[Federal Register Volume 75, Number 207 (Wednesday, October 27, 2010)]
[Notices]
[Pages 66061-66064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-27216]
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DEPARTMENT OF COMMERCE
[Docket No. 101019526-0526-01]
Privacy Act of 1974; System of Records
AGENCY: U.S. Census Bureau, Department of Commerce.
ACTION: Notice of Amendment, Privacy Act System of Records; COMMERCE/
CENSUS-8, Statistical Administrative Records System.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title
5 United States Code (U.S.C.) 552a(e)(4) and (11); and Office of
Management and Budget (OMB) Circular A-130, Appendix I, ``Federal
Agency Responsibilities for Maintaining Records About Individuals'',
the Department of Commerce is issuing an amendment to a notice of
intent to amend the system of records under COMMERCE/CENSUS-8,
Statistical Administrative Records System published previously on March
25, 2009. This amendment would change certain provisions concerning the
purpose of the system of records, categories of individuals and records
covered by the system, retrievability, and safeguards for the records
in the system; in addition to minor administrative updates.
Accordingly, the COMMERCE/CENSUS-8, Statistical Administrative Records
System notice published in the Federal Register on January 20, 2000 (65
FR 3202), is amended as below. We invite public comment on the system
amendment announced in this publication.
DATES: Comment Date: To be considered, written comments on the proposed
amended system must be submitted on or before November 26, 2010.
Effective Date: Unless comments are received, the amended system of
records will become effective as proposed on the date of publication of
a subsequent notice in the Federal Register.
ADDRESSES: Please address comments to: Chief Privacy Officer, Privacy
Office, Room HQ--8H168, U.S. Census Bureau, Washington, DC 20233-3700.
SUPPLEMENTARY INFORMATION: On March 25, 2009, the Department of
Commerce published and requested comments on a proposed Privacy Act
System of Records notice entitled COMMERCE/CENSUS-8, Statistical
Administrative Records System (74 FR 12834). No comments were received
by Commerce, but that notice was not published as final because a
careful review of the proposed changes revealed that two technical
changes were needed and two other program-related changes were needed
because of work associated with the Statistical Administrative System
(StARS).
The first proposed technical change is the insertion of a reference
to 13 U.S.C. 8(b) after ``* * * in accordance with Title 13, United
States Codes (U.S.C.) * * *'' under the Supplementary Information
heading to more thoroughly reflect the authorities under which the
Census Bureau collects data including our reimbursable work for other
agencies and the authority for the release of summary tabulations. The
second proposed change is the insertion of the phrase ``* * * in
accordance with the Department's rules which appear in 15 CFR part 4
subpart B and * * *'' after ``This exemption is made'' under the
section entitled ``Exemptions Claimed for System.'' This change is
being made to more accurately convey that the Census Bureau, as part of
the Department of Commerce, is subject to Commerce Department rules.
The first of the two changes made to program-related provisions of
the March 25, 2009 notice is to language that attempted to clearly
describe the strict limitations to be placed on access to records
containing direct identifiers by sworn Census Bureau staff. In that
notice, the Census Bureau proposed a change to the access limitation
provision from ``a limited number'' to ``fewer than ten'' under the
heading ``Categories of Records in the System; Retrievability''. This
change was proposed to describe the proposed
[[Page 66062]]
enhanced control of data that contain direct identifiers. However,
after review of the proposed language, the Census Bureau concluded that
this restriction is not operationally feasible and cannot be
implemented. Thus, the most accurate description of the limitation on
access to direct identifiers is the original description of ``a limited
number'' as reflected in the January 20, 2000 published version of the
SORN. The second proposed change is being made to establish that the
list of categories of sources of records is representative of the types
of agencies that the Census Bureau receives records from, but that it
is not an exhaustive list. Thus the phrase ``relevant to those programs
from agencies including,'' has been inserted after ``In order to * * *
the Census Bureau will acquire administrative record files'' under the
heading ``Categories of Individuals Covered by the System.'' This
change clarifies that the Census Bureau will acquire administrative
record files from other agencies that maintain files relevant to Census
Bureau statistical programs, including those that are listed.
The Census Bureau invites comments on the changes proposed above.
If no comments are submitted, the Census Bureau will finalize the above
proposed changes, as well as those changes proposed in the March 25,
2009 notice that were not modified herein.
The StARS supports the Census Bureau's core mission of producing
economic and demographic statistics in accordance with Title 13, United
States Code (U.S.C.) 8(b), 41, 61, 81, 91, 101, 102, 131, 141, 181,
182, 193 and Title 15, U.S.C. 1525. Further, to the maximum extent
possible and consistent with the kind, timeliness, quality and scope of
the statistics required, the Census Bureau is mandated by Title 13,
U.S.C. 6 to acquire information from public and private sources to
ensure the efficient and economical conduct of its censuses and surveys
by using that information instead of conducting direct inquiries.
