[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Proposed Rules]
[Pages 1419-1420]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00893]


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DEPARTMENT OF STATE

22 CFR Part 171

[Public Notice: 9987]
RIN 1400-AE17


Privacy Act; STATE-01, Email Archive Management Records

AGENCY: Department of State.

ACTION: Proposed rule.

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SUMMARY: In this proposed rulemaking, the Department of State proposes 
to

[[Page 1420]]

exempt portions of the Email Archive Management Records, STATE-01, from 
certain provisions of the Privacy Act of 1974.

DATES: Comments must be received on or before April 5, 2019.

ADDRESSES: You may view this proposed rule and submit your comments by 
visiting the regulations.gov website at www.regulations.gov, and 
searching for docket number DOS-2018-0010.

FOR FURTHER INFORMATION CONTACT: John C. Sullivan, Senior Agency 
Official for Privacy; Office of Global Information Services, A/GIS; 
Department of State, SA-2; 515 22nd Street NW; Washington, DC 20522-
8001, or at [email protected] or on (202) 261-8407. Please include 
``RIN 1400-AE17 State-01'' in subject line of your email.

SUPPLEMENTARY INFORMATION: 
    The Department of State maintains the Email Archive Management 
Records system of records. The primary purpose of this system of 
records is to capture emails and attachments that interact with a 
Department of State email account and to store them in a secure 
repository that allows for search, retrieval, and view when necessary.
    The Department of State intends to amend 22 CFR 171.26 to exempt 
portions of the Email Archive Management Records system of records from 
the Privacy Act. The Email Archive Management Records can include all 
email messages and attachments in a specific employee's inbox. Any 
exemptions that the Department has claimed in connection with other 
systems of records could apply to records in the Email Archive 
Management Records, because similar records could be included in or 
attached to emails that were sent or received by a Department employee.
    Records in the Email Archive Management Records are exempted from 
all subsections of the Privacy Act, except for subsections (b), (c)(1) 
and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10), and (11), and 
(i), to the extent that those records meet the criteria of subsection 
(j)(2).
    Records also may be exempt from subsections (c)(3); (d); (e)(1); 
(e)(4)(G), (H), and (I); and (f) of the Privacy Act pursuant to 5 
U.S.C. 552a(k)(1), (k)(2), (k)(3), (k)(4), (k)(5), (k)(6), and (k)(7). 
STATE-01 is exempted under subsection (k)(1) to the extent that records 
are subject to the provisions of 5 U.S.C. 552(b)(1). STATE-01 is 
exempted under subsection (k)(2) to the extent that records are 
comprised of investigatory material compiled for law enforcement 
purposes, subject to the limitations set forth in subsection (k)(2). 
STATE-01 is exempted under subsection (k)(3) to the extent that records 
are related to providing protective services pursuant to 18 U.S.C. 
3056. STATE-01 is exempted under subsection (k)(4) to the extent that 
records are required by statute to be maintained and are used solely as 
statistical records. STATE-01 is exempted under subsection (k)(5) to 
the extent that records consist of investigatory material compiled 
solely for the purpose of determining suitability, eligibility, or 
qualifications for federal civilian employment, military service, 
federal contracts, or access to classified information, but only to the 
extent that disclosure of such material would reveal the identity of a 
confidential informant. STATE-01 is exempted under subsection (k)(6) to 
the extent that records consist of testing or examination material used 
solely to determine individual qualifications for appointment or 
promotion in the federal service, the disclosure of which would 
compromise the objectivity or fairness of the testing or examination 
process. STATE-01 is exempted under subsection (k)(7) to the extent 
that records consist of evaluation material used to determine potential 
for promotion in the armed services, but only to the extent that such 
disclosure would reveal the identity of a confidential informant.

List of Subjects in 22 CFR Part 171

    Administrative practice and procedure; Freedom of information; 
Privacy.

    For the reasons stated in the preamble, 22 CFR part 171 is proposed 
to be amended as follows:

PART 171--[AMENDED]

0
1. The authority for part 171 continues to read as follows:

    Authority: 22 U.S.C. 2651a; 5 U.S.C. 552, 552a; E.O. 12600 (52 
FR 23781); Pub. L. 95-521, 92 Stat. 1824 (codified as amended at 5 
U.S.C. app. 101-505); 5 CFR part 2634.

0
2. Section 171.26 is amended by:
    a. Adding an entry, in alphabetical order, for ``Email Archive 
Management Records, STATE-01'' to the list in paragraph (a)(2)(iii); 
and
    b. Adding an entry, in alphabetical order, for ``Email Archive 
Management Records, STATE-01'' to the lists in paragraphs (b)(1) 
through (7).

    Dated: December 21, 2018.
John C. Sullivan,
Senior Agency Official for Privacy, Deputy Assistant Secretary, Office 
of Global Information Services, Bureau of Administration, Department of 
State.
[FR Doc. 2019-00893 Filed 2-1-19; 8:45 am]
 BILLING CODE 4710-24-P