[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18837-18841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-8413]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Office of Public Health and Science, Office of Minority Health; 
Privacy Act of 1974; Report of a New System of Records

AGENCY: Department of Health and Human Services, Office of the 
Secretary, Office of Public Health and Science, Office of Minority 
Health.

ACTION: Notice of a new Privacy Act System of Records (SOR).

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SUMMARY: In accordance with the requirements of the Privacy Act, OMH 
proposes to establish a new system of records entitled, ``Minority 
Health Information Service.'' Under provisions of 42 U.S.C. sec. 300u-
6, the Office of Minority Health (OMH) is charged with maintaining a 
national minority health resource center to (1) Facilitate exchange of 
and access to information related to health information, promotion, 
services and education; (2) assist in analysis of issues and problems 
with regard to such matters; and (3) provide technical assistance with 
regard to the exchange of such information. The primary purpose of this 
system is to collect and facilitate distribution of minority health 
information to public and professional audiences. In support of this 
purpose, this system maintains individually identifiable information 
concerning individuals voluntarily participating in OMH health 
campaigns and technical assistance programs, and concerning information 
requested by individually identifiable customers that is maintained to 
facilitate order tracking and customer service.

DATES: Effective Dates: This notice will become effective 30 days from 
the date of publication of the notice unless modified by a subsequent 
notice making changes in response to public comments. Although the 
Privacy Act requires only that OMH provide an opportunity for 
interested persons to comment on the proposed routine uses, OMH invites 
comments on all portions of this notice.

FOR FURTHER INFORMATION CONTACT: Blake Crawford, Director, Division of 
Information and Education, Office of Minority Health, 1101 Wootton 
Parkway, Suite 600, Rockville, MD 20852. He can be reached by telephone 
at 240-453-6905 or via e-mail at [email protected].

SUPPLEMENTARY INFORMATION: Generally, OMH distributes a variety of 
information via e-mail newsletter, maintains a Resource Persons Network 
of public and private health experts, plans and implements health 
campaigns and leads national initiatives with federal and nonfederal 
partners, conducts leadership development programs, provides capacity 
development and technical assistance services to community 
organizations and government agencies and provides information, 
literature and statistical data in response to public inquiries. The 
Minority Health Information Service supports the mission of the OMH 
Resource Center (OMHRC) to function as a help desk and technical 
assistance service for the public and an organization that assists OMH 
in implementing national initiatives and

[[Page 18838]]

campaigns. The Minority Health Information Service stores data on 
individuals who ask, via telephone, mail, e-mail, Web form, face to 
face encounter or other means, to participate in or be regularly 
informed of these OMH activities. The resource center is managed under 
contract to OMH, and its offices are located on the same floor of the 
same building as OMH.

