Privacy Act of 1974; System of Records, 76109-76112 [2020-25467]

Agencies

• National Labor Relations Board

[Federal Register Volume 85, Number 229 (Friday, November 27, 2020)]
[Notices]
[Pages 76109-76112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25467]


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NATIONAL LABOR RELATIONS BOARD


Privacy Act of 1974; System of Records

AGENCY: National Labor Relations Board (NLRB).

ACTION: Notice of a new privacy act system of records.

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SUMMARY: In accordance with the Privacy Act of 1974, the National Labor 
Relations Board proposes to issue a National Labor Relations Board 
system of records notice titled ``NLRB iTrak and Banned Entry List'' 
(NLRB-34) to support the protection of employees, contractors, and 
property leased, or occupied, by the National Labor Relations Board. 
This system of records includes the NLRB's iTrak Incident & Security 
Management Software System (``iTrak''), which is used to manage 
information on individuals who have been reported to present a threat 
or potential threat to NLRB employees, contractors, and property, as 
well as a Banned Entry List, which is a list of individuals banned from 
entering NLRB facilities based on information in iTrak. The system 
allows the National Labor Relations Board to collect and maintain 
records on the results of law enforcement activities concerning 
individuals maintaining a presence at or who have access to property 
leased or occupied by the NLRB and who have been reported to present a 
threat as described above. The NLRB is issuing this system of records 
notice in compliance with the Privacy Act of

[[Page 76110]]

1974. This issued system notice will be included in the NLRB inventory 
of record systems. All persons are advised that, in the absence of 
submitted comments considered by the Agency as warranting modification 
of the notice as here proposed, it is the intention of the Agency that 
the notice shall be effective upon expiration of the comment period 
without further action.

DATES: Written comments on the system's routine uses must be submitted 
on or before December 28, 2020. This system will be effective upon 
publication. The routine uses in this action will become effective on 
December 28, 2020 unless written comments are received that require a 
contrary determination.

ADDRESSES: All persons who desire to submit written comments for 
consideration by the Agency in connection with this proposed notice of 
the amended system of records shall mail them to the Agency's Senior 
Agency Official for Privacy, National Labor Relations Board, 1015 Half 
Street SE, Third Floor, Washington, DC 20570-0001, or submit them 
electronically to [email protected]. Comments may also be submitted 
electronically through https://www.regulations.gov, which contains a 
copy of this proposed notice and any submitted comments.

FOR FURTHER INFORMATION CONTACT: For general questions and privacy 
issues please contact: Virginia Ephraim, Privacy and Information 
Security Specialist, Office of the Chief Information Officer, National 
Labor Relations Board, 1015 Half Street SE, Third Floor, Washington, DC 
20570-0001, (202) 273-3733, or at [email protected].

SUPPLEMENTARY INFORMATION: The Agency exempts a new system of records, 
NLRB-34, NLRB iTrak and Banned Entry List, from the following 
provisions of the Privacy Act: 5 U.S.C. 552a(c)(3), (d), (e)(1), 
(e)(4)(G), (e)(4)(H), (e)(4)(I), and (f). The Agency is claiming 
exemptions pursuant to Section 5 U.S.C. 552a(k)(1), (2), and (5) of 
that Act. The Agency's Direct Final Rule setting forth these exemptions 
appears elsewhere in this issue of the Federal Register.
    In accordance with 5 U.S.C. 552a(r), the NLRB has provided a report 
of this system of records to Congress and to the Office of Management 
and Budget.
NLRB-34

SYSTEM NAME:
    NLRB iTrak and Banned Entry List.

SECURITY CLASSIFICATION:
    Most of the iTrak and Banned Entry List records are not classified. 
However, limited records of individuals, or portions of records, may be 
classified in the interest of national security.

SYSTEM LOCATION:
    Records are maintained at the National Labor Relations Board 
Headquarters in Washington, DC and in NLRB field locations, which are 
available at https://www.nlrb.gov/who-we-are/regional-offices.

SYSTEM MANAGER:
    For all locations: Chief Security Officer, Security Branch, (202) 
273-1990, 1015 Half Street SE, Washington, DC 20570-0001.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Executive Order 12958, as amended by Executive Order 13292; Title 5 
U.S.C. 552a(e)(10); Title 44 U.S.C. chapters 21 and 33. These statutes 
and Executive Orders are directed toward security of United States 
Government records maintained by federal agencies. Title 40 U.S.C. 
section 1315, and title 41 CFR 102-81.10 and 81.15. This statute and 
the federal regulations are directed toward security of United States 
Government buildings and the people working at and visiting such 
buildings.

