[Federal Register: December 13, 2007 (Volume 72, Number 239)]
[Notices]
[Page 70867-70872]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13de07-63]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Privacy Act of 1974; New System of Records
AGENCY: Department of Health and Human Services (HHS), Centers for
Disease Control and Prevention (CDC).
ACTION: Notice of a New System of Records.
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SUMMARY: In accordance with the requirements of the Privacy Act, the
Centers for Disease Control and Prevention (CDC) is proposing to
establish a new system of records (SOR), 09-20-0171, ``Quarantine and
Traveler-Related Activities, Including Records for Contact Tracing
Investigation and Notification Under 42 CFR Parts 70 and 71, HHS/CDC/
CCID.'' The purpose of the system is to maintain records on the conduct
of activities (e.g., quarantine, isolation) that fulfill HHS's and
CDC's statutory authority under sections 311 and 361-368 of the Public
Health Service Act: To prevent the introduction, transmission and
spread of serious communicable diseases from persons arriving into the
United States from foreign countries or engaged in
[[Page 70868]]
interstate or international movement. Identifiable records are
collected when an individual known or suspected to have been exposed to
such communicable diseases arrives in the U.S. from a foreign country
or travels from one state or possession to another state or possession.
These records are used to: (1) Document reports of illness on
airplanes, maritime vessels, and at land-border crossings of persons
that may pose a public health risk and who are arriving from foreign
countries or traveling between states; (2) perform contact tracing
investigations and notifications of passengers and crew when known or
suspected exposures to serious communicable diseases occur on board a
conveyance arriving in the United States from a foreign country or
while traveling from one state or possession to another; (3) inform
state or local public health authorities so that these authorities may
act to protect public health or safety; and (4) take actions (e.g.,
quarantine or isolation) as necessary to prevent the introduction,
transmission, and spread of serious communicable diseases from persons
arriving into the United States from foreign countries or persons
engaged in interstate or international movement. Additional background
information about the new system is included in the SUPPLEMENTARY
INFORMATION section below.
DATES: Effective Date: CDC filed a new SOR report with the Chair of the
House Committee on Government Reform and Oversight, the Chair of the
Senate Committee on Homeland Security and Governmental Affairs, and the
Administrator, Office of Information and Regulatory Affairs, Office of
Management and Budget (OMB) on December 7, 2007. CDC invites interested
parties to submit comments on the proposed routine uses. To ensure that
all parties have adequate time in which to comment, the new system will
be effective 30 days from the publication of this notice, or 40 days
from the date it was submitted to OMB and the Congress, whichever is
later, unless CDC receives comments that persuade CDC to defer
implementation.
ADDRESSES: Address comments to HHS Privacy Act Officer, Room 5416, Mary
E. Switzer Building, Department of Health and Human Services, 330 ``C''
Street, SW., Washington, DC 20201, or via electronic mail to
MAGGIE.BLACKWELL@hhs.gov. Comments will be available for public viewing
in the public reading room located at the same address, or on the HHS
Web site at http://www.hhs.gov. To review comments in person, please
call the Division of Freedom of Information and Privacy at 202-690-7453
for an appointment.
FOR FURTHER INFORMATION CONTACT: Maggie Blackwell, HHS Privacy Act
Officer, Department of Health and Human Services, Room 5416, Mary E.
Switzer Building, 330 ``C'' Street, SW., Washington, DC 20201, (202)
690-7453.
SUPPLEMENTARY INFORMATION: CDC proposes to establish a new system of
records: 09-20-0171, ``Quarantine and Traveler-Related Activities,
Including Records for Contact Tracing Investigation and Notification
under 42 CFR Parts 70 and 71, HHS/CDC/CCID.'' The CDC Division of
Global Migration and Quarantine (DGMQ), the agency component
responsible for quarantine- and isolation-related activities, is
located within the National Center for Preparedness, Detection and
Control of Infectious Diseases, the Coordinating Center for Infectious
Diseases (CCID). In addition to the contact tracing investigations and
notification of travelers who may have been exposed to a communicable
disease, this record system supports the mission of DGMQ in meeting
public health, scientific, and regulatory responsibilities.
