[Federal Register Volume 78, Number 125 (Friday, June 28, 2013)]
[Notices]
[Pages 39021-39023]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15536]


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PRIVACY AND CIVIL LIBERTIES OVERSIGHT BOARD

[Notice-PCLOB-2013-05; Docket No 2013-0005; Sequence No. 5]


Privacy Act of 1974; Privacy and Civil Liberties Oversight Board; 
System of Records Notice

AGENCY: Privacy and Civil Liberties Oversight Board.

ACTION: Notice of Privacy Act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the Privacy and 
Civil Liberties Oversight Board proposes to create a new system of 
records titled, ``PCLOB-1, Freedom of Information Act and Privacy Act 
Request Files''.

DATES: Written comments should be submitted on or before July 29, 2013. 
This new system will be effective July 29, 2013.

ADDRESSES: You may submit comments, identified by the docket number in 
the heading of this document, by the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov. 
Follow the online instructions for submitting comments.
    Mail: Written comments may be submitted by mail to: Privacy and 
Civil Liberties Oversight Board, c/o General Services Administration, 
Agency Liaison Division, 1275 First Street NE., ATTN: 849C, Washington, 
DC 20417.
    To ensure proper handling, please include the docket number on your 
correspondence. See SUPPLEMENTARY INFORMATION for further information 
about submitting comments.

FOR FURTHER INFORMATION CONTACT: Diane Janosek, Chief Legal Counsel, 
Privacy and Civil Liberties Oversight Board, at 202-366-0365.

SUPPLEMENTARY INFORMATION: Please note that all comments received are 
considered part of the public record and made available for public 
inspection online at http://www.regulations.gov. Information made 
available to the public includes personally identifying information 
(such as your name, address, etc.) voluntarily submitted by the 
commenter. Additional information about the handling of personally 
identifiable information submitted for the public record is available 
in the system of records notice for the federal dockets management 
system, EPA-GOVT-2, published in the Federal Register at 70 FR 15086 on 
March 24, 2005.
    The Privacy and Civil Liberties Oversight Board (Board) was created 
as an independent agency within the executive branch by the 
Implementing Recommendations of the 9/11 Commission Act of 2007, Public 
Law 110-53. As a federal agency, the Board is subject to the Freedom of 
Information Act (FOIA), 5 U.S.C. 552, and Privacy Act of 1974 (Privacy 
Act), 5 U.S.C. 552a. The Board has published its notice of proposed 
rulemaking to establish administrative procedures for compliance with 
these statutes. As part of our compliance requirements, the Board must 
maintain certain information about FOIA and Privacy Act requests and 
requesters. As a result, the Board also is publishing this system of 
records notice to notify the public of and solicit comments about our 
proposed creation of a system of records for FOIA and Privacy Act case 
files.
SYSTEM OF RECORDS

PCLOB--1, Freedom of Information Act and Privacy Act Files.

SYSTEM NAME:
    Privacy and Civil Liberties Oversight Board--1, Freedom of 
Information Act and Privacy Act Files

SECURITY CLASSIFICATION:
    This system will contain classified and unclassified records.

SYSTEM LOCATION:
    Records are maintained at the Privacy and Civil Liberties Oversight 
Board's office in Washington, DC.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who submit Freedom of Information Act (FOIA) and 
Privacy Act (PA) requests and administrative appeals to the Privacy and 
Civil Liberties Oversight Board, including individuals who make 
requests or appeals on behalf of other persons or entities; individuals 
who are the subjects of FOIA or PA requests or appeals; Board employees 
or Department of Justice litigators assigned to handle requests or 
appeals.

[[Page 39022]]

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records in the system include: FOIA and PA requests 
or appeals, including requesters' names, contact (email, street 
address, telephone number) information, and proof of identification; 
names and other information about persons who are the subject of FOIA 
or PA requests; records received, created, or compiled in processing 
FOIA and PA requests or appeals, including correspondence, intra or 
inter agency memoranda, notes, and other documentation; copies of 
requested records; requesters names, contact (email, street address, 
telephone number) information, and proof of identification; names, 
addresses, and telephone numbers of submitters of requested records.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 552; 5 U.S.C. 552a; 44 U.S.C. 3101

