Privacy Act of 1974; System of Records, 14814-14815 [E7-5821]

Download as PDF 14814 Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Notices jlentini on PROD1PC65 with NOTICES Staff also believes that, based on its knowledge of the industry, this burden will fall primarily on mail order and Internet-based sellers of contact lenses, as they are the entities in the industry most reliant on obtaining or verifying contact lens prescriptions. Based on conversations with the industry, staff estimates that these entities currently account for approximately 10% of sales in the contact lens market 3 and, by extension, that approximately 3.8 million consumers—10% of the 38 million contact lens wearers in the United States—purchase their lenses from them. At an estimated five minutes per sale to each of 3.8 million consumers, contact lens sellers will spend a total of 316,667 burden hours complying with the recordkeeping requirement. [(3.8 million × 5 minutes)/60 minutes = 316,667 hours] This estimate likely overstates the actual burden, however, because it includes the time spent by sellers who already keep records pertaining to contact lens sales in the ordinary course of business. In addition, the estimate may overstate the time spent by sellers to the extent that records (e.g., verification requests) are generated and stored automatically and electronically, which staff understands is the case for some larger online sellers. Estimated labor costs: $32,819,000 (rounded to the nearest thousand). Commission staff derived labor costs by applying appropriate hourly cost figures to the burden hours described above. Staff estimates, based on its knowledge of the industry, that optometrists account for approximately 75% of prescribers. Consequently, for simplicity, staff will focus on their average hourly wage in estimating prescribers’ labor cost burden. According to Bureau of Labor Statistics from May 2005, salaried optometrists earn an average wage of $45.91 per hour and clerical personnel earn an average of $11.82 per hour.4 With these categories of personnel, 3 The FTC’s February 2005 study, ‘‘The Strength of Competition in the Rx Sale of Contact Lenses: An FTC Study,’’ cites various data that, averaged together, suggests that approximately 10% of contact lens sales are by online and mail-order sellers. The report is available online at https:// www.ftc.gov/reports/contactlens/ 050214contactlensrpt.pdf. 4 Optometrist hourly wages are drawn from the Bureau of Labor Statistics (BLS) Occupational Employment and Statistics Survey, May 2005, based on BLS-sampled data it collected over a 3year period. See https://www.bls.gov/news.release/ pdf/ocwage.pdf (Table 1). Relevant clerical hourly rates are unavailable from that survey, however, and are drawn instead from the BLS National Compensation Survey, June 2005 (with 2005 as the most recent whole year information available, and June the focal median point). See https:// www.bls.gov/ncs/ocs/sp/ncbl0832.pdf (Table 1.1). VerDate Aug<31>2005 17:20 Mar 28, 2007 Jkt 211001 respectively, likely to perform the brunt of the disclosure and recordkeeping aspects of the Rule, estimated total labor cost attributable to the Rule would be approximately $32.8 million. [($45.91 × 633,333 hours) + ($11.82 × 316,667 hours) = $32,819,322] The contact lens market is a multibillion dollar market; one recent survey estimates that contact lens sales totaled $2.37 billion from Jan 1, 2006 to Dec 31, 2006.5 Thus, the total labor cost burden estimate of $32.8 million represents approximately 1% of the overall market. Estimated annual non-labor cost burden: $0 or minimal. Staff believes that the Rule’s disclosure and recordkeeping requirements impose negligible capital or other non-labor costs, as the affected entities are likely to have the necessary supplies and/or equipment already (e.g., prescription pads, patients’ medical charts, facsimile machines and paper, telephones, and recordkeeping facilities such as filing cabinets or other storage). William Blumenthal, General Counsel. [FR Doc. E7–5819 Filed 3–28–07; 8:45 am] BILLING CODE 6750–01–P FEDERAL TRADE COMMISSION Privacy Act of 1974; System of Records AGENCY: Federal Trade Commission (FTC). Proposed routine use; request for public comment. ACTION: SUMMARY: The FTC proposes to adopt a new routine use that would permit disclosure of FTC records governed by the Privacy Act when reasonably necessary to respond and prevent, minimize, or remedy harm that may result from an agency data breach or compromise. The deadline for public comments is April 30, 2007. Comments received after that date will be considered at the FTC’s discretion. ADDRESSES: Interested parties are invited to submit written comments. Comments should refer to ‘‘Privacy Act of 1974; System of Records: FTC File 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 DATES: 5 The Vision Council of America and Jobson Optical Research have conducted large scale continuous consumer research under the name VisionWatch, which reports on the vision care industry. The basis for this statistic is on file with the Federal Trade Commission. PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 envelope and should be mailed or delivered, with two complete copies, to the following address: Federal Trade Commission, Room H–135 (Annex H), 600 Pennsylvania Ave., 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 Commission is subject to delay, please consider submitting your comments in electronic form, as prescribed below. However, if the comment contains any material for which confidential treatment is requested, it must be filed in paper form, and the first page of the document must be clearly labeled ‘‘Confidential.’’ 