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[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]]

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Part IV

Federal Trade Commission

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 Privacy Act of 1974; System of Records Notices; Notice

[[Page 33592]]

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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.

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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\
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    \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).
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    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\
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    \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.
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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