[Federal Register: June 12, 2008 (Volume 73, Number 114)] [Notices] [Page 33591-33634] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12jn08-143] [[Page 33591]] ----------------------------------------------------------------------- Part IV Federal Trade Commission ----------------------------------------------------------------------- Privacy Act of 1974; System of Records Notices; Notice [[Page 33592]] ----------------------------------------------------------------------- FEDERAL TRADE COMMISSION Privacy Act of 1974; System of Records Notices AGENCY: Federal Trade Commission (FTC). ACTION: Notice of revised system notices with request for comments. ----------------------------------------------------------------------- SUMMARY: The FTC is revising the notices that it is required to publish under the Privacy Act of 1974 to describe its systems of records about individuals. This action is intended to make these notices clearer, more accurate, and up-to-date. This document also consolidates all of the notices into a single publication for ease of use and reference. This consolidation and revision is designed to promote better public understanding of how and when the FTC collects and uses information about individuals. DATES: The deadline for any comments on this notice is July 14, 2008. Unless the FTC makes changes based on comments or otherwise, this notice shall become final and effective on July 28, 2008. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ``FTC Privacy Act Systems Notices, Project No. P072104'' to facilitate the organization of comments. A comment filed in paper form should include this reference both in the text and on the envelope, and should be mailed or delivered to the following address: Federal Trade Commission, Office of the Secretary, Room H-135 (Annex P), 600 Pennsylvania Avenue, NW., Washington, DC 20580. The FTC is requesting that any comment filed in paper form be sent by courier or overnight service, if possible, because U.S. postal mail in the Washington area and at the Commission is subject to delay due to heightened security precautions. Moreover, because paper mail in the Washington area and at the FTC is subject to delay, please consider submitting your comments in electronic form, as prescribed below. If, however, the comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page must be clearly labeled ``Confidential.''\1\ --------------------------------------------------------------------------- \1\ See Commission Rule 4.2(d), 16 CFR 4.2(d). The comment must be accompanied by an explicit request for confidential treatment, including the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. The request will be granted or denied by the Commission's General Counsel, consistent with applicable law and the public interest. See Commission Rule 4.9(c), 16 CFR 4.9(c). --------------------------------------------------------------------------- Comments filed in electronic form should be submitted by using the following weblink: https://secure.commentworks.com/ftc- recordssystemsnotices (and following the instructions on the web-based form). To ensure that the Commission considers an electronic comment, you must file it on the web-based form at the weblink https:// secure.commentworks.com/ftc-recordssystemsnotices. If this notice appears at http://www.regulations.gov, you may also file an electronic comment through that website. The Commission will consider all comments that regulations.gov forwards to it. You may also visit the FTC website at http://www.ftc.gov/opa/index.shtml to read this document and the related FTC news release. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives, whether filed in paper or electronic form. Comments received will be available to the public on the FTC website, to the extent practicable, at http://www.ftc.gov. As a matter of discretion, the FTC makes every effort to remove home contact information for individuals from the public comments it receives before placing those comments on the FTC website. More information, including routine uses permitted by the Privacy Act, may be found in the FTC's privacy policy, at (http://www.ftc.gov/ftc/privacy.htm). FOR FURTHER INFORMATION CONTACT: Alex Tang, G. Richard Gold, or Lorielle L. Pankey, Attorneys, Office of the General Counsel, FTC, 600 Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-2424. SUPPLEMENTARY INFORMATION: Please read the following questions and answers to understand the reasons for this notice. Who should read this notice? You should read this notice if you would like to know what information the Federal Trade Commission (FTC) collects and maintains about individuals. Why is the FTC publishing this notice? The Privacy Act of 1974, 5 U.S.C. 552a, requires us to publish this notice. What is the Privacy Act? The Privacy Act is a Federal law that protects information about individuals (i.e., personal information) in ``systems of records'' maintained by the United States Government. It provides the public with the right to know when a Government agency is maintaining any system of records about individuals, and it limits the agency's ability to use or disclose a record about an individual from such a system without that individual's consent. Does the FTC maintain any systems of records about individuals? Yes. The FTC, like other Government agencies, maintains systems of records about its individual employees, such as payroll and other personnel records. The FTC also maintains systems of records about individuals outside the FTC. For example, the National Do Not Call Registry is the system of records we use to maintain the phone numbers of individuals who do not want to receive telemarketing calls. We also maintain a system of nonpublic investigatory or other nonpublic legal records, which include records about other non-FTC individuals. These and other FTC systems of records are discussed below. What is a ``system of records''? A ``system of records'' can be any collection or grouping of paper, electronic, or other records (e.g., microfiche) controlled by a Federal agency about individuals. (It does not include agency records about businesses or about individuals who are not U.S. citizens or lawfully admitted aliens.) To be a ``system of records,'' the agency must pull (``retrieve'') records about an individual from the system by that individual's name or by some other identifier assigned to that individual, such as the individual's Social Security number or telephone number. The record must also be ``about'' that individual. If a record is only about someone or something else (e.g., about a business), it is not a record ``about'' that individual. How do I know if the FTC has any records about me or other individuals in a system of records? To inform the public, this document contains a ``system of records notice'' (SORN) for each system of records about individuals that the FTC currently maintains within the meaning of the Privacy Act. Each SORN describes the records maintained in that particular system, including the categories of individuals that the records in the system are about (e.g., FTC employees). Each system notice also contains information about how to find out if that particular system contains any records about you. [[Page 33593]] What other information is in the SORN? Each SORN also explains where the system is maintained, what laws or other authority permits the FTC to maintain the system, the purpose of the system, and how we safeguard records in the system. The SORN also includes other information about the system, including the ``routine uses'' of records in that system. (A ``routine use'' means a disclosure of a record that is compatible with the purpose for which that record was collected.) Why is the FTC publishing these SORNs now? The Privacy Act requires the FTC to publish a SORN before establishing a system of records under the Act. The FTC must update that SORN when the agency makes certain changes to the system. The FTC has published SORNs for individual systems of records, and updates of these SORNs as needed, but this is the first time since 1992 (57 FR 45678) that the FTC has published a complete list of its SORNs in one document. Can I view these SORNs online? Yes. We post our SORNs on the FTC's Web site, www.ftc.gov, in the Privacy Act section, and we will post this document, too. (It is also officially published in the FEDERAL REGISTER online, (http:// www.gpoaccess.gov/fr/Index.html).) Is the FTC deleting or adding SORNs? Yes. The FTC is deleting seven SORNs that covered records the FTC no longer maintains or records that are now merged with or otherwise covered by other existing SORNs.