Privacy Act of 1974; Report of Modified or Altered System of Records, 4454-4456 [2010-33015]
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<![CDATA[
4454
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
respond to a suspected or confirmed
breach of the security or confidentiality
of information disclosed is relevant and
necessary for that assistance.
mstockstill on DSKH9S0YB1PROD with NOTICES2
IV. Effects of the Proposed System of
Records on Individual Rights
The routine uses proposed for this
System are compatible with the stated
purpose of the System:
The first routine use permits an
individual may learn if a record exists
about himself or herself 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.
An individual who requests
notification of or access to medical
records shall, at the time the request is
made, designate in writing a responsible
representative who is willing to review
the record and inform the subject
individual of its contents at the
representative’s discretion.
A parent or guardian who requests
notification of, or access to, a child’s
medical record shall designate a family
physician or other health professional
(other than a family member) to whom
the record, if any, will be sent. The
parent or guardian must verify
relationship to the child by means of a
birth certificate or court order, as well
as verify that he or she is who he or she
claims to be.
The following information must be
provided when requesting notification:
(1) Full name; (2) the approximate date
and place of the study, if known; and (3)
nature of the questionnaire or study in
which the requester participated.
Same as notification procedures.
Requesters should also reasonably
specify the record contents being
sought. An accounting of disclosures
that have been made of the record, if
any, may be requested.
V. Safeguards
The records in this System are stored
in file folders. Service fellow personnel
data is also maintained in an automated
database. The records in this System are
retrieved by the name of the individual,
fellow, or guest researcher.
The records in this System have the
following safeguards in place to
maintain and protect the information as
VerDate Mar<15>2010
22:02 Jan 24, 2011
Jkt 223001
it relates to Authorized users, physical
and procedural safeguards:
Authorized users—A database
security package is implemented on
CDC’s mainframe computer to control
unauthorized access to the system.
Attempts to gain access by unauthorized
individuals are automatically recorded
and reviewed on a regular basis. 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.
Physical Safeguards—A database
security package is implemented on
CDC’s mainframe computer to control
unauthorized access to the system.
Attempts to gain access by unauthorized
individuals are automatically recorded
and reviewed on a regular basis. 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.
Procedural Safeguards—Protection
for computerized records both on the
mainframe and the National Centers’
Local Area Networks (LAN)s includes
programmed verification of valid user
identification code and password prior
to logging on to the system, mandatory
password changes, limited log-ins, virus
protection, and user rights/file attribute
restrictions. Password protection
imposes user name and password log-in
requirements to prevent unauthorized
access. Each user name is assigned
limited access rights to files and
directories at varying levels to control
file sharing. There are routine daily
backup procedures and secure off-site
storage is available. To avoid
inadvertent data disclosure, ‘‘an
additional procedure’’ is performed to
ensure that all data are removed from
Privacy Act computer tapes and/or other
magnetic media. Additional safeguards
may be built into the program by the
system analyst as warranted by the
sensitivity of the data.
CDC and contractor employees who
maintain records are instructed to check
with the system manager prior to
making disclosures of data. When
individually identified data are being
used in a room, admittance at either
CDC or contractor sites is restricted to
specifically authorized personnel.
Privacy Act provisions are included in
contracts, and the CDC Project Director,
contract officers and project officers
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Frm 00024
Fmt 4701
Sfmt 4703
oversee compliance with these
requirements. Upon completion of the
contract, all data will be either returned
to CDC or destroyed, as specified by the
contract.
Implementation Guidelines: The
safeguards outlined above in accordance
with the HHS Information Security
Program Policy and FIPS Pub 200,
‘‘Minimum Security Requirements for
Federal Information and Information
Systems.’’ Data maintained on CDC’s
Mainframe and the National Centers’
LANs are in compliance with OMB
Circular A–130, Appendix III. Security
is provided for information collection,
processing, transmission, storage, and
dissemination in general support
systems and major applications.
The records in this System are
retained and disposed of in the
following way: Records are retained and
disposed of in accordance with the CDC
Records Control Schedule. Records are
maintained in agency for four years.
Disposal methods include erasing
computer media, burning or shredding
paper materials or transferring records
to the Federal Records Center when no
longer needed for evaluation and
analysis. Records destroyed by paper
recycling process when 20 years old,
unless needed for further study.
VI. OMB Control Numbers, Expiration
Dates, and Titles of Information
Collection
A. Full Title: ‘‘Epidemic Investigation
Case Records, HHS/CDC/NCID.’’
OMB Control Number: 09–20–0113.
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. 2010–33014 Filed 1–24–11; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Privacy Act of 1974; Report of Modified
or Altered System of Records
Division of Applied Research
and Technology (DART), National
Institute for Occupational Safety and
Health (NIOSH), Centers for Disease
Control and Prevention (CDC),
AGENCY:
E:\FR\FM\25JAN2.SGM
25JAN2
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
Department of Health and Human
Services (DHHS).
