[Federal Register Volume 69, Number 13 (Wednesday, January 21, 2004)]
[Notices]
[Pages 2947-2948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1179]


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MERIT SYSTEMS PROTECTION BOARD


Privacy Act of 1974; Amendment of Privacy Act System of Records

AGENCY: Merit Systems Protection Board.

ACTION: Notice of adding a new system of records.

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SUMMARY: The Merit Systems Protection Board (MSPB or the Board) issues 
public notice that it is adding a system of records subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), namely MSPB/INTERNAL-4, ``Case 
Memoranda/Draft Decisions.''

EFFECTIVE DATE: January 14, 2004.

ADDRESSES: Office of the Clerk of the Board, U.S. Merit Systems 
Protection Board, 1615 M Street, NW., Washington, DC 20419.

FOR FURTHER INFORMATION CONTACT: Timothy L. Korb, Privacy Act Officer, 
at (202) 653-7200.

SUPPLEMENTARY INFORMATION: By Federal Register notice of June 7, 2000 
(65 FR 36166), the Board informed the public that it would no longer 
maintain records in the system known as MSPB/Internal-4 by the name or 
personal identifier of the record subject. MSPB/Internal-4 contained 
advisory memoranda from Board attorneys to the Board members regarding 
appeals pending before the Board. Following this Federal Register 
notice, the Board continued to maintain these memoranda in its computer 
system, but deleted personal identifiers such as party names and docket 
numbers once a decision was issued. Recently, however, the Board 
determined that it would no longer delete these identifiers from the 
memoranda, which means that these memoranda are once again contained in 
a system of records subject to the Privacy Act.
    Although the case memoranda are again covered by the Privacy Act, 
the Board does not intend to release them to the public, either under 
the Freedom of Information Act (FOIA), or under the Privacy Act, 
because the memoranda fall within statutory exemptions to the general 
duty to provide requested

[[Page 2948]]

records. Case memoranda come within FOIA Exemption 5, which covers 
``inter-agency or intra-agency memorandums or letters which would not 
be available by law to a party other than an agency in litigation with 
the agency.'' 5 U.S.C. 552(b)(5). Case memoranda also come within 
Privacy Act Exemption (d)(5), which provides that ``nothing in this 
section shall allow an individual access to any information compiled in 
reasonable anticipation of a civil action or proceeding.'' 5 U.S.C. 
552a(d)(5).
    As required by 5 U.S.C. 552a(e)(4), additional information about 
MSPB/INTERNAL-4, ``Case Memoranda/Draft Decisions,'' is provided as 
follows:
MSPB/INTERNAL-4

SYSTEM NAME:
    Case Memoranda/Draft Decisions.

SYSTEM LOCATION:
    Office of the Clerk of the Board and Office of Information 
Resources Management, Merit Systems Protection Board (MSPB), 1615 M 
Street, NW., Washington, DC 20419.

Categories of individuals covered by the system:
    Current and former Federal employees, applicants for employment, 
annuitants, and other individuals who have filed petitions or requests 
for review with MSPB, or have been a party in an original jurisdiction 
case.

Categories of records in the system:
    These records consist of advisory memoranda and draft decisions 
prepared by Board attorneys and employees working under the supervision 
of Board attorneys for the consideration of Board members in connection 
with appeals pending before the Board. These records contain individual 
appellants' names, and may contain appellants' veterans status, race, 
sex, age, religion, national origin, disability status, and other 
personal information.

Authority for maintenance of the system:
    5 U.S.C. 1204, 7701, 7702.

Purpose(s):
    These records are used by the Board members in determining how they 
will decide the appeals that come before them. These records are also 
used by Board employees for internal legal research.

Routine uses of records maintained in the system, including categories 
of users and the purpose of such uses:
    There are no routine uses or disclosures to persons who are not 
Board employees.

Storage:
    These records are maintained in electronic form on file servers 
connected to the Board's local area network or in the Board's document 
management system.

Retrievability:
    These records are retrieved by the names of the individuals on whom 
they are maintained, and by MSPB docket numbers.

Safeguards:
    Access to these records is limited by password and other system-
based procedures to persons whose official duties require such access.

Retention and disposal:
    Electronic records in this system may be maintained indefinitely, 
or until the Board no longer needs them.

System managers and addresses:
    The Clerk of the Board and the Office of Information Resources 
Management, Merit Systems Protection Board, 1615 M Street, NW., 
Washington, DC 20419.

Notification procedures:
    Individuals wishing to inquire whether this system of records 
contains information about them should contact the Clerk of the Board 
and must follow the MSPB Privacy Act regulations at 5 CFR part 1205.

Record access procedures:
    Individuals requesting access to their records should contact the 
Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW., 
Washington, DC 20419. Requests for access must comply with the MSPB 
Privacy Act regulations at 5 CFR part 1205.

Record source categories:
    The sources of these records are Board attorneys and other 
employees acting under the supervision of Board attorneys.

    Dated: January 14, 2004.
Bentley M. Roberts, Jr.,
Clerk of the Board.
[FR Doc. 04-1179 Filed 1-20-04; 8:45 am]
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