PURPOSES OF THE SYSTEM:
    The purpose of this system is to maintain and record the results of 
law enforcement activities in support of the protection of NLRB 
employees and contractors and of property leased or occupied by the 
National Labor Relations Board and its Regional Offices. It will also 
be used to pursue criminal prosecution or civil penalty actions against 
individuals or entities suspected of offenses that may have been 
committed against property owned, occupied, or secured by the NLRB or 
persons on the property.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Categories of individuals covered by this system include:
    Individuals or entities involved in, suspected of being involved 
in, or who the Agency believes may become involved in criminal acts 
against the buildings, grounds, and property that are leased or 
occupied by the National Labor Relations Board, or against persons who 
are in or on such buildings, grounds, or property.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records in the system may include the following types of 
information about individuals:
     Individual's or entity's name;
     Alias;
     Digital video recordings and Closed Circuit Television 
(CCTV) recordings;
     Audio recordings;
     Date of birth, place of birth, and age;
     Social Security number;
     Alien File Number (A-Number);
     Duty/work address and telephone number;
     Race and ethnicity;
     Citizenship;
     Sex;
     Marital status;
     Identifying marks (e.g., tattoos, scars);
     Height and weight;
     Eye and hair color;
     Biometric data (e.g., photograph, fingerprints);
     Home address, telephone number, and other contact 
information;
     Driver's license information and citations issued;
     Vehicle information;
     Date, location, nature and details of the incident/
offense;
     Alcohol, drugs, or weapons involvement;
     Bias against any particular group;
     Confinement information to include location of 
correctional facility;
     Gang/cult affiliation, if applicable;
     Release/parole/clemency eligibility dates;
     Foreign travel notices and reports including briefings and 
debriefings;
     Notices and reports with foreign contacts;
     Reports of investigation;
     Statements of individuals, affidavits, and correspondence;
     Documentation pertaining to criminal activities;
     Investigative surveys;
     Certifications pertaining to qualifications for 
employment, including but not limited to education, firearms, first 
aid, and CPR;
     Technical, forensic, polygraph, and other investigative 
support to criminal investigations to include source control 
documentation and regional information;
     Data on individuals to include victims, witnesses, 
complainants, offenders, and suspects;
     Records of possible espionage, foreign intelligence 
service elicitation activities, and terrorist collection efforts 
directed at the U.S. Government or its staff, contractors, or visitors;
     Records of close coordination with the intelligence and 
law enforcement community.

RECORD SOURCE CATEGORIES:
    Records are obtained from sources contacted during investigations; 
NLRB

[[Page 76111]]

