Privacy Act of 1974: System of Records, 54446-54449 [2013-21435]

Agencies

• DEPARTMENT OF COMMERCE
• Office of the Secretary

[Federal Register Volume 78, Number 171 (Wednesday, September 4, 2013)]
[Notices]
[Pages 54446-54449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-21435]


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DEPARTMENT OF COMMERCE

Office of the Secretary

[Docket No. 130730666-3666-01]


Privacy Act of 1974: System of Records

AGENCY: Department of Commerce.

ACTION: Notice of proposed amendment to Privacy Act System of Records: 
``COMMERCE/DEPARTMENT-20, Biographical Files''

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SUMMARY: In accordance with the Privacy Act of 1974, as amended, the 
Department of Commerce proposes to amend the system of records entitled 
``COMMERCE/DEPARTMENT-20, Biographical Files,'' to include social 
network sites, which will provide Department of Commerce employees new 
ways to connect and share information, and solicit and receive feedback 
freely with the public; change the name of the system of records to 
``Biographical Files and Social Networks''; update routine uses; update 
practices for electronically storing, retrieving, and safeguarding 
records in the System; and generally update the system's notice. We 
invite public comment on the amended system announced in this 
publication.

DATES: To be considered, written comments must be submitted on or 
before October 4, 2013. Unless comments are received, the new system of 
records will become effective as proposed on the date of publication of 
a subsequent notice in the Federal Register.

ADDRESSES: Comments may be mailed to Lanetta Gray, U.S. Department of 
Commerce, Office of the General Counsel, Room 5875 HCHB, 1401 
Constitution Avenue NW., Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Lanetta Gray, Executive Officer, 
Office of the General Counsel, 202-482-4683.

SUPPLEMENTARY INFORMATION: 
    The purpose of this amendment is to add social networking to the 
system of records. Internal social networking through collaborative 
software will allow Department of Commerce employees to interact with 
one another by providing new ways to connect and share information. The 
collected information will be used to enable collaboration, referrals, 
referencing, and networking among employees utilizing the system. 
External social networking will allow the Department of Commerce to 
interact with the public using third party or commercial social media 
applications. These applications facilitate the sharing of information 
and ideas between the Department of Commerce and the public. While the 
Department of Commerce may use social media applications to connect 
with the public in an official capacity, information provided by an 
individual to register with the third party site is rarely shared with 
the Department. Information collected and stored by the social media 
applications is subject to the third party privacy policies posted on 
their Web sites. The Department of Commerce may receive contact 
information from the third party site for individuals who wish to have 
further contact with the Department for additional communications such 
as dissemination of information for an upcoming event, to notify the 
public of an emergency or breaking news, or to solicit feedback about a 
program. The Department may also receive user names or emails for 
individuals who have commented or submitted information on a Department 
of Commerce section on a social media Web site. The Department may also 
receive information indirectly from social media site as part of 
specific programs or initiatives. The Department may use social media 
applications to share information with the public, to collect ideas and 
comments submitted by the public, and to promote participation and 
collaboration with the public. If the Department is requesting feedback 
from the public through the use of a social media site, an alternative 
Department of Commerce email address will also be provided so that the 
public may interact with the Department without having to use the 
social media site. When an individual submits an email directly to the 
Department, the Department will maintain the individual's email, and 
any other personal information provided in their email, in accordance 
with applicable records retention policy. All interactions by the 
public are voluntary.