I. Description of the Proposed System of Records

    A. Statutory Basis: The statutory basis for the maintenance of this 
system is 42 U.S.C. 300u-6.
    B. Security Classification: None.
    C. System Location: The system is located at OMHRC, 1101 Wootton 
Parkway, Suite 650, Rockville, MD 20852 and OMH, 1101 Wootton Parkway, 
Suite 600, Rockville, MD 20852.
    D. Purpose: The purpose of the system is to (1) Identify 
individuals who have volunteered to provide pro bono technical 
assistance to community organizations or government agencies on aspects 
of minority health; (2) identify key officials at national, state, 
regional and local organizations who serve as public points of contact 
for that organization or work specifically on minority health issues; 
and (3) allow the OMH Resource Center contractor to operate, maintain 
and safeguard the data system.
    E. Categories of Individuals Covered by the System:
    Information is collected on members of the general public, health 
professionals, faculty of academic institutions, students, 
representatives of government agencies, community organizations and 
private businesses who seek health information from OMH or its Resource 
Center, and those who ask to or agree to participate in OMH-sponsored 
health programs.
    The system of records includes the following subsystems:
    1. Mailing List: Individuals who have asked to receive OMH's 
electronic newsletter and intermittent e-mail updates.
    2. Resource Persons Network: Individuals with health expertise who 
have volunteered to provide some pro bono technical assistance to 
community organizations of government agencies working on aspects of 
minority health.
    3. Training Institute File: Individuals who have applied to and are 
participating in a leadership development course for emerging and 
future leaders of community organizations.
    4. Campaign File: Individuals who have volunteered to participate 
in an OMH campaign, currently comprising individuals who have 
volunteered to train peers on healthy living and pre-conception care.
    5. Organizational Databases: Business contact information for 
official representatives of organizations working on minority health or 
participating in OMH initiatives, along with organizational 
descriptions.
    6. Inquiry Tracking System: Details, by customer name, of 
information requests directed to OMH Resource Center and data on 
fulfillment of these requests.
    F. Information Collected:
    The following information is collected.
    1. Mailing List: Name, business address, organizational 
affiliation, telephone, and e-mail.
    2. Resource Persons Network, Training Institute File, Campaign 
File: Name, business address, organizational affiliation, title, 
telephone, e-mail, fax, resume, race/ethnicity, areas in which 
individual offers expertise, health topics or populations with which 
the individual wishes to work.
    3. Organizational Databases: Name of organization and key contact 
person, business address, telephone, e-mail, Web site URL, description 
of organization.
    4. Inquiry Tracking System: Name of requestor, organizational 
affiliation, business address, telephone, e-mail, fax, occupational 
category (health professional, academic, etc.), source of referral, 
information requested, fulfillment details (date shipped, etc.).
    G. Sources of Information: Information is collected via mail, e-
mail, Web form, telephone or in person at conferences and meetings from 
individuals who receive some type of communication from OMH. Listings 
in the organizational database are generally drawn from publicly 
available documents such as directories, newsletters, and 
organizational Web sites and are confirmed through direct contact with 
the organization. Names of contact individuals at organizations 
partnering with OMH on an initiative, project or campaign are provided 
by the organization.
    H. Storage and Retrievability:
    Records are stored in file folders, electronic media and other 
types of data storage devices.
    Data are retrievable by name, business address, telephone, e-mail, 
organizational affiliation, and type of technical assistance provided 
(for the Resource Persons Network).
    I. System Manager and Address: Director, Division of Information 
and Education, Office of Minority Health, 1101 Wootton Parkway, Suite 
600, Rockville, MD 20852.
    J. Notification Procedure: To determine whether the system contains 
a record on you, please write to the system manager at the address 
above, providing name, address, e-mail, telephone and organizational 
affiliation.
    K. Contesting Records: Mailing list members may unsubscribe from 
the mailing list or correct their entry by clicking on a link in an e-
mail received from the system. Unsubscribing will remove subscriber 
information from the system. For all other deletions and corrections, 
please write, call, e-mail or fax Office of Minority Health Resource 
Center, 1101 Wootton Parkway, Suite 650, Rockville, MD 20852, telephone 
800-444-6472, e-mail [email protected], fax 240-453-2883. The identity of 
the requestor will be verified by comparison with information contained 
in the existing record. An individual may request accounting of 
disclosures outside the department. The right to contest records is 
limited to information that is incomplete, irrelevant, incorrect, or 
untimely.

II. Agency Policies, Procedures, and Restrictions on Routine Uses

    The Privacy Act permits the disclosure of information without an 
individual's consent if the information is used for a purpose that is 
compatible with the purpose(s) for which the information was collected. 
Any such disclosure of data is known as ``routine use.'' OMH maintains 
the following procedures for the maintenance of personally identifiable 
information:
    A. We will only release information from this system as provided 
for under ``Section III. Routine Uses of Records.''
    B. We will only collect the minimum data necessary to achieve the 
purpose of the Minority Health Information Service.
    C. We will collect and disclose only data that OMH has determined 
to be accurate.
    D. We will validate information in the system annually, and as 
corrections are received from the public.
    E. We will provide opportunities and methods for individual 
correction of data in the system consistent with requirements of the 
Privacy Act.
    F. We will publish on the OMH Web site our Privacy Policy for 
information collected via this Web site.

III. Routine Uses of Records

    1. To identify one or more individuals who have volunteered to 
provide pro bono technical assistance to a community organization or 
government agency on aspects of minority health in

