[Federal Register Volume 66, Number 173 (Thursday, September 6, 2001)]
[Notices]
[Pages 46688-46690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22389]



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Part II





Department of Education





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Privacy Act of 1974; System of Records (ED Web Personalization Pilot 
Data Collection); Notice

  Federal Register / Vol. 66, No. 173 / Thursday, September 6, 2001 / 
Notices  

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DEPARTMENT OF EDUCATION


Privacy Act of 1974; System of Records

AGENCY: Office of the Chief Information Officer, Department of 
Education.

ACTION: Notice of a new system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Chief Information Officer for the Department of Education publishes 
this Notice of a New System of Records for the ED Web Personalization 
Pilot Data Collection (System Number 18-04-03). The U.S. Department of 
Education (ED) plans to pilot test a customer personalization 
capability as part of the upcoming redesign of its main web site, 
www.ed.gov.

DATES: We must receive your comments on the proposed routine uses for 
this system of records included in this notice on or before October 9, 
2001. The Department seeks comment on this new system of records 
described in this notice, in accordance with the requirements of the 
Privacy Act.
    The Department filed a report describing the new system of records 
covered by this notice with the Chair of the Committee on Governmental 
Affairs of the Senate, the Chair of the Committee on Government Reform 
of the House, and the Administrator of the Office of Information and 
Regulatory Affairs, Office of Management and Budget (OMB) on August 31, 
2001. This new system of records will become effective at the later 
date of: (1) The expiration of the 40-day period for OMB review on 
October 10, 2001, or (2) October 9, 2001, unless the system of records 
needs to be changed as a result of public comment or OMB review.

ADDRESSES: Address all comments on the proposed routine uses of this 
system, and requests for information about the final pilot test 
results, to Keith Stubbs, Office of the Chief Information Officer, Web 
Services Group, U.S. Department of Education, 7th and D Streets, SW., 
Regional Office Building 3, room 4923-B, Washington, DC 20202-0001. If 
you prefer to send your comments through the Internet, use the 
following address: ed.gov">Comments@ed.gov. You must include the term ``ED Web 
Pilot Project'' in the subject line of your electronic message.
    During and after the comment period, you may inspect all comments 
about this notice in room 4923-B, Regional Office Building 3, 7th and D 
Streets, SW., Washington, DC, between the hours of 8:00 a.m. and 4:30 
p.m., Eastern time, Monday through Friday of each week except Federal 
holidays.

Assistance to Individuals With Disabilities in Reviewing the 
Rulemaking Record

    On request, we will supply an appropriate aid, such as a reader or 
print magnifier, to an individual with a disability who needs 
assistance to review the comments or other documents in the public 
rulemaking record for this notice. If you want to schedule an 
appointment for this type of aid, you may call (202) 205-8113 or (202) 
260-9895. If you use a TDD, you may call the Federal Information Relay 
Service at 1-800-877-8339.

FOR FURTHER INFORMATION CONTACT: Sally Budd, U.S. Department of 
Education, Office of the Chief Information Officer, 7th and D Streets, 
SW., Regional Office Building 3, room 4923-A, Washington, DC 20202-
0001. Telephone number: (202) 205-2280. If you use a telecommunications 
device for the deaf (TDD), you may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339.
    Individuals with disabilities may obtain this document in an 
alternative format (e.g., Braille, large print, audiotape, or computer 
diskette) on request to the contact person listed under FOR FURTHER 
INFORMATION CONTACT.

SUPPLEMENTARY INFORMATION:

Introduction

    The Privacy Act of 1974 (5 U.S.C. 552a(e)(4)) requires the 
Department to publish in the Federal Register this notice of a new 
system of records managed by the Department. The Department's 
regulations implementing the Privacy Act of 1974 are contained in the 
Code of Federal Regulations (CFR) in 34 CFR part 5b.
    The Privacy Act of 1974 (Privacy Act), 5 U.S.C. 552a, applies to a 
record about an individual that is maintained in a system of records 
from which information is retrieved by a unique identifier associated 
with each individual, such as a name or social security number. The 
information about each individual is called a ``record'' and the 
system, whether manual or computer-driven, is called a ``system of 
records.'' The Privacy Act requires each agency to publish notices of 
systems of records in the Federal Register and to prepare reports to 
the Office of Management and Budget (OMB) whenever the agency publishes 
a new or ``altered'' system of records.