The overall DGMQ mission is to decrease morbidity and mortality
from infectious diseases among mobile populations (immigrants,
refugees, migrant workers, international travelers, etc.) crossing
international borders to come into the United States, and to decrease
the risk of importation and spread of infectious diseases via humans,
animals, and cargo. This new Privacy Act system of records is focused
on decreasing the spread of infectious diseases via humans. These
records concern activities (e.g., quarantine, isolation) fulfilling
HHS's statutory authority under Sections 311 and 361-368 of the Public
Health Service Act to prevent the spread of serious communicable
diseases among persons arriving from foreign countries into the United
States or engaged in interstate or international movement.
A related purpose is to collect individually identified records so
that contact tracing investigations and notifications of passengers and
crew can be made when known or suspected exposures to serious
communicable diseases occur on board a conveyance arriving in the
United States from a foreign country or while traveling from one state
or possession to another state or possession.
I. Description of the Proposed System of Records
Statutory and Regulatory Basis for SOR. Sections 311 and 361-368 of
the Public Health Service Act provides authorities related to
preventing the introduction, transmission, and spread of serious
communicable diseases from foreign countries into the United States or
from one state or possession into another. These sections of the Act
delineate the various quarantine- and isolation-related activities that
CDC may be required to conduct.
Individually identified records must be maintained for CDC to
effectively conduct many of its major quarantine- and isolation-related
activities, including screening arriving international or interstate
travelers for symptoms of illness that may pose a public health risk;
informing state or local health authorities so that these authorities
may act to protect public health or safety; and other activities
required to fulfill CDC's regulatory responsibility in this area.
Examples of other CDC quarantine- and isolation-related activities
that require the maintenance of individually identified records
include, but are not limited to, the following:
Responding to reports of illnesses on airplanes, maritime
vessels, and at land-border crossings of persons that may pose a public
health risk and who are arriving from foreign countries or traveling
between states;
Taking quarantine-related actions (e.g., quarantine,
isolation) as necessary to prevent the spread of serious communicable
diseases from persons arriving from foreign countries into the United
States or engaged in interstate or international movement.
Collection and Maintenance of Data in the System. CDC will collect
only the minimum amount of personal data necessary to achieve the
purpose of this system, which is to maintain records on the conduct of
quarantine-related activities that fulfill HHS's and CDC's statutory
authority under Sections 311 and 361-368 of the Public Health Service
Act: To prevent the introduction, transmission and spread of serious
communicable diseases from persons who arrive into the United States
from foreign countries or are engaged in interstate or international
movement. To effectively do contact tracing investigations and
notifications of passengers and crew when known or suspected exposures
of serious communicable diseases occur on board of conveyance,
individually identified data, such as name of traveler, country of
residence, address and phone at
[[Page 70869]]
which they can be contacted, travel documents (e.g., passport), and
seat number must be obtained. CDC collects only the minimal amount of
information needed to perform contact tracing and other follow-up
activities.
II. Agency Policies, Procedures, and Restrictions on the Routine Use
The Privacy Act permits CDC to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected. Any such compatible disclosure of data is known as a
``routine use.'' The government will only release quarantine- and
traveler-related information that can be associated with an individual
as provided for under ``Section III. Proposed Routine Use Disclosures
of Data in the System,'' collecting only the minimum personal data
necessary to achieve the purpose of this system.
CDC has the following policies and procedures concerning
disclosures of information that will be maintained in the system.
Disclosure of information from the SOR will be approved only to the
extent necessary to accomplish the purpose of the disclosure and only
after CDC:
A. Determines that:
1. The use or disclosure is consistent with the reason that the
data are being collected, e.g., to maintain records on the conduct of
quarantine- and traveler-related activities that fulfill HHS's and
CDC's statutory authority to prevent the introduction, transmission and
spread of communicable diseases.
2. The purpose for which the disclosure is to be made can only be
accomplished if the record is provided in individually identifiable
form;
3. The purpose for which the disclosure is to be made is of
sufficient importance to warrant the effect on and/or risk to the
privacy of the individual that additional exposure of the record might
bring;
4. There is a strong probability that the proposed use of the data
would in fact accomplish the stated purpose(s); and
5. The data are valid and reliable.
B. Requires the information recipient to:
1. Establish administrative, technical, and physical safeguards to
prevent unauthorized use of disclosure of the record;
2. Remove or destroy at the earliest time all identifiable
information; and
3. Agree not to use or disclose the information for any purpose
other than the stated purpose under which the information was
disclosed.
