[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4454-4456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33015]
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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: Division of Applied Research and Technology (DART), National
Institute for Occupational Safety and Health (NIOSH), Centers for
Disease Control and Prevention (CDC),
[[Page 4455]]
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, 09-20-0117, ``Medical and Test Record Results of
Individuals Involved in NIOSH Laboratory Studies, 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 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 09-20-0117:
Federal eRulemaking Portal: http://regulations.gov. Follow
the instructions for submitting comments.
E-mail: Include PA SOR number 09-20-0117 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. 09-20-0117, ``Medical and Test Record Results of Individuals
Involved in NIOSH Laboratory Studies, HHS/CDC/NIOSH.'' The purpose of
this system is to develop composite data summaries to support the
development of criteria for occupational safety and health standards,
and to provide other recommendations for improving worker safety and
health.
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 Institute for Occupational Safety and Health (NIOSH)
Medical and Test Record Results of Individuals Involved in NIOSH
Laboratory Studies--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, No. 09-20-0117 ``Medical and Test Record Results of
Individuals Involved in NIOSH Laboratory Studies, 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 purpose of this system is to develop composite data summaries
to support the development of criteria for occupational safety and
health standards, and to provide other recommendations for improving
worker safety and health.
II. Authority for Maintenance of the System
Occupational Safety and Health Act, Section 20, ``Research and
Related Activities'' (29 U.S.C. 669); and the Federal Mine Safety and
Health Act of 1977, Section 501, ``Research'' (30 U.S.C. 951).
III. Proposed Routine Use Disclosures of Data in the System
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:
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.
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 Department of Justice has agreed to represent such
employee, for example, in defending a claim against the Public Health
Service based upon an individual's mental or physical condition and
alleged to have arisen because of activities of the Public Health
Service in connection with such individual, 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.
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.
In the event of litigation initiated at the request of NIOSH, the
Institute may disclose such records as it deems
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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.
Disclosure may be made to NIOSH collaborating researchers (NIOSH
contractors, grantees, cooperative agreement holders, or other Federal
or State scientists) in order to accomplish the research purpose for
which the records are collected. The collaborating researchers must
agree in writing to comply with the confidentiality provisions of the
Privacy Act and NIOSH must have determined that the researchers' data
security procedures will protect confidentiality.
Records may be disclosed by CDC in connection with public health
activities to the Social Security Administration for sources of
locating information to accomplish the research or program purposes for
which the records were collected.
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 routine uses proposed for this System are compatible with the
stated purpose of the System:
The first routine use permits an individual may learn if a record
exists about himself or herself 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.
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.
The following information must be provided when requesting
notification: (1) full name; (2) the approximate date and place of the
study, if known; and (3) nature of the questionnaire or study in which
the requester participated.
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.
V. Safeguards
The records in this System are stored in file folders. Service
fellow personnel data is also maintained in an automated database. The
records in this System are retrieved by the name of the individual,
fellow, or guest researcher.
The records in this System have the following safeguards in place
to maintain and protect the information as it relates to Authorized
users, physical and procedural safeguards:
Authorized users--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), as authorized by
the system manager to accomplish the stated purposes for which the data
in this system have been collected.
Physical Safeguards--Locked cabinets in locked rooms, electronic
anti-intrusion devices in operation at the Federal Records Center,
security guard service in buildings, personnel screening of visitors.
Procedural Safeguards--Users of individually identified data
protect information from public scrutiny, and only specifically
authorized personnel may be admitted to the record storage area. CDC
employees who maintain records are instructed to check with the system
manager prior to making disclosures of data.
Implementation Guidelines: The safeguards outlined above in
accordance with the Chapter 45-13, ``Safeguarding Records Contained in
Systems of Records,'' of the HHS General Administration Manual.
The records in this System are retained and disposed of in the
following way: Personal identifiers are destroyed as soon as they are
no longer necessary for the protection of the individuals involved.
Records are maintained in agency for three years. Records are
maintained according to the provisions of the CDC Records Control
Schedule for NIOSH records. Disposal methods include burning or
shredding paper materials or transferring records to the Federal
Records Center when no longer needed for evaluation and analysis.
Records destroyed by paper recycling process when 20 years old, unless
needed for further study.
VI. OMB Control Numbers, Expiration Dates, and Titles of Information
Collection
A. Full Title: ``Medical and Test Record Results of Individuals
Involved in NIOSH Laboratory Studies, HHS/CDC/NIOSH.''
OMB Control Number: 09-20-0117.
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. 2010-33015 Filed 1-24-11; 8:45 am]
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