ACTION: Notification of Proposed Altered
System of Records.
The Department of Health and
Human Services proposes to alter
System of Records, 09–20–0117,
‘‘Medical and Test Record Results of
Individuals Involved in NIOSH
Laboratory Studies, 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 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 09–20–0117:
• Federal eRulemaking Portal: https://
regulations.gov. Follow the instructions
for submitting comments.
• E-mail: Include PA SOR number
09–20–0117 in the subject line of the
message.
• Phone: 770/488–8660 (not a tollfree 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.
09–20–0117, ‘‘Medical and Test Record
Results of Individuals Involved in
NIOSH Laboratory Studies, HHS/CDC/
mstockstill on DSKH9S0YB1PROD with NOTICES2
SUMMARY:
VerDate Mar<15>2010
22:02 Jan 24, 2011
Jkt 223001
NIOSH.’’ The purpose of this system is
to develop composite data summaries to
support the development of criteria for
occupational safety and health
standards, and to provide other
recommendations for improving worker
safety and health.
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 Institute for Occupational
Safety and Health (NIOSH)
Medical and Test Record Results of
Individuals Involved in NIOSH
Laboratory Studies—Report of
Modified or Altered System of Records
Narrative Statement
I. Background and Purpose of the
System
A. Background
The Department of Health and Human
Services proposes to alter System of
Records, No. 09–20–0117 ‘‘Medical and
Test Record Results of Individuals
Involved in NIOSH Laboratory Studies,
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 purpose of this system is to
develop composite data summaries to
PO 00000
Frm 00025
Fmt 4701
Sfmt 4703
4455
support the development of criteria for
occupational safety and health
standards, and to provide other
recommendations for improving worker
safety and health.
II. Authority for Maintenance of the
System
Occupational Safety and Health Act,
Section 20, ‘‘Research and Related
Activities’’ (29 U.S.C. 669); and the
Federal Mine Safety and Health Act of
1977, Section 501, ‘‘Research’’ (30 U.S.C.
951).
III. Proposed Routine Use Disclosures
of Data in the System
The Privacy Act allows us to disclose
information without an individual’s
consent if the information is to be used
for a purpose that is compatible with the
purpose(s) for which the information
was collected. Any such compatible use
of data is known as a ‘‘routine use.’’ The
routine uses proposed for this System
are compatible with the stated purpose
of the System:
Disclosure may be made to a
congressional office from the record of
an individual in response to a verified
inquiry from the congressional office
made at the written request of that
individual.
In the event of litigation where the
defendant is: (a) the Department, any
component of the Department, or any
employee of the Department in his or
her official capacity; (b) the United
States where the Department determines
that the claim, if successful, is likely to
directly affect the operations of the
Department or any of its components; or
(c) any Department employee in his or
her individual capacity where the
Department of Justice has agreed to
represent such employee, for example,
in defending a claim against the Public
Health Service based upon an
individual’s mental or physical
condition and alleged to have arisen
because of activities of the Public Health
Service in connection with such
individual, disclosure may be made to
the Department of Justice to enable that
Department to present an effective
defense, provided that such disclosure
is compatible with the purpose for
which the records were collected.
Records 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.
In the event of litigation initiated at
the request of NIOSH, the Institute may
disclose such records as it deems
E:\FR\FM\25JAN2.SGM
25JAN2
4456
Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices
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.
Disclosure may be made to NIOSH
collaborating researchers (NIOSH
contractors, grantees, cooperative
agreement holders, or other Federal or
State scientists) in order to accomplish
the research purpose for which the
records are collected. The collaborating
researchers must agree in writing to
comply with the confidentiality
provisions of the Privacy Act and
NIOSH must have determined that the
researchers’ data security procedures
will protect confidentiality.
Records may be disclosed by CDC in
connection with public health activities
to the Social Security Administration
for sources of locating information to
accomplish the research or program
purposes for which the records were
collected.
Records may be disclosed to
appropriate federal agencies and
Department contractors that have a need
to know the information for the purpose
of assisting the Department’s efforts to
respond to a suspected or confirmed
breach of the security or confidentiality
of information disclosed is relevant and
necessary for that assistance.
mstockstill on DSKH9S0YB1PROD with NOTICES2
IV. Effects of the Proposed System of
Records on Individual Rights
The routine uses proposed for this
System are compatible with the stated
purpose of the System:
The first routine use permits an
individual may learn if a record exists
about himself or herself 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.
VerDate Mar<15>2010
22:02 Jan 24, 2011
Jkt 223001
An individual who requests
notification of or access to medical
records shall, at the time the request is
made, designate in writing a responsible
representative who is willing to review
the record and inform the subject
individual of its contents at the
representative’s discretion.
