Privacy Act of 1974; System of Records, 4002-4004 [2012-1596]

Agencies

• DEPARTMENT OF COMMERCE

[Federal Register Volume 77, Number 17 (Thursday, January 26, 2012)]
[Notices]
[Pages 4002-4004]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1596]


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DEPARTMENT OF COMMERCE

[Docket No. 111115678-1670-01]
RIN 0605-XA37


Privacy Act of 1974; System of Records

AGENCY: U.S. Census Bureau, Department of Commerce.

ACTION: Notice of Amendment, Privacy Act System of Records; COMMERCE/
CENSUS-3, Individual and Household Statistical Surveys and Special 
Studies Records.

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, Title 
5 United States Code (U.S.C.) 552a(e)(4) and (11); and Office of 
Management and Budget (OMB) Circular A-130, Appendix I, ``Federal 
Agency Responsibilities for Maintaining Records About Individuals,'' 
the Department of Commerce is issuing notice of intent to amend the 
system of records COMMERCE/CENSUS-3, Individual and Household 
Statistical Surveys and Special Studies Records. This amendment would 
change the name of the system of records to ``Special Censuses, 
Surveys, and Other Studies;'' amend certain provisions concerning the 
purpose of the system of records; update categories of individuals and 
records covered by the system; change procedures governing retrieval, 
storage, retention, disposal, and safeguards of the records in the 
system; and make other minor administrative updates. Accordingly, the 
system notice for COMMERCE/CENSUS-3, Individual and Household 
Statistical Surveys and Special Studies Records published in the 
Federal Register on November 01, 2002 (67 FR 66608) is amended as 
below. We invite public comment on the system amendment announced in 
this publication.

DATES: Comment Date: To be considered, written comments on the proposed 
amended system must be submitted on or before February 27, 2012.
    Effective Date: Unless comments are received, the amended system of 
records will become effective as proposed on the date of publication of 
a subsequent notice in the Federal Register.

ADDRESSES: Please address comments to: Chief Privacy Officer, Room 
8H115, U.S. Census Bureau, Washington, DC 20233-3700.

SUPPLEMENTARY INFORMATION: This update makes four program-related 
changes. The first of four proposed changes to program-related 
provisions updates the purpose of the system of records to include 
collection of statistical data from respondents, as well as the 
methodological research previously included in the original System of 
Record Notice (SORN). This update is a result of a re-alignment of the 
Census Bureau's systems of records to separate Census Bureau surveys 
protected by Title 13 confidentiality provisions from reimbursable 
surveys not protected by Title 13 confidentiality provisions. Census 
Bureau surveys protected by Title 13 confidentiality are now covered in 
this system of records, and reimbursable surveys are covered in 
COMMERCE/Census-7, ``Other Agency Surveys and Reimbursables.'' The 
second proposed change updates the categories of individuals in the 
system to include administrative records and cognitive interviews. The 
third change updates the categories of records in the system to provide 
additional information and details surrounding the records. The last 
change updates the policies and practices for storing, retaining, 
disposing, and safeguarding the records in the system to include 
recordings of survey and cognitive interviews and comprehensively cover 
the safeguards provided at the U.S. Census Bureau. The entire resulting 
system of records notice, as amended, appears below.
COMMERCE/CENSUS-3

System Name:
    Special Censuses, Surveys, and Other Studies.

Security Classification: None.
System Location:
    Bowie Computer Center, U.S. Census Bureau, 17101 Melford Blvd., 
Bowie, Maryland 20715, and U.S. Census Bureau, National Processing 
Center, 1201 East 10th Street, Jeffersonville, Indiana 47103; and 
National Archives and Records Administration, Washington National 
Records Center, Washington, DC 20409.

Categories of Individuals Covered by the System:
    This system covers the population of the United States. Survey 
respondents typically are individuals aged 15 years old or over. Data 
collected directly from respondents may be supplemented with data from 
administrative record files received from other federal, state, or

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local agencies, or commercial sources. These files are collected and 
processed under the Statistical Administrative Records system. 
Administrative record files are from agencies including, the 
Departments of Agriculture, Education, Health and Human Services, 
Homeland Security, Housing and Urban Development, Labor, Treasury, 
Veterans Affairs, and from the Office of Personnel Management, the 
Social Security Administration, the Selective Service System, and the 
U.S. Postal Service. Comparable data may also be sought from State 
agencies and commercial sources. Please see the COMMERCE/CENSUS-8, 
Statistical Administrative Records System SORN for more information. 
Additionally, subjects of cognitive interviews (to test understanding 
of a new survey form, for example) are covered in this system of 
records.

