their records to be located and
identified:
a. Name.
b. Date of birth.
c. Approximate dates of Privacy Act or Freedom of Information Act
correspondence between OPM and the individual.
Individuals requesting access must also comply with OPM's Privacy
Act regulations regarding verification of identity and access to
records (5 CFR part 297).
CONTESTING RECORD PROCEDURE:
Material from other OPM systems of records which are exempt from
certain
[[Page 53426]]
Privacy Act requirements may be included in this system as part of a
PA/FOIA case record. Such material retains its exemption if it is
included in this system of records. The section of this notice titled
Systems Exempted from Certain Provisions of the Act explains the
exemptions for this system. Individuals wishing to request amendment to
their records should contact the system manager or the program office
where their original Privacy Act or Freedom of Information Act requests
were sent or from which they received responses to such requests.
Individuals must furnish the following information for their
records to be located and identified:
a. Name.
b. Date of birth.
c. Appropriate dates of Privacy Act or Freedom of Information Act
correspondence between OPM and the individual.
Individuals requesting amendment must also comply with OPM's
Privacy Act regulations regarding verification of identity and
amendment of records (5 CFR part 297).
Note: The amendment provisions of this system are not intended
to permit an individual a second opportunity to request amendment of
a record which was the subject of the initial Privacy Act amendment
request which created the record in this system. That is, after an
individual has requested amendment of a specific record in an OPM
system under provisions of the Privacy Act, that specific record may
itself become part of this system of PA/FOIA Case Records. An
individual may not subsequently request amendment of that specific
record again, simply because a copy of the record has become part of
this second system of PA/FOIA Case Records.
RECORD SOURCE CATEGORIES:
Information in this system of records is obtained from--
a. The individual to whom the information applies.
b. Officials of OPM.
c. Official documents of OPM.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
OPM has claimed exemptions for several of its other systems of
records under 5 U.S.C. 552a (k)(1), (2), (3), (4), (5), (6), and (7).
During the course of a PA/FOIA action, exempt materials from those
other systems may become part of the case records in this system. To
the extent that copies of exempt records from those other systems are
entered into these PA/FOIA case records, the office has claimed the
same exemptions for the records as they have in the original primary
systems of records which they are a part.
[FR Doc. 99-25612 Filed 9-30-99; 8:45 am]
BILLING CODE 6325-01-P