[[Page 54447]]

COMMERCE/DEPARTMENT-20

System Name:
    COMMERCE/DEPARTMENT-20, Biographical Files and Social Networks

Security Classification:
    None

System Location:
    a. For Secretarial Officers and senior-level officials, and 
employees of the Office of the Secretary: Office of Public Affairs, 
U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, 
DC 20230.
    b. For Secretarial Officers and senior-level officials included in 
Biographical Resumes of Key Officials and social media: Office of Human 
Resources Management, and Chief Financial Officer for Administration 
and Assistant Secretary for Administration; all Office of the 
Secretary, U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    c. For U.S. Census Bureau, Office of Public Affairs, 4600 Silver 
Hill Road, Suitland, MD
    d. For Bureau of Economic Analysis/Economic Statistics 
Administration, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Washington, DC 20230.
    e. For Economic Development Administration, Office of Public 
Affairs, U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    f. For Bureau of Industry and Security, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
    g. For employees of International Trade Administration: Office of 
Public Affairs, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Room 3416, Washington, DC 
20230.
    h. For members of advisory committees within International Trade 
Administration: Office of Advisory Committee, Manufacturing and 
Services, International Trade Administration, U.S. Department of 
Commerce, 1401 Constitution Avenue NW., Room 4036, Washington, DC 
20230.
    i. For Minority Business Development Agency, Office of Public 
Affairs, U.S. Department of Commerce, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    j. For senior management and select employees of National Institute 
of Standards and Technology (Gaithersburg and Boulder): Public and 
Business Affairs Office, National Institute of Standards and 
Technology, Administration Building, 100 Bureau Drive, Gaithersburg, MD 
20899.
    k. For National Technical Information Service, 5301 Shawnee Road, 
Alexandria, VA 22312.
    l. For National Telecommunications and Information Administration, 
Chief Information Officer, 1401 Constitution Avenue NW., Washington, DC 
20230.
    m. For employees of National Oceanic and Atmospheric 
Administration: NOAA headquarters locations: Office of Communications & 
External Affairs, U.S. Department of Commerce, 1401 Constitution Avenue 
NW., Room A100, Washington, DC 20230, and/or NOAA field offices, the 
principal addresses of which are:

    NOAA, National Marine Fisheries Service, 1315 East-West Highway, 
SSMC3, Silver Spring, MD 20910.
    NOAA, National Ocean Service, 1305 East-West Highway, SSMC4, Silver 
Spring, MD 20910.
    NOAA, National Weather Service, 1325 East-West Highway, SSMC2, 
Silver Spring, MD 20910.
    NOAA, Office of Oceanic and Atmospheric Research, 1315 East-West 
Highway, SSMC3, Silver Spring, MD 20910.
    NOAA, Office of Oceanic and Atmospheric Research, Earth System 
Research Laboratory, David Skaggs Research Center, 325 Broadway, 
Boulder, CO 80305-3337.

    n. For U.S. Patent and Trademark Office, 600 Dulany Street, Madison 
Building, Alexandria, VA 22314.
    o. For Office of Inspector General, Office of Administration, U.S. 
Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 
20230.
    p. Social media outreach, and internal collaborative network 
records contained in these systems of records are maintained by the 
Bureau or Office conducting the social media outreach.
    1. For Office of the Secretary, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    2. For U.S. Census Bureau, 4600 Silver Hill Road, Suitland, MD 
20746.
    3. For Bureau of Economic Analysis/Economic Statistics 
Administration, 1401 Constitution Avenue NW., Washington, DC 20230.
    4. For Economic Development Administration, 1401 Constitution 
Avenue NW., Washington, DC 20230.
    5. For Bureau of Industry and Security, 1401 Constitution Avenue 
NW., Washington, DC 20230.
    6. For International Trade Administration, 1401 Constitution Avenue 
NW., Washington, DC 20230.
    7. For Minority Business Development Agency, Office of the 
Secretary, 1401 Constitution Avenue NW., Washington, DC 20230.
    8. For National Institute of Standards and Technology, 100 Bureau 
Drive, Gaithersburg, MD 20899.
    9. For National Technical Information Service, 5301 Shawnee Road, 
Alexandria, VA 22312.
    10. For National Telecommunications and Information Administration, 
1401 Constitution Avenue NW., Washington, DC 20230.
    11. For National Oceanic and Atmospheric Administration, 1305 East-
West Highway, SSMC3, Silver Spring, MD 20910.
    12. For U.S. Patent and Trademark Office, 600 Dulany Street, 
Madison Building, Alexandria, VA 22314.
    13. For Office of Inspector General, 1401 Constitution Avenue NW., 
Washington, DC 20230.
    Social media sites may retain separate records from the Department.
    The information in this system may be duplicated in other Privacy 
Act systems of the Commerce Department, in the systems maintained by 
the Office of Personnel Management, or in the immediate office of the 
individual to whom the biographical record pertains. For assistance in 
this regard, contact the Director, Office of Human Resources 
Management, U.S. Department of Commerce, Washington, DC 20230.

