[Federal Register Volume 73, Number 81 (Friday, April 25, 2008)]
[Notices]
[Pages 22383-22385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-8891]
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GENERAL SERVICES ADMINISTRATION
Privacy Act of 1974; Notice of Updated Systems of Records
AGENCY: General Services Administration.
ACTION: Notice.
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SUMMARY: The General Services Administration (GSA) reviewed its Privacy
Act systems to ensure that they are relevant, necessary, accurate, up-
to-date, covered by the appropriate legal or regulatory authority, and
in response to OMB M-07-16. This notice is a compilation of updated
Privacy Act system of record notices.
DATES: Effective May 27, 2008.
FOR FURTHER INFORMATION CONTACT: Call or e-mail the GSA Privacy Act
Officer: Telephone 202-208-1317; e-mail [email protected].
ADDRESSES: GSA Privacy Act Officer (CIB), General Services
Administration, 1800 F Street, NW., Washington, DC 20405.
SUPPLEMENTARY INFORMATION: GSA undertook and completed an agency-wide
review of its Privacy Act systems of records. As a result of the review
GSA is publishing updated Privacy Act systems of records notices.
Rather than make numerous piecemeal revisions, GSA is republishing
updated notices for one of its systems. Nothing in the revised system
notices indicates a change in authorities or practices regarding the
collection and maintenance of information. Nor do the changes impact
individuals' rights to access or amend their records in the systems of
records. The updated system notices also includes the new requirement
from OMB Memorandum M-07-16 regarding a new routine use that allows
agencies to disclose information in connection with a response and
remedial efforts in the event of a data breach.
Dated: April 16, 2008.
Cheryl M. Paige,
Director, Office of Information Management.
GSA/ADM-25
SYSTEM NAME:
Internal Evaluation Case Files.
SYSTEM LOCATION:
This system is located in the GSA Office of Inspector General, 1800
F Street, NW., Washington, DC 20405. The database for this system is on
a local area network in the GS Building and is operated by the System
Development and Support Division of the Office of Inspector General.
SYSTEM LOCATION:
Individuals covered by the system are employees and former
employees of the GSA Office of Inspector General. The system also
includes any person who was the source of a complaint or allegation; a
witness who has information or evidence on any aspect of an
investigation; and any possible or actual suspect in a civil, criminal,
or administrative action.
CATEGORIES OF RECORDS IN THE SYSTEM:
Investigative files containing information such as name, date and
place of birth, experience, and investigative material that is used as
a basis for taking civil, criminal, and administrative actions.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. App. 3., Section 2 et seq.
PURPOSE:
The system serves as a basis for issuing subpoenas and taking
civil, criminal, and administrative actions.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records are used by GSA officials and representatives of other
Government agencies on a need-to-know basis in the performance of their
official duties under the authorities set forth above and for the
following routine uses.
a. A record of any case in which there is an indication of a
violation of law, whether civil, criminal, or regulatory in nature, may
be disseminated to the appropriate Federal, State, local, or foreign
agency charged with the responsibility for investigating or prosecuting
such a violation or charged with enforcing or implementing the law.
b. A record may be disclosed to a Federal, State, local, or foreign
agency or to an individual organization in the course of investigating
a potential or actual violation of any law, whether civil, criminal, or
regulatory in nature,
[[Page 22384]]
or during the course of a trial or hearing or the preparing for a trial
or hearing for such a violation, if there is reason to believe that
such agency, individual, or organization possesses information relating
to the investigation, and disclosing the information is reasonably
necessary to elicit such information or to obtain the cooperation of a
witness or an informant.
c. A record relating to a case or matter may be disclosed in an
appropriate Federal, State, local, or foreign court or grand jury
proceeding in accordance with established constitutional, substantive,
or procedural law or practice, even when the agency is not a party to
the litigation.
d. A record relating to a case or matter may be disclosed to an
actual or potential party or to his or her attorney for the purpose of
negotiation or discussion on matters such as settlement of the case or
matter, plea-bargaining, or informal discovery proceedings.
e. A record relating to a case or matter that has been referred by
an agency for investigation, prosecution, or enforcement or that
involves a case or matter within the jurisdiction of any agency may be
disclosed to the agency to notify it of the status of the case or
matter or of any decision or determination that has been made or to
make such other inquiries and reports as are necessary during the
processing of the case or matter.
f. A record relating to a case or matter may be disclosed to a
foreign country pursuant to an international treaty or convention
entered into and ratified by the United States, or to an Executive
agreement.
g. A record may be disclosed to a Federal, State, local, foreign,
or international law enforcement agency to assist in crime prevention
and detection or to provide leads for investigation.
h. A record may be disclosed to a Federal, State, local, foreign,
tribal or other public authority in response to its request in
connection with the hiring or retention of an employee, the issuance of
a security clearance, the reporting of an investigation of an employee,
the letting of a contract, or the issuing of a license, grant, or other
benefit by the requesting agency, to the extent that the information
relates to the requesting agency's decision on the matter.
i. A record may be disclosed to the public, news media, trade
associations, or organized groups when the purpose is educational or
informational, such as describing crime trends or distinctive or unique
modus operandi, provided that the record does not identify a specific
individual.
j. A record may be disclosed to an appeal or grievance examiner,
formal complaints examiner, equal opportunity investigator, arbitrator,
or other authorized official engaged in investigation or settlement of
a grievance, complaint, or appeal filed by an employee. This includes
matters and investigations involving the Merit Systems Protection Board
or the Office of Special Counsel. A record also may be disclosed to the
United States Office of Personnel Management (OPM) in accordance with
the agency's responsibility for evaluating Federal personnel
management.