[[Page 18839]]

response to a specific request for assistance. OMHRC staff provide one 
or more names and associated contact information to requesting 
organizations when OMHRC staff finds a match between an assistance 
request and a Resource Persons Network member with relevant expertise, 
experience and background, and when the request matches the activities, 
health topics, or populations for which the network member has 
specified that he or she is available to assist.
    2. To identify key officials at national, state, regional and local 
organizations who serve as public points of contact for that 
organization or its work specifically on minority health. Information 
searches are provided on request. Contact information for OMH campaign 
and initiative partners may be posted on the OMH Web site.
    3. To allow the OMH Resource Center contractor to operate this data 
system. OMH uses a contractor to operate the OMH Resource Center, which 
maintains the Minority Health Information Service. This contractor 
collects the information, maintains the data system and safeguards the 
data under the provisions outlined in this notice and applicable law 
and regulation. The contractor is prohibited from using these data for 
any purpose other than described in the contract and is required to 
return all data to the government or deliver it securely to a 
government-designated successor contractor, at the completion of the 
contract.
    4. To appropriate Department contractors to enable conduct of 
evaluation studies or administration of OMB-approved customer 
satisfaction surveys.
    5. To appropriate federal agencies and Department contractors that 
have a need to know the information for the purpose of assisting the 
department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information maintained in the system 
of records, and the information disclosed is relevant and necessary for 
the assistance.
    6. To the Department of Justice, or in a proceeding before a court, 
adjudicative body, or other administrative body before which the Agency 
is authorized to appear, when:
    a. The Agency, or any component thereof; or
    b. Any employee of the Agency in his or her official capacity; or
    c. Any employee of the Agency in his or her individual capacity 
where the Department of Justice or the Agency has agreed to represent 
the employee; or
    d. The United States, if the Agency determines that litigation is 
likely to affect the Agency or any of its components, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or the Agency is deemed by the 
Agency to be relevant and necessary to the litigation; provided, 
however, that in each case it has been determined that the disclosure 
is compatible with the purpose for which the records were collected.

IV. Protections and Safeguards

    The system conforms to all applicable Federal laws and regulations 
and Federal and HHS policies and standards for information security and 
data privacy. The OMH system manager, OMHRC senior leadership and OMHRC 
technology manager confer to review and ensure compliance with 
provisions of this notice and any changes in security requirements.

A. Authorized Users

    Records are available to the system manager and OMH staff when they 
have a need for the records in the performance of their duties. Records 
are also available to OMHRC technology staff, OMHRC director and deputy 
director, OMHRC communications staff, OMHRC information specialists 
(mailing list, organizational databases, inquiry tracking system), 
OMHRC knowledge center/library staff (organizational data bases and 
resource persons network), OMHRC data entry staff, who need access in 
order to perform their duties.

B. Safeguards

    Data systems are in a secured office space with a carded entrance. 
Servers are located in a locked rack. Data are backed up nightly with a 
one-month daily snapshot available at any time and monthly snapshots 
for a year. Annual training is required and conducted for authorized 
users regarding proper handling and safeguarding of personally 
identifiable information. OMH and OMHRC staff are trained on HHS 
policies regarding personal use of health information technology.

V. Effects on Individual Rights

    OMH proposes to establish this system in accordance with the 
principles and requirements of the Privacy Act and will collect, use, 
and disseminate information only as prescribed therein. Data in this 
system will be subject to authorized releases in accordance with the 
routine uses identified in this system of records.
    OMH will take precautionary measures to minimize the risks of 
unauthorized access to the records and the potential harm to individual 
privacy or other personal property rights of individuals whose data are 
maintained in the system. OMH will collect only that information 
necessary to perform the system's functions. In addition, OMH will make 
disclosure from the system only with the consent of the subject 
individual, his or her legal representative, or in accordance with an 
applicable exception provision of the Privacy Act. OMH therefore does 
not anticipate an unfavorable effect on individual privacy as a result 
of information relating to individuals.

    Date: March 22, 2010.
Garth N. Graham,
Deputy Assistant Secretary for Minority Health.
SYSTEM NO.:
    09-90-0161

SYSTEM NAME:
    ``Minority Health Information Service,'' HHS/OS/OPHS/OMH.

SECURITY CLASSIFICATION:
    None.