\2\ At the same time, the FTC is adding nine new SORNs to cover records that were covered in whole or part by other existing SORNs.\3\ --------------------------------------------------------------------------- \2\ See former FTC-I-6 (Office of the Secretary Control and Reporting System--FTC), now part of FTC-I-5 (Matter Management System--FTC); former FTC-II-4 (Counseling Records--FTC), now Employee Assistance Program records covered by a Health and Human Services SORN, as discussed below; former FTC-II-8 (Biographies of Commissioners and Key Staff Members--FTC), now part of FTC-I-6 (Public Records--FTC); former FTC-III-2 (Payroll--Retirement Records--FTC), now part of FTC-III-1 (Personnel Payroll System-- FTC); former FTC-IV-2 (Identity Theft Complaint Management System-- FTC), now part of FTC-IV-1 (Consumer Information System--FTC); former FTC-V-3 (Public Information Requests System--FTC), now part of FTC-IV-1 (Consumer Information System--FTC); former FTC-VII-4 (Standard Name System--FTC), no longer maintained. \3\ See new FTC-I-6 (Public Records--FTC), previously part of FTC-I-1 (formerly Investigational, Legal and Public Records--FTC, now Nonpublic Investigational Records and other Nonpublic Legal Program Records--FTC); new FTC-II-4 (Employment Application-Related Records--FTC), covered by an existing SORN published by the Office of Personnel Management (OPM), as discussed below; new FTC-II-8 (Employee Adverse Action and Disciplinary Records--FTC), covered by an existing OPM SORN, as discussed below; new FTC-II-13 (Staff Time and Attendance Reporting (STAR) System--FTC), covering matter and time and attendance data also included in FTC-I-5 (Matter Management System--FTC) and FTC-III-1 (Personnel Payroll System--FTC); new FTC- III-2 (Travel Management System--FTC), covered by an existing General Services Administration (GSA) SORN, as discussed below; new FTC-III-4 (Automated Acquisitions System--FTC), covering vendor data also included in part in FTC-III-3 (Financial Management System-- FTC); FTC-III-5 (Employee Transportation Program Records--FTC), covering copies of data transmitted to the Department of Transportation (DOT) under a DOT SORN, as discussed below; FTC-IV-2 (Miscellaneous Office Correspondence Tracking System Records--FTC), previously covered by FTC-IV-1 (former Correspondence Control System--FTC, now Consumer Information System--FTC); new FTC-VI-4 (Call Detail Records--FTC), covering records subject to a model Office of Management & Budget (OMB) SORN, as described below. --------------------------------------------------------------------------- Are there other SORN changes? Yes. We have revised our SORNs throughout so they more accurately describe the scope, type, or purpose of records we are currently maintaining in those systems. We have updated the descriptions of our storage, retention and information security practices. We also have made other technical or stylistic changes, such as revising some system names. We have also created a new Appendix III to update and consolidate the addresses of the FTC's regional offices and other facilities where records may be maintained or accessed. Where applicable, we have also explained when a system has been ``outsourced'' (i.e., when the FTC is using a contractor to operate or maintain the system). A system-by-system summary of the revised SORNs is set forth at the end of this question-and-answer section. Can I comment on these SORNs? Yes. Please see the ADDRESSES section of this document above to learn how to submit a comment, and see the DATES section for the deadline to do so. Before you submit a comment, please be aware that your comment will become a matter of public record and will be posted on our Web site, where it can be viewed and searched by anyone on the Internet. Do other Federal agencies have SORNs? Yes. Each Federal agency must publish SORNs for its own systems of records. To find out what system of records another Federal agency maintains, and to obtain the SORNs for those systems, contact that agency directly, or visit its Web site. (Privacy Act information is often linked to an agency's Freedom of Information Act (FOIA) page.) Does the Privacy Act of 1974 apply to records that private businesses maintain about individuals? No. The Privacy Act of 1974 applies only to records maintained by agencies of the United States Government. Records that businesses or other private entities maintain on their customers or other individuals are covered by other laws and regulations applicable to the private sector. The FTC enforces some of these laws and regulations as part of its mandate to protect consumers from unfair and deceptive acts and practices. How can I learn more about the privacy laws and regulations that the FTC enforces? To learn more about how the FTC works to protect consumer privacy, please visit the FTC's Web site, www.ftc.gov. It contains a wealth of information about how to avoid identity theft, how to safeguard your information when using the Internet, and other helpful guidance and advice to help you protect your privacy. System-by-System SORN Summary The following summary highlights changes that the FTC is making to each of its SORNs. I. FTC Law Enforcement Systems of Records FTC-I-1 (Nonpublic Investigational and Other Nonpublic Legal Program Records--FTC). This SORN previously included public records about individuals. For clarity, the FTC has decided to treat public records as a separate system of records. Accordingly, we have revised FTC-I-1 to cover only nonpublic investigational and other nonpublic program records, and public records previously covered by this system are now treated as a separate system with its own SORN, designated as FTC-I-6 (Public Records--FTC), see below. FTC-I-2 (Disciplinary Action Investigatory Files--FTC). This SORN covers records compiled to determine whether the FTC should refer an individual practicing before the FTC to appropriate authorities for alleged ethical or other misconduct. No substantive changes have been made. FTC-I-3 (Informal Advisory Opinion Requests and Response Files-- FTC). This SORN covers the records of individuals who have requested informal advisory opinions from the FTC staff, and records of the responses to such requests. We have clarified and simplified the system name, and made other technical changes and clarifications. [[Page 33594]] FTC-I-4 (Clearance Applications and Response Files--FTC). This SORN covers records of individuals who have requested clearance to participate or appear on behalf of other parties in FTC matters, and records of the FTC's responses to such requests. We have simplified the system name, but made no substantive changes. FTC-I-5 (Matter Management System--FTC). This SORN covers the administrative database used by the FTC to track and report the history and status of FTC investigations and other agency