Pilot Project

    Through its Internet Customer Survey (OMB control number 1800-
0011), ED has identified several different constituencies among its 
Internet customers, and the fact that each one of these constituencies 
has different educational interests and information needs. Web site 
personalization is viewed by many as an effective means of fulfilling 
the diverse needs of Internet customers. Pilot testing web site 
personalization is necessary to (1) determine its effectiveness as a 
customer service tool and its potential role in improving the delivery 
of the Agency information and services, and (2) determine the policy, 
resource and other implications of the implementation of web 
personalization by a Federal agency.
    The pilot test will be conducted for a period of nine months that 
will begin with the release of the redesigned web site. The new 
reengineered web site will be launched in the fall of 2001. We 
anticipate that a significant number of our web site users will take 
advantage of the new personalization feature due to the start of the 
new school year and renewed focus on education. Responses to the ed.gov 
on-line Internet Customer Survey indicate a strong shift in users of 
our Internet services from education administrators and teachers to 
students (up 24%) and parents and family members (up 12%). Students and 
parents constitute 62% of respondents in the most recent analysis of 
results.
    In addition, we anticipate a significant increase in the number of 
users during the March, April, and May timeframe when many of our 
customers will be college-age students who wish to apply for student 
financial aid. Our WebTrends system usage analysis indicates that the 
FAFSA (Free Application for Student Aid) web application receives the 
highest volume of users during this period. Responses to the ed.gov on-
line Internet Customer Survey indicates that these Internet users are 
likely to be more technically astute, have less time to surf the 
Internet for the information they need, and thus more likely to want 
and to take advantage of a web personalization feature. Conducting the 
pilot for nine months from the fall of 2001 through the March-May 
timeframe will give customers sufficient opportunity to respond to new 
personalization features and provide an adequate sample upon which to 
base the analysis of our pilot test.
    During the pilot test, ED will offer its Internet customers the 
opportunity to use a web personalization form which

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will allow users to select a login name and password (to avoid using 
persistent cookies), to define their interests, and to elect to receive 
weekly email notification of new postings in their areas of interest. 
This information will be used by the system to present a customized 
view of the ED web site.
    Registered users will have access to a home page that features 
content that matches their interests and allows them to bookmark their 
favorite pages on the ED site and save search criteria for reuse.
    In conjunction with this pilot test, ED will also give its Internet 
customers the opportunity to complete a very brief survey designed to 
record their opinions about the usefulness and effectiveness of the web 
personalization feature. The customer survey is very similar to the 
existing ED Internet Customer Survey (http://www.ed.gov/Survey/cust.html) in its overall approach, question design, and technologies 
used. The survey will contain questions designed to collect 
respondents' demographic information, level of satisfaction with the 
personalization service, reasons for registering or not registering for 
the service, preferred features, and potential enhancements. This short 
survey consists of 12 questions and requires approximately 10 minutes 
to complete. ED will evaluate the results of this survey as part of its 
analysis of the pilot test. ED will also publish the results of the 
pilot test, the analysis, and a proposed web personalization model once 
the pilot test and analysis are complete.

Electronic Access to This Document

    You may view this document, as well as all other Department of 
Education documents published in the Federal Register, in text or Adobe 
Portable Document Format (PDF) on the Internet at the following site: 
http://www.ed.gov/legislation/FedRegister/.
    To use PDF you must have Adobe Acrobat Reader, which is available 
free at this site. If you have questions about using PDF, call the U.S. 
Government Printing Office (GPO), toll free, at 1-888-293-6498; or in 
the Washington, DC, area at (202) 512-1530.