Categories of Records in the System:
    Records in this system of records consist of working statistical 
files (i.e., those files being analyzed to produce survey results), 
survey data files (i.e., those files containing answers directly from 
the respondent), and/or data contact files (i.e., those files used for 
contacting respondents). Records in this system of records may contain 
information such as: Respondent contact information--telephone number, 
email address; Demographic information--date of birth, sex, race, 
ethnicity, household and family characteristics, mobility status, 
education, marital status, tribal affiliation, veteran's status, 
disability status; Geographical information--address and geographic 
codes; Health information--health problems, type of provider, services 
provided, cost of services, quality indicators; Economic information--
housing and institutional characteristics, income, occupation, 
employment and unemployment information, health insurance coverage, 
federal and state program participation, assets and wealth; Activity 
and event related information--commuting, travel, childcare, 
recreation, consumer expenditures, community service, drug and alcohol 
use, and crime victimization; Field Representative (FR) related 
information--U.S. Census Bureau FR code, which is used only as an 
administrative control item for each record. Some records in this 
system of records may be obtained from datasets maintained by the 
COMMERCE/CENSUS-8, Statistical Administrative Records System where 
direct identifiers have been replaced with a unique non-identifying 
code prior to delivery to this system of records, and, therefore are 
not on the working statistical files. These categories of records are 
maintained on unique data sets that are extracted or combined on an as 
needed basis using the unique non-identifying codes but with the 
original identifiers removed. These records may contain: Demographic 
information--date of birth, sex, race, ethnicity, household and family 
characteristics, education, marital status, Tribal affiliation, and 
veteran's status; Geographical information--address and geographic 
codes; Mortality information--cause of death and hospitalization 
information; Health information--type of provider, services provided, 
cost of services, and quality indicators; Economic information--housing 
characteristics, income, occupation, employment and unemployment 
information, health insurance coverage, Federal program participation, 
assets, and wealth. Another category of records contains two types of 
records that are maintained on unique data sets that are extracted or 
combined on an as-needed basis using the unique non-identifying codes 
but with some name information retained. One type of records contains: 
Business information--business name, revenues, number of employees, and 
industry codes in support of economic statistical products. The other 
type contains: Respondent contact information--name, address, telephone 
number, age, and sex in support of survey and census data collection 
efforts. See the COMMERCE/CENSUS-8, Statistical Administrative Records 
System SORN for more information. However, for limited short-term 
projects, some records obtained from datasets maintained by the 
COMMERCE/CENSUS-8, Statistical Administrative Records System may 
contain some direct identifiers (such as name, Social Security Number 
(SSN)) that have been retained in working statistical files for this 
collection. These short-term projects must present project and use 
proposal documentation to a team of high level managers, and obtain 
approval to use direct identifiers in these working statistical files. 
Additionally, direct identifiers collected from survey respondents are 
routinely maintained on data contact files in order to facilitate 
respondent contact or to pre-load data for a data collection 
instrument.

Authorities for Maintenance of the System:
    Title 13 U.S.C. 8(b), 182, and 196 provide the authority for the 
U.S. Census Bureau to conduct statistical surveys.

Purpose(s):
    The purpose of this system of records is to collect statistical 
information from respondents through survey instruments or other means 
and to conduct methodological research on improving various aspects of 
surveys authorized by Title 13, U.S.C. 8(b), 182, and 196, such as: 
survey sampling frame design; sample selection algorithms; 
questionnaire development, design, and testing; usability testing of 
computer software and equipment; post data collection processing; data 
quality review; and non-response research.

Routine Uses of Records Maintained in the System, Including Categories 
of Users and the Purposes Of Such Uses:
    None. The data will be used only for statistical purposes. No 
disclosures which permit the identification of individual respondents, 
and no determinations affecting individual respondents are made.

Disclosure to Consumer Reporting Agencies:
    None.