PURPOSE:
    The purpose of this system is to process FOIA and PA requests and 
appeals, and to carry out other Board obligations under the FOIA and 
PA.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures permitted under 5 U.S.C. 552a(b) 
of the Privacy Act, all or a portion of the records or information 
contained in this system may be disclosed by the Board as a routine use 
pursuant to 5 U.S.C. 552a(b)(3) as follows:
    A. To the Department of Justice (including U.S. Attorney Offices) 
or other federal agency conducting litigation or in proceedings before 
any court, adjudicative or administrative body, when it is necessary to 
the litigation and one of the following is a party to or has an 
interest in the litigation:
    1. The Board;
    2. Any Board member or employee in his/her official capacity;
    3. Any Board member or employee in his/her individual capacity if 
DOJ or the Board has agreed to represent the member or employee;
    4. The United States or any agency thereof if the Board determines 
that the records are both relevant and necessary to the litigation and 
the use of such records is compatible with the purpose for which the 
Board collected the records.
    B. To a congressional office, provided that the individual who is 
the subject of the record at issue authorized the congressional office 
to request the record on his or her behalf.
    C. To the National Archives and Record Administration or other 
federal agency pursuant to records management inspections conducted 
under 44 U.S.C. 2904 and 2906.
    D. To an agency, organization, or individual for the purpose of 
performing audit or oversight operations authorized by law, but only to 
the extent necessary and relevant to such audit or oversight function.
    E. To appropriate agencies, entities, and persons when:
    1. The Board suspects or has confirmed that the security or 
confidentiality of information in the system of records has been 
compromised;
    2. The Board determines that because of the suspected or confirmed 
compromise, there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the Board or 
other agency or entity), or harm to individuals that rely on 
compromised information; and
    3. Disclosure is necessary to assist with the Board's efforts to 
respond to the suspected or confirmed compromise, and prevent, 
minimize, or remedy such harm.
    F. To contractors and their agents; grantees; experts; consultants; 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for the Board, when 
necessary to accomplish a Board function related to this system of 
records.
    G. To an appropriate federal, state, tribal, local, international, 
or foreign agency, including law enforcement, or other appropriate 
authority charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order where a 
record, either on its face or in conjunction with other information, 
indicates a violation or potential violation of law, which includes 
criminal, civil, or regulatory violations and such disclosure is proper 
and consistent with the official duties of the individual making the 
disclosure.
    H. To a federal, state, territorial, tribal, local, international, 
or foreign agency or other entity for the purpose of consulting with 
that agency or entity:
    1. To assist in making a determination regarding the disclosure of, 
access to, or amendment of information; or
    2. To verify the identity of an individual or the accuracy of 
information submitted by an individual who has requested access to or 
amendment of information.
    I. To a federal agency for the purpose of referring the request to 
that agency for processing or consulting with that agency regarding the 
appropriate handling of the request.
    J. To the Office of Government Information Services (OGIS) for the 
purposes of resolving disputes between the Board and FOIA requesters or 
for OGIS' review of Board policies, procedures, and compliance in order 
to recommend policy changes to Congress and the President.
    K. To the Office of Management and Budget or the Department of 
Justice when necessary to obtain advice regarding statutory or other 
requirements under the FOIA or PA.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:
    No.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records in this system are stored electronically and/or on paper in 
secure facilities. Electronic records may be stored on magnetic disc, 
tape, digital media, and CD-ROM.

RETRIEVABILITY:
    Records may be retrieved by individual's name or by case tracking 
or control number.

SAFEGUARDS:
    Records in this system are safeguarded in accordance with 
applicable rules and policies, including automated systems security and 
access policies. Access to records in this system is limited to those 
individuals who have a need to know the information for the performance 
of their official duties and who have appropriate clearances or 
permissions.

RETENTION AND DISPOSAL:
    FOIA and PA records are retained in accordance with National 
Archives and Records Administration's General Records Schedule 14.

SYSTEM MANAGER AND ADDRESS:
    Chief FOIA Officer and Chief Privacy Officer, Privacy and Civil 
Liberties Oversight Board, c/o General Services Administration, Agency 
Liaison Division, 1275 First Street NE., ATTN: 849C, Washington, DC 
20417.

NOTIFICATION PROCEDURE:
    Individuals seeking notification of and access to any record 
contained in this system of records, or seeking to contest its content, 
may submit a request in writing to the Privacy Officer

[[Page 39023]]

at the address provided for the System Manager, above. When seeking 
records about yourself from this system of records your request must 
comply with the Board's Privacy Act regulations and must include 
sufficient information to permit us to identify potentially responsive 
records. In addition, you must sign your request, and your signature 
must either be notarized or submitted under 28 U.S.C. Sec.  1746, a law 
that permits statements to be made under penalty of perjury as a 
substitute for notarization. If your request is seeking records 
pertaining to another living individual, you must include a statement 
from that individual certifying his/her consent to your access to his/
her records. Without this information, we may not be able to conduct an 
effective search, and your request may be denied due to lack of 
specificity or lack of compliance with applicable regulations.

RECORD ACCESS PROCEDURES:
    See ``Notification procedure'' above.

CONTESTING RECORD PROCEDURES:
    See ``Notification procedure'' above.

RECORD SOURCE CATEGORIES:
    Records are obtained from individuals who submit FOIA and PA 
requests or appeals; the records searched and identified as responsive 
in the process of responding to such requests and appeals; Board 
personnel assigned to handle such requests and appeals; other agencies 
that have referred FOIA or PA requests to the Board for consultation or 
response; submitters or subjects of records or information that have 
provided assistance to the Board in making access or amendment 
determinations.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: June 24, 2013.
Diane Janosek,
Chief Legal Counsel, Privacy and Civil Liberties Oversight Board.
[FR Doc. 2013-15536 Filed 6-27-13; 8:45 am]
BILLING CODE 6820-B3-P