[Federal Register Volume 77, Number 156 (Monday, August 13, 2012)]
[Notices]
[Pages 48199-48201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-19796]
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DEPARTMENT OF STATE
[Public Notice 7979]
Privacy Act; System of Records: State-35, Information Access
Programs Records
SUMMARY: Notice is hereby given that the Department of State proposes
to amend an existing system of records, Information Access Programs
Records, State-35, pursuant to the provisions of the Privacy Act of
1974, as amended (5 U.S.C. 552a) and Office of Management and Budget
Circular No. A-130, Appendix I.
DATES: This system of records will be effective on September 24, 2012,
unless we receive comments that will result in a contrary
determination.
ADDRESSES: Any persons interested in commenting on the amended system
of records may do so by writing to the Director; Office of Information
Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd
Street NW.; Washington, DC 20522-8001.
FOR FURTHER INFORMATION CONTACT: Director; Office of Information
Programs and Services, A/GIS/IPS; Department of State, SA-2; 515 22nd
Street NW.; Washington, DC 20522-8001.
SUPPLEMENTARY INFORMATION: The Department of State proposes that the
current system retain the name ``Information Access Programs Records.''
The proposed system will include revisions to the following sections:
Categories of individuals, Categories of records, Authorities, Purpose,
Routine Uses, Safeguards, and other administrative updates. The
following section has been added to the system of records, Information
Access Programs Records, State-35, to ensure Privacy Act of 1974
compliance: Disclosure to Consumer Reporting Agencies.
The Department's report was filed with the Office of Management and
Budget. The amended system description, ``Information Access Programs
Records, State-35,'' will read as set forth below.
Dated: June 18, 2012.
Joyce A. Barr,
Assistant Secretary for Administration, U.S. Department of State.
STATE-35
SYSTEM NAME:
Information Access Programs Records.
SECURITY CLASSIFICATION:
Unclassified and Classified.
SYSTEM LOCATION:
Department of State; SA-2; 515 22nd Street NW.; Washington, DC
20522-8001.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals requesting access to Department of State records under
the Freedom of Information Act, the Privacy Act, the Ethics in
Government Act, the access provisions of Executive Order 13526 or a
successor order on national security information, and Touhy
regulations. Also covered are individuals and entities requesting
access to Department of State records pursuant to certain other
authorities for special document requests, discovery and litigation
support requests.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in the system include but are not limited to the request
letters and Department responses, copies of responsive records (if
applicable) and any other correspondence, memoranda, interrogatories
and declarations related to the processing of the request from the
initial receipt stage through to completion, amendment, appeal and
litigation.
Hard copy records and electronic records may contain: the date of
the request; requester's name and requester's mailing and email
address; Social Security number (if provided by the requester) or other
personal identifiers; place of birth, and/or date of birth in the form
of scanned hardcopy documents or case tracking information entered into
the system during the initial processing stage; type of case; case
number; dates of acknowledgement letters; fee categories; search and
review taskings; number of documents/pages found, reviewed and released
or denied; date of response and, where applicable, the exemptions
applied pursuant to the Freedom of Information Act or Privacy Act.
These records may also contain names, addresses and phone numbers of
attorneys, law firms, judges and U.S. attorneys involved with the
processing or litigation of the case, as well as separate but related
court decisions.
[[Page 48200]]
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301 (Management of Executive Agencies); 5 U.S.C. 552
(Freedom of Information Act); 5 U.S.C. 552a (Privacy Act); 22 U.S.C.
2651a (Organization of the Department of State); 22 U.S.C. 3921
(Management of Foreign Service) and Executive Order 13526 (Classified
National Security Information).
PURPOSE:
The information in this system supports the Department in the
administration of its statutory responsibility for processing requests
for access; amendments; appeals; special projects for Congress, the
Government Accountability Office, and the Department of Justice in
support of court orders and subpoenas; discovery, litigation support,
and litigation pursuant to the Freedom of Information Act, the Privacy
Act, Executive Order 13526 or a successor order on national security
information, and Touhy regulations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Information in this system may be disclosed to:
1. Government agencies that have custody of Department of State
records or that share with the Department responsibility for granting
access to certain categories of records, to coordinate decisions on
access to records;
2. Government agencies for concurrence reviews in recommendations
for access to classified or restricted material and in making
appropriate arrangements for such access;
3. A Court or adjudicative body for a proceeding, when the agency,
or any component thereof, or any employee of the agency in his or her
official capacity, is a party to litigation or has an interest in such
litigation, and the agency determines that use of such records is
relevant and necessary to the litigation;
4. Department of Justice for the purpose of obtaining its advice on
any aspect of the processing of requests for information under the
access provisions of the laws or in connection with litigation;
5. Actual or potential party to litigation or the party's attorney
for the purpose of negotiation or discussion on such matters as
settlement of the case or matter, plea bargaining or in formal or
informal discovery proceedings;
6. Office of Management and Budget, National Archives and Records
Administration or the Interagency Security Oversight Office, for the
purpose of obtaining advice regarding agency obligations under any
access provisions or restrictions of law;
