Privacy Act of 1974; System of Records
| Published date | 09 July 2019 |
| Citation | 84 FR 32786 |
| Record Number | 2019-14605 |
| Section | Notices |
| Court | Pension Benefit Guaranty Corporation |
Federal Register, Volume 84 Issue 131 (Tuesday, July 9, 2019)
[Federal Register Volume 84, Number 131 (Tuesday, July 9, 2019)]
[Notices]
[Pages 32786-32789]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14605]
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PENSION BENEFIT GUARANTY CORPORATION
Privacy Act of 1974; System of Records
AGENCY: Pension Benefit Guaranty Corporation.
ACTION: Notice of a new system of records.
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SUMMARY: The Pension Benefit Guaranty Corporation (PBGC) is proposing
the following changes to its system of records notices to establish a
new system of records PBGC-26: PBGC Insider Threat and Data Loss
Prevention. The new system of records will cover records about
individuals,
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retrieved by personal identifier, which are compiled and used by PBGC's
Insider Threat and Data Loss Prevention teams, to administer PBGC's
insider threat and data loss prevention programs. Because records in
this system include investigatory material compiled for law enforcement
purposes, elsewhere in this issue of the Federal Register PBGC has
published a final rule to exempt this system of records from certain
requirements of the Privacy Act. The system of records is more fully
described in in the SUPPLEMENTARY INFORMATION section of this notice
and in the System of Records Notice (SORN) published in this notice.
DATES: Comments must be received on or before August 8, 2019. The
system of records described herein will become effective July 9, 2019,
without further notice, unless comments result in a contrary
determination and a notice is published to that effect.
ADDRESSES: You may submit written comments to PBGC by any of the
following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the website instructions for submitting comments.
Email: [email protected]. Refer to SORN in the subject
line.
Mail or Hand Delivery: Regulatory Affairs Division, Office
of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K
Street NW, Washington, DC 20005-4026.
All submissions must include the agency's name (Pension Benefit
Guaranty Corporation, or PBGC) and refer to ``SORN.'' All comments
received will be posted without change to PBGC's website, www.pbgc.gov,
including any personal information provided. Copies of comments may
also be obtained by writing to Disclosure Division, Office of the
General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street
NW, Washington, DC 20005-4026, or calling 202-326-4040 during normal
business hours. (TTY users may call the Federal relay service toll-free
at 1-800-877-8339 and ask to be connected to 202-326-4040.)
FOR FURTHER INFORMATION CONTACT: Margaret Drake, Chief Privacy Officer,
Pension Benefit Guaranty Corporation, Office of the General Counsel,
1200 K Street NW, Washington, DC 20005, 202-326-4400, extension 6435.
For access to any of PBGC's system of records, contact D. Camilla
Perry, Disclosure Officer, Office of the General Counsel, Disclosure
Division, 1200 K Street NW, Washington DC 20005, or by calling 202-326-
4040.
SUPPLEMENTARY INFORMATION: PBGC is proposing to establish a new system
of records titled, ``PBGC-26, PBGC Insider Threat and Data Loss
Prevention--PBGC.'' Executive Order 13587, issued on October 7, 2011,
mandated that agencies with classified networks establish insider
threat programs. While PBGC does not have any classified networks, it
does maintain a significant amount of Controlled Unclassified
Information (CUI) that, under law, it is required to safeguard from
unauthorized access or disclosure. One method utilized by PBGC to
ensure that only those with a need-to-know have access to CUI is a set
of tools to minimize data loss, whether inadvertent or intentional.
Working from the Minimum Standards set forth in the Presidential
Memorandum--National Insider Threat Policy and Minimum Standards for
Executive Branch Insider Threat Programs (Nov. 21, 2012), PBGC is also
establishing an Insider Threat Program. While PBGC is not legally
mandated to deploy an insider threat program, the principles developed
by the National Institute of Standards and Technology and the National
Insider Threat Task Force ``can also be employed effectively to improve
the security of Controlled Unclassified Information in non-national
security systems.'' An ``insider'' is any individual authorized to
access PBGC facilities, information, equipment, and systems. This
includes Federal employees and contractors. An ``insider threat''
occurs when that individual exceeds their authorized access,
intentionally or not, or uses information for an improper purpose,
including, but not limited to, personal gain, which ``negatively
affect[s] the confidentiality, integrity, or availability'' of PBGC
data.
