[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4476-4478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33025]
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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: Coordinating Center for Health Promotion, National Center for
Chronic Disease Prevention and Health Promotion (NCCDPHP), 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, 09-20-0160, ``Records of Subjects in Health
Promotion and Education Studies, HHS/CDC/NCCDPHP.'' HHS is proposing
adding 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 Center for Chronic
Disease Prevention and Health Promotion (NCCDPHP), Coordinating Center
for Health Promotion
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 NCCDPHP receives comments that would
result in a contrary determination.
ADDRESSES: You may submit comments, identified by the Privacy Act
System of Record Number 09-20-0160:
Federal eRulemaking Portal: http://regulations.gov. Follow
the instructions for submitting comments.
E-mail: Include PA SOR number 09-20-0160 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: NCCDPHP proposes to alter System of Records,
No. 09-20-0160, ``Records of Subjects in Health Promotion and Education
Studies, HHS/CDC/NCCDPHP.'' This record system enables the Centers for
Disease Control and Prevention (CDC) officials to develop and evaluate
existing health promotion programs for disease prevention and control,
and to communicate new knowledge to the health community for the
implementation of such programs.
[[Page 4477]]
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 Center for Chronic Disease Prevention and Health Promotion
(NCCDPHP)
Records of Subjects in Health Promotion and Educational 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. 09-20-0160 ``Records of Subjects in Health
Promotion and Education Studies, HHS/CDC/NCCDPHP.'' HHS is proposing
adding 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
This record system enables the Centers for Disease Control and
Prevention (CDC) officials to develop and evaluate existing health
promotion programs for disease prevention and control, and to
communicate new knowledge to the health community for the
implementation of such programs.
II. Authority for Maintenance of the System
Public Health Service Act, Section 301, ``Research and
Investigation'' (42 U.S.C. 241).
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 CDC contractors in the conduct of
research studies covered by this system notice and in the preparation
of scientific reports, in order to accomplish the stated purpose of the
system. The recipients will be required to maintain Privacy Act
safeguards with respect to such records.
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 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:
An individual may learn if a record exists about himself or herself
by contacting the system manager at the above address. 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.
A parent or guardian who requests notification of, or access to a
child's medical record shall designate a family physician or other
health professional (other than a family member) to whom the record, if
any, will be sent. The parent or guardian must verify relationship to
the child by means of a birth certificate or court order, as well as
verify that he or she is who he or she claims to be.
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 computer tapes/disks, CD
ROMs, and file folders. The records in this System are retrieved by the
name of individual, identification number; school name and year tested
are some of the indices used to retrieve records from this system.
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
researchers and designated support staff of CDC or
[[Page 4478]]
its contractors, as authorized by the system manager to accomplish the
stated purposes for which the data in this system have been collected.
Physical Safeguards--Access to the CDC Clifton Road facility where
the mainframe computer is located is controlled by a cardkey system.
Access to the computer room is controlled by a cardkey and security
code (numeric keypad) system. The hard copy records are kept in locked
cabinets in locked rooms. The local fire department is located directly
next door to the Clifton Road facility. The computer room is protected
by an automatic sprinkler system, numerous automatic sensors (e.g.,
water, heat, smoke, etc.) are installed, and a proper mix of portable
fire extinguishers is located throughout the computer room. The system
is backed up on a nightly basis with copies of the files stored off
site in a secure fireproof safe. Security guard service in buildings
provides personnel screening of visitors. Computer work stations and
automated records are located in secured areas.
Procedural Safeguards--Protection for computerized records both on
the mainframe and the National Center Local Area Network (LAN) includes
programmed verification of valid user identification code and password
prior to logging on to the system, mandatory password changes,
encryption, limited log-ins, virus protection, and user rights/file
attribute restrictions. Password protection imposes user name and
password log-in requirements to prevent unauthorized access. Each user
name is assigned limited access rights to files and directories at
varying levels to control file sharing. There are routine daily backup
procedures and secure off-site storage for backup tapes. When Privacy
Act tapes are scratched, a special process is performed in which tapes
are completely written over to avoid inadvertent data disclosure.
Additional safeguards may be built into the program by the system
analyst as warranted by the sensitivity of the data.
CDC and contractor employees who maintain records are instructed to
check with the system manager prior to making disclosures of data. When
individually identified data are being used in a room, admittance at
either CDC or contractor sites is restricted to specifically authorized
personnel. Privacy Act provisions are included in contracts, and the
CDC Project Director, contract officers and project officers oversee
compliance with these requirements. Upon completion of the contract,
all data will be either returned to CDC or destroyed, as specified by
the contract.
Implementation Guidelines: 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
National Center 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.
The records in this System are retained and disposed of in the
following way: Records are retained and disposed of in accordance with
the CDC Records Control Schedule. Records are maintained in agency for
two years. Source documents for computer disposed of when no longer
needed by program officials. Personal identifiers may be deleted from
records when no longer needed in the study as determined by the system
manager, and as provided in the signed consent form, as appropriate.
Disposal methods include erasing computer tapes, 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: ``Records of Subjects in Health Promotion and
Education Studies, HHS/CDC/NCCDPHP.''
OMB Control Number: 09-20-0160.
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. 2010-33025 Filed 1-24-11; 8:45 am]
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