[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4435-4436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33005]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
Privacy Act of 1974; Report of Modified or Altered System of
Records
AGENCY: National Institute for Occupational Safety and Health (NIOSH),
Centers for Disease Control and Prevention (CDC), Department of Health
and Human Services (DHHS).
ACTION: Notification of Proposed Altered System of Records.
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SUMMARY: The Department of Health and Human Services proposes to alter
System of Records, 09-20-0001, ``Certifying Interpreting Physician
File, HHS/CDC/NIOSH.'' HHS is proposing to add the following Breach
Response Routine Use Language to comply with the Office of Management
and Budget (OMB) Memoranda (M) 07-16, Safeguarding Against and
responding to the Breach of Personally Identifiable Information:
To appropriate Federal agencies and Department contractors that
have a need to know the information for the purpose of assisting the
Department's efforts to respond to a suspected or confirmed breach of
the security or confidentiality of information disclosed is relevant
and necessary for that assistance.
These records will be maintained by the Division of Respiratory
Disease Studies (DRDS), National Institute for Occupational Safety and
Health (NIOSH).
DATES: Comments must be received on or before February 24, 2011. The
proposed altered System of Records will be effective 40 days from the
date submitted to the OMB, unless NIOSH receives comments that would
result in a contrary determination.
ADDRESSES: You may submit comments, identified by the Privacy Act
System of Record Number 09-20-0001:
Federal eRulemaking Portal: http://regulations.gov. Follow
the instructions for submitting comments.
E-mail: Include PA SOR number 09-20-0001 in the subject
line of the message.
Phone: 770/488-8660 (not a toll-free number).
Fax: 770/488-8659.
Mail: HHS/CDC Senior Official for Privacy (SOP), Office of
the Chief Information Security Officer (OCISO), 4770 Buford Highway--M/
S: F-35, Chamblee, GA 30341.
Hand Delivery/Courier: HHS/CDC Senior Official for Privacy
(SOP), Office of the Chief Information Security Officer (OCISO), 4770
Buford Highway--M/S: F-35, Chamblee, GA 30341.
Comments received will be available for inspection and
copying at this same address from 9 a.m. to 3 p.m., Monday through
Friday, Federal holidays excepted.
SUPPLEMENTARY INFORMATION: NIOSH proposes to alter System of Records,
No. 09-20-0001, ``Certifying Interpreting Physician File, HHS/CDC/
NIOSH.'' The main purpose is to certify physicians as qualified to
interpret X-rays using the ILO system of classification for
pneumoconiosis.
This System of Record Notice is being altered to add the Breach
Response Routine Use Language to comply with the Office of Management
and Budget (OMB) memorandum dated May 22, 2007.
The following notice is written in the present tense, rather than
the future tense, in order to avoid the unnecessary expenditure of
public funds to republish the notice after the System has become
effective.
Dated: December 11, 2009.
James D. Seligman,
Chief Information Officer, Centers for Disease Control and Prevention.
Editorial Note: This document was received at the Office of the
Federal Register on December 27, 2010.
Department of Health and Human Services (HHS)
Centers for Disease Control and Prevention (CDC)
National Institue for Occupational Safety and Health (NIOSH)
Certifying Interpreting Physician File--Report of Modified or Altered
System of Records
Narrative Statement
I. Background and Purpose of the System
A. Background
The Department of Health and Human Services proposes to alter
System of Records, 09-20-0001, ``Certifying Interpreting Physician
File, HHS/CDC/NIOSH.'' HHS is proposing to add the following Breach
Response Routine Use Language to comply with the Office of Management
and Budget (OMB) Memoranda (M) 07-16, Safeguarding Against and
responding to the Breach of Personally Identifiable Information:
To appropriate Federal agencies and Department contractors that
have a need to know the information for the purpose of assisting the
Department's efforts to respond to a suspected or confirmed breach of
the security or confidentiality of information disclosed is relevant
and necessary for that assistance.
B. Purpose
The main purpose of this system is certify physicians as qualified
to interpret X-rays using the ILO system of classification for
pneumoconiosis.