The records that PBGC will compile to administer its data loss
prevention and insider threat programs may be from any PBGC program,
record, or source, and may contain records pertaining to information
security, personnel security, or physical security. The records covered
under PBGC-26,PBGC Insider Threat and Data Loss Prevention--PBGC,
include investigatory material compiled for law enforcement purposes.
Accordingly, PBGC has published a Final Rule in the Federal Register to
exempt such material in the new system or record from certain
requirements under the Privacy Act of 1974 (5 U.S.C. 552a), based on
subsection (k)(2) of the Act.
The collection and maintenance of these records is new. The
implementation of this new system of records will be effective on July
9, 2019.
Issued in Washington, DC.
Gordon Hartogensis,
Director, Pension Benefit Guaranty Corporation.
SYSTEM NAME AND NUMBER
PBGC--26: PBGC Insider Threat and Data Loss Prevention--PBGC
Security Classification
Unclassified
System Location
Pension Benefit Guaranty Corporation (PBGC), 1200 K Street NW,
Washington, DC 20005. (Records may be kept at an additional location as
backup for continuity of operations.)
System Manager(s) and Address
Chief Information Officer, Office of Information Technology, PBGC,
1200 K Street NW, Washington, DC 20005.
Authority for Maintenance of the System
29 U.S.C. 1302(b)(3); 5 U.S.C. 301; 44 U.S.C. 3101; 44 U.S.C. 3554;
Executive Order 13587, Structural Reforms To Improve the Security of
Classified Networks and the Responsible Sharing and Safeguarding of
Classified Information (Oct. 7, 2011); Presidential Memorandum--
National Insider Threat Policy and Minimum Standards for Executive
Branch Insider Threat Programs (Nov. 21, 2012); Executive Orders 13488
and 13467, as amended by 13764, To Modernize the Executive Branch-Wide
Governance Structure and Processes for Security Clearances, Suitability
and Fitness for Employment, and Credentialing, and Related Matters;
Executive Order 3356, Controlled Unclassified Information (Nov. 4,
2010); 5 CFR part 731; 5 CFR part 302; OMB Circular A-130 (July 28,
2016); National Institute of Standards and Technology Special
Publication 800-53.
Purpose(s) of the System
The purpose of the system is to detect anomalous behavior by PBGC
insiders and, as warranted, gather information from sources or existing
PBGC systems of records to support an investigation of the incident.
Categories of Individuals Covered by the System
The categories of individuals covered by this system are PBGC
insiders, defined as any person with authorized access to any PBGC
resource including facilities, information, equipment, networks, or
systems.
Categories of Records in the System
A. The System Will Contain These Categories of Records
Information collected through user activity monitoring, including
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keystrokes, screen captures, and content transmitted via email, chat,
or data import or export.
Reports of investigation regarding security violations and privacy
breaches, including incident reports; usernames and aliases, levels of
network access, audit data, information regarding misuse of PBGC
devices, information regarding unauthorized use of removable media, and
logs of printer, copier, and facsimile machine use.
Records relating to the management and operation of PBGC personnel
and physical security, including information relating to continued
eligibility for access to PBGC facilities, information, and information
systems.
Information identifying threats to PBGC personnel, property,
facilities, and information; information obtained from the Department
of Justice, the Federal Bureau of Investigation, or from other agencies
or organizations about individuals known or suspected of being engaged
in conduct constituting, preparing for, aiding, or relating to an
insider threat, including espionage or unauthorized disclosure of
personally identifiable information (PII).
B. The System May Include These Categories of Records
Publicly available information, such as information regarding:
Arrests and detentions; real property; bankruptcy; liens or holds on
property; vehicles; licensure (including professional and pilot's
licenses, firearms and explosive permits); business licenses and
filings; and from social media.
Reports furnished to the PBGC, or collected by PBGC, in connection
with personnel security investigations and Insider Threat Detection
Program operated by PBGC pursuant to Federal laws and Executive Orders,
rules, regulations, guidance, and PBGC policies.
Documentation pertaining to investigative or analytical efforts by
PBGC Insider Threat Program Personnel to identify threats to PBGC
personnel, property, facilities, and information.
Intelligence reports and database query results relating to
individuals covered by this system.