III. Proposed Routine Use Disclosures of Data in the System
The Privacy Act permits CDC to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected and CDC complies with administrative requirements including
publishing a notice in the Federal Register and allowing 30 days for
public comment regarding any such new ``routine use.'' The proposed
routine uses in this system meet the compatibility requirement of the
Privacy Act. CDC is proposing to establish the following routine use
disclosures of information maintained in the system:
A. Records may be disclosed to contractors who will perform many of
the same duties as Full Time Equivalents (FTEs) within DGMQ in
situations where additional staff are required. Contractors are
required to maintain Privacy Act safeguards with respect to such
records. These functions may include collating, analyzing, aggregating,
or otherwise refining records. DGMQ contracts out certain functions
when doing so would contribute to efficient and effective operations of
the agency. DGMQ must be able to give a contractor the information
necessary for the contractor to fulfill their duties. Safeguards are
provided in the contract prohibiting the contractor from using or
disclosing the information for any purpose other than that described in
the Statement of Work and requires the contractor to return or destroy
all information at the contract's completion.
B. Records may be disclosed to state and local health departments
and cooperating public health or medical authorities and their counsel
to more effectively deal with outbreaks and conditions of public health
significance. CDC works closely with state and local health partners to
investigate possible outbreaks or other conditions of public health
significance. CDC's ability to share information could prove beneficial
to the health department's investigation.
C. Personal information from this system may be disclosed as a
routine use to appropriate conveyance personnel, Federal agencies,
state and local health departments, Department of State and embassy
personnel (U.S. and foreign), and health authorities in foreign
countries. These agencies and departments (U.S. and foreign) need the
information to perform contact tracing investigations and to notify
individuals exposed to an ill traveler that they were possibly exposed
to a disease or condition of public health significance. This is
compatible with the overall purpose of the system--to prevent the
spread of communicable diseases.
D. Records may be disclosed to the Department of Homeland Security
(DHS) to enable DHS to restrict the travel of persons who pose a public
health risk and to aid in its investigations of domestic or
international terrorism. This routine use helps prevent the
introduction, transmission, and spread of communicable disease,
particularly where terrorism is involved.
E. Identifiable information may need to be shared with medical
personnel to evaluate or care for ill or exposed persons, including
travelers, with the ultimate goal of protecting the public's health and
safety.
F. Records may also be shared with the World Health Organization in
accordance with U.S. responsibilities to ensure that CDC is in
compliance with its obligations under the International Health
Regulations and other international agreements--a use in line with
CDC's statutory authority with regard to quarantine- and isolation-
related activities.
G. Also in line with the overriding purpose of protecting public
health and safety by preventing the introduction, transmission, or
spread of communicable diseases, personal information may be disclosed
to federal, state, and local authorities to enable them to take actions
needed to place someone under quarantine or isolation, or to enforce
quarantine regulations. This is again in line with CDC's statutory
authority to take quarantine and isolation related actions to restrict
movement if someone poses a significant health risk to others.
H. Identifiable information may be disclosed to cooperating state
and local legal departments enforcing concurrent legal authority
relevant to quarantine- and isolation-related activities. This is in
accord with the federal government's statutory authority to cooperate
with and aid state and local authorities in the enforcement of their
quarantine and other health regulations.
I. Identifiable records may be referred to the appropriate agency,
whether federal, foreign, state or local charged with the
responsibility of investigating or prosecuting such violation or
charged with enforcing or implementing the statute, or rule, regulation
or order issued pursuant thereto when records collected within this SOR
for quarantine activities indicate a violation or
[[Page 70870]]
potential violation of law, whether civil, criminal or regulatory in
nature, and whether arising by general statute or particular program
statute, or by regulation, rule or order issued pursuant thereto. This
routine use is compatible in that this disclosure is being done to
allow for effective enforcement of quarantine- and isolation-related
requirements at various levels of government.
J. Disclosure may be made to a congressional office from the record
of an individual in response to a verified inquiry from the
congressional office made at the written request of that individual.
When a constituent requests a congressional office to facilitate
obtaining information from this CDC system, it is compatible to provide
such information, since this is in line with the overall purpose of the
Privacy Act, which is to provide access to the subject individual of
the records the government has on him or her.
K. In the event of litigation in which the defendant is: (a) the
Department, any component of the Department, or any employee of the
Department in his or her official capacity; (b) the United States,
where the Department determines that the claim, if successful, is
likely to directly affect the operations of the Department or any of
its components; or (c) any Department employee in his or her individual
capacity, when the Justice Department has agreed to represent such
employee, disclosure may be made to the Department of Justice to enable
that Department to present an effective defense, provided that such
disclosure is compatible with the purpose for which the records were
collected.