    Note: The official version of this document is the document 
published in the Federal Register. Free Internet access to the 
official edition of the Federal Register and the Code of Federal 
Regulations is available on GPO Access at: http://www.access.gpo.gov/nara/index.html


    Dated: August 31, 2001.
Craig B. Luigart,
Chief Information Officer.
    For the reasons discussed in the preamble, the Chief Information 
Officer of the U.S. Department of Education publishes notice of a new 
system of records to read as follows:
18-04-03

SYSTEM NAME:
    ED Web Personalization Pilot Data Collection.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION(S):
    Office of the Chief Information Officer, Web Services Group, U.S. 
Department of Education, Seventh and D Streets, SW., room 4923, ROB-3, 
Washington, DC 20202-5130.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    All users of the U.S. Department of Education web site (www.ed.gov) 
who choose to personalize the web site.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The ED Web Personalization Pilot Data Collection contains user 
customization data. The system contains data elements such as customer 
first name, middle initial and last name; customer email address; 
Ed.gov ID and password; and information selection criteria such as 
desired subject(s), audience type, level(s) of education, resource 
type(s).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The general statutory authority is 40 U.S.C. 1425(b) and 44 U.S.C. 
Chapter 35.

PURPOSE(S):
    The purpose of this system of records is to give ED customers the 
option of customizing the retrieval and delivery of web site content 
and services based on their interests.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    The Department of Education (Department) may disclose information 
contained in a record in this system of records under the routine uses 
listed in this system of records without the consent of the individual 
if the disclosure is compatible with the purposes for which the record 
was collected. These disclosures may be made on a case-by-case basis 
or, if the Department has complied with the computer matching 
requirements of the Act, under a computer matching agreement.
    (1) Freedom of Information Act (FOIA) Advice Disclosure. The 
Department may disclose records to the Department of Justice (DOJ) and 
the Office of Management and Budget if the Department concludes that 
disclosure is desirable or necessary in determining whether particular 
records are required to be disclosed under the FOIA.
    (2) Disclosure to the DOJ. The Department may disclose records to 
the DOJ to the extent necessary for obtaining DOJ advice on any matter 
relevant to an audit, inspection, or other inquiry related to the 
programs covered by this system.
    (3) Contract Disclosure. If the Department contracts with an entity 
for the purposes of performing any function that requires disclosure of 
records in this system to employees of the contractor, the Department 
may disclose the records to those employees. Before entering into such 
a contract, the Department shall require the contractor to maintain 
Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect 
to the records in the system.
    (4) Litigation and Alternative Dispute Resolution (ADR) 
Disclosures.
    (a) Introduction. In the event that one of the parties listed below 
is involved in litigation or ADR, or has an interest in litigation or 
ADR, the Department may disclose certain records to the parties 
described in paragraphs (b), (c), and (d) of this routine use under the 
conditions specified in those paragraphs:
    (i) The Department of Education, or any component of the 
Department; or
    (ii) Any Department employee in his or her official capacity; or
    (iii) Any Department employee in his or her individual capacity if 
the Department of Justice (DOJ) has agreed to provide or arrange for 
representation for the employee;
    (iv) Any Department employee in his or her individual capacity 
where the agency has agreed to represent the employee; or
    (v) The United States where the Department determines that the 
litigation is likely to affect the Department or any of its components.
    (b) Disclosure to the DOJ. If the Department determines that 
disclosure of certain records to the DOJ is relevant and necessary to 
litigation or ADR, the Department may disclose those records as a 
routine use to the DOJ.
    (c) Administrative disclosures. If the Department determines that 
disclosure of certain records to an adjudicative body before which the 
Department is authorized to appear, an individual or entity designated 
by the Department or otherwise empowered to resolve or mediate disputes 
is relevant and necessary to the administrative litigation, the 
Department may disclose those records as a routine use to the 
adjudicative body, individual, or entity.

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    (d) Parties, counsels, representatives and witnesses. If the 
Department determines that disclosure of certain records to a party, 
counsel, representative or witness in an administrative proceeding is 
relevant and necessary to the litigation, the Department may disclose 
those records as a routine use to the party, counsel, representative or 
witness.
    (5) Research Disclosure. The Department may disclose records to a 
researcher if an appropriate official of the Department determines that 
the individual or organization to which the disclosure would be made is 
qualified to carry out specific research related to functions or 
purposes of this system of records. The official may disclose records 
from this system of records to that researcher solely for the purpose 
of carrying out that research related to the functions or purposes of 
this system of records. The researcher shall be required to maintain 
Privacy Act safeguards with respect to the disclosed records.
    (6) Congressional Member Disclosure. The Department may disclose 
records to a member of Congress from the record of an individual in 
response to an inquiry from the member made at the written request of 
that individual. The Member's right to the information is no greater 
than the right of the individual who requested it.
    (7) Disclosure for Use By Law Enforcement Agencies. The Department 
may disclose information to any Federal, State, local or foreign agency 
or other authority responsible for enforcing, investigating, or 
prosecuting violations of administrative, civil, or criminal law or 
regulation if that information is relevant to any enforcement, 
regulatory, investigative or prosecutive responsibility within the 
entity's jurisdiction.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISCLOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    System records will be maintained on a database server as part of 
the www.ed.gov web site, and are backed up and archived onto electronic 
storage media.