The following information must be
provided when requesting notification:
(1) full name; (2) the approximate date
and place of the study, if known; and (3)
nature of the questionnaire or study in
which the requester participated.
Same as notification procedures.
Requesters should also reasonably
specify the record contents being
sought. An accounting of disclosures
that have been made of the record, if
any, may be requested.
V. Safeguards
The records in this System are stored
in file folders. Service fellow personnel
data is also maintained in an automated
database. The records in this System are
retrieved by the name of the individual,
fellow, or guest researcher.
The records in this System have the
following safeguards in place to
maintain and protect the information as
it relates to Authorized users, physical
and procedural safeguards:
Authorized users—Access is granted
to only a limited number of physicians,
scientists, statisticians, and designated
support staff of the Centers for Disease
Control and Prevention (CDC), as
authorized by the system manager to
accomplish the stated purposes for
which the data in this system have been
collected.
Physical Safeguards—Locked cabinets
in locked rooms, electronic antiintrusion devices in operation at the
Federal Records Center, security guard
service in buildings, personnel
screening of visitors.
Procedural Safeguards—Users of
individually identified data protect
information from public scrutiny, and
only specifically authorized personnel
may be admitted to the record storage
area. CDC employees who maintain
records are instructed to check with the
system manager prior to making
disclosures of data.
Implementation Guidelines: The
safeguards outlined above in accordance
with the Chapter 45–13, ‘‘Safeguarding
Records Contained in Systems of
Records,’’ of the HHS General
Administration Manual.
The records in this System are
retained and disposed of in the
following way: Personal identifiers are
destroyed as soon as they are no longer
necessary for the protection of the
individuals involved. Records are
PO 00000
Frm 00026
Fmt 4701
Sfmt 4703
maintained in agency for three years.
Records are maintained according to the
provisions of the CDC Records Control
Schedule for NIOSH records. Disposal
methods include burning or shredding
paper materials or transferring records
to the Federal Records Center when no
longer needed for evaluation and
analysis. Records destroyed by paper
recycling process when 20 years old,
unless needed for further study.
VI. OMB Control Numbers, Expiration
Dates, and Titles of Information
Collection
A. Full Title: ‘‘Medical and Test
Record Results of Individuals Involved
in NIOSH Laboratory Studies, HHS/
CDC/NIOSH.’’
OMB Control Number: 09–20–0117.
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. 2010–33015 Filed 1–24–11; 8:45 am]
BILLING CODE 4163–18–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Privacy Act of 1974; Report of Modified
or Altered System of Records
Division of Applied Research
and Technology (DART), 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.
AGENCY:
The Department of Health and
Human Services proposes to alter
System of Records, 09–20–0118, ‘‘Study
at Work Sites Where Agents Suspected
of Being Occupational Hazards Exist,
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
SUMMARY:
E:\FR\FM\25JAN2.SGM
25JAN2
]]>Agencies
[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4454-4456]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33015]
-----------------------------------------------------------------------
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: Division of Applied Research and Technology (DART), National
Institute for Occupational Safety and Health (NIOSH), Centers for
Disease Control and Prevention (CDC),
[[Page 4455]]
Department of Health and Human Services (DHHS).
ACTION: Notification of Proposed Altered System of Records.
-----------------------------------------------------------------------
SUMMARY: The Department of Health and Human Services proposes to alter
System of Records, 09-20-0117, ``Medical and Test Record Results of
Individuals Involved in NIOSH Laboratory Studies, 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 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 09-20-0117:
Federal eRulemaking Portal: https://regulations.gov. Follow
the instructions for submitting comments.
E-mail: Include PA SOR number 09-20-0117 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. 09-20-0117, ``Medical and Test Record Results of Individuals
Involved in NIOSH Laboratory Studies, HHS/CDC/NIOSH.'' The purpose of
this system is to develop composite data summaries to support the
development of criteria for occupational safety and health standards,
and to provide other recommendations for improving worker safety and
health.
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 Institute for Occupational Safety and Health (NIOSH)
Medical and Test Record Results of Individuals Involved in NIOSH
Laboratory Studies--Report of Modified or Altered System of Records
Narrative Statement
I. Background and Purpose of the System
A. Background
The Department of Health and Human Services proposes to alter
System of Records, No. 09-20-0117 ``Medical and Test Record Results of
Individuals Involved in NIOSH Laboratory Studies, 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 purpose of this system is to develop composite data summaries
to support the development of criteria for occupational safety and
health standards, and to provide other recommendations for improving
worker safety and health.
II. Authority for Maintenance of the System
Occupational Safety and Health Act, Section 20, ``Research and
Related Activities'' (29 U.S.C. 669); and the Federal Mine Safety and
Health Act of 1977, Section 501, ``Research'' (30 U.S.C. 951).