Categories of Individuals Covered by the System:
    Present and former Department personnel, and members of advisory 
committees. Individuals who interact with the Department of Commerce 
through various social media outlets, who submit feedback to the 
Department of Commerce, who correspond with the Department as a result 
of the Department's outreach using social networks, or who wish to be 
contacted by the Department as part of an outreach effort.

Categories of Records in the System:
    Biographical information which may include, but is not limited to: 
Date and place of birth; education; military service; present position; 
employment history; field of research; publications; inventions and 
patents; awards and honor; memberships and business or volunteer 
affiliations; present and past residences; telephone numbers; email; 
names; ages; and addresses of family members; hobbies and outside 
interest; photograph of individual; username; home address; work 
address; security questions, IP addresses, passwords, contact 
information, financial data, and

[[Page 54448]]

input and feedback from the public, such as but not limited to 
comments, videos, and images, which may include tags, geotags or 
geographical metadata.

Authority for Maintenance of the System:
    5 U.S.C. 301; 5 U.S.C. App.--Inspector General Act of 1978, section 
2; 5 U.S.C. App.--Reorganization Plan of 1970, section 2; 13 U.S.C. 
section 2; 13 U.S.C. section 131; 15 U.S.C. section 272; 15 U.S.C. 
section 1151; 15 U.S.C. section 1501; 15 U.S.C. section 1512; 15 U.S.C. 
section 1516; 15 U.S.C. section 3704b; 16 U.S.C. section 1431; 35 
U.S.C. section 2; 42 U.S.C. section 3121 et seq.; 44 U.S.C. 3101 and 
Reorganization Plan No. 5 of 1950; 47 U.S.C. section 902; 50 U.S.C. 
App. section 2401 et seq.; E.O. 11625; 77 FR 49699; Presidential 
Memorandum to the Heads of Executive Departments and Agencies on 
Transparency and Open Government, January 21, 2009; OMB Open Government 
Directive, M-10-06, December 8, 2009; OMB Guidance for Online Use of 
Web Measurement and Customization Technologies, M-10-22, June 25, 2010, 
OMB Guidance for Agency Use of Third-Party Web sites and Applications, 
M-10-23, June 25, 2010.