To provide the information on which the American public,
businesses, policymakers, and analysts rely, the StARS organizes data
from a variety of sources, thereby eliminating the need to collect
information again. Avoiding new collections precludes duplication,
enhances efficiency, significantly reduces the burden on respondents,
and lowers the cost to taxpayers. Doing so also increases the quality,
timeliness, and relevance of the information available to those making
policy decisions that impact the public and private sectors. The
information that StARS organizes comes from Federal and State
administrative record systems, private entities, current demographic
and economic surveys, quinquennial Economic Censuses, and decennial
Censuses of Population and Housing. The amended system also expands
protections on access, storage, and use of personally identifiable
data. The StARS is a statistical information system whose uses will not
directly affect any individual. In order to protect personally
identifiable information, the StARS is logically organized into three
components. The first component houses data sets with personal
identifiers (Social Security Numbers and names) in a secure
environment, with access restricted to a limited number of sworn Census
Bureau staff. The sole purpose of this component is to provide a
controlled environment to remove and replace the identifying
information (names and Social Security Numbers) contained in source
files with unique non-identifying codes. No data containing Social
Security Numbers are released from this environment. The second
component consists of data sets that contain the unique non-identifying
codes, with the personal identifiers removed. Records from them are
extracted or combined as needed, based on the unique non-identifying
codes, to prepare numerous statistical products. These extracts are
only provided in conjunction with approved Census Bureau projects and
programs. Each proposed use is reviewed by an in-house Project Review
Board to ensure the data are used only for authorized purposes.
Furthermore, individuals cannot access the extracts until their
managers have assured that they have taken all required security and
data stewardship training. The third component of StARS houses two
types of data sets that contain the unique non-identifying codes that
replaced the Social Security Numbers, but retain some name information.
The first type contains business information including the names of
businesses, some of which are the same as the name of the owner--``John
Doe Consulting,'' for example. The second type is used solely for the
purpose of providing contact information for respondents involved in
the Census Bureau's surveys and censuses. The same safeguards on the
use of these data sets as described for the second component apply here
as well.
COMMERCE/CENSUS-8
SYSTEM NAME:
Delete and replace with the following language:
``Statistical Administrative Records System.''
SECURITY CLASSIFICATION:
None
SYSTEM LOCATION:
Delete and replace with the following language:
``Bowie Computer Center, Bureau of the Census, 17101 Melford Blvd.,
Bowie, Maryland 20715.''
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Delete and replace with the following language:
``This system covers the population of the United States. In order
to approximate coverage of the population in support of its statistical
programs, the Census Bureau will acquire administrative record files
relevant to those programs from agencies including, the Departments of
Agriculture, Education, Health and Human Services, Homeland Security,
Housing and Urban Development, Labor, Treasury, Veterans Affairs, and
from the Office of Personnel Management, the Social Security
Administration, the Selective Service System, and the U.S. Postal
Service. Comparable data may also be sought from State agencies and
commercial sources.''
CATEGORIES OF RECORDS IN THE SYSTEM:
Delete and replace with the following language:
``The first category contains records with personal identifiers
(names and Social Security Numbers), with access restricted to a
limited number of sworn Census Bureau staff. The records are maintained
in a secure restricted-access environment. They are used solely during
a brief period while the personal identifiers are replaced with unique
non-identifying codes.
The second category contains records that are maintained on unique
data sets that are extracted or combined on an as-needed basis using
the unique non-identifying codes but with the original identifiers
removed. These records may contain: Demographic information--date of
birth, sex, race, ethnicity, household and family characteristics,
education, marital status, Tribal affiliation, and veteran's status;
Geographical information--address and geographic codes; Mortality
information--cause of death and hospitalization information; Health
information--type of provider, services provided, cost of services, and
quality indicators; Economic information--housing characteristics,
income, occupation, employment and unemployment information, health
[[Page 66063]]
insurance coverage, Federal program participation, assets, and wealth.
The third category contains two types of records that are
maintained on unique data sets that are extracted or combined on an as-
needed basis using the unique non-identifying codes but with some name
information retained. One type of records contain: Business
information--business name, revenues, number of employees, and industry
codes in support of economic statistical products. The other type
contains: Respondent contact information--name, address, telephone
number, age, and sex in support of survey and census data collection
efforts.''
AUTHORITIES FOR MAINTENANCE OF THE SYSTEM:
Delete and replace with the following language:
``Title 13 U.S.C. 6.''
PURPOSE(S):
Delete and replace with the following language:
``The purpose of this system is to centralize and control the use
of personally identifiable information by providing a secure repository
that supports statistical operations through the removal of personal
identifiers (Social Security Numbers and names), prior to delivery to
other Census Bureau operating units. By combining current demographic
and economic survey and census data with administrative record data
from other agencies, and data procured from commercial sources on an
as-needed basis, the Census Bureau will improve the quality and
usefulness of its statistics and reduce the respondent burden
associated with direct data collection efforts. The system will also be
used to plan, evaluate, and enhance survey operations; improve
questionnaire design and selected survey data products; and produce
research and statistical products such as estimates of the demographic,
social, and economic characteristics of the population.''