Whenever CDC is involved in litigation dealing with quarantine- or
isolation-related activities and CDC policies or operations could be
affected by the outcome of the litigation, CDC must be able to disclose
identifiable information to the Department of Justice so that an
effective defense can be presented.
IV. Safeguards
The CDC/DGMQ has safeguards in place for authorized users and
monitors such users to ensure against unauthorized use. Access to
quarantine records is restricted to protect the privacy of the
individuals involved, and personnel with such access have been trained
in Privacy Act and information security requirements. CDC/DGMQ
maintains very stringent administrative, procedural and technical
safeguards for the entire system of records.
Access will be limited to authorized CDC/DGMQ FTEs and contractor
staff who have a bona fide need for the identifiable information to
perform official job-related duties. DGMQ staff are required to have
supervisory approval to access identifiable data and receive ongoing
training in how to protect sensitive data. A database security package
on computers controls unauthorized access to the systems. Data
administrators continually review the database to ensure privacy
provisions are in place and only appropriate personnel have access to
the data. Attempts by unauthorized individuals are automatically
recorded and reviewed regularly.
Employees maintaining records are instructed not to release data
until the intended recipient agrees to implement appropriate
management, operational and technical safeguards sufficient to protect
the confidentiality, integrity and availability of the information and
information systems and to prevent unauthorized access.
This system will conform to all applicable Federal laws and
regulations and Federal and HHS policies and standards as they relate
to information security and data privacy. These laws and regulations
may apply but are not limited to: the Privacy Act of 1974; the Federal
Information Security Management Act of 2002; the Computer Fraud and
Abuse Act of 1986; the E-Government Act of 2002; the Clinger-Cohen Act
of 1996, and the corresponding implementing regulations. OMB Circular
A-130, Management of Federal Resources, Appendix III, Security of
Federal Automated Information Resources also applies. Federal, HHS and
CDC policies and standards include but are not limited to: all
pertinent National Institute of Standards and Technology publications
and the HHS Information Systems Program Handbook.
V. Effects of the Proposed System of Records on Individual Rights
CDC proposes to establish this system in accordance with the
principles and requirements of the Privacy Act and will collect, use,
and disseminate information only as prescribed therein. Data in this
system will be subject to the authorized releases in accordance with
the routine uses identified in this system of records.
CDC will take precautionary measures to minimize the risks of
unauthorized access to the records and the potential harm to individual
privacy or other personal or property rights of individuals whose data
are maintained in the system. CDC will collect only that information
necessary to perform the system's purpose. In addition, CDC will make
disclosures from the system only with consent of the subject
individual, or his/her legal representative, or in accordance with an
applicable exception provision of the Privacy Act. CDC, therefore, does
not anticipate an unfavorable effect on individual privacy as a result
of information relating to individuals.
Dated: December 6, 2007.
James D. Seligman,
Chief Information Officer, Office of the Director, Centers for Disease
Control and Prevention.
Privacy Act System of Records Notice; No. 09-20-0171
SYSTEM NAME:
Quarantine- and Traveler-Related Activities, Including Records for
Contact Tracing Investigation and Notification under 42 CFR Parts 70
and 71, HHS/CDC/CCID.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Division of Global Migration and Quarantine, National Center for
the Preparedness, Detection, and Control of Infectious Disease
(NCPDCID), Coordinating Center for Infectious Diseases (CCID), Centers
for Disease Control and Prevention, 1600 Clifton Road, NE., Building
16; MS E03, Atlanta, GA 30333.
Records may occasionally be stored at Quarantine Stations located
at key ports of entry and at contractor sites.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals subject to quarantine or isolation orders, ill
travelers (i.e., passengers and crew), contacts of ill travelers, and/
or individuals exposed or suspected of being exposed to serious
communicable diseases.
CATEGORIES OF RECORDS IN THE SYSTEM:
Passenger and crew manifests from conveyances carrying individuals
subject to 42 CFR parts 70 and 71, case reports, illness response
forms, medical assessments, medical records (including but not limited
to clinical, hospital and laboratory data and data from other relevant
tests), name, address, date of birth, and related information and
documents collected for the purpose of carrying out agency
responsibilities under sections 311 and 361-368 of the Public Health
Services Act.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 311, 361-368 of the Public Health Service Act.