III. Proposed Routine Use Disclosures of Data in the System
The Privacy Act allows us to disclose information without an
individual's consent if the information is to be used for a purpose
that is compatible with the purpose(s) for which the information was
collected. Any such compatible use of data is known as a ``routine
use.'' The routine uses proposed for this System are compatible with
the stated purpose of the System:
Disclosure may be made to a congressional office from the record of
an individual in response to a verified inquiry from the congressional
office made at the written request of that individual.
In the event of litigation where the defendant is: (a) the
Department, any component of the Department, or any employee of the
Department in his or her official capacity; (b) the United States where
the Department determines that the claim, if successful, is likely to
directly affect the operations of the Department or any of its
components; or (c) any Department employee in his or her individual
capacity where the Department of Justice has agreed to represent such
employee, for example, in defending a claim against the Public Health
Service based upon an individual's mental or physical condition and
alleged to have arisen because of activities of the Public Health
Service in connection with such individual, disclosure may be made to
the Department of Justice to enable that Department to present an
effective defense, provided that such disclosure is compatible with the
purpose for which the records were collected.
Records 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.
In the event of litigation initiated at the request of NIOSH, the
Institute may disclose such records as it deems
[[Page 4456]]
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.
Disclosure may be made to NIOSH collaborating researchers (NIOSH
contractors, grantees, cooperative agreement holders, or other Federal
or State scientists) in order to accomplish the research purpose for
which the records are collected. The collaborating researchers must
agree in writing to comply with the confidentiality provisions of the
Privacy Act and NIOSH must have determined that the researchers' data
security procedures will protect confidentiality.
Records may be disclosed by CDC in connection with public health
activities to the Social Security Administration for sources of
locating information to accomplish the research or program purposes for
which the records were collected.
Records may be disclosed to appropriate federal agencies and
Department contractors that have a need to know the information for the
purpose of assisting the Department's efforts to respond to a suspected
or confirmed breach of the security or confidentiality of information
disclosed is relevant and necessary for that assistance.
IV. Effects of the Proposed System of Records on Individual Rights
The routine uses proposed for this System are compatible with the
stated purpose of the System:
The first routine use permits an individual may learn if a record
exists about himself or herself 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.
An individual who requests notification of or access to medical
records shall, at the time the request is made, designate in writing a
responsible representative who is willing to review the record and
inform the subject individual of its contents at the representative's
discretion.
The following information must be provided when requesting
notification: (1) full name; (2) the approximate date and place of the
study, if known; and (3) nature of the questionnaire or study in which
the requester participated.
Same as notification procedures. Requesters should also reasonably
specify the record contents being sought. An accounting of disclosures
that have been made of the record, if any, may be requested.
V. Safeguards
The records in this System are stored in file folders. Service
fellow personnel data is also maintained in an automated database. The
records in this System are retrieved by the name of the individual,
fellow, or guest researcher.
The records in this System have the following safeguards in place
to maintain and protect the information as it relates to Authorized
users, physical and procedural safeguards:
Authorized users--Access is granted to only a limited number of
physicians, scientists, statisticians, and designated support staff of
the Centers for Disease Control and Prevention (CDC), as authorized by
the system manager to accomplish the stated purposes for which the data
in this system have been collected.
Physical Safeguards--Locked cabinets in locked rooms, electronic
anti-intrusion devices in operation at the Federal Records Center,
security guard service in buildings, personnel screening of visitors.
Procedural Safeguards--Users of individually identified data
protect information from public scrutiny, and only specifically
authorized personnel may be admitted to the record storage area. CDC
employees who maintain records are instructed to check with the system
manager prior to making disclosures of data.
Implementation Guidelines: The safeguards outlined above in
accordance with the Chapter 45-13, ``Safeguarding Records Contained in
Systems of Records,'' of the HHS General Administration Manual.
The records in this System are retained and disposed of in the
following way: Personal identifiers are destroyed as soon as they are
no longer necessary for the protection of the individuals involved.
Records are maintained in agency for three years. Records are
maintained according to the provisions of the CDC Records Control
Schedule for NIOSH records. Disposal methods include burning or
shredding paper materials or transferring records to the Federal
Records Center when no longer needed for evaluation and analysis.
Records destroyed by paper recycling process when 20 years old, unless
needed for further study.
VI. OMB Control Numbers, Expiration Dates, and Titles of Information
Collection
A. Full Title: ``Medical and Test Record Results of Individuals
Involved in NIOSH Laboratory Studies, HHS/CDC/NIOSH.''
OMB Control Number: 09-20-0117.
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. 2010-33015 Filed 1-24-11; 8:45 am]
BILLING CODE 4163-18-P