Policies and Practices for Storing, Retrieving, Accessing, Retaining, 
and Disposing of Records in the System:
Storage:
    Records (including, but not limited to, sound files of survey or 
cognitive interviews or electronic datasets) will be stored in a secure 
computerized system and on magnetic media; output data will be 
electronic files or paper copies. Paper copies or magnetic media will 
be stored in a secure area within a locked drawer or cabinet. Data sets 
may be accessed only by authorized personnel. Control lists will be 
used to limit access to those employees with a need to know; rights 
will be granted based on job functions.

Retrievability:
    A limited number of sworn U.S. Census Bureau staff will be 
permitted to retrieve records containing direct identifiers (such as a 
name or SSN). Staff producing final statistical products will have 
access only to data sets from which direct identifiers have been 
deleted and replaced by unique non-identifying codes internal to the 
U.S. Census Bureau.

Safeguards:
    The U.S. Census Bureau is committed to respecting respondent 
privacy and protecting confidentiality. Through the Data Stewardship 
Program, we have implemented management, operational, and technical 
controls and practices to ensure high-level data protection to 
respondents of our census and surveys. (1) An unauthorized browsing 
policy

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protects respondent information from casual or inappropriate use by any 
person with access to Title 13 protected data. (2) All employees 
permitted to access the system are subject to the restriction, 
penalties, and prohibitions of 13 U.S.C. 9 and 214, as modified by 
Title 18 U.S.C. 3551, et seq.; the Privacy Act of 1974 (5 U.S.C. 
552a(b)(4)); and when applicable, Title 26 U.S.C. 7213, 7213A, and 
7431; as well as any additional restrictions imposed by statutory 
authority of a sponsor. (3) All U.S. Census Bureau employees and 
persons with special sworn status will be regularly advised of 
regulations issued pursuant to Title 13 U.S.C. governing the 
confidentiality of the data, and will be required to complete an annual 
Title 13 awareness program; and those who have access to Federal Tax 
Information data will be regularly advised of regulations issued 
pursuant to Title 26 U.S.C. governing the confidentiality of the data, 
and will be required to complete an annual Title 26 awareness program. 
(4) All computer systems that maintain sensitive information are in 
compliance with the Federal Information Security Management Act, which 
includes auditing and controls over access to restricted data. (5) The 
use of unsecured telecommunications to transmit individually 
identifiable information is prohibited. (6) Paper copies that contain 
sensitive information are stored in secure facilities in a locked 
drawer or file cabinet behind a locked door. (7) Additional data files 
containing direct identifiers will be maintained solely for the purpose 
of data collection activities, such as respondent contact and pre-
loading an instrument for a continued interview, and will not be 
transferred to, or maintained on, working statistical files. (8) Any 
publications based on this system will be cleared for release under the 
direction of the U.S. Census Bureau's Disclosure Review Board, which 
will confirm that all the required disclosure avoidance procedures have 
been implemented and no information that identifies any individual is 
released.

Retention and Disposal:
    Records are to be retained in accordance with the General Records 
Schedule and U.S. Census Bureau's records control schedules that are 
approved by the National Archives and Records Administration. 
Generally, records are retained for less than 10 years, unless a longer 
period is necessary for statistical purposes or for permanent archival 
retention.

System Manager and Address:
    Associate Director for Demographic Programs, U.S. Census Bureau, 
4600 Silver Hill Road, Washington, DC 20233-8000.

Notification Procedure:
    None.

Record Access Procedures:
    None.

Contesting Record Procedures:
    None.

Record Source Categories:
    Individuals and populations covered by selected administrative 
records systems and U.S. Census Bureau surveys and special censuses.

Exemptions Claimed for this System:
    Pursuant to Title 5 U.S.C. 552a(k)(4), this system of records is 
exempted from the notification, access, and contest requirements of the 
agency procedures (under 5 Title U.S.C. 552a(c)(3), (d), (e)(1), 
(e)(4)(G), (H), and (I), and (f)). This exemption is applicable as the 
data are maintained by the U.S. Census Bureau and required by Title 13 
to be used solely as statistical records and are not used in whole or 
in part in making any determination about an identifiable individual. 
This exemption is made in accordance with the Department's rules, which 
appear in 15 CFR part 4 subpart B, and in accordance with agency rules 
published in the rules section of this Federal Register.

    Dated: January 18, 2012.
Jonathan R. Cantor,
Chief Privacy Officer, Department of Commerce.
[FR Doc. 2012-1596 Filed 1-25-12; 8:45 am]
BILLING CODE 3510-07-P