Purpose(s):
    The purpose of this system is to allow for collection of 
biographical information for present and former Department personnel, 
and members of advisory committees; and to allow Department of Commerce 
employees to interact with one another on internal Department 
networking platforms that allow them to share biographical and/or 
personal information and to allow the Department of Commerce to 
interact with the public and provide additional transparency to the 
public through the use of social media. Registration information, 
username, comments, and suggestions made by the public on third party 
social networks where the Department has an official presence may be 
collected by third party social networks for registration or use of 
social media sites. Information and comments provided may be shared 
with the Department of Commerce to facilitate interaction with the 
public, to disseminate information regarding an upcoming event, to 
notify the public of an emergency or breaking news, or solicit feedback 
about Department programs. The Department of Commerce may also receive 
information directly from individuals who provide feedback from social 
media outreach using alternate methods, such as an email directly to 
the Department, a form on a Department of Commerce Web page, or 
comments on a Department of Commerce blog.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    These records may be disclosed as follows:
    1. In the event that a system of records maintained by the 
Department to carry out its functions indicates a violation or 
potential violation of law or contract, whether civil, criminal or 
regulatory in nature, and whether arising by general statute or 
particular program statute or contract, or rule, regulation, or order 
issued pursuant thereto, or the necessity to protect an interest of the 
Department, the relevant records in the system of records may be 
referred to the appropriate agency, whether Federal, state, local or 
foreign, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute or contract, or rule, regulation or order issued pursuant 
thereto, or protecting the interest of the Department.
    2. A record from this system of records may be disclosed to a 
Federal, state or local agency maintaining civil, criminal or other 
relevant enforcement information or other pertinent information, such 
as current licenses, if necessary to obtain information relevant to a 
Department decision concerning the assignment, hiring or retention of 
an individual, the issuance of a security clearance, the letting of a 
contract, or the issuance of a license, grant or other benefit.
    3. A record from this system of records may be disclosed to a 
Federal, state, local or international agency, in response to its 
request, in connection with the assignment, hiring or retention of an 
individual, the issuance of a security clearance, the reporting of an 
investigation of an individual, the letting of a contract, or the 
issuance of a license, grant, or other benefit by the requesting 
agency, to the extent that the information is relevant and necessary to 
the requesting agency's decision on the matter.
    4. A record from this system of records may be disclosed in the 
course of presenting evidence to a court, magistrate or administrative 
tribunal, including disclosures to opposing counsel in the course of 
settlement negotiations.
    5. A record in this system of records may be disclosed to a Member 
of Congress submitting a request involving an individual when the 
individual has requested assistance from the Member with respect to the 
subject matter of the record.
    6. A record from this system of records may be disclosed to the 
Department of Justice in connection with determining whether disclosure 
thereof is required by the Freedom of Information Act 5 U.S.C. 552.
    7. A record from this system of records may be disclosed to a 
contractor of the Department having need for the information in the 
performance of the contract, but not operating a system of records 
within the meaning of 5 U.S.C. 552a(m).
    8. A record from this system of records may be disclosed to the 
National Archives and Records Administration or to the Administrator, 
General Services, or his designee during an inspection of records 
conducted by GSA as part of that agency's responsibility to recommend 
improvements in records management practices and programs, under 
authority of 44 U.S.C. 2904 and 2906. Such disclosure shall be made in 
accordance with the GSA regulations governing inspection of records for 
this purpose, and any other relevant (i.e. GSA or Commerce) directive. 
Such disclosure shall not be used to make determinations about 
individuals.
    9. A record in this system of records may be disclosed, as a 
routine use, to appropriate agencies, entities, and persons when (1) It 
is suspected or determined that the security or confidentiality of 
information in the system of records has been compromised; (2) the 
Department has determined that as a result of the suspected or 
confirmed compromise there is a risk of harm to economic or property 
interests, identify theft or fraud, or harm to the security or 
integrity of this system or other systems or programs (whether 
maintained by the Department 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 Department's efforts to respond to the suspected or 
confirmed compromise and to prevent, minimize, or remedy such harm.
    10. A record in this system of records may be disclosed to the news 
media, other government agencies, and the general public for use in 
connection with written articles, oral interviews, speaking 
engagements, retirement and obituary notices, and other purposes of 
public information, except to the extent it is determined that release 
of the specific information in the context of a particular case would 
constitute an unwarranted invasion of personal privacy.

[[Page 54449]]

    11. A record in this system of records that was collected on a 
Department internal collaborative network may be shared with other 
Department employees on the platform for networking and collaboration 
purposes, consistent with the terms of use of any such networking 
platform.

Policies and Practiced for Storing, Retrieving, Accessing, Retaining 
and Disposing of Records in the System:
Storage:
    Paper records are contained in file folders stored in file 
cabinets; electronic records are contained in removable drives, 
computers, email and electronic databases.