[[Page 70871]]
PURPOSE(S):
This system maintains records on the conduct of activities (e.g.,
quarantine, isolation) that fulfill HHS's and CDC's statutory authority
under sections 311, 361-368 of the Public Health Service Act to prevent
the introduction, transmission and spread of communicable diseases.
Records are collected when individual known or suspected to have
been exposed to serious communicable diseases arrives into the United
States from foreign countries or is engaged in interstate or
international movement These records are used to (1) document reports
of illness that may pose a public health risk occurring while on board
airplanes, maritime vessels, and at land-border crossings of persons
arriving from foreign countries or traveling between states; (2)
perform contact tracing investigations and notifications of passengers
and crew when known or suspected exposures to serious communicable
diseases occur on board a conveyance arriving in the United States from
a foreign country or traveling from one state or possession to another;
(3) inform international, federal, state or local public health
authorities so that these authorities may act to protect public health
or safety; and (4) take such actions (e.g., quarantine or isolation) as
necessary to prevent the introduction, transmission, and spread of
serious communicable diseases from persons arriving into the United
States from foreign countries or persons engaged in interstate or
international movement.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(1) Records may be disclosed to contractors to handle program work
duties, performing many of the same functions as FTEs within DGMQ in
situations where additional staff is required. Contractors are required
to maintain Privacy Act safeguards with respect to such records.
(2) Records may be disclosed to state and local health departments
and other cooperating medical and public health authorities and their
counsel to more effectively deal with outbreaks and other significant
public health conditions.
(3) Personal information from this system may be disclosed as a
routine use to appropriate conveyance personnel, Federal agencies,
state and local health departments, Department of State and embassy
personnel (U.S. and foreign), and health authorities in foreign
countries for contact tracing investigations and notifications of
possible exposures to serious communicable diseases in connection with
travel.
(4) Records may be disclosed to the Department of Homeland Security
to restrict travel of persons who pose a public health risk and in the
instance of suspected domestic or international terrorism.
(5) Disclosure may be made to medical personnel providing
evaluation and care for ill or exposed persons, including travelers.
(6) Records may be disclosed to the World Health Organization in
accordance with U.S. responsibilities as a signatory to the
International Health Regulations or other international agreements.
(7) Personal information may be disclosed to federal, state, and
local authorities for taking necessary actions to place someone under
quarantine or isolation, for enforcement of other quarantine
regulations, or to protect the public's health and safety.
(8) Records may be disclosed to cooperating state and local legal
departments enforcing concurrent legal authority related to quarantine
or isolation activities.
(9) In the event that a system of records maintained by this agency
to carry out its functions indicates a violation or potential violation
of law, whether civil, criminal or regulatory in nature, and whether
arising by general statute or particular program statute, or by
regulation, rule or order issued pursuant thereto, the relevant records
in the system of records may be referred, as a routine use, to the
appropriate agency, whether federal, foreign, state or local, charged
with the responsibility of investigating or prosecuting such violation
or charged with enforcing or implementing the statute, or rule,
regulation or order issued pursuant thereto.
(10) Disclosure may be made to a congressional office from the
record of an individual in response to a verified inquiry from the
congressional office made at the written request of that individual
(11) In the event of litigation where the defendant is: (a) The
Department, any component of the Department, or any employee of the
Department in his or her official capacity; (b) the United States where
the Department determines that the claim, if successful, is likely to
directly affect the operations of the Department or any of its
components; or (c) any Department employee in his or her individual
capacity where the Justice Department has agreed to represent such
employee, disclosure may be made to the Department of Justice to enable
that Department to present an effective defense.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Electronic media and file folders for hard-copy records.
RETRIEVABILITY:
By name of individual or other identifying particulars.
SAFEGUARDS:
1. Authorized Users: A database security package is implemented on
CDC's computer systems to control unauthorized access to the system.
Attempts to gain access by unauthorized individuals are automatically
recorded and reviewed on a regular basis. Access is granted to only a
limited number of physicians, scientists, statisticians, and designated
support staff of the Centers for Disease Control and Prevention (CDC),
or its contractors, as authorized by the system manager to accomplish
the stated purposes for which the data in this system have been
collected.