1 Comments filed in electronic form should be submitted by following the instructions on the web-based form at https://secure.commentworks.com/ PrivacyAct1974. To ensure that the Commission considers an electronic comment, you must file it on the webbased form at the https:// secure.commentworks.com/ PrivacyAct1974 weblink. If this notice appears at www.regulations.gov, you may also file an electronic comment through that Web site. The Commission will consider all comments that regulations.gov forwards to it. The FTC Act and other laws the Commission administers permit the collection of public comments to consider and use in this matter as appropriate. All timely and responsive public comments will be considered by the Commission and will be available to the public on the FTC Web site, to the extent practicable, at 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 Web site. More information, including routine uses permitted by the Privacy Act, may be found in the FTC’s privacy policy at https://www.ftc.gov/ftc/ privacy.htm. FOR FURTHER INFORMATION CONTACT: Alex Tang, Attorney, FTC, Office of General 1 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). E:\FR\FM\29MRN1.SGM 29MRN1 jlentini on PROD1PC65 with NOTICES Federal Register / Vol. 72, No. 60 / Thursday, March 29, 2007 / Notices Counsel, 600 Pennsylvania Ave. NW, Washington, DC 20580, 202–326–2447, atang@ftc.gov. SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, this document provides public notice that the FTC is proposing to adopt a new ‘‘routine use’’ that will apply to all FTC records systems covered by the Privacy Act of 1974. The Act applies to agency systems of records about individuals that the agency maintains and retrieves by name or other personal identifier, such as its personnel and payroll systems and certain other FTC records systems. A list of the agency’s current Privacy Act records systems can be viewed on the FTC’s Web site at: https://www.ftc.gov/ foia/listofpasystems.htm. The new routine use would be added to Appendix 1, which describes routine uses that apply globally to all FTC Privacy Act records systems. See 57 FR 45678 (1992), https://www.ftc.gov/foia/ sysnot/appendix1.pdf. This new routine use is needed in order to allow for disclosure of records to appropriate persons and entities for purposes of response and remedial efforts in the event of a breach of data contained in the protected systems. This routine use will facilitate an effective response to a confirmed or suspected breach by allowing for disclosure to individuals affected by the breach, in cases, if any, where such disclosure is not otherwise authorized under the Act. This routine use will also authorize disclosures to others who are in a position to assist in response efforts, either by assisting in notification to affected individuals or otherwise playing a role in preventing, minimizing, or remedying harms from the breach. The Privacy Act authorizes the agency to adopt routine uses that are consistent with the purpose for which information is collected and subject to that Act. 5 U.S.C. 552a(b)(3); see also 5 U.S.C. 552a(a)(7). The FTC believes that it is consistent with the collection of information pertaining to such individuals to disclose Privacy Act records when, in doing so, it will help prevent, minimize or remedy a data breach or compromise that may affect such individuals. By contrast, the FTC believes that failure to take reasonable steps to help prevent, minimize the harm that may result from such a breach or compromise would jeopardize, rather than promote, the privacy of such individuals. Accordingly, the Commission concludes that it is authorized under the Privacy Act to adopt a routine use permitting VerDate Aug<31>2005 17:20 Mar 28, 2007 Jkt 211001 disclosure of Privacy Act records for such purposes. In accordance with the Privacy Act, see 5 U.S.C. 552a(e)(4) and (11), the FTC is publishing notice of this routine use and giving the public a 30-day period to comment before adopting it as final. The FTC is also providing at least 40 days advance notice of this proposed system notice amendment to OMB and the Congress, as required by the Act, 5 U.S.C. 552a(r), and OMB Circular A– 130, Revised, Appendix I. We note that the text of this routine use is taken from the routine use that has already been published in final form by the Department of Justice after public comment. See 72 FR 3410 (Jan. 25, 2007). Similarly, after taking into account comments, if any, received by the FTC, the FTC intends to publish its proposed routine use as final after the period for OMB and Congressional review is complete, including whatever revisions may be deemed appropriate or necessary, if any. Accordingly, the FTC hereby proposes to amend Appendix 1 of its Privacy Act system notices, as published at 57 FR 45678, by adding the following new routine use at the end of the existing routine uses set forth in that Appendix: * * * * * To appropriate agencies, entities, and persons when (1) the FTC suspects or has confirmed that the security or confidentiality of information in the system of records has been compromised; (2) the FTC has determined that as a result of the suspected or confirmed compromise there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of this system or other systems or programs (whether maintained by the FTC or another agency or entity) that rely upon the compromised information; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with the FTC’s efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm. By direction of the Commission. Donald S. Clark, Secretary. [FR Doc. E7–5821 Filed 3–28–07; 8:45 am] BILLING CODE 6750–01–P PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 14815 DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Chronic Care Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 14th meeting of the American Health Information Community Chronic Care Workgroup in accordance with the Federal Advisory Committee Act (Pub. L. 92–463, 5 U.S.C., App.). DATES: April 26, 2007, from 1 p.m. to 4 p.m. Eastern Daylight Time. ADDRESSES: Mary C. Switzer Building (330 C Street, SW., Washington, DC 20201), Conference Room 4090. Please bring photo ID for entry to a Federal building. FOR FURTHER INFORMATION CONTACT: https://www.hhs.gov/healthit/ahic/ chroniccare/. SUPPLEMENTARY INFORMATION: The Workgroup will continue its discussion on ways to deploy widely available, secure technologies solutions for remote monitoring and assessment of patients and for communication between clinicians about patients. The meeting will be available via Web cast. For additional information, go to: https://www.hhs.gov/healthit/ahic/ chroniccare/cc_instruct.htm. Dated: March 22, 2007. Judith Sparrow, Director, American Health Information Community, Office of Programs and Coordinator, Office of the National Coordinator for Health Information Technology. [FR Doc. 07–1539 Filed 3–28–07; 8:45 am] BILLING CODE 4150–24–M DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the National Coordinator for Health Information Technology; American Health Information Community Population Health and Clinical Care Connections Workgroup Meeting ACTION: Announcement of meeting. SUMMARY: This notice announces the 15th meeting of the American Health Information Community Population Health and Clinical Care Connections Workgroup [formerly Biosurveillance Workgroup] in accordance with the Federal Advisory Committee Act (Pub. L. 92–463, 5 U.S.C., App.). E:\FR\FM\29MRN1.SGM 29MRN1