Retrievability:
    Paper records may be retrieved alphabetically by name or by 
position or work unit. Electronic records may be retrieved by full-text 
search, name, image, video, email address, user name, or date received.

Safeguards:
    Records in this system are safeguarded in accordance with 
applicable security rules and policies. Paper records are kept in 
locked cabinets in secure facilities and access to them is restricted 
to individuals whose official duties require access. Access to the 
servers containing the records in this system is limited to personnel 
who have the need to know the information for the performance of their 
official duties. The computer servers in which records are stored are 
located in facilities with access codes, security codes, and security 
guards. Access to networks and data requires a valid username and 
password.

Retention and Disposal:
    Records are retained and disposed of in accordance with records 
schedules approved by the National Archives and Records Administration.

System Manager(s) and Address:
    Use the same address as listed in System Location section above.
    For records at location a: Director, Office of Public Affairs.
    For records at location b: Director, Office of Human Resources 
Management.
    For records at location c: Director, U.S. Census Bureau.
    For records at location d: Director, Office of Public Affairs, 
Bureau of Economic Analysis/Economic Statistics Administration.
    For records at location e: Director, Office of Public Affairs, 
Economic Development Administration.
    For records at location f: Director, Office of Public Affairs, 
Bureau of Industry and Security.
    For records at location g: Director, Office of Public Affairs, 
International Trade Administration.
    For records at location h: Director, Office of Advisory Committees, 
International Trade Administration.
    For records at location i: Director, Office of Public Affairs, 
Minority Business Development Agency.
    For records at location j: Director, Office of Public and Business 
Affairs, National Institute of Standards and Technology.
    For records at location k: Director, Office of Public Affairs, 
National Technical Information Service.
    For records at location l: Office of the Chief Information Officer, 
National Telecommunications and Information Administration.
    For records at location m: Director, Office of Public Affairs, 
National Oceanic and Atmospheric Administration.
    For records at location n: Director, Office of Public Affairs, U.S. 
Patent and Trademark Office.
    For records at location o: Director of Human Resources Management, 
Office of Administration, Office of Inspector General.
    For records at location p: use addresses listed 1-13 in the System 
Location above.

Notification Procedures:
    An individual requesting notification of the existence of records 
on himself or herself should send a signed, written inquiry to the U.S. 
Department of Commerce, Freedom of Information and Privacy Act Office. 
The request letter should be clearly marked ``PRIVACY ACT REQUEST.'' 
The written inquiry must be signed and notarized or submitted with 
certification of identity under penalty of perjury. Requesters should 
reasonable specify the record contents being sought.

Record Access Procedures:
    An individual requesting access to records on himself or herself 
should send a signed, written inquiry to the U.S. Department of 
Commerce, Freedom of Information and Privacy Act Office. The request 
letter should be clearly marked ``PRIVACY ACT REQUEST.'' The written 
inquiry must be signed and notarized or submitted with certification of 
identity under penalty of perjury. Requesters should reasonable specify 
the record contents being sought.

Contesting Records Procedures:
    An individual requesting corrections or contesting information 
contained in his or her records must send a signed, written request to 
the Departmental Privacy Act Officer, U.S. Department of Commerce, 
Office of Privacy and Open Government, Room A300, 1401 Constitution 
Avenue NW., Washington, DC 20230. Requesters should reasonably identify 
the record, specify the information they are contesting and state the 
corrective action sought and the reasons for the correction with 
supporting justification showing how the record is incomplete, 
untimely, inaccurate, or irrelevant.

Record Source Categories:
    Subject individuals; individuals who interact with the Department 
of Commerce through social media networks or as a result of public 
outreach.

Exemptions Claimed for the System:
    None.

    Dated: August 29, 2013.
Brenda Dolan,
Department of Commerce, Freedom of Information and Privacy Act Officer.
[FR Doc. 2013-21435 Filed 9-3-13; 8:45 am]
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