SYSTEM LOCATION:
    The system is located at OMHRC, 1101 Wootton Parkway, Suite 650, 
Rockville, MD 20852 and OMH, 1101 Wootton Parkway, Suite 600, 
Rockville, MD 20852.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Information is collected on members of the general public, health 
professionals, faculty of academic institutions, students, 
representatives of government agencies, community organizations and 
private businesses who seek health information from OMH or its Resource 
Center, and those who ask to or agree to participate in OMH-sponsored 
health programs.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system of records includes the following subsystems:
    7. Mailing List: Individuals who have asked to receive OMH's 
electronic newsletter and intermittent e-mail updates. Information 
collected: Name, business address, organizational affiliation, 
telephone, and e-mail.
    8. Resource Persons Network: Individuals with health expertise who 
have volunteered to provide some pro bono technical assistance to 
community organizations of government agencies working on aspects of 
minority health. Information collected: Name, business address, 
organizational affiliation, title, telephone, e-mail, fax, resume, 
race/ethnicity, areas in which individual

[[Page 18840]]

offers expertise, health topics or populations with which the 
individual wishes to work.
    9. Training Institute File: Individuals who have applied to and are 
participating in a leadership development course for emerging and 
future leaders of community organizations. Information collected: Name, 
business address, organizational affiliation, title, telephone, e-mail, 
fax, resume, race/ethnicity, areas in which individual offers 
expertise, health topics or populations with which the individual 
wishes to work.
    10. Campaign File: Individuals who have volunteered to participate 
in an OMH campaign, currently comprising individuals who have 
volunteered to train peers on healthy living and pre-conception care. 
Information collected: Name, business address, organizational 
affiliation, title, telephone, e-mail, fax, resume, race/ethnicity, 
areas in which individual offers expertise, health topics or 
populations with which the individual wishes to work.
    11. Organizational Databases: Business contact information for 
official representatives of organizations working on minority health or 
participating in OMH initiatives, along with organizational 
descriptions. Information collected: Name of organization and key 
contact person, business address, telephone, e-mail, Web site URL, 
description of organization.
    12. Inquiry Tracking System: Details, by customer name, of 
information requests directed to OMH Resource Center and data on 
fulfillment of these requests. Information collected: Name of 
requestor, organizational affiliation, business address, telephone, e-
mail, fax, occupational category (health professional, academic, etc.), 
source of referral, information requested, fulfillment details (date 
shipped etc.).

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The statutory basis for the maintenance of this system is 42 U.S.C. 
300u-6.

PURPOSES OF THE SYSTEM:
    The purpose of the system is to (1) Identify individuals who have 
volunteered to provide pro bono technical assistance to community 
organizations or government agencies on aspects of minority health; (2) 
identify key officials at national, state, regional and local 
organizations who serve as public points of contact for that 
organization or work specifically on minority health issues; and (3) 
allow the OMH Resource Center contractor to operate, maintain and 
safeguard the data system.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    7. To identify one or more individuals who have volunteered to 
provide pro bono technical assistance to a community organization or 
government agency on aspects of minority health in response to a 
specific request for assistance. OMHRC staff provide one or more names 
and associated contact information to requesting organizations when 
OMHRC staff finds a match between an assistance request and a Resource 
Persons Network member with relevant expertise, experience and 
background, and when the request matches the activities, health topics, 
or populations for which the network member has specified that he or 
she is available to assist.
    8. To identify key officials at national, state, regional and local 
organizations who serve as public points of contact for that 
organization or its work specifically on minority health. Information 
searches are provided on request. Contact information for OMH campaign 
and initiative partners may be posted on the OMH Web site.
    9. To allow the OMH Resource Center contractor to operate this data 
system. OMH uses a contractor to operate the OMH Resource Center, which 
maintains the Minority Health Information Service. This contractor 
collects the information, maintains the data system and safeguards the 
data under the provisions outlined in this notice and applicable law 
and regulation. The contractor is prohibited from using these data for 
any purpose other than described in the contract and is required to 
return all data to the government or deliver it securely to a 
government-designated successor contractor, at the completion of the 
contract.
    10. To appropriate Department contractors to enable conduct of 
evaluation studies or administration of OMB-approved customer 
satisfaction surveys.
    11. To appropriate federal agencies and Department contractors that 
have a need to know the information for the purpose of assisting the 
department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information maintained in the system 
of records, and the information disclosed is relevant and necessary for 
the assistance.
    12. To the Department of Justice, or in a proceeding before a 
court, adjudicative body, or other administrative body before which the 
Agency is authorized to appear, when:
    i. The Agency, or any component thereof; or
    ii. Any employee of the Agency in his or her official capacity; or
    iii. Any employee of the Agency in his or her individual capacity 
where the Department of Justice or the Agency has agreed to represent 
the employee; or
    iv. The United States, if the Agency determines that litigation is 
likely to affect the Agency or any of its components, is a party to 
litigation or has an interest in such litigation, and the use of such 
records by the Department of Justice or the Agency is deemed by the 
Agency to be relevant and necessary to the litigation; provided, 
however, that in each case it has been determined that the disclosure 
is compatible with the purpose for which the records were collected.