k. A record may be disclosed as a routine use to a Member of
Congress or to a congressional staff member in response to an inquiry
of the congressional office made at the request of the person who is
the subject of the record.
l. Information may be disclosed at any stage of the legislative
coordination and clearance process to the Office of Management and
Budget (OMB) for reviewing private relief legislation as set forth in
OMB Circular No. A-19. A record may be disclosed:
(a) To an expert, a consultant, or contractor of GSA engaged in a
duty related to an agency function to the extent necessary to perform
the function; and
(b) To a physician to conduct a fitness-for-duty examination of a
GSA officer or employee.
m. A record may be disclosed to any official charged with the
responsibility to conduct qualitative assessment reviews of internal
safeguards and management procedures employed in investigative
operations. This disclosure category includes members of the
President's Council on Integrity and Efficiency and officials and
administrative staff within their investigative chain of command, as
well as authorized officials of the Department of Justice and the
Federal Bureau of Investigation.
n. To appropriate agencies, entities, and persons when (1) the
Agency suspects or has confirmed that the security or confidentiality
of information in the system of records has been compromised; (2) the
Agency has determined that as a result of the suspected or confirmed
compromise there is a risk of harm to economic or property interests,
identity theft or fraud, or harm to the security or integrity of this
system or other systems or programs (whether maintained by GSA or
another agency or entity) that rely upon the compromised information;
and (3) the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with GSA's efforts to
respond to the suspected or confirmed compromise and prevent, minimize,
or remedy such harm.
o. To the National Archives and Records Administration (NARA) for
records management purposes.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, REVIEWING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper records are kept in files and file folders. Electronic
records are stored on hard drive or CD-ROM.
RETRIEVABILITY:
Both paper records and electronic records are retrievable by name
or assignment number.
SAFEGUARDS:
Paper records are stored in locked rooms with access limited to
authorized personnel. Computer based records are available only to
authorized users with a need to know and are protected by a network
logon password, user password, and restricted right of access to the
software, system, file, data element, and report.
RETENTION AND DISPOSAL:
Records are disposed of by shredding or burning, as scheduled in
GSA Handbook, GSA Maintenance and Disposition System (OAD P 1820.2A).
SYSTEM MANAGER(S) AND ADDRESS:
Internal Evaluation Staff (JE) of the Office of Inspector General,
General Services Administration, 1800 F Street, NW., Washington, DC
20405.
NOTIFICATION PROCEDURES:
An individual who wishes to be notified whether the system contains
a record concerning him or her should address a request to the Office
of Counsel to Inspector General (JC), General Services Administration,
Room 5324, 1800 F Street, NW., Washington, DC 20405.
RECORDS ACCESS PROCEDURES:
An individual seeking access to a record should put his or her
request in writing and address it to the Office of Counsel to the
Inspector General (JC), including full name (maiden name if
appropriate), address, and date and place of birth. General inquiries
may be made by telephone: (202) 501-1932.
CONTESTING RECORD PROCEDURES:
GSA rules for contesting the content of a record or appealing a
denial of a request to amend a record are in 41 CFR Part 105-64.
[[Page 22385]]
RECORD SOURCE CATEGORIES:
The sources are individuals themselves, employees, informants, law
enforcement agencies, other Government agencies, employers, references,
co-workers, neighbors, educational institutions, and intelligence
sources.
SYSTEMS EXEMPTED FROM CERTAIN PROVISION OF THE ACT:
In accordance with 5 U.S.C. 552a(j), this system of records is
exempt from all provisions of the Privacy Act of 1974 with the
exception of subsections (b); (c)(1) and (2); (e)(4)(A) through (F);
(e)(6), (7), (9), (10), and (11); and (i) of the Act, to the extent
that information in the system pertains to the enforcement of criminal
laws, including police efforts to prevent, control, or reduce crime or
to apprehend criminals; to the activities of prosecutors, courts, and
correctional, probation, pardon, or parole authorities; and to (1)
information compiled for the purpose of identifying individual criminal
offenders and alleged offenders and consisting only of identifying data
and notations of arrests, the nature and disposition of criminal
charges, sentencing, confinement, release, and parole and probation
status; (2) information compiled for the purpose of a criminal
investigation, including reports of informants and investigators, that
is associated with an identifiable individual; or (3) reports of
enforcement of the criminal laws, from arrest or indictment through
release from supervision. This system is exempted to maintain the
efficacy and integrity of the Office of Inspector General's law
enforcement function.
In accordance with 5 U.S.C. 552a(k), this system of records is
exempt from subsections (c)(3); (d); (e)(1); (e)(4) (G), (H), and (I);
and (f) of the Privacy Act of 1974. The system is exempt:
a. To the extent that the system consists of investigatory material
compiled for law enforcement purposes. However, if any individual is
denied any right, privilege, or benefit for which the individual would
otherwise be eligible as a result of the maintenance of such material,
such material shall be provided to such individual, except to the
extent that the disclosure of such material would reveal the identity
of a source who furnished information to the Government under an
express promise that the identity of the source would be held in
confidence, or, prior to the effective date of the Act, under an
implied promise that the identity of the source would be held in
confidence; and
b. To the extent the system consists 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 the disclosure of such
material would reveal the identity of a source who furnished
information to the Government under an express promise that the
identity of the source would be held in confidence, or, prior to the
effective date of the Act, under an implied promise that the identity
of the source would be held in confidence.
This system has been exempted to maintain the efficacy and
integrity of lawful investigations conducted pursuant to the Office of
Inspector General's law enforcement responsibilities and
responsibilities in the areas of Federal employment, Government
contracts, and access to security classified information.
[FR Doc. E8-8891 Filed 4-24-08; 8:45 am]
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