Privacy Act of 1974; System of Records, 58815-58817 [2015-24730]

Agencies

• DEPARTMENT OF VETERANS AFFAIRS

[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Notices]
[Pages 58815-58817]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24730]


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DEPARTMENT OF VETERANS AFFAIRS


Privacy Act of 1974; System of Records

AGENCY: Department of Veterans Affairs (VA).

ACTION: Notice of Amendment to System of Records.

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SUMMARY: As required by the Privacy Act of 1974, 5 U.S.C. 552a(e), 
notice is hereby given that the Department of Veterans Affairs (VA) is 
amending the system of records currently entitled ``Blood Donor 
Information--VA'' (04VA115) as set forth in the Federal Register 73 FR 
74574. VA is amending the system by revising the System Number, System 
Location, Categories of Individuals Covered by the System, Category of 
Records in the System, Authority for Maintenance of the System, 
Storage, Retrievability, Retention and Disposal, and System Manager and 
Address. VA is republishing the system notice in its entirety.

DATES: Comments on this new system of records must be received no later 
than October 30, 2015. If no public comment is received during the 
period allowed for comment or unless otherwise published in the Federal 
Register by the VA, the new system will become effective October 30, 
2015.

ADDRESSES: Written comments concerning the proposed amended system of 
records may be submitted by: Mail or hand-delivery to Director, 
Regulations Management (02REG), Department of Veterans Affairs, 810 
Vermont Avenue NW., Room 1068, Washington, DC 20420; fax to (202) 273-
9026; or email to https://www.Regulations.gov. All comments received 
will be available for public inspection in the Office of Regulation 
Policy and Management, Room 1063B, between the hours of 8:00 a.m. and 
4:30 p.m., Monday through Friday (except holidays). Please call (202) 
461-4902 (this is not a toll-free number) for an appointment.

FOR FURTHER INFORMATION CONTACT: Veterans Health Administration (VHA) 
Privacy Act Officer, Department of Veterans Affairs, 810 Vermont Avenue 
NW., Washington, DC 20420; telephone (704) 245-2492.

SUPPLEMENTARY INFORMATION: The system number is changed from 04VA115 to 
04VA10P4D to reflect the current organizational alignment.
    The System Location has been amended to add that records are 
located at each of the health care facilities that currently or 
previously collected donor blood.
    Categories of Individuals Covered by the System has been amended to 
remove government or private agencies.
    The Category of Records in the System is being amended to add other 
unique identifiers. The sentence VA maintains a record of the 
individual to whom the blood or blood component was transfused and the 
medical facility where the product was transfused and/or stored is 
being removed. Final disposition is being defined as transferred, 
transfused, or discarded.
    The Authority for Maintenance of the System is being amended to 
replace Title 42, Code of Federal Regulations, section 493.1107 with 
Title 42, Code of Federal Regulations, section 493.1105.
    The Storage section is being amended to add electronic media. This 
section is also being amended to remove magnetic tape and disk. The 
Retrievability section is being amended to add other unique 
identifiers.
    The Retention and Disposal section is being amended to remove that 
paper records and information are maintained and disposed of in 
accordance with records disposition authority approved by the Archivist 
of the United States. The new language will state that these records 
are disposed of in accordance with Section VIII-Laboratory Services of 
the VHA Records Control Schedule 10-1, Item number 113-31/36.
    The System Manager and Address is being amended to remove Strategic 
Healthcare Group (SHG) (115), and add (10P4D).
    The Report of Intent to Amend a System of Records Notice and an 
advance copy of the system notice have been sent to the appropriate 
Congressional committees and to the Director of the Office of 
Management and Budget (OMB) as required by 5 U.S.C. 552a(r) (Privacy 
Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document and authorized the undersigned to sign and submit the document 
to the Office of the Federal Register for publication electronically as 
an official document of the Department of Veterans Affairs. Robert L. 
Nabors II, Chief of Staff, approved this document on September 18, 
2015, for publication.


[[Page 58816]]


    Dated: September 21, 2015.
Kathleen M. Manwell,
Program Analyst, Office of Privacy and Records Management, Department 
of Veterans Affairs.
04VA10P4D

SYSTEM NAME:
    Blood Donor Information--VA

SYSTEM LOCATION:
    Blood Donor records are maintained at each of the Department of 
Veterans Affairs (VA) health care facilities that currently or 
previously collected donor blood. Addresses are listed in VA Appendix I 
of the biennial publication of Privacy Act Issuances.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals who donate or have donated blood at a Veterans Health 
Administration (VHA) health care facility or blood bank for patient 
care under routine or emergency conditions.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Blood donor records contain sufficient information (i.e., donor 
name, social security number, or other unique identifier, date of 
donation, and type of donation, type of components produced by the 
donation, mandated tests results, and disposition of the blood or blood 
component) to provide a mechanism to track a donated blood product from 
the time of donor registration through the final disposition of each 
component prepared from that donation. For this system of record, final 
disposition is defined as transferred, transfused, or discarded.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    1. Title 38, United States Code, sections 501(a) and 501(b).
    2. Title 21, Code of Federal Regulations, parts 200-299 and parts 
600-680.
    3. Title 42, Code of Federal Regulations, section 493.1105.