POLICIES AND PRACTICES ON STORING, ACCESSING, RETRIEVING, AND DISPOSING 
OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are stored in file folders, electronic media and other 
types of data storage devices.

RETRIEVABILITY:
    Data are retrievable by name, business address, telephone, e-mail, 
organizational affiliation, and type of technical assistance provided 
(for the Resource Persons Network)

PROTECTIONS:
    The system conforms to all applicable Federal laws and regulations 
and Federal and HHS policies and standards for information security and 
data privacy. The OMH system manager, OMHRC senior leadership and OMHRC 
technology manager confer to review and ensure compliance with 
provisions of this notice and any changes in security requirements.
    Records are available to the system manager and OMH staff when they 
have a need for the records in the performance of their duties. Records 
are also available to OMHRC technology staff, OMHRC director and deputy 
director, OMHRC communications staff, OMHRC information specialists 
(mailing list, organizational databases, inquiry tracking system), 
OMHRC knowledge center/library staff (organizational data bases and 
resource persons network), OMHRC data entry staff, who need access in 
order to perform their duties.
    Data systems are in a secured office space with a carded entrance. 
Servers are located in a locked rack. Data are backed up nightly with a 
one-month daily snapshot available at any time and monthly snapshots 
for a year. Annual

[[Page 18841]]

training is required and conducted for authorized users regarding 
proper handling and safeguarding of personally identifiable 
information. OMH and OMHRC staff are trained on HHS policies regarding 
personal use of health information technology.

RETENTION AND DISPOSAL:
    1. Mailing List: Records are maintained until removed by the 
individual on whom information is maintained or until the individual 
requests removal.
    2. Resource Persons Network: Records are maintained for as long as 
the individual indicates a willingness to serve as a Resource Person by 
responding affirmatively to update requests.
    3. Training Institute File: Records are maintained for three years 
following the end of the specific training course.
    4. Campaign File: Contact information on individuals is maintained 
for the duration of the campaign. Resumes are retained for one year.
    5. Organizational Databases: Records are maintained until the 
organization about which information is maintained no longer works in 
minority health, or until the contact person for the organization 
changes.
    6. Inquiry Tracking System: Records are maintained for three years 
following order fulfillment.
    Records no longer maintained are disposed of by deletion from 
electronic media and shredding of hard copy records. Electronic records 
deleted from active files are maintained in system back-up files on 
tape media for one year.

SYSTEM MANAGER AND ADDRESS:
    Director, Division of Information and Education, Office of Minority 
Health, 1101 Wootton Parkway, Suite 600, Rockville, MD 20852.

NOTIFICATION PROCEDURE:
    To determine whether the system contains a record on you, please 
write to the system manager at the address above, providing name, 
address, e-mail, telephone and organizational affiliation.

RECORD ACCESS PROCEDURE:
    To determine whether the system contains a record on you, please 
write to the system manager at the address above, providing name, 
address, e-mail, telephone and organizational affiliation.

CONTESTING RECORD PROCEDURES:
    Contesting Records: Mailing list members may unsubscribe from the 
mailing list or correct their entry by clicking on a link in an e-mail 
received from the system. Unsubscribing will remove subscriber 
information from the system. For all other deletions and corrections, 
please write, call, e-mail or fax Office of Minority Health Resource 
Center, 1101 Wootton Parkway, Suite 650, Rockville, MD 20852, telephone 
800-444-6472, e-mail [email protected], fax 240-453-2883. The identity of 
the requestor will be verified by comparison with information contained 
in the existing record. An individual may request accounting of 
disclosures outside the department. The right to contest records is 
limited to information that is incomplete, irrelevant, incorrect, or 
untimely.

RECORDS SOURCE CATEGORIES:
    Information is collected via mail, e-mail, Web form, telephone or 
in person at conferences and meetings from individuals who receive some 
type of communication from OMH. Listings in the organizational database 
are generally drawn from publicly available documents such as 
directories, newsletters, and organizational Web sites and are 
confirmed through direct contact with the organization. Names of 
contact individuals at organizations partnering with OMH on an 
initiative, project or campaign are provided by the organization.

SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
    None.

[FR Doc. 2010-8413 Filed 4-12-10; 8:45 am]
BILLING CODE 4150-29-P