Privacy Act of 1974; System of Records, 18058-18060 [2018-08628]

Agencies

• FEDERAL TRADE COMMISSION

[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18058-18060]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08628]


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FEDERAL TRADE COMMISSION


Privacy Act of 1974; System of Records

AGENCY: Federal Trade Commission (FTC).

ACTION: Notice of a modified system of records.

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SUMMARY: The FTC is publishing in final form a routine use that would 
permit disclosure of the agency's Freedom of Information Act (``FOIA'') 
request and appeal records to the Office of Government Information 
Services (``OGIS''), in order for OGIS to assist FOIA requesters, as 
needed, in processing and resolving their FOIA requests and appeals. In 
addition, the FTC is updating the records disposition section of the 
Privacy Act system of records notice for these records.

DATES: April 25, 2018, except that the new routine use shall be 
applicable May 25, 2018.

FOR FURTHER INFORMATION CONTACT: If you have general questions about 
the system, contact Dione Stearns, FOIA/PA Supervisor, Office of 
General Counsel, Federal Trade Commission, 600 Pennsylvania Avenue NW, 
Washington, DC 20580, (202) 326-2735. For specific questions about 
these amendments to the system notice, contact G. Richard Gold and Alex 
Tang, Attorneys, Office of the General Counsel, FTC, 600 Pennsylvania 
Avenue NW, Washington, DC 20580, (202) 326-2424.

SUPPLEMENTARY INFORMATION: 
    In a document previously published in the Federal Register, 82 FR 
10012 (Feb. 9, 2017), the Federal Trade Commission, as required by the 
Privacy Act, sought comments on a proposal to adopt a new routine use. 
See 5 U.S.C. 552a(e)(4) and (11). As the FTC explained, the new routine 
use, the text of which is set forth at the end of this document, 
authorizes the FTC to disclose FOIA request and appeal records 
comprising the FTC system of records designated as FTC-V-1 to the 
Office of Government Information Services (``OGIS''), in order for OGIS 
to assist requesters in the processing and resolution of their requests 
and appeals.
    The OPEN Government Act of 2007 amended the Freedom of Information 
Act and created OGIS within the National Archives and Records 
Administration (``NARA''). The 2007 FOIA amendments require OGIS to 
review agency FOIA policies, procedures, and compliance, and to offer 
mediation services to resolve disputes between FOIA requesters and 
agencies. See 5 U.S.C. 552(h).
    In order for OGIS to fulfill its statutory responsibilities, it 
requires access to FOIA request files originated and maintained by 
federal agencies including the FTC. However, because the FOIA request 
and appeal records (FTC-V-1) are governed by the Privacy Act, their 
disclosure normally requires the prior written consent of the 
individual to whom the records pertain (including, for example, an 
individual filing a FOIA request), unless the agency has published a 
routine use authorizing disclosure.
    The Privacy Act authorizes the agency to adopt routine uses that 
are consistent with the purpose for which information is collected. 5 
U.S.C. 552a(b)(3); see also 5 U.S.C. 552a(a)(7). The FTC believes that 
it is consistent with the purposes for which the FOIA request and 
appeal records covered by FTC-V-1 are collected to disclose such 
records routinely to OGIS to help OGIS mediate between individual FOIA 
requesters and agencies and ensure compliance with the FOIA statute. If 
agencies do not establish a ``routine use'' to provide for this 
proposed disclosure, OGIS would have to obtain the written consent of 
the individual FOIA requesters in order to obtain the access it 
requires to assist that requester. Simplifying the procedure for 
exchanging information would increase the efficiency of the FOIA 
administrative process. FTC staff understands that obtaining such 
consent has proven more complicated in some circumstances, e.g., when 
an agency, rather than the individual FOIA requester, seeks OGIS's 
assistance to mediate between the agency and the individual FOIA 
requester. Accordingly, since the purpose of collecting and maintaining 
these records is to facilitate the processing and disposition of FOIA 
requests, the Commission concludes that it is authorized under the 
Privacy Act to adopt a routine use permitting disclosure of these 
records to OGIS for that purpose.
    In addition, to correct some technical deficiencies identified by 
Office of Management and Budget (OMB) staff in the previously published 
notice, the FTC is publishing this updated notice: (1) To clarify that 
the text of Appendices I-III, cited in this system of records notice 
(SORN), is publicly available on the FTC's website and previously 
published in the Federal Register; (2) to modify the text of the 
security classification section, substituting the term ``unclassified'' 
for ``not applicable''; and (3) to provide additional legal citations 
in the history section.
    The FTC is also making a technical revision that updates the 
records disposition section of FTC-V-1. During January 2017, NARA 
issued General Records Schedule 4.2, Records of Information Access and 
Protection, in part superseding and rescinding General Records Schedule 
14, which previously covered FOIA-related records across the federal 
government. FTC-V-1's records disposition section has been updated 
accordingly.
    Other than the new routine use for disclosure to OGIS, for which 
the FTC has already provided a public comment period and notice to OMB 
and Congress, the technical changes described above are not considered 
significant under the Privacy Act and implementing OMB

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guidelines \1\ and thus do not require prior public comment or notice 
to the OMB and Congress.
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    \1\ See U.S.C. 552a(e)(11) and 552a(r); OMB Circular A-108 
(2016).
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    In light of the updated SORN template set forth in the newly 
revised OMB Circular A-108, the FTC is reprinting the text of the 
entire SORN, including the new routine use, for the public's benefit, 
to read as follows:
* * * * *
SYSTEM NAME AND NUMBER:
    Freedom of Information Act Requests and Appeals-FTC (FTC-V-1).