II. Authority for Maintenance of the System
The statutory authority for this system is given under the Federal
Mine Safety and Health Act of 1977, Sections 203, ``Medical
Examinations'' and 501, ``Research'' (30 U.S.C. 843, 951).
III. Proposed Routine Use Disclosures of Data in the System
This System of Records contains information such as Name, address,
and phone number supplied to coal operators and X-ray facilities so
that they may contact physicians to do work for them. Physicians who
have taken the
[[Page 4436]]
test to be certified to interpret X-rays under the Federal Mine Safety
and Health Act of 1977. Records are also maintained on physicians who
have attempted to obtain certification, but did not qualify.
The Privacy Act allows us 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 use of data is known as a ``routine
use''.
The routine uses proposed for this System are compatible with the
stated purpose of the System:
1. 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.
2. The Department of Health and Human Services (HHS) may disclose
information from this system of records to the Department of Justice or
to a court or other tribunal, when: (a) HHS, or any component thereof;
or (b) any HHS employee in his or her official capacity; or (c) any HHS
employee in his or her individual capacity where the Department of
Justice (or HHS, where it is authorized to do so) has agreed to
represent the employee; or (d) the United States or any agency thereof
where HHS determines that the litigation is likely to affect HHS or any
of its components, is a party to litigation or has an interest in such
litigation, and HHS determines that the use of such records by the
Department of Justice, the court or other tribunal is relevant and
necessary to the litigation and would help in the effective
representation of the governmental party, provided, however, that in
each case, HHS determines that such disclosure is compatible with the
purpose for which the records were collected.
3. Records subject to the Privacy Act are disclosed to private
firms for data entry, computer systems analysis and computer
programming services. The contractors promptly return data entry
records after the contracted work is completed. The contractors are
required to maintain Privacy Act safeguards.
4. In the event of litigation initiated at the request of NIOSH,
the Institute may disclose such records as it deems desirable or
necessary to the Department of Justice and to the Department of Labor,
Office of the Solicitor, where appropriate, to enable the Departments
to effectively represent the Institute, provided such disclosure is
compatible with the purpose for which the records were collected. The
only types of litigative proceedings that NIOSH is authorized to
request are: (1) Enforcement of a subpoena issued to an employer to
provide relevant information; or (2) contempt citation against an
employer for failure to comply with a warrant obtained by the
Institute.
5. Records may be disclosed to appropriate federal agencies and
Department contractors that have a need to know the information for the
purpose of assisting the Department's efforts to respond to a suspected
or confirmed breach of the security or confidentiality of information
disclosed is relevant and necessary for that assistance.
IV. Effects of the Proposed System of Records on Individual Rights
The first routine use permits an individual may learn if a record
exists about himself or herself is by contacting the system manager at
the address 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.
V. Safeguards
NIOSH has safeguards in place for authorized users and monitors.
The records in this System are stored in File folders, microcomputer
files, computer tapes/disks and printouts, and microfilm. The records
are retrieved by their name and/or Social Security number, which is
optional and to be supplied on a voluntary basis. The records in this
System will be maintained in locked cabinets in locked rooms, 24-hour
guard service in buildings, personnel screening and escorting of
visitors, a limited access, secured computer room with fire
extinguishers and overhead sprinkler system, computer terminals and
automated records located in secured areas. These practices are in
compliance with 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 NIOSH LAN 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.
NIOSH or contractor employees involved in patenting and licensing
of HHS inventions or in keeping records of inventions made by HHS
contractors and grantees. 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.
Data is also occasionally located at contractor sites as studies are
developed, data collected, and reports written. A list of contractor
sites where individually identified data are currently located is
available upon request to the system manager.
VI. OMB Control Numbers, Expiration Dates, and Titles of Information
Collection
A. Full Title: Certifying Interpreting Physician File.
OMB Control Number: 09-20-0001.
Expiration Date: TBD.
VII. Supporting Documentation
A. Preamble and Proposed Notice of System for publication in the
Federal Register.
B. Agency Rules: None.
C. Exemption Requested: None.
D. Computer Matching Report: The new system does not require a
matching report in accordance with the computer matching provisions of
the Privacy Act.
[FR Doc. 2010-33005 Filed 1-24-11; 8:45 am]
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