PURPOSE(S):
    The information and records are used to track the donor medical 
history, donation interval(s), results of donor testing, report 
positive or abnormal test results, and blood and/or blood components 
produced from the donation.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    VA may disclose protected health information pursuant to the 
following routine uses where required by law, or required or permitted 
by 45 CFR parts 160 and 164.
    1. Disclosure may be made to answer requests for information from 
Federal, State, local, and tribal medical facilities regarding the 
source from which blood was received. Such requests may be initiated by 
a qualified medical practitioner in the event that a donor's or 
patient's medical condition warrants it.
    2. Disclosure may be made of blood availability, location, quantity 
on hand, and blood type for use by the area donor collection 
coordinators to answer and fill requests from health care facilities in 
need of type-specific blood.
    3. VA may disclose on its own initiative any information in this 
system, except the names and home addresses of Veterans and their 
dependents, which is relevant to a suspected or reasonably imminent 
violation of law, whether civil, criminal or regulatory in nature and 
whether arising by general or program statute or by regulation, rule or 
order issued pursuant thereto, to a Federal, State, local, tribal, or 
foreign agency charged with the responsibility of investigating or 
prosecuting such violation, or charged with enforcing or implementing 
the statute, regulation, rule or order. On its own initiative, VA may 
also disclose the names and addresses of Veterans and their dependents 
to a Federal agency charged with the responsibility of investigating or 
prosecuting civil, criminal or regulatory violations of law, or charged 
with enforcing or implementing the statute, regulation, rule or order 
issued pursuant thereto.
    4. Disclosure from a system of records maintained by this component 
may be made to a Congressional office from the record of an individual 
in response to an inquiry from the Congressional office made at the 
request of that individual.
    5. A record from a system of records maintained by this component 
may be disclosed as a routine use to the General Services 
Administration for the purpose of records management inspections 
conducted under authority of Title 44 United States Code.
    6. A record from a system of records maintained by this component 
may be disclosed as a routine use to the National Archives and Records 
Administration for the purpose of records management inspections 
conducted under authority of title 44 United States Code.
    7. Disclosure of relevant information may be made to individuals, 
organizations, private or public agencies, etc., with whom VA has a 
contract or agreement to perform such services as VA may deem 
practicable for the purposes of laws administered by VA, in order for 
the contractor or subcontractor to perform the services of the contract 
or agreement.
    8. VA may disclose information from this system of records to the 
Department of Justice (DoJ), either on VA's initiative or in response 
to DoJ's request for the information, after either VA or DoJ determines 
that such information is relevant to DoJ's representation of the United 
States or any of its components in legal proceedings before a court or 
adjudicative body, provided that, in each case, the agency also 
determines prior to disclosure that release of the records to the DoJ 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records. VA, on its own 
initiative, may disclose records in this system of records in legal 
proceedings before a court or administrative body after determining 
that the disclosure of the records to the court or administrative body 
is a use of the information contained in the records that is compatible 
with the purpose for which VA collected the records.
    9. Disclosure to other Federal agencies may be made to assist such 
agencies in preventing and detecting possible fraud or abuse by 
individuals in their operations and programs.
    10. VA may, on its own initiative, disclose any information or 
records to appropriate agencies, entities, and persons when (1) VA 
suspects or has confirmed that the integrity 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 embarrassment or harm to the 
reputations of the record subjects, harm to economic or property 
interests, identity theft or fraud, or harm to the security, 
confidentiality, or integrity of this system or other systems or 
programs (whether maintained by the Department or another agency or 
disclosure is to agencies, entities, or persons whom VA determines are 
reasonably necessary to assist or carry out the Department's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm. This routine use permits disclosures by the 
Department to respond to a suspected or confirmed data breach, 
including the conduct of any data breach analysis, as the terms are 
defined in 38 U.S.C. 5727 or provision of credit protection services as 
provided in 38 U.S.C. 5724.

[[Page 58817]]

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Paper documents, electronic media.

RETRIEVABILITY:
    1. All VA blood donor manual records are indexed by name and social 
security number or other unique identifier of donor, cross-indexed by 
blood type.
    2. Automated records are indexed by name, unique identifier, social 
security number, blood type, antibodies and date of last donation.

SAFEGUARDS:
    1. Access to VA working space and medical record storage areas is 
restricted to VA employees on a ``need to know'' basis. Generally, VA 
file areas are locked after normal duty hours and are protected from 
outside access by the Federal Protective Service. Employees file 
records and file records of public figures or otherwise sensitive 
medical record files are stored in separate locked files. Strict 
control measures are enforced to ensure that disclosure is limited to a 
``need to know'' basis.
    2. Strict control measures are enforced to ensure that access to 
and disclosure from all records including electronic files are limited 
to VA employees whose official duties warrant access to those files. 
The system recognizes authorized employees by a series of individually 
unique passwords/codes, and the employees are limited to only that 
information in the file, which is needed in the performance of their 
official duties.

RETENTION AND DISPOSAL:
    The records are disposed of in accordance with Section VIII-
Laboratory Services of the VHA Records Control Schedule 10-1, Item 
number 113-31/36, National Archives and Records Administration under 
the National Archives Job No. N1-15-02-04.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief Consultant, Diagnostic Services, (10P4D), Department of 
Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420.

NOTIFICATION PROCEDURE:
    Individuals seeking information concerning the existence and/or 
content of a blood donor information record pertaining to themselves 
must submit a written request or apply in person to the VA health care 
facility where the donation occurred. All inquiries must reasonably 
identify the portion of the blood donor information record desired and 
the approximate date(s) that service was provided.
    Additionally, inquiries should include the individual's full name, 
social security number, and home address at the time of medical 
service, if known.

 RECORD ACCESS PROCEDURE:
    Blood donors, patients of VA medical care facilities or duly 
authorized representatives seeking information regarding access to or 
who are contesting VA health facility records may write, call or visit 
the VHA facility where medical service was provided or volunteered.

CONTESTING RECORD PROCEDURES: (See Record Access Procedures above.)
RECORD SOURCE CATEGORIES:
    1. Blood donor.
    2. Private hospitals and local blood banks.
    3. Private physicians.
    4. Non-VA Laboratories.

[FR Doc. 2015-24730 Filed 9-29-15; 8:45 am]
 BILLING CODE P