Privacy Act of 1974; Report of Modified or Altered System of Records, 4435-4436 [2010-33005]

Agencies

• Centers for Disease Control and Prevention
• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4435-4436]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33005]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Centers for Disease Control and Prevention


Privacy Act of 1974; Report of Modified or Altered System of 
Records

AGENCY: National Institute for Occupational Safety and Health (NIOSH), 
Centers for Disease Control and Prevention (CDC), Department of Health 
and Human Services (DHHS).

ACTION: Notification of Proposed Altered System of Records.

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SUMMARY: The Department of Health and Human Services proposes to alter 
System of Records, 09-20-0001, ``Certifying Interpreting Physician 
File, HHS/CDC/NIOSH.'' HHS is proposing to add the following Breach 
Response Routine Use Language to comply with the Office of Management 
and Budget (OMB) Memoranda (M) 07-16, Safeguarding Against and 
responding to the Breach of Personally Identifiable Information:
    To appropriate Federal agencies and Department contractors that 
have a need to know the information for the purpose of assisting the 
Department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information disclosed is relevant 
and necessary for that assistance.
    These records will be maintained by the Division of Respiratory 
Disease Studies (DRDS), National Institute for Occupational Safety and 
Health (NIOSH).

DATES: Comments must be received on or before February 24, 2011. The 
proposed altered System of Records will be effective 40 days from the 
date submitted to the OMB, unless NIOSH receives comments that would 
result in a contrary determination.

ADDRESSES: You may submit comments, identified by the Privacy Act 
System of Record Number 09-20-0001:
     Federal eRulemaking Portal: https://regulations.gov. Follow 
the instructions for submitting comments.
     E-mail: Include PA SOR number 09-20-0001 in the subject 
line of the message.
     Phone: 770/488-8660 (not a toll-free number).
     Fax: 770/488-8659.
     Mail: HHS/CDC Senior Official for Privacy (SOP), Office of 
the Chief Information Security Officer (OCISO), 4770 Buford Highway--M/
S: F-35, Chamblee, GA 30341.
     Hand Delivery/Courier: HHS/CDC Senior Official for Privacy 
(SOP), Office of the Chief Information Security Officer (OCISO), 4770 
Buford Highway--M/S: F-35, Chamblee, GA 30341.
     Comments received will be available for inspection and 
copying at this same address from 9 a.m. to 3 p.m., Monday through 
Friday, Federal holidays excepted.

SUPPLEMENTARY INFORMATION: NIOSH proposes to alter System of Records, 
No. 09-20-0001, ``Certifying Interpreting Physician File, HHS/CDC/
NIOSH.'' The main purpose is to certify physicians as qualified to 
interpret X-rays using the ILO system of classification for 
pneumoconiosis.
    This System of Record Notice is being altered to add the Breach 
Response Routine Use Language to comply with the Office of Management 
and Budget (OMB) memorandum dated May 22, 2007.
    The following notice is written in the present tense, rather than 
the future tense, in order to avoid the unnecessary expenditure of 
public funds to republish the notice after the System has become 
effective.

    Dated: December 11, 2009.
James D. Seligman,
Chief Information Officer, Centers for Disease Control and Prevention.

    Editorial Note: This document was received at the Office of the 
Federal Register on December 27, 2010.

Department of Health and Human Services (HHS)

Centers for Disease Control and Prevention (CDC)

National Institue for Occupational Safety and Health (NIOSH)

Certifying Interpreting Physician File--Report of Modified or Altered 
System of Records

Narrative Statement

I. Background and Purpose of the System

A. Background

    The Department of Health and Human Services proposes to alter 
System of Records, 09-20-0001, ``Certifying Interpreting Physician 
File, HHS/CDC/NIOSH.'' HHS is proposing to add the following Breach 
Response Routine Use Language to comply with the Office of Management 
and Budget (OMB) Memoranda (M) 07-16, Safeguarding Against and 
responding to the Breach of Personally Identifiable Information:
    To appropriate Federal agencies and Department contractors that 
have a need to know the information for the purpose of assisting the 
Department's efforts to respond to a suspected or confirmed breach of 
the security or confidentiality of information disclosed is relevant 
and necessary for that assistance.

B. Purpose

    The main purpose of this system is certify physicians as qualified 
to interpret X-rays using the ILO system of classification for 
pneumoconiosis.

II. Authority for Maintenance of the System

    The statutory authority for this system is given under the Federal 
Mine Safety and Health Act of 1977, Sections 203, ``Medical 
Examinations'' and 501, ``Research'' (30 U.S.C. 843, 951).

