Privacy Act of 1974; System of Records
| Published date | 22 June 2021 |
| Record Number | 2021-13087 |
| Section | Notices |
| Court | Federal Communications Commission |
Federal Register, Volume 86 Issue 117 (Tuesday, June 22, 2021)
[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Notices]
[Pages 32674-32676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13087]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID 33227]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a new system of records.
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SUMMARY: The Federal Communications Commission (``FCC'' or
``Commission'') is establishing OMD-33, Ensuring Workplace Health and
Safety in Response to a Public Health Emergency, a system of records
under the Privacy Act of 1974. This system of records maintains
information collected in response to a public health emergency, such as
a pandemic or epidemic, from FCC staff (including political appointees,
employees, detailees, contractors, consultants, interns, and
volunteers) and visitors to FCC facilities that is necessary to ensure
a safe and healthy work environment.
DATES: In accordance with 5 U.S.C. 552(e)(4) and (11), this notice will
go into effect without further notice on June 22, 2021 unless otherwise
revised pursuant to comments received. New routine uses will go into
effect on July 22, 2021. Comments must be received on or before July
22, 2021.
ADDRESSES: You may submit comments identified as pertaining to
``Ensuring Workplace Health and Safety in Response to a Public Health
Emergency'' to Margaret Drake at [email protected] or Federal
Communications Commission (FCC), 45 L Street NE, Washington, DC 20554.
FOR FURTHER INFORMATION CONTACT: Margaret Drake at 202-418-1707 or
[email protected], Office of the General Counsel, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554.
SUPPLEMENTARY INFORMATION:
I. OMD-33, Ensuring Workplace Health and Safety in Response to a Public
Health Emergency
The FCC is establishing OMD-33, Ensuring Workplace Health and
Safety in Response to a Public Health Emergency, a system of records
under the Privacy Act of 1974. The FCC is committed to providing all
FCC staff with a safe and healthy work environment and to that end it
may develop and institute additional safety measures in response to a
public health emergency. These measures may include instituting
activities such as requiring FCC staff and visitors to provide
information before being allowed access to an FCC facility, medical
screening, and contact tracing. Contact tracing conducted by FCC staff
may involve collecting information about FCC staff and visitors who are
exhibiting symptoms or who have tested positive for an infectious
disease in order to identify and notify other FCC staff and visitors
with whom they may have come into contact and who may have been
exposed. Moreover, the FCC will use contact tracing data to submit
required reports to local public health officials, in accordance with
local public health mandates.
Information will be collected and maintained in accordance with the
Rehabilitation Act of 1973 and regulations and guidance published by
the U.S. Occupational Safety and Health Administration, the U.S. Equal
Employment Opportunity Commission, and the U.S. Centers for Disease
Control and Prevention.
II. The Privacy Act
Under the Privacy Act of 1974, 5 U.S.C. 552a, a ``system of
records'' is defined as a group of any records under the control of a
Federal government agency from which information about individuals is
retrieved by name or by some identifying number, symbol, or other
identifying particular assigned to the individual. The Privacy Act
establishes the means by which government agencies must collect,
maintain, and use information about an individual in a government
system of records.
Each government agency is required to publish a notice in the
Federal Register in which the agency identifies and describes each
system of records it maintains, the reasons why the agency uses the
information therein, the routine uses for which the agency will
disclose such information outside the agency, and how individuals may
exercise their rights under the Privacy Act.
[[Page 32675]]
In accordance with 5 U.S.C. 552a(r), the FCC has provided a report
of this new system of records to the Office of Management and Budget
and to Congress.
SYSTEM NAME AND NUMBER:
OMD-33, Ensuring Workplace Health and Safety in Response to a
Public Health Emergency.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
This system is maintained by the Office of the Managing Director in
the Commission's Headquarters at 45 L Street NE, Washington, DC 20554.
SYSTEM MANAGER(S):
The system manager is the Managing Director located in the
Commission's Headquarters at 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The authority to collect this information derives from General Duty
Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act
of 1970 (29 U.S.C. 654), Executive Order 12196, Occupational safety and
health programs for Federal employees (Feb. 26, 1980), Executive Order
13991, Protecting the Federal Workforce and Requiring Mask-Wearing, OMB
Memorandum M 21-15, COVID-19 Safe Federal Workplace: Agency Model
Safety Principles (Jan. 24, 2021), and the National Defense
Authorization Act For Fiscal Year 2017 (5 U.S.C. 6329c(b)). Information
will be collected and maintained in accordance with the Rehabilitation
Act of 1973 (29 U.S.C. 791 et seq.).