RETRIEVABILITY:
    Each record in this system is indexed and retrieved by a personal 
ID and password that is created by the user of the www.ed.gov web site.

SAFEGUARDS:
    All users of this system will have a unique user ID with a personal 
identifier.
    This system does not use persistent cookies (data that a web server 
causes to be placed on a user's hard drive) to implement 
personalization. It is the policy of the Department to prohibit the use 
of persistent cookies on U.S. Department of Education Web sites except 
where: there is a compelling need; there are appropriate safeguards in 
place; the use is personally approved by the Secretary of Education; 
and there is clear and conspicuous notice to the public.
    All physical access to the U.S. Department of Education web site 
and the sites of Department contractors where this system of records is 
maintained, is controlled and monitored by security personnel who check 
each individual entering the building for his or her employee or 
visitor badge.
    The computer system employed by the U.S. Department of Education 
offers a high degree of resistance to tampering and circumvention. This 
security system limits data access to the Department, and contract 
staff on a ``need to know'' basis, and controls individual users'' 
ability to access and alter records within the system.

RETENTION AND DISPOSAL:
    U.S. Department of Education web personalization customers can 
remove any information about their web preferences (i.e., the subjects, 
levels of education, types of resources, and audience-targeted 
materials in which they are interested), as well as any bookmarks or 
saved searches they have stored on the Department's web pages. U.S. 
Department of Education customers, however, cannot delete their names, 
zip codes, or email addresses from the system (although they can 
replace it with other information). The system, however, automatically 
will purge any unused accounts after a certain period of disuse. If 
approval to continue the ED web personalization service is received 
before the end of pilot, ED will keep the existing registration 
database active to avoid forcing customers to reregister. If approval 
is not received, ED will delete all customer information from the 
database and disable the service. If the personalization service is 
continued, the Department will retain and dispose of these records in 
accordance with National Archives and Records Administration General 
Records Schedule 20, Item 1.c. This schedule provides disposal 
authorization for electronic files and hard-copy printouts created to 
monitor system usage, including, but not limited to, log-in files, 
password files, audit trail files, system usage files, and cost-back 
files used to assess charges for system use. Records will be deleted or 
destroyed when the agency determines they are no longer needed for 
administrative, legal, audit, or other operational purposes.

SYSTEM MANAGERS AND ADDRESS:
    Internet Project Manager, U.S. Department of Education, Office of 
the Chief Information Officer, 7th and D Streets, SW., Regional Office 
Building 3, room 4923-B, Washington, DC 20202.

NOTIFICATION PROCEDURE:
    If you wish to determine whether a record exists regarding you in 
this system of records, you may gain access to the system via the 
www.ed.gov web site, or by contacting the system administrator through 
the [email protected] email address. Requests for notification 
about an individual must meet the requirements of the regulations at 34 
CFR 5b.5. Individuals may also present their requests in writing or in 
person at any of the locations identified for this system of records.

RECORD ACCESS PROCEDURES:
    If you wish to gain access to a record in this system, follow the 
directions described in the Notification Procedure.

CONTESTING RECORD PROCEDURES:
    If you wish to change the content of a record in this system of 
records, you may gain access to the system and alter the record via the 
www.ed.gov web site and the system edit and update function. If you 
wish to contest the content of a record, contact the system manager by 
following the directions described in the Notification Procedure. 
Requests to amend a record must meet the regulations at 34 CFR 5b.7.

RECORD SOURCE CATEGORIES:
    Information in this system is obtained from customers who use the 
www.ed.gov web site and complete the optional web site personalization. 
The personalization form provides the information contained within the 
system.

SYSTEM EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 01-22389 Filed 9-5-01; 8:45 am]
BILLING CODE 4000-01-P