Privacy Act of 1974; System of Records, 66883-66885 [2015-27745]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Notices]
[Pages 66883-66885]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27745]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2015-OS-0115]


Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Notice to add a new system of records.

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SUMMARY: The Office of the Secretary of Defense proposes to add a new 
system of records, DMDC 20, entitled ``Personnel Security Breach 
Notification and Mitigation Services Records''. The Department of 
Defense is providing notification and facilitating the provision of 
breach mitigation services to individuals affected by the breach of 
information in the Office of Personnel Management (OPM) background 
investigation databases the Department must establish this system in 
order to provide notification to and facilitate the provision of breach 
mitigation services. Due to the number and proportion of affected 
individuals belonging to the DoD, DoD entered into agreements with OPM 
to handle the breach notification and mitigation services. DoD will 
also use these records to respond to breach verification inquiries. 
Individuals may go to OPM's Web site and click on a link that will 
redirect them to a DoD Web site where they can enter their information 
to find out if they have been affected by this breach. These records 
may also be used for tracking, reporting, measuring, and improving The 
Department's effectiveness in implementing this data breach 
notification.

DATES: Comments will be accepted on or before November 30, 2015. This 
proposed action will be effective the day following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://www.regulations.gov. Follow the 
instructions for submitting comments.
    * Mail: Department of Defense, Office of the Deputy Chief 
Management Officer, Directorate of Oversight and Compliance, Regulatory 
and Audit Matters Office, 9010 Defense Pentagon, Washington, DC 20301-
9010.
    Instructions: All submissions received must include the agency name 
and docket number for this Federal Register document. The general 
policy for comments and other submissions from members of the public is 
to make these submissions available for public viewing on the Internet 
at https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Allard, Chief, OSD/JS 
Privacy Office, Washington Headquarters Service, 1155 Defense Pentagon, 
Washington, DC 20301-1155, or by phone at (571) 372-0461.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
notices for systems of records subject to the Privacy Act of 1974 (5 
U.S.C. 552a), as amended, have been published in the Federal

[[Page 66884]]

Register and are available from the address in FOR FURTHER INFORMATION 
CONTACT or at https://dpcld.defense.gov/.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on October 27, 2015, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Governmental Affairs, and the Office of Management and 
Budget (OMB) pursuant to paragraph 4c of Appendix I to OMB Circular No. 
A-130, ``Federal Agency Responsibilities for Maintaining Records About 
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: October 27, 2015.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DMDC 20

System name:
    Personnel Security Breach Notification and Mitigation Services 
Records.

System location:
    Defense Manpower Data Center, DoD Center Monterey Bay, 400 Gigling 
Road, Seaside, CA 93955-6771.

Categories of individuals covered by the system:
    Federal civilian and military personnel and applicants, and 
employees of government contractors, experts, instructors, and 
consultants to Federal programs who underwent a personnel background 
investigation after January 1, 1990. Other individuals whose Social 
Security Numbers (SSNs) were provided on an SF85, SF85-P and SF86 after 
January 1, 1990. Individuals who submit a breach verification inquiry. 
Minor children, who were minors as of July 1, 2015, of individuals 
described in this paragraph.

Categories of records in the system:
    Last, first, and middle name; Social Security Number (SSN); date of 
birth, place of birth; citizenship status; country of citizenship; home 
and/or business addresses, phone numbers, and email addresses.

Authority for maintenance of the system:
    The E-Government Act of 2002 (Pub. L. 107-347); the Federal 
Information Security Modernization Act of 2014 (Pub. L. 113-283) (44 
U.S.C. 3551-3559); 10 U.S.C. 113, Secretary of Defense; 50 U.S.C. 3038, 
Responsibilities of Secretary of Defense Pertaining to National 
Intelligence Program; E.O. 12333, United States Intelligence 
Activities, as amended; E.O. 13402, Strengthening Federal Efforts to 
Protect Against Identity Theft, as amended; E.O. 13526, Classified 
National Security Information; White House Memorandum dated September 
20, 2006, Subject: Recommendations for Identity Theft Related Data 
Breach Notification; and E.O. 9397 (SSN), as amended.

Purpose(s):
    To provide breach notification and facilitate the provision of 
breach mitigation services to individuals affected by the breach of 
information in the Office of Personnel Management (OPM) background 
investigation databases. DoD will also use the data to respond to 
breach verification inquiries received from individuals using the link 
on OPM's Web site that redirects individuals to a DoD Web site where 
they can enter their information to find out if they have been affected 
by this breach. These records may also be used for tracking, reporting, 
measuring, and improving the Department's effectiveness in implementing 
this data breach notification.