PURPOSE(S) OF THE SYSTEM:
The information in the system is collected to assist the FCC with
maintaining a safe and healthy workplace and to protect FCC staff and
visitors working on-site from risks associated with a public health
emergency (as defined by the U.S. Department of Health and Human
Services and declared by its Secretary), such as a pandemic or
epidemic. To that end, the FCC may develop and institute additional
safety measures in response to a public health emergency. These
measures may include instituting activities such as requiring FCC staff
and visitors to provide information before being allowed access to an
FCC facility, medical screening, and contact tracing. Contact tracing
conducted by FCC staff may involve collecting information about FCC
staff and visitors who are exhibiting symptoms or who have tested
positive for an infectious disease in order to identify and notify
other FCC staff and visitors with whom they may have come into contact
and who may have been exposed within an FCC facility. Moreover, the FCC
will use contact tracing data to submit required reports to local
public health officials, in accordance with local public health
mandates.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include FCC staff (e.g.,
political appointees, employees, detailees, contractors, consultants,
interns, and volunteers) and visitors to a FCC facility during a public
health emergency, such as a pandemic or epidemic.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains information collected about FCC staff and
visitors accessing or requesting access to FCC facilities during a
public health emergency, including a pandemic or epidemic. It maintains
biographical information collected about FCC staff and visitors such as
their name, contact information, whether they are in a high-risk
category or provide dependent care for individuals in a high-risk
category, and recent travel. It maintains health information collected
about FCC staff and visitors to a FCC facility, that may include
temperature checks, expected or confirmed test results, dates,
symptoms, potential or actual exposure to a pathogen, immunizations and
vaccination information, or other medical history related to the
treatment of a pathogen or communicable disease that is identified as
part of a public health emergency. It maintains information collected
about FCC staff and visitors to FCC facilities necessary to conduct
contact tracing that may include the dates and which facility they
visited, the locations that they visited within the facility (e.g.,
office and cubicle number), the duration of time spent in the facility,
whether they may have potentially come into contact with a contagious
person while visiting the facility, travel dates and locations, and a
preferred contact number.
RECORD SOURCE CATEGORIES:
The information in this system is collected in part directly from
the individual or from FCC management officials requesting access to an
FCC facility on a person's behalf. Information is also collected from
security systems monitoring access to FCC facilities, such as video
surveillance and turnstiles, human resources systems, emergency
notification systems, and federal, state, and local agencies assisting
with the response to a public health emergency. Information may also be
collected from property management companies responsible for managing
office buildings, including parking garages, that house FCC facilities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally 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 to authorized
entities, as is determined to be relevant and necessary, outside the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows.
(a) To Federal, State, or local public health agencies to the
extent necessary to comply with laws and regulations governing
reporting of infectious disease;
(b) To the FCC staff member's emergency contact for purposes of
locating a staff member during a public health emergency or to
communicate that the FCC staff member may have potentially been exposed
to an infectious disease as the result of a pandemic or epidemic while
visiting a FCC facility;
(c) To a court or adjudicative body in a proceeding when: (a) The
Commission or any component thereof; or (b) any employee of the
Commission in his or her official capacity; or (c) any employee of the
Commission in his or her individual capacity where the Commission has
agreed to represent the employee; or (d) the United States Government
is a party to litigation or has an interest in such litigation;
(d) To the appropriate Federal, State, or local authorities where
there is an indication of a violation or potential violation of a
statute, regulation, rule, or order either for purposes of obtaining
additional information relevant to a FCC decision or for referring the
record for investigation, enforcement, or prosecution by another
agency;
(e) To a Congressional office when in response to an inquiry by an
individual made to the Congressional office for the individual's own
records;
(f) To provide information to the Department of Justice (DOJ) to
obtain that department's advice regarding disclosure obligations under
the Freedom of Information Act; or to the Office of Management and
Budget (OMB) to obtain that office's advice regarding obligations under
the Privacy Act.
[[Page 32676]]
(g) To appropriate agencies, entities, and persons when (1) the
Commission suspects or has confirmed that there has been a breach of
the system of records, (2) 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 (3) 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; or
(h) To another Federal agency or Federal entity, when the
Commission determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) preventing,
minimizing, or remedying the risk of harm to Individuals, the recipient
agency or entity (including its information systems, programs, and
operations), the Federal Government, or national security, resulting
from a suspected or confirmed breach.
(i) To disclose information to third parties, including
contractors, performing or working on a contract in connection with
providing services for the Federal Government, who may require access
to this system of records.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in this system of records are stored electronically or on
paper in secure facilities. Electronic records are stored on the
Commission's secure network.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information covered by this system of records notice may be
retrieved by the name of the individual.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
FCC will work with the National Archives and Records Administration
(NARA) to draft and secure approval of a records disposition schedule
to cover the records described in this SORN. Until this records
disposition schedule is approved by NARA, FCC will maintain, and not
destroy, these records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Records are protected from unauthorized access and improper use
through administrative, technical, and physical security measures.
Technical security safeguards within FCC include restrictions on
computer access to authorized individuals who have a legitimate need to
know the information; required use of strong passwords that are
frequently changed; multi-factor authentication for remote access and
access to many FCC network components; use of encryption for certain
data types and transfers; firewalls and intrusion detection
applications; and regular review of security procedures and best
practices to enhance security. Physical safeguards include restrictions
on building access to authorized individuals, 24-hour security guard
service, and maintenance of records in lockable offices and filing
cabinets.
RECORD ACCESS PROCEDURES:
Individuals seeking to determine whether this system of records
contains information about themselves or seeking access to records
about themselves in this system of records should follow the
Notification Procedure below.
CONTESTING RECORD PROCEDURES:
Individuals contesting the content of records about themselves
contained in this system of records should follow the Notification
Procedure below.
NOTIFICATION PROCEDURES:
Individuals seeking notification of any records about themselves
contained in this system of records should address inquiries to
Margaret Drake at [email protected] or Federal Communications Commission,
45 L Street NE, Washington, DC 20554. Individuals requesting access
must also comply with the FCC's Privacy Act regulations regarding
verification of identity and access to records (47 CFR part 0, subpart
E).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Issued in Washington, DC, on June 22, 2021, by the Federal
Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-13087 Filed 6-21-21; 8:45 am]
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