Agencies

[Federal Register Volume 72, Number 60 (Thursday, March 29, 2007)]
[Notices]
[Pages 14814-14815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5821]


-----------------------------------------------------------------------

FEDERAL TRADE COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Federal Trade Commission (FTC).

ACTION: Proposed routine use; request for public comment.

-----------------------------------------------------------------------

SUMMARY: The FTC proposes to adopt a new routine use that would permit 
disclosure of FTC records governed by the Privacy Act when reasonably 
necessary to respond and prevent, minimize, or remedy harm that may 
result from an agency data breach or compromise.

DATES: The deadline for public comments is April 30, 2007. Comments 
received after that date will be considered at the FTC's discretion.

ADDRESSES: Interested parties are invited to submit written comments. 
Comments should refer to ``Privacy Act of 1974; System of Records: FTC 
File 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, with two 
complete copies, to the following address: Federal Trade Commission, 
Room H-135 (Annex H), 600 Pennsylvania Ave., 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 Commission is subject to delay, please 
consider submitting your comments in electronic form, as prescribed 
below. However, if the comment contains any material for which 
confidential treatment is requested, it must be filed in paper form, 
and the first page of the document must be clearly labeled 
``Confidential.'' \1\
---------------------------------------------------------------------------

    \1\ 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 following 
the instructions on the web-based form at https://
secure.commentworks.com/PrivacyAct1974. To ensure that the Commission 
considers an electronic comment, you must file it on the web-based form 
at the https://secure.commentworks.com/PrivacyAct1974 weblink. If this 
notice appears at www.regulations.gov, you may also file an electronic 
comment through that Web site. The Commission will consider all 
comments that regulations.gov forwards to it.
    The FTC Act and other laws the Commission administers permit the 
collection of public comments to consider and use in this matter as 
appropriate. All timely and responsive public comments will be 
considered by the Commission and will be available to the public on the 
FTC Web site, to the extent practicable, at 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 Web site. More information, including 
routine uses permitted by the Privacy Act, may be found in the FTC's 
privacy policy at https://www.ftc.gov/ftc/privacy.htm.