matters, including names of employees or others assigned to or involved in such matters. We have updated the system name, and have revised the scope of the SORN to include the system of records known as the Office of the Secretary Control and Reporting System (OSCAR), which tracks matters circulated to the FTC's Commissioners for voting or informational purposes. OSCAR was previously treated as a separate Privacy Act system of records (FTC-I-6), but those records have now been made merged into this system (FTC-I-5). FTC-I-6 (Public Records--FTC). FTC-I-6 is now the designation for a new SORN covering the FTC's system of public records, which were previously part of FTC-I-1, see above. FTC-I-6 includes comments submitted by consumers and others in rulemakings, workshops, or other FTC proceedings. The FTC makes these public records routinely available for public inspection and copying, including by posting copies of such records on the Internet, as noted in section 4.9(b) of the FTC Rules of Practice, 16 CFR 4.9(b), and explained in the FTC's online privacy policy posted at www.ftc.gov. Some public comments are also collected for the FTC by the government-wide Federal Docket Management System (FDMS), through www.regulations.gov, which is maintained and operated on behalf of all Federal agencies by the Environmental Protection Agency (EPA). Public comments or other records collected through the FDMS are covered by the SORN that EPA has separately published for the FDMS. See EPA-GOVT-2 (FDMS), 70 FR 15086 (2005). FTC-I-7 (Office of Inspector General Investigative Files--FTC). This SORN covers investigatory records in the FTC's Office of Inspector General (OIG). The FTC published the last revision of this SORN in 2005 (70 FR 43431). The FTC is adding a routine use, found in other agencies' SORNs, to keep complainants and victims apprised of the status of the OIG's investigation, which is compatible with the purpose for which the OIG's investigatory records are compiled. Otherwise, only minor editorial changes have been made. FTC-I-8 (Stenographic Reporting Services Request System--FTC). This SORN covers the database system that the FTC uses to log and fulfill requests by FTC attorneys for stenographic services in FTC investigations, litigation and other FTC matters. The SORN remains unchanged, aside from minor editorial and stylistic revisions. II. FTC Personnel Systems of Records FTC II-1 (General Personnel Records--FTC). This SORN covers Official Personnel Folders (OPFs) and other personnel records that the FTC's Human Resources Management Office (HRMO) maintains about FTC employees. The Office of Personnel Management (OPM) has published a Government-wide SORN that covers this system of records, OPM/GOVT-1 (General Personnel Records). See 71 FR 35341, 35342 (2006). We have revised FTC-II-1 to make it more consistent with OPM's SORN, and have made other minor revisions. FTC-II-2 (Unofficial Personnel Records--FTC). This SORN covers personnel records maintained outside of the FTC's HRMO by FTC managers about their employees. This system includes employee performance files maintained by managers. OPM has published a Government-wide SORN that covers those records, OPM/GOVT-2 (Employee Performance File System Records). See 71 FR 35341, 35347 (2006). We have revised FTC-II-2 to make it more consistent with OPM's SORN, and have made other minor revisions. FTC-II-3 (Workers' Compensation--FTC). This SORN covers FTC records of claims filed under the Federal Employees' Compensation Act (FECA) for injuries sustained on the job by FTC employees. The Department of Labor (DOL) processes and adjudicates these claims for all Federal employees. DOL has published a SORN to cover its Government-wide system of FECA claims records, DOL/GOVT-1 (Office of Workers' Compensation Programs, FECA File), which is operated and maintained by a DOL contractor. See 67 FR 16815 (2002). We have revised FTC-II-3 to make it more consistent with DOL's SORN, and have made other minor revisions. FTC-II-4 (Employment Application-Related Records--FTC). The FTC has deleted the SORN previously designated as FTC-II-4, which covered employee counseling records maintained on-site by the FTC. Counseling records for FTC employees are now compiled, maintained, and controlled solely by the Department of Health and Human Services (HHS), which provides an Employee Assistance Program (EAP) to the FTC's employees under an interagency agreement. Those counseling records are covered by the relevant SORN published by HHS. See HHS SORN No. 09-90-0010 (EAP Records), 67 FR 4965 (2002). FTC-II-4 now designates a new SORN covering the FTC system of records compiled from or about individuals who have applied for FTC employment, including individual applications, resumes, references or other records submitted for FTC consideration. The FTC has not previously published a SORN for this system of records because a Government-wide OPM SORN already covers this system, OPM/ GOVT-5 (Recruiting, Examining, and Placement Records). See 71 FR 35351 (2006). Nonetheless, for clarity and ease of reference, the FTC is publishing its own SORN for this system, as the FTC has done for other FTC systems that overlap with OPM systems (e.g., FTC-II-1, FTC-II-2). FTC-II-5 (Equal Employment Opportunity Statistical Reporting System--FTC). This SORN covers the confidential FTC personnel database maintained for the FTC's Equal Employment Opportunity (EEO) Office to generate statistical reports and analyses for the FTC's EEO program. An OPM Government-wide SORN also covers the applicant-related data compiled in this FTC system, OPM/GOVT-7 (Applicant Race, Sex, National Origin, and Disability Status Records). See 71 FR 35356 (2006). Minor revisions have been made to FTC-II-5 regarding the system's purpose, records, storage, and other aspects of the system, consistent with the OPM SORN. FTC-II-6 (Discrimination Complaint System--FTC). This SORN covers investigatory files and related documentation generated in EEO pre- complaint counseling and investigations at the FTC. These records also are covered by a Government-wide SORN published by the Equal Employment Opportunity Commission (EEOC), EEOC/GOVT-1 (Equal Employment Opportunity in the Federal Government Complaint and Appeal Records). See 67 FR 49338 (2002); 71 FR 24704 (2006) (updating system managers). Minor revisions have been made, consistent with the EEOC SORN. FTC-II-7 (Ethics Program Records--FTC). This SORN covers annual financial statements and other filings or requests by FTC officials and employees under the FTC's ethics program. The Office of Government Ethics (OGE) has [[Page 33595]] published two Government-wide SORNs that together cover records in this FTC system. See OGE/GOVT-1 (Public Financial Disclosure Reports and Other Name-Retrieved Ethics Program Records), OGE/GOVT-2 (Confidential Financial Disclosure Reports). See 68 FR 3098, 24744 (2003). We have revised FTC-II-7 to make it more consistent with the OGE SORNs and to make other minor clarifications. FTC-II-8 (Employee Adverse Action and Disciplinary Records--FTC). The FTC has removed the SORN previously designated as FTC-II-8, which covered biographies maintained by the FTC's public affairs office on Commissioners and key staff members. That biographical information is now maintained and posted on the FTC's Web site, which is part of the FTC public records system. (See FTC-I-6 above.) FTC-II-8 now designates the FTC's system of employee adverse action and disciplinary files. The FTC has not previously published a SORN for this system of records, since an OPM Government-wide SORN covers these records, OPM/GOVT-3 (Records of Adverse Actions, Performance Based Reduction in Grade and Removal Actions, and Termination of Probationers). See 71 FR 