Privacy Act of 1974; Report of Modified or Altered System of Records, 4478-4480 [2010-33026]

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 4478-4480]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-33026]


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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 Center for HIV, STD and TB Prevention (NCHSTP), 
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, 09-20-0161, ``Records of Health Professionals in 
Disease Prevention and Control Training Programs, HHS/CDC/NCHSTP.'' 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 Center for HIV, 
STD and TB Prevention (NCHSTP).

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 NCHSTP receives comments that would 
result in a contrary determination.

ADDRESSES: You may submit comments, identified by the Privacy Act 
System of Record Number 09-20-0161:
     Federal eRulemaking Portal: https://regulations.gov. Follow 
the instructions for submitting comments.
     E-mail: Include PA SOR number 09-20-0161 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.

[[Page 4479]]

     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: NCHSTP proposes to alter System of Records, 
No. 09-20-0161, ``Records of Health Professionals in Disease Prevention 
and Control Training Programs, HHS/CDC/NCHSTP.'' This record system 
enables the CDC officials to maintain training records and access the 
impact of the agency's training programs on the knowledge, attitudes 
and practices of clinicians and other health care personnel, in order 
to develop improved training curricula and programs for disease 
prevention and control for such health care personnel.
    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 Center for HIV, STD and TB Prevention (NCHSTP)

Records of Health Professionals in Disease Prevention and Control 
Training Programs

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. 09-20-0161, ``Records of Health Professionals in 
Disease Prevention and Control Training Programs, HHS/CDC/NCHSTP.'' 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

    This record system enables the CDC officials to maintain training 
records and access the impact of the agency's training programs on the 
knowledge, attitudes and practices of clinicians and other health care 
personnel, in order to develop improved training curricula and programs 
for disease prevention and control for such health care personnel.

II. Authority for Maintenance of the System

    Public Health Service Act, Section 301, ``Research and 
Investigation'' (42 U.S.C. 241).

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 CDC contractors in the conduct of 
training surveys and studies covered by this system notice and in the 
preparation of scientific reports, in order to accomplish the stated 
purposes of the system. The recipients will be required to maintain 
Privacy Act safeguards with respect to such records.
    CDC is under contract with private firms for the purpose of 
collating, analyzing, aggregating or otherwise refining records in this 
system. Relevant records are disclosed to such contractors. The 
contractors are required to maintain Privacy Act safeguards with 
respect to such records.
    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.
    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 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.
    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

    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.
    The following information must be provided when requesting 
notification: (1) Full name; (2) name of the clinic organization in 
which requester was employed at time of training or survey 
participation; and (3) nature of the training or survey questionnaire 
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.

[[Page 4480]]

V. Safeguards

    The records in this System are stored in computer/disks, printouts 
and file folders. The records are retrieved by the name of individual 
respondent, identification number, and type of training received are 
some of the indices used to retrieve records from this system.
    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 
personnel, i.e., CDC Project Officer, interviewers and designated 
support staff of 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--Locked cabinets in locked rooms, 24-hour guard 
service in buildings, personnel screening of visitors, electronic anti-
intrusion devices in operation at the Federal Records Center, fire 
extinguishers, overhead sprinkler system and card-access control 
equipment in the computer room, computer terminals and automated 
records located in secured areas.
    Procedural Safeguards--Protection for computerized records both on 
the mainframe and the CIO Local Area Network (LAN) 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 Vault Management 
System for secure off-site storage is available for backup tapes. To 
avoid inadvertent data disclosure, ``degaussing'' 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 employee 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 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.
    The safeguards outlined above are developed in accordance with 
Chapter 45-13, ``Safeguarding Records Contained in Systems of 
Records,'' of the HHS General Administration Manual; and Part 6, 
``Automated Information System Security,'' of the HHS Information 
Resources Management Manual. FRC safeguards are in compliance with GSA 
Federal Property Management Regulations, Subchapter B--Archives and 
Records. Data maintained in CDC's Processing Center 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. CIO 
LANs currently operate under Novell Netware v. 4.11 and are in 
compliance with ``CDC & ATSDR Security Standards for Novell File 
Servers.''
    The records in this System are retained and disposed of in the 
following way: Records are maintained in agency for two years. Disposal 
methods include erasing computer tapes, 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 after 12 years, unless needed for further study.

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

    A. Full Title: ``Records of Health Professionals in Disease 
Prevention and Control Training Programs, HHS/CDC/NCHSTP.''
    B. OMB Control Number: 09-20-0161.
    C. 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. 2010-33026 Filed 1-24-11; 8:45 am]
BILLING CODE 4163-18-P