Privacy Act of 1974; System of Records

• Published date: 09 July 2024
• Citation: 89 FR 56373
• Pages: 56373-56375
• FR Document: 2024-15057
• Section: Notices
• Issuer: Federal Communications Commission

Federal Register, Volume 89 Issue 131 (Tuesday, July 9, 2024)

[Federal Register Volume 89, Number 131 (Tuesday, July 9, 2024)]
                [Notices]
                [Pages 56373-56375]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2024-15057]
                =======================================================================
                -----------------------------------------------------------------------
                FEDERAL COMMUNICATIONS COMMISSION
                [FR ID 230207]
                Privacy Act of 1974; System of Records
                AGENCY: Federal Communications Commission.
                ACTION: Notice of a modified system of records.
                -----------------------------------------------------------------------
                SUMMARY: The Federal Communications Commission (FCC, Commission, or
                Agency) has modified an existing system of records, FCC/OLA-1,
                Legislative Management Tracking System (LMTS), subject to the Privacy
                Act of 1974, as amended. This action is necessary to meet the
                requirements of the Privacy Act to publish in the Federal Register
                notice of the existence and character of records maintained by the
                agency. The FCC's Office of Legislative Affairs (OLA) uses this system
                to maintain the personally identifiable information (PII) contained in
                the Commission's Legislative Management Tracking System (LMTS).
                DATES: This modified system of records will become effective on July 9,
                2024. Written comments on the routine uses are due by August 8, 2024.
                The routine uses in this action will become effective on August 8, 2024
                unless comments are received that require a contrary determination.
                ADDRESSES: Send comments to Brendan McTaggart, Attorney-Advisor, Office
                of General Counsel, Federal Communications Commission, 45 L Street NE,
                Washington, DC 20554, or to [email protected].
                FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or
                [email protected].
                SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
                OLA-1 as a result of the various necessary changes and updates. The
                substantive changes and modifications to the previously published
                version of the FCC/OLA-1 system of records include:
                 1. Adding five new routine uses: (1) Litigation; (2) Adjudication;
                (3) Law Enforcement and Investigation; (8) Assistance to Federal
                Agencies and Entities Related to Breaches, the addition of which is
                required by OMB M-17-12; and (9) Nonfederal Personnel.
                 2. Updating and/or revising language in three routine uses (listed
                by the routine use number provided in this notice): (4) Government-wide
                Program Management and Oversight; (5) Congressional Inquiries; and (7)
                Breach Notification, the modification of which is required by OMB M-17-
                12.
                 The system of records is also updated to reflect various
                administrative changes related to the system managers and system
                addresses; policy and practices for storage, retention, disposal and
                retrieval of the information; administrative, technical, and physical
                safeguards; and updated notification, records access, and contesting
                records procedures.
                SYSTEM NAME AND NUMBER:
                 FCC/OLA-1, Legislative Management Tracking System (LMTS).
                SECURITY CLASSIFICATION:
                 Unclassified.
                SYSTEM LOCATION:
                 OLA, FCC, 45 L St. NE, Washington, DC 20554.
                SYSTEM MANAGER(S):
                 OLA, FCC, 45 L St. NE, Washington, DC 20554.
                AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
                 5 U.S.C. 301; 44 U.S.C. 3101; 47 U.S.C. 154(i), (j), and (k), and
                47 U.S.C. 155(a).
                PURPOSE(S) OF THE SYSTEM:
                 OLA uses the LMTS to store, track, and manage correspondence to or
                from the members of the U.S. House of Representatives, the U.S. Senate,
                and the Vice President and President of the United States. This
                correspondence may include attachments that could contain PII from
                individuals (members of the public at large) who contacted their
                Congressional Representative(s), Senator(s), and/or the Vice President
                or President concerning various telecommunications issues affecting
                them, e.g., telephone and cable bills, etc. In addition, LMTS tracks
                correspondence regarding FCC employees who have requested Congressional
                assistance with their personal employment issues at the Commission,
                e.g., hiring and promotion matters, etc.
                CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
                 The categories of individuals in the Legislative Management
                Tracking System (LMTS) include members of the U.S. House of
                Representatives, Senators, and the Vice President and President of the
                United States; members of the public at large; and FCC employees.
                CATEGORIES OF RECORDS IN THE SYSTEM:
                 The categories of records in the LMTS may include:
                 1. Members of the public at large: individual's name, home address,
                home telephone number(s), personal cell phone number(s), account
                number(s) for telephone, cell phone, cable television, and satellite
                television services, and other, miscellaneous information that an
                individual may include in his/her Congressional (constituent)
                complaint(s) and/or consumer complaints, etc.; and
                 2. FCC employees: individual's name, home address, home telephone
                number(s), personal cell phone number(s), FCC employment records, and
                other miscellaneous, information that a Commission employee may include
                in a complaint or request.
                RECORD SOURCE CATEGORIES:
                 The sources for the information in the LMTS are Congressional and
                Executive Branch correspondence, including attachments, which may
                include complaints related to telephone, wireless, and cable billing or
                service;
                [[Page 56374]]
                licensing inquiries; or other inquiries on issues under FCC
                jurisdiction, etc., submitted by constituents (members of the public at
                large); or personnel actions or complaints from constituents who are
                FCC employees.
                ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
                OF USERS AND THE PURPOSES OF SUCH USES:
                 Information about individuals in this system of records may
                routinely be disclosed under the following conditions:
                 1. Litigation--Records may be disclosed to the Department of
                Justice (DOJ) when: (a) the FCC or any component thereof; (b) any
                employee of the FCC in his or her official capacity; (c) any employee
                of the FCC in his or her individual capacity where the DOJ or the FCC
                has agreed to represent the employee; or (d) the United States
                Government is a party to litigation or has an interest in such
                litigation, and by careful review, the FCC determines that the records
                are both relevant and necessary to the litigation, and the use of such
                records by the Department of Justice is for a purpose that is
                compatible with the purpose for which the FCC collected the records.
                 2. Adjudication--Records may be disclosed in a proceeding before a
                court or adjudicative body, when: (a) the FCC or any component thereof;
                or (b) any employee of the FCC in his or her official capacity; or (c)
                any employee of the FCC in his or her individual capacity; or (d) the
                United States Government, is a party to litigation or has an interest
                in such litigation, and by careful review, the FCC determines that the
                records are both relevant and necessary to the litigation, and that the
                use of such records is for a purpose that is compatible with the
                purpose for which the agency collected the records.
                 3. Law Enforcement and Investigation--When the FCC investigates any
                violation or potential violation of a civil or criminal law,
                regulation, policy, executed consent decree, order, or any other type
                of compulsory obligation and determines that a record in this system,
                either alone or in conjunction with other information, indicates a
                violation or potential violation of law, regulation, policy, consent
                decree, order, or other compulsory obligation, the FCC may disclose
                pertinent information as it deems necessary to the target of an
                investigation, as well as with the appropriate Federal, State, local,
                Tribal, international, or multinational agencies, or a component of
                such an agency, responsible for investigating, prosecuting, enforcing,
                or implementing a statute, rule, regulation, or order.
                 4. Government-wide Program Management and Oversight--Information
                may be disclosed to the Department of Justice (DOJ) to obtain that
                department's advice regarding disclosure obligations under the Freedom
                of Information Act (FOIA); or to the Office of Management and Budget
                (OMB) to obtain that office's advice regarding obligations under the
                Privacy Act.
                 5. Congressional Inquiries--Information may be provided to a
                Congressional office in response to an inquiry from that Congressional
                office made at the written request of the individual to whom the
                information pertains.
                 6. Executive Branch Inquiries--Records may be shared with other
                Federal agencies, including the White House and OMB, to assist
                individuals whose information is contained in this system.