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, 
DC 20580. For other locations where records may be maintained or 
accessed, see Appendix III (Locations of FTC Buildings and Regional 
Offices), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 80 FR 9460, 9465 
(Feb. 23, 2015).

SYSTEM MANAGER(S):
    FOIA/PA Supervisor, Office of General Counsel, Federal Trade 
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, email: 
[email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Federal Trade Commission Act, 15 U.S.C. 41 et seq.; Freedom of 
Information Act, 5 U.S.C. 552.

PURPOSE(S) OF THE SYSTEM:
    To consider requests and appeals for access to records under the 
Freedom of Information Act; to determine the status of requested 
records; to respond to the requests and appeals; to make copies of FOIA 
requests and frequently requested records available publicly, under the 
FTC's Rules of Practice and FOIA; to maintain records, documenting the 
consideration and disposition of the requests for reporting, analysis, 
and recordkeeping purposes.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals filing requests for access to information under the 
Freedom of Information Act (FOIA); individuals named in the FOIA 
request; FTC staff assigned to help process, consider, and respond to 
such requests, including any appeals.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Communications (e.g., letters, emails) to and from the requesting 
party; agency documents generated or collected during processing and 
consideration of the request, including scanned copies of materials 
responsive to the FOIA request.

RECORD SOURCE CATEGORIES:
    Individual about whom the record is maintained and agency staff 
assigned to help process, review, or respond to the access request, 
including any appeal.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    (1) Request and appeal letters, and agency letters responding 
thereto, are placed on the FTC's public record and available to the 
public for routine inspection and copying. See FTC-I-6 (Public Records-
FTC).
    (2) As required by the FOIA, records that have been ``frequently 
requested'' and disclosed under the FOIA within the meaning of that 
Act, as determined by the FTC, are made available to the public for 
routine inspection and copying. See FTC-I-6 (Public Records-FTC).
    (3) Disclosure to the National Archives and Records Administration, 
Office of Government Information Services (OGIS), to the extent 
necessary to fulfill its responsibilities in 5 U.S.C. 552(h), to review 
administrative agency policies, procedures, and compliance with the 
Freedom of Information Act (FOIA), and to facilitate OGIS's offering of 
mediation services to resolve disputes between persons making FOIA 
requests and administrative agencies.
    For other ways that the Privacy Act permits the FTC to use or 
disclose system records outside the agency, see Appendix I (Authorized 
Disclosures and Routine Uses Applicable to All FTC Privacy Act Systems 
of Records), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 
33592, 36333-36334 (June 12, 2008).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained electronically using a commercial software 
application run on the agency's internal servers. Temporary paper files 
are destroyed once the request is complete.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Indexed by name of requesting party and subject matter of request. 
Records can also be searched by name, address, phone number, fax 
number, and email of the requesting party, subject matter of the 
request, requestor organization, FOIA number, and staff member assigned 
to the request.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with General 
Records Schedule 4.2, issued by the National Archives and Records 
Administration.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Requests, appeals, and responses available to the public, as 
described above. Access to nonpublic system records is restricted to 
FTC personnel or contractors whose responsibilities require access. 
Nonpublic paper records are temporary, maintained in lockable file 
cabinets or offices, and destroyed once the request is complete. Access 
to electronic records is controlled by ``user ID'' and password 
combination and other electronic access or network controls (e.g., 
firewalls). FTC buildings are guarded and monitored by security 
personnel, cameras, ID checks, and other physical security measures.

RECORD ACCESS PROCEDURES:
    See Sec.  4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For 
additional guidance, see also Appendix II (How To Make A Privacy Act 
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592, 
33634 (June 12, 2008).

CONTESTING RECORD PROCEDURES:
    See Sec.  4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For 
additional guidance, see also Appendix II (How To Make A Privacy Act 
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592, 
33634 (June 12, 2008).

NOTIFICATION PROCEDURES:
    See Sec.  4.13 of the FTC's Rules of Practice, 16 CFR 4.13. For 
additional guidance, see also Appendix II (How To Make A Privacy Act 
Request), available on the FTC's website at https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems and at 73 FR 33592, 
33634 (June 12, 2008).

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Records contained in this system that have been placed on the FTC 
public record are available upon request, as discussed above. However, 
pursuant to 5 U.S.C. 552a(k)(2), records in this system, which reflect 
records that are contained in other systems of records that are 
designated as exempt, are

[[Page 18060]]

exempt from the requirements of subsections (c)(3), (d), (e)(1), 
(e)(4)(G), (H), (I), and (f) of 5 U.S.C. 552a. See Sec.  4.13(m) of the 
FTC Rules of Practice, 16 CFR 4.13(m).

HISTORY:
    82 FR 27483-27485 (June 15, 2017).
    82 FR 10012-10014 (February 9, 2017).
    73 FR 33592-33634 (June 12, 2008).
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David C. Shonka,
Principal Deputy General Counsel.
[FR Doc. 2018-08628 Filed 4-24-18; 8:45 am]
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