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    In addition to disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act of 1974, as amended, these records may 
specifically be disclosed outside the DoD as follows:
    To commercial entities, under contract with DoD, for the sole 
purpose of verifying addresses of affected individuals in order to 
provide notification to such individuals.
    Law Enforcement Routine Use: If a system of records maintained by a 
DoD Component to carry out its functions indicates a violation or 
potential violation of law, whether civil, criminal, or regulatory in 
nature, and whether arising by general statute or by regulation, rule, 
or order issued pursuant thereto, the relevant records in the system of 
records may be referred, as a routine use, to the Federal agency 
concerned, charged with the responsibility of investigating or 
prosecuting such violation or charged with enforcing or implementing 
the statute, rule, regulation, or order issued pursuant thereto.
    Disclosure of Information to the National Archives and Records 
Administration Routine Use: A record from a system of records 
maintained by a DoD 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 44 U.S.C. 2904 and 
2906.
    Disclosure to the Office of Personnel Management Routine Use: A 
record from a system of records subject to the Privacy Act and 
maintained by a DoD Component may be disclosed to the OPM concerning 
information necessary for the OPM to carry out its legally authorized 
functions.
    Counterintelligence Purpose Routine Use: A record from a system of 
records maintained by a DoD Component may be disclosed as a routine use 
outside the DoD for the purpose of counterintelligence activities 
authorized by U.S. Law or Executive Order or for the purpose of 
enforcing laws which protect the national security of the United 
States.
    Data Breach Remediation Purposes Routine Use: A record from a 
system of records maintained by a Component may be disclosed to 
appropriate agencies, entities, and persons when (1) the Component 
suspects or has confirmed that the security or confidentiality of the 
information in the system of records has been compromised; (2) the 
Component has determined that as a result of the suspected or confirmed 
compromise there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the 
Component 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 
Component's efforts to respond to the suspected or confirmed compromise 
and prevent, minimize, or remedy such harm.
    Policies and practices for storing, retrieving, accessing, 
retaining, and disposing of records in the system:

Storage:
    Electronic storage media.

Retrievability:
    Records may be retrieved by an individual's name, SSN, date and 
place of birth.

Safeguards:
    Access to personally identifiable information is restricted to 
those who require access to the records in the performance of their 
official duties in connection with the breach notification process. 
Access to personally identifiable information is further restricted by 
the use of Personal Identity Verification (PIV) cards and PIN. Physical 
entry is restricted by the use of

[[Page 66885]]

locks, key cards, security guards, and identification badges. All 
individuals granted access to this system of records will have 
completed annual Information Assurance and Privacy Act training and be 
appropriately vetted. Audit logs will be maintained to document access 
to data. All electronic records transfers into this system of records 
will be encrypted. Records will be maintained in a secure database with 
an intrusion detection system in a physically controlled area 
accessible only to authorized personnel.

Retention and disposal:
    The National Archives and Records Administration has authorized the 
destruction of these records 3 (three) year(s) after credit monitoring 
and identity management services have concluded.

System manager(s) and address:
    Deputy Director for Identity, Defense Manpower Data Center, 4800 
Mark Center, Alexandria, VA 22350-4000.
    Deputy Director, Defense Manpower Data Center, DoD Center Monterey 
Bay, 400 Gigling Road, Seaside, CA 93955-6771.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Defense Manpower Data Center (DMDC), DoD Center Monterey Bay, 
ATTN: Privacy Act Office, 400 Gigling Road, Seaside, CA 93955-6771.
    Signed, written requests must contain the full name (and any alias 
and/or alternate names used), SSN, and date and place of birth.

Record access procedures:
    Individuals seeking information about themselves contained in this 
system should address written inquiries to the Office of the Secretary 
of Defense/Joint Staff Freedom of Information Act Requester Service 
Center, 1155 Defense Pentagon, Washington, DC 20301-1155.
    Individuals should provide their full name (and any alias and/or 
alternate names used), SSN, and date and place of birth.
    In addition, the requester must provide a notarized statement or an 
unsworn declaration made in accordance with 28 U.S.C. 1746, in the 
following format:
    If executed outside the United States: `I declare (or certify, 
verify, or state) under penalty of perjury under the laws of the United 
States of America that the foregoing is true and correct. Executed on 
(date). (Signature).'
    If executed within the United States, its territories, possessions, 
or commonwealths: `I declare (or certify, verify, or state) under 
penalty of perjury that the foregoing is true and correct. Executed on 
(date). (Signature).'
    Attorneys or other persons acting on behalf of an individual must 
provide written authorization from that individual for their 
representative to act on their behalf.

Contesting record procedures:
    The OSD rules for accessing records and for contesting or appealing 
agency determinations are published in OSD Administrative Instruction 
81, 32 CFR part 311; or may be obtained directly from the system 
manager.

Record source categories:
    Individuals requesting verification via OPM's Web site who click on 
a link that will redirect them to a DoD Web site where they can enter 
their information to find out if they have been affected by this 
breach. The OPM (Personnel Investigations Records). Employees address 
records from Federal employers (e.g., OPM, Defense Finance and 
Accounting Service, Defense Manpower Data Center, Department of State, 
United States Postal Service, Library of Congress, the General 
Accountability Office, Death master files, the Executive Office of the 
President, Former Presidents Office, etc.) and address verification 
from cleared contractors and commercial vendors.

Exemptions claimed for the system:
    Parts of this record system may be exempt under 5 U.S.C. 
552a(k)(1), as applicable.
    An exemption rule for this record system has been promulgated 
according to the requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c) 
and (e) and published in 32 CFR part 311. For additional information 
contact the system manager.

[FR Doc. 2015-27745 Filed 10-29-15; 8:45 am]
BILLING CODE 5001-06-P