35342, 35350 (2006). Nonetheless, for clarity and ease of reference, the FTC is now publishing its own SORN for this system, as the FTC has done for other FTC systems that overlap with OPM systems (e.g., FTC-II-1, FTC- II-2). FTC-II-9 (Claimants Under Federal Tort Claims Act and Military Personnel and Civilian Employees' Claims Act--FTC). This SORN covers records generated by tort claims and other claims filed with the FTC by its employees or others under the named statutes. No substantive changes have been made. FTC-II-10 (Employee Health Care Records--FTC). This SORN covers records maintained by the FTC's employee health unit, which relies upon an HHS Program Support Center (PSC) contractor to provide on-site health services to our employees at certain FTC facilities. We have clarified the scope of the SORN to be consistent with a related HHS SORN, No. 09-40-0005 (Public Health Service (PHS) Beneficiary-Contract Medical/Health Care Records). See 63 FR 68596 (1998). This SORN excludes personnel-related medical records for FTC employees (e.g., fitness-for-duty examinations, if any), which would be covered by the applicable OPM Government-wide SORN, OPM/GOVT-10 (Employee Medical File System Records). See 71 FR 35360 (2006). FTC-II-11 (Personnel Security, Identity Management & Access Control Records--FTC). This SORN covers security-related records for determining the eligibility of FTC employees or other authorized individuals (e.g., on-site contractors) for access to FTC facilities and resources, as well as records related to granting and controlling such access. This SORN already covered personnel security investigatory files used to make the eligibility determinations. We have clarified the SORN to include related records collected or generated in the process of issuing credentials (e.g., ID badges) to employees or others for gaining access to FTC facilities and resources. We are also clarifying the SORN to include access logs or other records maintained or used to determine and control when and how such credentials are used by our employees or others to gain access to FTC facilities and resources. This revision includes a routine use to disclose such logs or records for investigatory and law enforcement purposes, which is compatible with the purpose for which such logs or records are compiled. FTC-II-12 (Training Reservation System--FTC). This SORN covers the system used by the FTC's HRMO to track and log requests of FTC employees to attend training courses. Only minor non-substantive changes have been made. FTC-II-13 (Staff Time and Attendance Reporting (STAR) System--FTC). This SORN covers the system that the FTC uses to compile statistics on time spent by each employee on various FTC matters. The FTC already maintains matter-related data in its Matter Management System (FTC-I-5) about individual employee participation in such matters, and also maintains employee time and attendance data in its employee payroll system (FTC-III-1). Because the STAR system combines matter data as well as time and attendance data for FTC employees, the FTC is publishing a separate SORN for the STAR system. III. FTC Financial Systems of Records FTC-III-1 (Personnel Payroll System--FTC). This SORN, which covers payroll processing records for FTC employees, now also covers retirement records, which were previously treated as a separate records system with its own SORN (FTC-III-2). We have merged retirement records into FTC-III-1, and are using FTC-III-2 to designate a new and different system of records, as described below. We have also updated FTC-III-1 to reflect the applicable SORN published by the Department of Interior (DOI), which manages payroll and retirement data for the FTC. See DOI-85 (Payroll, Attendance, Retirement, and Leave Records), 64 FR 26997 (1999); 73 FR 8342 (2008) (proposed routine use amendments). FTC-III-2 (Travel Management System--FTC). FTC-III-2 is now the SORN for the FTC Travel Management System, which covers travel documentation for FTC employees and other authorized individuals on official travel for the FTC. To the extent these travel data are collected and maintained by the FTC's travel management contractor, they are already covered by a Government-wide General Services Administration (GSA) SORN, GSA/GOVT-4 (Contracted Travel Services Program). See 71 FR 48764 (2006). Nonetheless, the FTC is publishing a SORN to include those data as well as any other miscellaneous data that various FTC offices may collect and maintain in a system or records about individuals on official travel for the FTC. FTC-III-3 (Financial Management System--FTC). This SORN covers FTC records reflecting payments or reimbursements for travel by its employees and others (compare FTC-III-2 above) and payments for the acquisition of other goods or services (compare FTC-III-4 below). The FTC has revised FTC-III-3 to clarify its relationship to the other related SORNs, as well as to the applicable SORN published by DOI, which processes and manages financial data for the FTC. See DOI-90 (Federal Financial System), 64 FR 46930 (1999), 73 FR 8342 (2008) (proposed routine use amendments). FTC-III-4 (Automated Acquisitions System--FTC). This new SORN covers the system used within the FTC to track requisitions (orders) for goods or services from non-FTC sources. In the past, records of such requisitions were partly reflected in records of payments for goods and services made through the Financial Management System (FTC- III-3, above). The FTC is now treating this requisitions data as a separate system of records with its own SORN designated as FTC-III-4. FTC-III-5 (Employee Transportation Program Records--FTC). The FTC is adding this SORN to cover its file system of paper copies of requests submitted by FTC employees for commuting subsidies through a program administered by the Department of Transportation (DOT). The corresponding DOT SORN is DOT/ALL 8 (Employee Transportation Facilitation). See 65 FR 19475, 19482 (2000). This SORN also includes other records relating to employee transportation programs that the FTC [[Page 33596]] may administer from time to time (e.g., garage parking permits). IV. FTC Correspondence Systems of Records FTC-IV-1 (Consumer Information System--FTC). This SORN, previously entitled ``Correspondence Control System,'' is now limited to consumer complaints and information requests received from consumers, as well as identity theft complaints, which were previously treated as a different system of records, under FTC-IV-2. Non-consumer correspondence control records previously covered by this system are now covered by a separate SORN, designated as FTC-IV-2. We have updated the system location for FTC-IV-1 to reflect the fact that a contractor maintains the system for the FTC. The SORN has also been revised to explain that the system also maintains contact information about authorized system users (e.g., staff of other law enforcement agencies) to be shared among such users. The SORN includes a corresponding routine use for such sharing, which is compatible with the purpose for which such contact information is collected and maintained. FTC-IV-2 (Miscellaneous Office Correspondence Tracking System Records--FTC). As noted above, identity theft records previously covered by FTC-IV-2 are now covered by FTC-IV-1. FTC-IV-2 is now a new SORN covering the miscellaneous non-consumer correspondence and matter tracking records that were previously covered as part of FTC-IV-1, above. FTC-IV-3 (National Do Not Call Registry--FTC). This SORN covers records of individuals who wish to be placed on the FTC's telemarketing do-not-call list. It also covers information collected from telemarketers, sellers, or agents who are required to comply with the list, but only to the extent, if