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Delete and replace with the following language:
``None. The StARS will be used only for statistical purposes. No
disclosures which permit the identification of individual respondents,
and no determinations affecting individual respondents will be made.''
Add the following language:
``DISCLOSURE TO CONSUMER REPORTING AGENCIES:
None.''
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Delete and replace with the following language:
``Records will be stored in a secure computerized system and on
magnetic media; output data will be either electronic or paper copies.
Source data sets containing personal identifiers will be maintained in
a secure restricted-access environment.''
RETRIEVABILITY:
Delete and replace with the following language:
``Staff producing statistical products will have access only to
data sets from which Social Security Numbers have been deleted and
replaced by unique non-identifying codes internal to the Census Bureau.
Only a limited number of sworn Census Bureau staff, who work within a
secure restricted-access environment, will be permitted to retrieve
records containing Social Security Numbers.''
SAFEGUARDS:
Delete and replace with the following language:
``Each project must be approved by an in-house Project Review Board
to ensure that data relating to the project will be used only for
authorized purposes. All uses of the data will be only for statistical
purposes, which by definition means that uses will not directly affect
any individual. Once the Project Review Board has approved a project,
construction of statistical extracts with information from one or more
of the source data sets may occur. Extract data sets will be based on
unique non-identifying codes and will only be released to designated
sworn Census Bureau staff with a need-to-know. The data in the extracts
for these projects will not be made publicly available. Any
publications based on the StARS will be cleared for release under the
direction of the Census Bureau's Disclosure Review Board, which will
confirm that all the required disclosure protection procedures have
been implemented. No information will be released that identifies any
individual. All employees are subject to the restrictions, penalties,
and prohibitions of 13 U.S.C. 9 and 214; 5 U.S.C. 552a(b)(4); 18 U.S.C.
1905; 26 U.S.C. 7213; and 42 U.S.C. 1306. When confidentiality or
penalty provisions differ, the most stringent provisions apply to
protect the data. Employees are regularly advised of the regulations
issued pursuant to 13 U.S.C 9 and 214 and other relevant statutes
governing confidentiality of the data. For example, 13 U.S.C. 214
provides for penalties of up to five years in prison, and applicable
criminal statutes could impose fines up to $250,000, for any releases
of confidential data. The restricted-access environment has been
established to limit the number of Census Bureau employees with direct
access to the personal identifiers in this system, so as to protect the
confidentiality of the data and to prevent unauthorized use or access.
These safeguards provide a level and scope of security that meet the
level and scope of security established by the Office of Management and
Budget in OMB Circular No. A-130, Appendix III, Security of Federal
Automated Information Resources. Furthermore, the use of unsecured
telecommunications to transmit individually identifiable information is
prohibited.''
RETENTION AND DISPOSAL:
Delete and replace with the following language:
``Records are to be retained in accordance with the unit's Records
Control Schedule, which is based on separate agreements with each
source entity. Retention is not to exceed 10 years, unless, by
agreement with the source entity, it is determined that a longer period
is necessary for statistical purposes. At the end of the retention
period or upon demand, all original data sets, extracts, and paper
copies, from each source entity will be returned or destroyed as
mandated by the agreements.''
SYSTEM MANAGER AND ADDRESS:
Delete and replace with the following language:
``Associate Director for Demographic Programs, U.S. Census Bureau,
4600 Silver Hill Road, Washington, DC 20233-8000.''
NOTIFICATION PROCEDURE:
Delete and replace with the following language:
``For the Census Bureau's records, information may be obtained
from: Assistant Division Chief for Data Management, Data Integration
Division, Demographic Directorate, U.S. Census Bureau, 4600 Silver Hill
Road, Washington, DC 20233-8100.''
Add the following information:
``RECORD ACCESS PROCEDURES:
See ``Record Notification Procedure'' above.''
Add the following information:
``CONTESTING RECORD PROCEDURES:
None.''
[[Page 66064]]
RECORD SOURCE CATEGORIES:
Delete and replace with the following language:
``Individuals covered by selected administrative record systems and
Census Bureau censuses and surveys.''
EXEMPTIONS CLAIMED FOR SYSTEM:
Delete and replace with the following language:
``Pursuant to 5 U.S.C., Section 552a(k)(4), this system of records
is exempted from the notification, access, and contest requirements of
the agency procedures (under 5 U.S.C., 552a(c)(3), (d), (e)(1),
(e)(4)(G), (H), and (I), and (f)). This exemption is applicable as the
data are maintained by the Bureau of the Census solely as statistical
records, as required under Title 13 U.S.C., and are not used in whole
or in part in making any determination about an identifiable
individual. This exemption is made in accordance with the Department's
rules which appear in 15 CFR part 4 subpart B and in accordance with
agency rules published in the rules section of this Federal Register.''
Dated: October 21, 2010.
Brenda Dolan,
Department of Commerce, Freedom of Information/Privacy Act Officer.
[FR Doc. 2010-27216 Filed 10-26-10; 8:45 am]
BILLING CODE 3510-07-P