                 7. Breach Notification--Records may be disclosed to appropriate
                agencies, entities, and persons when: (a) The Commission suspects or
                has confirmed that there has been a breach of the system of records;
                (b) the Commission has determined that as a result of the suspected or
                confirmed breach there is a risk of harm to individuals, the Commission
                (including its information systems, programs, and operations), the
                Federal Government, or national security; and (c) the disclosure made
                to such agencies, entities, and persons is reasonably necessary to
                assist in connection with the Commission's efforts to respond to the
                suspected or confirmed breach or to prevent, minimize, or remedy such
                harm.
                 8. Assistance to Federal Agencies and Entities Related to
                Breaches--Records may be disclosed to another Federal agency or Federal
                entity, when the Commission determines that information from this
                system is reasonably necessary to assist the recipient agency or entity
                in: (a) responding to a suspected or confirmed breach or (b)
                preventing, minimizing, or remedying the risk of harm to individuals,
                the recipient agency or entity (including its information systems,
                program, and operations), the Federal Government, or national security,
                resulting from a suspected or confirmed breach.
                 9. Non-Federal Personnel--Information may be disclosed to non-
                Federal personnel, including contractors, other vendors (e.g., identity
                verification services), grantees, and volunteers who have been engaged
                to assist the FCC in the performance of a service, grant, cooperative
                agreement, or other activity related to this system of records and who
                need to have access to the records in order to perform their activity.
                POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
                 Electronic records in this system reside on the FCC or a vendor's
                network.
                POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
                 Information in the LMTS is retrieved by the correspondence log-in
                file number, Congressional Representative's name, and/or type of
                complaint, etc. Regardless of the circumstances, OLA always redacts the
                Social Security Number and birthdate before entering a document into
                LMTS. Other personally identifiable information (PII) in an attachment
                may also be redacted prior to filing the correspondence if it is not
                relevant to the complaint or inquiry.
                POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
                 The information in this system is maintained and disposed of in
                accordance with the National Archives and Records Administration (NARA)
                Records Schedules N1-173-92-002, Office of Legislative Affairs Records,
                and N1-173-96-001, Office of Legislative and Intergovernmental Affairs
                Records.
                ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
                 Electronic records, files, and data are stored within FCC or a
                vendor's accreditation boundaries and maintained in a database housed
                in the FCC's or vendor's computer network databases. Access to the
                electronic files is restricted to authorized employees and contractors;
                and to IT staff, contractors, and vendors who maintain the IT networks
                and services. Other employees and contractors may be granted access on
                a need-to-know basis. The electronic files and records are protected by
                the FCC and third-party privacy safeguards, a comprehensive and dynamic
                set of IT safety and security protocols and features that are designed
                to meet all Federal privacy standards, including those required by the
                Federal Information Security Modernization Act of 2014 (FISMA), the
                Office of Management and Budget (OMB), and the National Institute of
                Standards and Technology (NIST).
                RECORD ACCESS PROCEDURES:
                 Individuals wishing to request access to and/or amendment of
                records about
                [[Page 56375]]
                themselves should follow the Notification Procedures below.
                CONTESTING RECORD PROCEDURES:
                 Individuals wishing to contest information pertaining to him or her
                in the system of records should follow the Notification Procedures
                below.
                NOTIFICATION PROCEDURES:
                 Individuals wishing to determine whether this system of records
                contains information about themselves may do so by writing to
                [email protected]. Individuals requesting record access or amendment must
                also comply with the FCC's Privacy Act regulations regarding
                verification of identity as required under 47 CFR part 0, subpart E.
                EXEMPTIONS PROMULGATED FOR THE SYSTEM:
                 None.
                HISTORY:
                 76 FR 23811 (April 28, 2011).
                Federal Communications Commission.
                Aleta Bowers,
                Information Management Specialist, Office of the Secretary.
                [FR Doc. 2024-15057 Filed 7-8-24; 8:45 am]
                BILLING CODE 6712-01-P