III. Proposed Routine Use Disclosures of Data in the System

    This System of Records contains information such as Name, address, 
and phone number supplied to coal operators and X-ray facilities so 
that they may contact physicians to do work for them. Physicians who 
have taken the

[[Page 4436]]

test to be certified to interpret X-rays under the Federal Mine Safety 
and Health Act of 1977. Records are also maintained on physicians who 
have attempted to obtain certification, but did not qualify.
    The Privacy Act allows us to disclose information without an 
individual's consent if the information is to be used for a purpose 
that is compatible with the purpose(s) for which the information was 
collected. Any such compatible use of data is known as a ``routine 
use''.
    The routine uses proposed for this System are compatible with the 
stated purpose of the System:
    1. Disclosure may be made to a congressional office from the record 
of an individual in response to a verified inquiry from the 
congressional office made at the written request of that individual.
    2. The Department of Health and Human Services (HHS) may disclose 
information from this system of records to the Department of Justice or 
to a court or other tribunal, when: (a) HHS, or any component thereof; 
or (b) any HHS employee in his or her official capacity; or (c) any HHS 
employee in his or her individual capacity where the Department of 
Justice (or HHS, where it is authorized to do so) has agreed to 
represent the employee; or (d) the United States or any agency thereof 
where HHS determines that the litigation is likely to affect HHS or any 
of its components, is a party to litigation or has an interest in such 
litigation, and HHS determines that the use of such records by the 
Department of Justice, the court or other tribunal is relevant and 
necessary to the litigation and would help in the effective 
representation of the governmental party, provided, however, that in 
each case, HHS determines that such disclosure is compatible with the 
purpose for which the records were collected.
    3. Records subject to the Privacy Act are disclosed to private 
firms for data entry, computer systems analysis and computer 
programming services. The contractors promptly return data entry 
records after the contracted work is completed. The contractors are 
required to maintain Privacy Act safeguards.
    4. In the event of litigation initiated at the request of NIOSH, 
the Institute may disclose such records as it deems desirable or 
necessary to the Department of Justice and to the Department of Labor, 
Office of the Solicitor, where appropriate, to enable the Departments 
to effectively represent the Institute, provided such disclosure is 
compatible with the purpose for which the records were collected. The 
only types of litigative proceedings that NIOSH is authorized to 
request are: (1) Enforcement of a subpoena issued to an employer to 
provide relevant information; or (2) contempt citation against an 
employer for failure to comply with a warrant obtained by the 
Institute.
    5. Records may be disclosed to appropriate federal agencies and 
Department contractors that have a need to know the information for the 
purpose of assisting the Department's efforts to respond to a suspected 
or confirmed breach of the security or confidentiality of information 
disclosed is relevant and necessary for that assistance.

IV. Effects of the Proposed System of Records on Individual Rights

    The first routine use permits an individual may learn if a record 
exists about himself or herself is by contacting the system manager at 
the address above. Requesters in person must provide driver's license 
or other positive identification. Individuals who do not appear in 
person must either: (1) Submit a notarized request to verify their 
identity; or (2) certify that they are the individuals they claim to be 
and that they understand that the knowing and willful request for or 
acquisition of a record pertaining to an individual under false 
pretenses is a criminal offense under the Privacy Act subject to a 
$5,000 fine.

V. Safeguards

    NIOSH has safeguards in place for authorized users and monitors. 
The records in this System are stored in File folders, microcomputer 
files, computer tapes/disks and printouts, and microfilm. The records 
are retrieved by their name and/or Social Security number, which is 
optional and to be supplied on a voluntary basis. The records in this 
System will be maintained in locked cabinets in locked rooms, 24-hour 
guard service in buildings, personnel screening and escorting of 
visitors, a limited access, secured computer room with fire 
extinguishers and overhead sprinkler system, computer terminals and 
automated records located in secured areas. These practices are in 
compliance with the safeguards outlined above are in accordance with 
the HHS Information Security Program Policy and FIPS Pub 200, ``Minimum 
Security Requirements for Federal Information and Information 
Systems.'' Data maintained on CDC's Mainframe and the NIOSH LAN are in 
compliance with OMB Circular A-130, Appendix III. Security is provided 
for information collection, processing, transmission, storage, and 
dissemination in general support systems and major applications.
    NIOSH or contractor employees involved in patenting and licensing 
of HHS inventions or in keeping records of inventions made by HHS 
contractors and grantees. Access is granted to only a limited number of 
physicians, scientists, statisticians, and designated support staff of 
the Centers for Disease Control and Prevention (CDC), or its 
contractors, as authorized by the system manager to accomplish the 
stated purposes for which the data in this system have been collected. 
Data is also occasionally located at contractor sites as studies are 
developed, data collected, and reports written. A list of contractor 
sites where individually identified data are currently located is 
available upon request to the system manager.

VI. OMB Control Numbers, Expiration Dates, and Titles of Information 
Collection

    A. Full Title: Certifying Interpreting Physician File.
    OMB Control Number: 09-20-0001.
    Expiration Date: TBD.

VII. Supporting Documentation

    A. Preamble and Proposed Notice of System for publication in the 
Federal Register.
    B. Agency Rules: None.
    C. Exemption Requested: None.
    D. Computer Matching Report: The new system does not require a 
matching report in accordance with the computer matching provisions of 
the Privacy Act.

[FR Doc. 2010-33005 Filed 1-24-11; 8:45 am]
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