7. Interagency Security Classification Appeals Panel or member
agencies for the purpose of obtaining advice regarding agency
obligations under any access provisions or restrictions of law; and
8. In response to a properly issued subpoena.
9. To the National Archives and Records Administration, Office of
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures, and compliance with the
Freedom of Information Act, and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
The Department of State periodically publishes in the Federal
Register its standard routine uses which apply to all of its Privacy
Act systems of records. These notices appear in the form of a Prefatory
Statement. These standard routine uses apply to Information Access
Programs Records, State-35.
DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Hard copy and electronic media.
RETRIEVABILITY:
Individual name, case number.
SAFEGUARDS:
All users are given cyber security awareness training which covers
the procedures for handling Sensitive but Unclassified information,
including personally identifiable information (PII). Annual refresher
training is mandatory. In addition, all Foreign Service and Civil
Service employees and those Locally Engaged Staff who handle PII are
required to take the Foreign Service Institute distance learning course
instructing employees on privacy and security requirements, including
the rules of behavior for handling PII and the potential consequences
if it is handled improperly.
Before being granted access to Information Access Programs Records,
a user must first be granted access to the Department of State computer
system.
All employees of the Department of State with authorized access
have undergone a thorough background security investigation. Access to
the Department of State, its annexes, and posts abroad is controlled by
security guards and admission is limited to those individuals
possessing a valid identification card or individuals under proper
escort. All paper records containing personal information are
maintained in secured file cabinets in restricted areas, access to
which is limited to authorized personnel. Access to computerized files
is password-protected and under the direct supervision of the system
manager. In addition, all cases and user-accessible records containing
PII are only accessible by cleared individuals whose login is contained
on the Access Control List (ACL). If an individual is not listed on the
ACL, he/she does not have any access to electronic records containing
PII in the system. The system manager has the capability of printing
audit trails of access from the computer media, thereby permitting
regular and ad hoc monitoring of computer usage.
RETENTION AND DISPOSAL:
Records are retired and destroyed in accordance with published
Department of State Records Disposition Schedules as approved by the
National Archives and Records Administration (NARA). More specific
information may be obtained by writing to the Director; Office of
Information Programs and Services, A/GIS/IPS; SA-2, Department of
State; 515 22nd Street NW.; Washington, DC 20522-8001.
SYSTEM MANAGER(S) AND ADDRESS:
Director, Office of Information Programs and Services, SA-2;
Department of State; 515 22nd Street NW.; Washington, DC 20522-8001.
NOTIFICATION PROCEDURE:
Individuals who have reason to believe that the Office of
Information Programs and Services might have records maintained under
their name or personal identifier should write to the Director, Office
of Information Programs and Services; SA-2; Department of State; 515
22nd Street NW.; Washington, DC 20522-8001. The individual must specify
that he/she wishes the system to be checked. At a minimum, the
individual must include: Name; date and place of birth; current mailing
address and zip code; signature; case number if available; and other
information helpful in identifying the record.
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access to or amend records pertaining
to
[[Page 48201]]
themselves should write to the Director, Office of Information Programs
and Services (address above).
CONTESTING RECORD PROCEDURES:
(See above.)
RECORD SOURCE CATEGORIES:
These records may contain information obtained from the requester,
attorneys representing the requester and others authorized to represent
requesters, records systems searched, and officials of other government
agencies who may have provided/referred information relative to the
request including, but not limited to documents, advice, concurrence,
recommendations and disclosure determinations.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
Pursuant to 5 U.S.C. 552a(j)(2), records in this system of records
may be exempted from any part of the Privacy Act except 5 U.S.C.
552a(b), (c)(1) and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10),
and (11), and (i).
Pursuant to 5 U.S.C. 552a(k)(1), (k)(2), (k)(3), (k)(4), (k)(5),
(k)(6), and (k)(7), records in this system of records may be exempted
from 5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), (H), and (I) and (f).
When the Department of State is processing requests under the
purpose of this system, exempt materials from other systems of records
may become part of the records in this system. To the extent that
copies of exempt records from other systems of records are entered into
this system, the Department of State hereby claims the same exemptions
for those records that are claimed for the original primary systems of
records from which they originated.
[FR Doc. 2012-19796 Filed 8-10-12; 8:45 am]
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