any, that such telemarketers, sellers, or agents are also ``individuals'' within the meaning of the Privacy Act. The revised SORN clarifies that user fee payment data are collected from these telemarketers, sellers, or agents by the Treasury Department's Financial Management Service (FMS) through its www.pay.gov system, and that such data are also covered by the applicable system notice published by Treasury/FMS for that system, Treasury/FMS.017 (Collections Records). See 70 FR 34522 (2005). No substantive changes have been made to this SORN. V. FTC Access Requests FTC-V-1 (Freedom of Information Act Requests and Appeals--FTC). The FTC is revising this SORN to reflect the use of a commercial software application to maintain these records. No substantive changes have been made. FTC-V-2 (Privacy Act Requests and Appeals--FTC). The FTC is revising this SORN to reflect the use of a commercial software application to maintain these records. No substantive change have been made. FTC-V-3 (Deleted). This SORN, which the FTC has deleted, previously described records of requests made to the FTC's public reading room for public information. Records of those requests are now collected and maintained as part of the FTC's Consumer Information System. See FTC- IV-1 above. VI. FTC Mailing List Systems of Records FTC-VI-1 (Mailing and Contact Lists--FTC). The FTC is revising the title and other portions of this SORN to clarify the scope, nature, and purpose of these records. VII. FTC Miscellaneous Systems of Records FTC-VII-1 (Automated Library Management System--FTC). The FTC has revised the system name, previously ``Automated Serials Routing System,'' to provide a more accurate description of this system's scope and purpose. The FTC has made other revisions to provide a more detailed explanation of the records maintained in the system, and the categories of individuals covered by the system. FTC-VII-2 (Employee Locator (STAFFID) System--FTC). The FTC has revised the system name to reflect the internal database name used at the FTC. The FTC has made other revisions to clarify the uses and purpose of the system. FTC-VII-3 (Computer Systems User Identification and Access Records--FTC). The FTC has revised the system name and other portions of the SORN to clarify the system's scope and purpose. FTC-VII-4 (Call Detail Records--FTC). The FTC is adding this SORN to cover records that the FTC maintains on telephone usage by employees, contractors and other individuals, consistent with the Office of Management & Budget (OMB) model SORN for such records. See 52 FR 12990 (1987). This SORN is intended to authorize the FTC to retrieve such usage records by individual user name, phone number or other personal identifier. This SORN replaces the SORN previously designated as FTC-VII-4, which covered the Standard Name System, an internal directory that was previously used to ensure the standardized spelling of proper names of individuals and entities in Commission matters, which the Commission no longer uses or maintains. FTC-VII-5 (Property Management System--FTC). The FTC has made minor technical and stylistic changes to this SORN, which covers property logs or other records that the FTC maintains to account for FTC office equipment, keys, or other FTC property assigned to individual employees or others. FTC-VII-6 (Document Management and Retrieval System--FTC). The FTC has revised the system name and made other revisions to the scope of this SORN. This SORN covers legacy (microfiche) and current electronic data collections of FTC memoranda and other agency records that may be managed by and retrieved by the author's name or other personal identifiers. FTC-VII-7 (Administrative Service Order System--FTC). The FTC has made minor technical and stylistic changes to this SORN, which covers the database system used by the FTC's Administrative Service Office to track and fulfill requests made by employees or other individuals for building repairs, maintenance or other administrative services. FTC-VII-8 (Information Technology Service Ticket System--FTC). The FTC has revised this SORN to reflect the fact that the FTC has outsourced this function to a contractor, which now operates and maintains the electronic system used to track and fulfill employee and other requests for computer assistance, repairs, etc. Appendix I (Authorized Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems of Records). The FTC has updated this Appendix to consolidate the routine uses that apply globally to all FTC systems of records, including the most recent routine use published by the FTC in 2007 for disclosures of Privacy Act records if needed to help identify or remedy data breach situations. See 72 FR 31835. The FTC is also adding a new global routine use to clarify that the FTC may disclose Privacy Act records to the FTC's contractors, interns or other authorized FTC individuals who have a need for the record in order to perform officially assigned or designated FTC duties. As required by the Privacy Act, this routine use is compatible with the basis and purpose for which the FTC collects and maintains Privacy Act records, since the Act already authorizes similar internal (intra-agency) disclosures to ``officers and employees'' of the agency as needed [[Page 33597]] to carry out officially assigned or designated duties. See 5 U.S.C. 552a(b)(1). For the public's convenience, the revised Appendix also includes a complete list of other disclosures that the Privacy Act explicitly authorizes, but which the Act does not require the FTC to publish. See 5 U.S.C. 552a(b)(1)-(12). Appendix II (How to Make a Privacy Act Request). The FTC has expanded this Appendix to include more detailed information about how to make a Privacy Act request for access, correction or amendment. It explains that some systems may be exempt from such requests or from other requirements of the Act, and provides other relevant information to individuals who might file such a request. Appendix III (FTC System Locations). This Appendix, which is new, updates and consolidates the addresses of all FTC facilities, including its satellite building in Washington, DC, and regional offices. It also explains that the FTC may maintain records in other leased facilities or, in certain cases, may have contractors operate or maintain Privacy Act record systems off-site. FTC Systems of Records Notices Accordingly, the FTC proposes to revise and update its Privacy Act systems of records as follows: I. FTC Law Enforcement Systems of Records FTC-I-1 SYSTEM NAME: Nonpublic Investigational and Other Nonpublic Legal Program Records--FTC. SECURITY CLASSIFICATION: Not applicable. SYSTEM LOCATION: Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. See Appendix III for other locations where records may be maintained or accessed. