[Federal Register Volume 75, Number 148 (Tuesday, August 3, 2010)]
[Notices]
[Pages 45674-45675]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-19130]
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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION
Privacy Act of 1974, as Amended; System of Records Notices
AGENCY: National Archives and Records Administration [NARA].
ACTION: Notice of the establishment of new privacy system of record,
NARA 40.
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SUMMARY: The National Archives and Records Administration (NARA)
proposes to add a system of records to its existing inventory of
systems subject to the Privacy Act of 1974, as amended (5 U.S.C.
552(a)) (``Privacy Act''). In this notice, NARA publishes NARA 40, the
Office of Government Information Services (OGIS) Case Files.
DATES: This new system of records, NARA 40, will become effective
September 2, 2010 without further notice unless comments are received
that result in further revision. NARA will publish a new notice if the
effective date is delayed to review comments or if changes are made
based on comments received. To be assured of consideration, comments
should be received on or before the date above.
ADDRESSES: You may submit comments, identified by SORN number NARA 40,
by one of the following methods:
Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Fax: 301-837-0293.
Mail: Privacy Act Officer, Office of General Counsel
(NGC), Room 3110, National Archives and Records Administration, 8601
Adelphi Road, College Park, MD 20740-6001.
FOR FURTHER INFORMATION CONTACT: Jay Olin, Deputy FOIA Officer, Office
of General Counsel (NGC), Room 3110, National Archives and Records
Administration, 8601 Adelphi Road, College Park, MD 20740-6001.
Telephone: (301) 837-2025. Fax: 301-837-0293.
SUPPLEMENTARY INFORMATION: The OPEN Government Act of 2007 amended the
Freedom of Information Act (5 U.S.C. Section 552) to create an Office
of Government Information Services (OGIS) within the National Archives
and Records Administration (NARA). OGIS's mission is to review policies
and procedures of administrative agencies under the Freedom of
Information Act (FOIA) and their compliance with FOIA by agencies;
offer mediation services to resolve disputes between persons making
FOIA requests and agencies (nonexclusive alternative to litigation);
and serve as ombudsman, i.e. solicit and receive comments and questions
from Federal agencies and the public regarding the administration of
FOIA to improve FOIA processes and facilitate communication between
agencies and FOIA requesters.
The notice for this system of records states the name and the
location of the record system, the authority for and manner of its
operation, the categories of individuals that it covers, the types of
records that it contains, the sources of information in the records,
and the proposed ``routine uses'' of the system of records. The notice
also includes the business address of the NARA official who will inform
interested persons of the procedures whereby they may gain access to,
and correct, records pertaining to themselves.
One of the purposes of the Privacy Act, as stated in section
2(b)(4) of the Act, is to provide certain safeguards for an individual
against an invasion of personal privacy by requiring Federal agencies
to disseminate any record of identifiable personal information in a
manner that assures that such action is for a necessary and lawful
purpose, that the information is current and accurate for its intended
use, and the adequate safeguards are provided to prevent misuse of such
information. NARA intends to follow these principles in transferring
information to another agency or individual as a ``routine use,''
including assurance that the information is relevant for the purposes
for which it is transferred.
Dated: July 28, 2010.
David S. Ferriero,
Archivist of the United States.
NARA Privacy Act Systems: NARA 40
SYSTEM NAME:
The Office of Government Information Services (OGIS) Case Files.
SYSTEM LOCATION:
The OGIS case files are maintained in the National Archives and
Records Administration, Office of Government Information Services, Room
2510, 8601 Adelphi Road, College Park, MD 20740.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include persons who request OGIS
assistance in connection with the filing of a Freedom of Information
(FOIA) and/or Privacy Act request or appeal to any Federal department
or agency.
CATEGORIES OF RECORDS IN THE SYSTEM:
The OGIS case files include: correspondence, case notes, FOIA and
Privacy Act request letters, appeal letters, agency replies to original
requests and appeals, supporting documents, research, and other
administrative forms used in the process. These files may also contain
information or determinations furnished by, and correspondence with,
other Federal agencies. OGIS case files may contain some or all of the
following information about an individual: name, address, telephone
number, e-mail address, Federal inmate register number, research
interests, other information provided by the requester and by other
agencies, and copies of documents furnished to the requester.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552a(a)(3), as amended.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
OGIS maintains case files on individuals to record: requests for
assistance, actions taken on cases; and,
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the status of cases in logs and databases. In addition, OGIS also
serves as the FOIA Ombudsman in connection with its mission to review
agency compliance with the FOIA. In this role, OGIS will capture and
address systematic problems in FOIA administration as such individual
case problems may serve as one of the bases to establish current
systematic trends in the process. For this latter function, OGIS will
remove personal information and use the remaining information collected
for statistical purposes.
OGIS may disclose information in case files to agencies that have
an equity in the subject FOIA and/or Privacy Act request and/or appeal
in order for those agencies to participate in informal or formal
mediation efforts. The routine use statements A, E, F, G and H,
described in Appendix A following the NARA Notices, also apply to this
system of records.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Paper and electronic records.
RETRIEVABILITY:
Information in OGIS case files may be retrieved by one or more of
the following data elements: the name of the individual and an
alphanumeric case file number.
SAFEGUARDS:
OGIS case files are at all times maintained in buildings with
security guards or secured doors, and all entrances are monitored by
electronic surveillance equipment. During business hours, paper records
are accessible only by authorized NARA personnel. Electronic records
are accessible via passwords from terminals located in attended
offices. After business hours, or when OGIS personnel are not present
in the offices, the OGIS offices are secured in addition to building
security.
RETENTION AND DISPOSAL:
OGIS case files are temporary records and are destroyed in
accordance with the disposition instructions in the NARA records
schedule contained in FILES 203, the NARA Files Maintenance and Records
Disposition Manual. Individuals may request a copy of the disposition
instructions from the NARA Privacy Act Officer.
SYSTEM MANAGER(S) AND ADDRESS:
For OGIS case files, the system manager is the Director of the
OGIS, Room 2510, 8601 Adelphi Road, College Park, MD 20740.
NOTIFICATION PROCEDURE:
Individuals interested in inquiring about their records should
notify the NARA Privacy Act Officer, whose address is listed above and
in Appendix B to the Privacy Act of 1974 Republication of Systems of
Records Notice (72 FR 56570, October 3, 2007).
RECORD ACCESS PROCEDURES:
Individuals who wish to gain access to their records should submit
their request in writing to the NARA Privacy Act Officer at the address
listed in Appendix B.
CONTESTING RECORD PROCEDURES:
NARA rules for contesting the contents and appealing initial
determinations are found in 36 CFR part 1202.
RECORD SOURCE CATEGORIES:
Information in OGIS case files is obtained from persons who request
assistance in connection with the submission of a FOIA and/or Privacy
Act request or appeal to a Federal agency, and from agencies that have
acted on the request or appeal.
[FR Doc. 2010-19130 Filed 8-2-10; 8:45 am]
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