2. Physical Safeguards: Access to the CDC Clifton Road facility
where the mainframe computer is located is controlled by a cardkey
system. Access to the computer room is controlled by a cardkey and
security code (numeric keypad) system. Access to the data entry area is
also controlled by a cardkey system. Guard service in buildings
provides personnel screening of visitors. The local fire department is
located directly next door to the Clifton Road facility. The computer
room is protected by an automatic sprinkler system, numerous automatic
sensors (e.g., water, heat, smoke, etc.) are installed, and a proper
mix of portable fire extinguishers is located throughout the computer
room. Computer files are backed up on a routine basis. Hard-copy
records are stored in locked cabinets at CDC headquarters and CDC
Quarantine stations which are located in a secure area of the airport.
3. Procedural Safeguards: Protection for computerized records, both
on the mainframe and the National Center Local Area Network (LAN),
includes programmed verification of valid user identification code and
password prior to logging on to the system, mandatory password changes,
limited log-ins, virus protection, and user rights/file attribute
restrictions. Password protection imposes user name and password log-in
requirements to prevent unauthorized access. Each user name is assigned
limited access rights to files and directories at varying levels to
control
[[Page 70872]]
file sharing. There are routine daily back-up procedures, and secure
off-site storage is available. To avoid inadvertent data disclosure,
measures are taken to ensure that all data are removed from electronic
media containing Privacy Act information. Additional safeguards may be
built into the program by the system analyst, as warranted by the
sensitivity of the data.
CDC and contractor employees who maintain records are instructed to
check with the system manager prior to making disclosures of data. When
individually identified data are being used in a room, admittance at
either CDC or contractor sites is restricted to specifically authorized
personnel. Privacy Act provisions are included in contracts, and the
CDC Project Director, contract officers and project officers oversee
compliance with these requirements. Upon completion of the contract,
all data will be either returned to CDC or destroyed, as specified by
the contract.
Implementation Guidelines: The safeguards outlined above are in
accordance with the HHS Information Security Program Policy and FIPS
Pub 200, ``Minimum Security Requirements for Federal Information and
Information Systems.'' Data maintained on CDC's Mainframe and the
National Centers' LANs are in compliance with OMB Circular A-130,
Appendix III. Security is provided for information collection,
processing, transmission, storage, and dissemination in general support
systems and major applications.
Retention and disposal:
Contact tracing records will be maintained in the agency until the
contact investigation is complete or no longer than twelve months, in
accordance with proposed retention schedules; remaining quarantine
records would be maintained 10 or 20 years, based on the applicable CDC
records control schedule. Disposal methods include wiping electronic
media and macerating paper materials.
System manager(s) and address:
Director, NCPDCID, Coordinating Center for Infectious Diseases,
Bldg. 1, Rm. 6013, MS C12, Centers for Disease Control and Prevention,
1600 Clifton Road, NE., Atlanta, GA 30333.
Notification procedure:
An individual may learn if a record exists about himself or herself
by contacting the system manager at the address listed above.
Requesters in person must provide driver's license or other positive
identification. Individuals who do not appear in person must either:
(1) Submit a notarized request to verify their identity; or (2) certify
that they are the individuals they claim to be and that they understand
that the knowing and willful request for or acquisition of a record
pertaining to an individual under false pretenses is a criminal offense
under the Privacy Act subject to a $5,000 fine.
An individual who requests notification of or access to medical
records shall, at the time the request is made, designate in writing a
responsible representative who is willing to review the record and
inform the subject individual of its contents at the representative's
discretion. A parent or guardian who requests notification of, or
access to, a child's medical record shall designate a family physician
or other health professional (other than a family member) to whom the
record, if any, will be sent. The parent or guardian must verify
relationship to the child by means of a birth certificate or court
order, as well as verify that he or she is who he or she claims to be.
Record access procedures:
Same as notification procedures. Requesters should also reasonably
specify the record contents being sought. An accounting of disclosures
that have been made of the record, if any, may be requested.
Contesting record procedures:
Contact the official at the address specified under System Manager
above, reasonably identify the record and specify the information being
contested, the corrective action sought, and the reasons for requesting
the correction, along with supporting information to show how the
record is inaccurate, incomplete, untimely, or irrelevant.
Record source categories:
Individuals, private physicians, state and local health
departments, other health-care providers, conveyance personnel,
cooperating public health agencies, foreign governments including
ministries of health, and other federal agencies.
Systems exempted from certain provisions of the act:
None.
[FR Doc. E7-24142 Filed 12-12-07; 8:45 am]
BILLING CODE 4163-18-P