Record Source Categories
To monitor for, identify, and respond to potential insider threats,
information in the system will be received on an as needed basis from
PBGC employees, contractors, vendors, interns, and detailees; officials
from other foreign, federal, tribal, state, and local government
agencies and organizations; non-government, commercial, public, and
private agencies and organizations; complainants, informants, suspects,
and witnesses; and from relevant records, including counterintelligence
and security databases and files; personnel security databases and
files; PBGC human resources databases and files; PBGC contractor files;
PBGC's Office of Information Technology; information collected through
user activity monitoring; PBGC telephone usage records; federal, state,
tribal, territorial, and local law enforcement and investigatory
records; Inspector General records; available U.S. Government
intelligence and counterintelligence reporting information and analytic
products pertaining to adversarial threats; other Federal agencies; and
publicly available information.
Routine Uses of Records Maintained in the System, Including Categories
of Users and the Purposes of Such Uses
Information about covered individuals may be disclosed without
consent as permitted by the Privacy Act of 1974, 5 U.S.C. 522a(b), and:
1. General Routine Uses G1 through G14 apply to this system of
records (see Prefatory Statement of General Routine Uses).
2. Records may be disclosed to any person, organization, or
governmental entity in order to notify them of a serious threat for the
purpose of guarding against or responding to the threat.
3. Records may be disclosed to a federal, state, or local agency,
or other appropriate entities or individuals, or through established
liaison channels to selected foreign governments, in order to enable
the intelligence agency with the relevant authority and responsibility
for the matter to carry out its responsibilities under the National
Security Act of 1947 as amended, the CIA act of 1949 as emended,
Executive Order 12333 or any successor order, applicable national
security directives, or classified implementing procedures approved by
the Attorney General and promulgated pursuant to such statutes, orders
or directives.
4. Records may be disclosed to the U.S. Department of Homeland
Security (DHS) if captured in an intrusion detection system used by
PBGC and DHS pursuant to a DHS cybersecurity program that monitors
internet traffic to and from federal government computer networks to
prevent a variety of types of cybersecurity incidents.
Policies and Practices for Storage of Records
Records are maintained in electronic form (including computer
databases or discs). Records may also be maintained on back-up tapes,
or on a PBGC or a contractor-hosted network.
Policies and Practices for Retrieval of Records
Information from this system may be retrieved by numerous data
elements and key word searches, including, but not limited to name,
dates, subject, and other information retrievable with full text
searching capability.
Administrative, Technical, and Physical Safeguards
PBGC has established security and privacy protocols that meet the
required security and privacy standards issued by the National
Institute of Standards and Technology (NIST). Records are maintained in
a secure, password protected electronic system that utilizes security
hardware and software to include multiple firewalls, active intruder
detection, and role-based access controls. PBGC has adopted appropriate
administrative, technical, and physical controls in accordance with
PBGC's security program to protect the confidentiality, integrity, and
availability of the information, and to ensure that records are not
disclosed to or accessed by unauthorized individuals.
Electronic records are stored on computer networks, which may
include cloud-based systems, and protected by controlled access with
Personal Identity Verification (PIV) cards, assigning user accounts to
individuals needing access to the records and by passwords set by
authorized users that must be changed periodically.
Policies and Practices for Retention and Disposal of Records
The records in this system of records are covered by National
Archives and Records Administration General Records Schedule 5.6, items
210, 220, 230, and 240.
Record Access Procedures
Individuals, or third parties with written authorization from the
individual, wishing to request access to their records in accordance
with 29 CFR 4902.4, should submit a written request to the Disclosure
Officer, PBGC, 1200 K Street NW, Washington, DC 20005, providing their
name, address, date of birth, and verification of their identity in
accordance with 29 CFR 4902.3(c).
Contesting Record Procedures
Individuals, or third parties with written authorization from the
individual, wishing to amend their records must submit a written
request identifying the information they wish to correct in their file,
in addition to
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following the requirements of the Record Access Procedure above.
Notification Procedures
Individuals, or third parties with written authorization from the
individual, wishing to learn whether this system of records contains
information about them should submit a written request to the
Disclosure Officer, PBGC, 1200 K Street NW, Washington, DC 20005,
providing their name, address, date of birth, and verification of their
identity in accordance with 29 CFR 4902.3(c).
Exemptions Promulgated for the System
Pursuant to 5 U.S.C. 552a(k)(2), PBGC has established regulations
at 29 CFR 4902.12 that exempt records in this system depending on their
purpose.
History
None.
[FR Doc. 2019-14605 Filed 7-8-19; 8:45 am]
BILLING CODE 7709-02-P