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Participants in Commission investigations, rulemaking, advisory, and law enforcement proceedings; parties requesting formal advisory opinions; and consumers who have received redress or who are entitled to redress pursuant to Commission or court orders. (Businesses, sole proprietorships, or corporations are not covered by this system.) Parties requesting informal advisory opinions are covered by FTC-I-3, Informal Advisory Opinion Request and Response Files--FTC. CATEGORIES OF RECORDS IN THE SYSTEM: Name, address, employment status, age, date of birth, financial information, credit information, personal history, and records collected and generated during the investigation, which may include correspondence relating to the investigation; internal staff memoranda; copies of subpoenas issued during the investigation, affidavits, statements from witnesses, transcripts of testimony taken in the investigation, and accompanying exhibits; documents, records or copies obtained during the investigation; interview notes, investigative notes, staff working papers, draft materials, and other documents and records relating to the investigation; opening reports, progress reports, and closing reports; and other investigatory information or data relating to any of the following: investigation files; docketed and consent matters; rulemakings, workshops, and other public proceedings, including comments or other materials submitted in such proceedings; assurances of voluntary compliance; advisory opinions. This system is limited to files and records that are about an individual, and only when the file or record is pulled (``retrieved'') by the name of that individual or other personal identifier (e.g., number, symbol, fingerprint, etc.). As described below, records in this system may become public if they are subject to such disclosure under the FTC's Rules of Practice. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Trade Commission Act, 15 U.S.C. 41 et seq.; Executive Order 10450. PURPOSE(S): To conduct the law enforcement, rulemaking, and advisory responsibilities of the Federal Trade Commission; to make determinations based upon the results of those matters; to report results of investigations to other agencies and authorities for their use in evaluating their programs and imposition of criminal, civil, or administrative sanctions; to report the results of investigations to other agencies or other regulatory bodies for any action deemed appropriate; to make appropriate portions of the records of those matters available to the public (see FTC-I-6, Public Records--FTC); and to maintain records of Commission activities related to those matters, including to make such records available within the FTC for historical, legal research, investigational, and similar purposes (see FTC System VII-6, Document Management and Retrieval System--FTC). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records in this system may be: (1) Made available or referred to federal, state, local or international government authorities for investigation, possible criminal prosecution, civil action, regulatory order, or other law enforcement purpose; (2) Referred to outside experts or consultants when considered appropriate by FTC staff to assist in the conduct of agency matters; (3) Used by Commission contractors with recordkeeping, managerial, and budgeting responsibilities for information management purposes; and (4) Disclosed on the FTC's public record under the FTC's Rules of Practice. See FTC-I-6, Public Records--FTC. See also Appendix I for other ways that the Privacy Act permits the FTC to use or disclose system records outside the agency. DISCLOSURE TO CONSUMER REPORTING AGENCIES: None, except as authorized under 5 U.S.C. 552a(b)(12) when trying to collect a claim of the Government. See Appendix I. For public portions of this system, see the system notice for FTC-I-6. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The FTC maintains these records in various electronic and non- electronic formats and media (e.g., paper, microfilm, CD-ROMs, other digital files). The FTC maintains electronic records in this system using a combination of different databases and applications, rather than maintaining them in a single paper or electronic system. RETRIEVABILITY: Records are indexed by respondent's, participant's, or FTC staff member's name; company name; industry investigation title; and FTC matter number. SAFEGUARDS: For records other than those made public, access is restricted to agency personnel or contractors whose responsibilities require access. Paper records are maintained in lockable rooms or file cabinets. Access to electronic records is controlled by ``user [[Page 33598]] ID'' and password combination and/or other appropriate electronic access or network controls (e.g., firewalls). FTC buildings are guarded and monitored by security personnel, cameras, ID checks, and other physical security measures. RETENTION AND DISPOSAL: Records from submitters in FTC investigations are destroyed or returned to the submitter, if so requested, at the conclusion of the matter, except for those received into the record of any proceeding and any other copies made for official use or that are required to be preserved for their historical or other value under applicable Federal records retention requirements. See 15 U.S.C. 57b-2(b)(5), 16 CFR 4.12. Retention periods for other system records depend on the type of record and the FTC proceeding or matter involved. Records are retained and disposed of under applicable schedules and procedures approved by the National Archives and Records Administration. SYSTEM MANAGER(S) AND ADDRESS: Director, Records and Filings Office, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. NOTIFICATION PROCEDURE; RECORD ACCESS PROCEDURES; AND CONTESTING RECORD PROCEDURES: See Appendix II. RECORD SOURCE CATEGORIES: Individual respondent(s) or proposed respondent(s), defendant(s), company records, complainants, informants, witnesses, participants, FTC employees, commercial sources. EXEMPTIONS CLAIMED FOR THE SYSTEM: Copies of records contained in this system that have been placed on the FTC public record are available upon request or from the FTC's Web site, where applicable. See FTC-I-6, Public Records--FTC. However, pursuant to 5 U.S.C. 552a(k)(2), records in this system that are not on the public record are exempt from the requirements of subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), (I), and (f) of 5 U.S.C. 552a, and the corresponding provisions of 16 CFR 4.13. See FTC Rules of Practice 4.13(m), 16 CFR 4.13(m). FTC-I-2 SYSTEM NAME: Disciplinary Action Investigatory Files--FTC. SECURITY CLASSIFICATION: Not applicable. SYSTEM LOCATION: Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. See Appendix III for other locations where records may be maintained or accessed. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: FTC personnel, counsel for parties in investigative or adjudicative proceedings, and others participating in FTC matters who may be subject to investigation for possible improper or unethical conduct. CATEGORIES OF RECORDS IN THE SYSTEM: Name, address, employment status, age, date of birth, financial information, credit information, personal history, and records collected and generated during the investigation, which may include correspondence relating to the investigation; internal staff memoranda; copies of subpoenas issued during the investigation, affidavits, statements from witnesses, transcripts of testimony taken in the investigation, and accompanying exhibits; documents, records or copies obtained during the investigation; interview notes, investigative notes, staff working papers, draft materials, and other documents and records relating to the investigation; opening reports, progress reports, and closing reports; and other investigatory information or data relating to alleged violations. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Trade Commission Act, 15 U.S.C. 41 et seq.; Executive Order 10450. PURPOSE(S): To conduct disciplinary action investigations; to make determinations based upon the results of the investigations; to report results of investigations to other agencies and authorities for their use in evaluating their programs and imposition of criminal, civil, or administrative sanctions; to report the results of investigations to other agencies or other regulatory bodies for any action deemed appropriate; and to maintain records related to those matters. ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records in this system: (1) May be used to determine whether disciplinary action, including suspension or disbarment from practice before the Commission, is warranted; (2) May be transferred to the Office of Personnel Management, to a court, or a bar association; and (3) May be used by personnel of other agencies, courts, or bar associations to whom the matter is referred. See also Appendix I for other ways that the Privacy Act allows the FTC to use and disclose system records outside the agency. DISCLOSURE TO CONSUMER REPORTING AGENCIES: None, except as authorized under 5 U.S.C. 552a(b)(12) when trying to collect a claim of the Government. See Appendix I. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The FTC generally maintains these records in paper format, although it can also maintain them in other electronic or non-electronic formats and media (e.g., microfilm, CD-ROMs, other digital files). RETRIEVABILITY: Records are indexed by individual's name, company name, industry investigation title, file or docket number. SAFEGUARDS: Access is restricted to agency personnel or contractors whose responsibilities require access. Paper records are maintained in lockable rooms or file cabinets. Access to electronic records is controlled by ``user ID'' and password combination and/or other appropriate electronic access or network controls (e.g., firewalls). FTC buildings are guarded and monitored by security personnel, cameras, ID checks, and other physical security measures. RETENTION AND DISPOSAL: Records are retained and disposed of under applicable schedules and procedures approved by the National Archives and Records Administration. SYSTEM MANAGER(S) AND ADDRESS: Deputy General Counsel for Legal Counsel, Office of General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. NOTIFICATION PROCEDURE; RECORD ACCESS PROCEDURES; AND CONTESTING RECORD PROCEDURES: See Appendix II. RECORD SOURCE CATEGORIES: Individual on whom the record is maintained, complainants, informants, witnesses, and Commission personnel having knowledge or providing analysis of matter. [[Page 33599]] EXEMPTIONS CLAIMED FOR THE SYSTEM: Pursuant to 5 U.S.C. 552a(k)(2), records in this system are exempt from the requirements of subsections (c)(3), (d), (e)(1), (e)(4) (G), (H), (I), and (f) of 5 U.S.C. 552a. See Sec. 4.13(m) of the FTC Rules of Practice, 16 CFR 4.13(m). FTC-I-3 SYSTEM NAME: Informal Advisory Opinion Request and Response Files--FTC. SECURITY CLASSIFICATION: Not applicable. SYSTEM LOCATION: Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. See Appendix III for other locations where records may be maintained or accessed. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Applicants for informal advisory opinions from FTC staff under Sec. 1.1(b) of the Commission's Rules of Practice, 16 CFR 1.1(b). (Applicants for formal advisory opinions from the Commission under Sec. 1.1(a) of the Rules of Practice, 16 CFR 1.1(a), are covered by FTC-I-1, Nonpublic Investigational and Other Nonpublic Legal Program Records--FTC.) CATEGORIES OF RECORDS IN THE SYSTEM: Name, address, and other contact information of requester; correspondence or other documents about the business and the proposed course of action about which an advisory opinion is being sought; FTC staff responses to requests. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Trade Commission Act, 15 U.S.C. 41 et seq. PURPOSE(S): To respond to requests for informal advisory opinions; to maintain records of such requests and the staff's responses; for use by staff in coordinating and preparing future advisory opinions and assuring the consistency of such opinions; to make records of such requests and staff responses available within the FTC for historical, legal research, investigational, and similar purposes (see FTC-VII-6, Document Management and Retrieval System--FTC); and also to make appropriate portions of such records available to the public (see FTC- I-6, Public Records--FTC). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records in this system may be: (1) Referred to appropriate federal or state agencies for advice, for law enforcement, or where law enforcement action may be warranted; and (2) Disclosed on the FTC's public record under the FTC's Rules of Practice. see FTC-I-6, Public Records--FTC. See also Appendix I for other ways that the Privacy Act allows the FTC to use or disclose system records outside the agency. DISCLOSURE TO CONSUMER REPORTING AGENCIES: None, except as authorized under 5 U.S.C. 552a(b)(12) when trying to collect a claim of the Government. See Appendix I. For public portions of this system, see the system notice for FTC-I-6. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The FTC generally maintains these records in paper format, although it can also maintain them in other electronic or non-electronic formats and media (e.g., microfilm, CD-ROMs, other digital files). RETRIEVABILITY: Records are indexed by name of requesting party. SAFEGUARDS: For records other than those made public, access is restricted to agency personnel or contractors whose responsibilities require access. Paper records are maintained in lockable rooms or file cabinets. Access to electronic records is controlled by ``user ID'' and password combination and/or other appropriate electronic access or network controls (e.g., firewalls). FTC buildings are guarded and monitored by security personnel, cameras, ID checks, and other physical security measures. RETENTION AND DISPOSAL: Records are retained and disposed of under applicable schedules and procedures approved by the National Archives and Records Administration. SYSTEM MANAGER(S) AND ADDRESS: Director, Records and Filings Office, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. NOTIFICATION PROCEDURE; RECORD ACCESS PROCEDURES; AND CONTESTING RECORD PROCEDURES: See Appendix II. RECORD SOURCE CATEGORIES: Individual proprietorship, corporation, or other business organization, counsel seeking or receiving a staff advisory opinion, and FTC employees. EXEMPTIONS CLAIMED FOR THE SYSTEM: None. FTC-I-4 SYSTEM NAME: Clearance Application and Response Files--FTC. SECURITY CLASSIFICATION: Not applicable. SYSTEM LOCATION: Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. See Appendix III for other locations where records may be maintained or accessed. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Former members or employees of the Commission who request authorization to appear or participate in a proceeding or investigation, formal or informal, which was pending in any manner in the Commission during that individual's tenure at the Commission. CATEGORIES OF RECORDS IN THE SYSTEM: Name, address, and current employment status of the requesting individual, as well as the nature of any connection with the proceeding or investigation for which clearance is sought; letters responding to those requests indicating the determination of the Commission and outlining reasons for any denial or restriction; internal Commission memoranda evaluating the request and discussing the status of any relevant pending matters. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Trade Commission Act, 15 U.S.C. 41 et seq. PURPOSE(S): To evaluate applications; to make determinations in response to those applications; to maintain records of consideration given to applications requesting authorization to appear in Commission proceedings; to ensure no conflict of interest between former members or employees of the Commission and active proceedings; to make records of such applications and the agency's responses available within the FTC for historical, legal research, investigational, and similar purposes (see FTC-VII-6, Document Management and Retrieval System-- FTC); and also to make appropriate portions of such [[Page 33600]] records available to the public (see FTC-I-6, Public Records--FTC). ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records in this system may be disclosed on the FTC's public record under the FTC's Rules of Practice. See FTC-I-6, Public Records--FTC. See also Appendix I for other ways that the Privacy Act permits the FTC to use or disclose system records outside the agency. DISCLOSURE TO CONSUMER REPORTING AGENCIES: None, except as authorized under 5 U.S.C. 552a(b)(12) when trying to collect a claim of the Government. See Appendix I. For public portions of this system, see the system notice for FTC-I-6. POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: The FTC generally maintains these records in paper format, although it can also maintain them in other electronic or non-electronic formats and media (e.g., microfilm, CD-ROMs, other digital files). RETRIEVABILITY: Indexed by name of the applicant and by the name of the investigation or proceeding. SAFEGUARDS: For records other than those made public, access is restricted to agency personnel or contractors whose responsibilities require access. Paper records are maintained in lockable rooms or file cabinets. Access to electronic records is controlled by ``user ID'' and password combination and/or other appropriate electronic access or network controls (e.g., firewalls). FTC buildings are guarded and monitored by security personnel, cameras, ID checks, and other physical security measures. RETENTION AND DISPOSAL: Records are retained and disposed of under applicable schedules and procedures approved by the National Archives and Records Administration. SYSTEM MANAGER(S) AND ADDRESS: Deputy General Counsel for Legal Counsel, Office of General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. NOTIFICATION PROCEDURE; RECORD ACCESS PROCEDURES; AND CONTESTING RECORD PROCEDURES: See Appendix II. RECORD SOURCE CATEGORIES: Individual on whom the record is maintained and Commission staff who prepare the memoranda and response to request. EXEMPTIONS CLAIMED FOR THE SYSTEM: Copies of records contained in this system that have been placed on the FTC public record are available upon request or from the FTC's Web site, where applicable. See FTC-I-6, Public Records--FTC. However, pursuant to 5 U.S.C. 552a(k)(2), records in this system, which reflect records that are contained in other systems of records that are designated as exempt, are exempt from the requirements of subsections (c)(3), (d), (e)(1), (e)(4)(G), (H), (I), and (f) of 5 U.S.C. 552a. See Sec. 4.13(m) of the FTC Rules of Practice, 16 CFR 4.13(m). FTC-I-5 SYSTEM NAME: Matter Management System--FTC. SECURITY CLASSIFICATION: Not applicable. SYSTEM LOCATION: Federal Trade Commission, 600 Pennsylvania Avenue, NW., Washington, DC 20580. See Appendix III for other locations where records may be maintained or accessed. CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM: Past and present Commission employees, and other participants or parties in Commission investigations, rulemaking, advisory, and law enforcement matters or proceedings. (Businesses, sole proprietorships, or corporations are not covered by this system.) CATEGORIES OF RECORDS IN THE SYSTEM: For records about past or present Commission employees: name; employee identification number; organization name and code; employee work activities; and specific responsibilities and assignments on individual matters. For others: records related to investigatory, rulemaking, advisory opinion and other matters or proceedings, including name and associated matter number; matter status; alleged or potential law violation; and goods or services associated with the proceeding. The records also include brief descriptions or summaries of planned or actual actions or events during an FTC investigation, rulemaking, court case, or other FTC matter or proceeding. The system also includes records of assignments, votes, circulations, or other activities or actions of the FTC's Commissioners on agency proceedings and matters. AUTHORITY FOR MAINTENANCE OF THE SYSTEM: Federal Trade Commission Act, 15 U.S.C. 41 et seq. PURPOSE(S): This system, currently known within the FTC as Matter Management System 2 (MMS2), is used to record and track the status or occurrence of planned or actual actions and events that may arise in investigations, rulemakings, or other Commission matters, and to generate status or history reports on these actions, events, and matters for use by Commission management and staff, in combination, as needed, with matter-related data from other systems (e.g., FTC-II-13, Staff Time and Attendance Reporting (STAR) System--FTC). Specific purposes of this system (FTC-I-5) include: to maintain records of employee work and Commission law enforcement activities; to make workload and budget determinations and personnel-related evaluations; to assist in investigative and adjudicative proceedings, enforcement actions, civil penalty proceedings, consideration of compliance reports, issuance of cease and desist orders, advisory opinions, and other Commission matters and proceedings; to refer information compiled in system records to experts and consultants when considered appropriate by Commission staff; and to use those records to properly manage Commission resources. This system includes a subsystem of records (formerly known as the Office of the Secretary Control and Reporting System or OSCAR) to record and keep track of the status of matters pending for a vote or other review or action before the full Commission (i.e., the five Federal Trade Commissioners). The specific purposes of those records include: to process and control assignments made to individual Commissioners; to coordinate the consideration of and votes on appropriate issues; to assist Commissioners and staff in investigative, adjudicative and rulemaking proceedings, enforcement actions, civil penalty proceedings, consideration of compliance reports, issuance of complaints, negotiation of consent orders, issuance of cease and desist orders, advisory opinions, and other matters before the Commission; and to retain records of the matters before the Commission, the Commission's deliberations and decisions concerning those matters, and related documents. [[Page 33601]] ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES: Records in this system: (1) May be made available or referred to federal, state, local or international government authorities for investigation, possible criminal prosecution, civil action, regulatory order or other law enforcement purpose; and (2) May be disclosed on the FTC's public record under the FTC's Rules of Practice. See FTC-I-6, Public Records--FTC. See also Appendix I for other ways that the Privacy Act permits the FTC to use or disclose system records outside the agency. DISCLOSURE TO CONSUMER REPORTING AGENCIES: None, except authorized under 5 U.S.C. 552a(b)(12) when trying to collect a claim of the Government. See Appendix I. For public portions of this system, see the system notice for FTC-I-6 (Public Records-- FTC). POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM: STORAGE: System records are primarily maintained and accessed electronically. The system can generate electronic or printed status or history reports. RETRIEVABILITY: Indexed by Commissioner, staff, or other individual name, employee identification number, matter number, respondent's or correspondent's name, company name, industry investigation title, and FTC matter number. SAFEGUARDS: For records other than those made public, access is restricted to agency personnel or contractors whose responsibilities require access. Access to nonpublic electronic records is controlled by ``user ID'' and password combination and/or other appropriate electronic access or network controls (e.g., firewalls). FTC buildings are guarded and monitored by