FOR FURTHER INFORMATION CONTACT: Alex Tang, Attorney, FTC, Office of 
General

[[Page 14815]]

Counsel, 600 Pennsylvania Ave. NW, Washington, DC 20580, 202-326-2447, 
atang@ftc.gov.

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974, 
5 U.S.C. 552a, this document provides public notice that the FTC is 
proposing to adopt a new ``routine use'' that will apply to all FTC 
records systems covered by the Privacy Act of 1974. The Act applies to 
agency systems of records about individuals that the agency maintains 
and retrieves by name or other personal identifier, such as its 
personnel and payroll systems and certain other FTC records systems. A 
list of the agency's current Privacy Act records systems can be viewed 
on the FTC's Web site at: https://www.ftc.gov/foia/listofpasystems.htm. 
The new routine use would be added to Appendix 1, which describes 
routine uses that apply globally to all FTC Privacy Act records 
systems. See 57 FR 45678 (1992), https://www.ftc.gov/foia/sysnot/
appendix1.pdf.
    This new routine use is needed in order to allow for disclosure of 
records to appropriate persons and entities for purposes of response 
and remedial efforts in the event of a breach of data contained in the 
protected systems. This routine use will facilitate an effective 
response to a confirmed or suspected breach by allowing for disclosure 
to individuals affected by the breach, in cases, if any, where such 
disclosure is not otherwise authorized under the Act. This routine use 
will also authorize disclosures to others who are in a position to 
assist in response efforts, either by assisting in notification to 
affected individuals or otherwise playing a role in preventing, 
minimizing, or remedying harms from the breach.
    The Privacy Act authorizes the agency to adopt routine uses that 
are consistent with the purpose for which information is collected and 
subject to that Act. 5 U.S.C. 552a(b)(3); see also 5 U.S.C. 552a(a)(7). 
The FTC believes that it is consistent with the collection of 
information pertaining to such individuals to disclose Privacy Act 
records when, in doing so, it will help prevent, minimize or remedy a 
data breach or compromise that may affect such individuals. By 
contrast, the FTC believes that failure to take reasonable steps to 
help prevent, minimize the harm that may result from such a breach or 
compromise would jeopardize, rather than promote, the privacy of such 
individuals. Accordingly, the Commission concludes that it is 
authorized under the Privacy Act to adopt a routine use permitting 
disclosure of Privacy Act records for such purposes.
    In accordance with the Privacy Act, see 5 U.S.C. 552a(e)(4) and 
(11), the FTC is publishing notice of this routine use and giving the 
public a 30-day period to comment before adopting it as final. The FTC 
is also providing at least 40 days advance notice of this proposed 
system notice amendment to OMB and the Congress, as required by the 
Act, 5 U.S.C. 552a(r), and OMB Circular A-130, Revised, Appendix I. We 
note that the text of this routine use is taken from the routine use 
that has already been published in final form by the Department of 
Justice after public comment. See 72 FR 3410 (Jan. 25, 2007). 
Similarly, after taking into account comments, if any, received by the 
FTC, the FTC intends to publish its proposed routine use as final after 
the period for OMB and Congressional review is complete, including 
whatever revisions may be deemed appropriate or necessary, if any.
    Accordingly, the FTC hereby proposes to amend Appendix 1 of its 
Privacy Act system notices, as published at 57 FR 45678, by adding the 
following new routine use at the end of the existing routine uses set 
forth in that Appendix:
* * * * *
    To appropriate agencies, entities, and persons when (1) the FTC 
suspects or has confirmed that the security or confidentiality of 
information in the system of records has been compromised; (2) the FTC 
has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the FTC or 
another agency or entity) that rely upon the compromised information; 
and (3) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the FTC's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.

    By direction of the Commission.
Donald S. Clark,
Secretary.
[FR Doc. E7-5821 Filed 3-28-07; 8:45 am]
BILLING CODE 6750-01-P