employees; state, tribal, international, and local law enforcement; and 
federal departments and agencies.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b), all or a portion of the records or information contained in 
this system may be disclosed outside the NLRB as a routine use pursuant 
to 5 U.S.C. 552a(b)(3) as follows:
    1. To the Department of Justice for use in litigation when either 
(a) the Agency or any component thereof, (b) any employee of the Agency 
in his or her official capacity, (c) any employee of the Agency in his 
or her individual capacity where the Department of Justice has agreed 
to represent the employee, or (d) the United States Government is a 
party to litigation or has an interest in such litigation, and the 
Agency determines that the records are both relevant and necessary to 
the litigation.
    2. To a court or other adjudicative body before which the Agency is 
authorized to appear, when either (a) the Agency or any component 
thereof, (b) any employee of the Agency in his or her official 
capacity, (c) any employee of the Agency in his or her individual 
capacity, where the Agency has agreed to represent the employee, or (d) 
the United States Government is a party to litigation or has an 
interest in such litigation, and the Agency determines that the records 
are both relevant and necessary to the litigation.
    3. To a Member of Congress or to a Congressional staff member in 
response to an inquiry of the Congressional office made at the written 
request of the constituent about whom the record is maintained. 
However, the investigative file, or parts thereof, will only be 
released to a Congressional office if the Agency receives a signed 
statement under 28 U.S.C. 1746 from the subject of the investigation.
    4. To the National Archives and Records Administration (NARA) 
pursuant to records management inspections being conducted under the 
authority of 44 U.S.C. 2904 and 2906.
    5. 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.
    6. To appropriate agencies, entities, and persons when:
    a. The National Labor Relations Board determines that the use of 
information from this system of records is reasonably necessary and 
otherwise compatible with the purpose of collection to assist another 
federal recipient agency or entity in (a) responding to a suspected or 
confirmed breach of private information, or (b) preventing, minimizing, 
or remedying the risk of harm to individuals, the recipient agency or 
entity (including its information systems, programs, and operations), 
the Federal Government, or national security resulting from a suspected 
or confirmed breach; or
    b. the National Labor Relations Board suspects or has confirmed 
there has been a breach of this system of records; and (a) the NLRB has 
determined that as a result of the suspected or confirmed breach, there 
is a risk of harm to individuals, harm to the NLRB (including its 
information systems, programs, and operations), the Federal Government, 
or national security; and (b) the disclosure made to such agencies, 
entities, and persons is reasonably necessary to assist in connection 
with the NLRB's efforts to respond to the suspected or confirmed breach 
or to prevent, minimize, or remedy such harm.
    7. To contractors and their agents, grantees, experts, consultants, 
and others performing or working on a contract, service, grant, 
cooperative agreement, or other assignment for NLRB, when necessary to 
accomplish an agency function related to this system of records. 
Individuals provided information under this routine use are subject to 
the same Privacy Act requirements and limitations on disclosure as are 
applicable to NLRB employees.
    8. To an appropriate federal, state, tribal, or local law 
enforcement agency or other appropriate authority charged with 
investigating or prosecuting a violation or enforcing or implementing a 
law, rule, regulation, or order, when a record, either on its face or 
in conjunction with other information, indicates a violation or 
potential violation of law, which includes criminal, civil, or 
regulatory violations, and such disclosure is proper and consistent 
with the official duties of the person making the disclosure.
    9. To a court, magistrate, or administrative tribunal in the course 
of presenting evidence, including disclosures to opposing counsel or 
witnesses in the course of civil discovery, litigation, or settlement 
negotiations or in connection with criminal law proceedings or pursuant 
to the order of a court of competent jurisdiction.
    10. To third parties during the course of a law enforcement 
investigation to the extent necessary to obtain information pertinent 
to the investigation, provided disclosure is appropriate to the proper 
performance of the official duties of the officer making the 
disclosure.
    11. To a federal, state, local agency, or other appropriate 
entities or individuals, or through established liaison channels to 
selected foreign governments, in order to provide intelligence, 
counterintelligence, or other information for the purposes of 
intelligence, counterintelligence, or antiterrorism activities 
authorized by United States law, Executive Order, or other applicable 
national security directive.
    12. To a public or professional licensing organization when such 
information indicates, either by itself or in combination with other 
information, a violation or potential violation of professional 
standards, or reflects on the moral, educational, or professional 
qualifications of an individual who is licensed or who is seeking to 
become licensed.
    13. To individuals involved in incidents occurring on federal 
facilities, their insurance companies, and their attorneys for the 
purpose of adjudicating a claim, such as personal injury, traffic 
accident, or other damage to property. The release of personal 
information is limited to that required to adjudicate a claim.
    14. To the news media and the public, with the approval of the 
Senior Agency Official for Privacy in consultation with counsel, when 
there exists a legitimate public interest in the disclosure of the 
information, when disclosure is necessary to preserve confidence in the 
integrity of the NLRB, or when disclosure is necessary to demonstrate 
the accountability of the NLRB's employees or individuals covered by 
the system, except to the extent the Senior Agency Official for Privacy 
determines that release of the specific information in the context of a 
particular case would constitute a clearly unwarranted invasion of 
personal privacy.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records are maintained in paper format in file folders, on digital 
images, and in electronic databases. Any classified information is 
maintained in a storage container that meets classification 
requirements.

[[Page 76112]]

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records may be retrieved by individual name or other personal 
identifier listed in ``Categories of Records,'' when applicable.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are maintained in accordance with NARA General Records 
Schedule 5.6, Security Records, Item 010 Security Administrative 
Records, which generally requires destruction after three years, but 
which also permits longer retention as required for business use. 
Disposition Authority: DAA-GRS-2017-0006-0001.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Paper--Paper files are stored in a locked file cabinet or a secure 
facility with an intrusion alarm system at NLRB Headquarters in the 
Security Branch. Access is limited to security specialists and their 
duly authorized representatives who have a need to know the information 
for the performance of their official duties. The U.S. Postal Service 
and other postal providers are used to transmit hard copy records sent 
to and from field offices, other agencies, and designated individuals.
    Electronic--Comprehensive electronic records are maintained in the 
Security Branch and on the NLRB network. Electronic records are 
maintained in computer databases in a secure room accessible only by a 
personal identity verification card reader which is limited to Office 
of Chief Information Officer designated employees. Information that is 
transmitted electronically from field offices is encrypted. Access to 
the records is restricted to security staff with a specific role in 
creating and maintaining the Banned Entry List.

NOTIFICATION PROCEDURES:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), and (5), 
an individual may inquire as to whether this system contains a record 
pertaining to such individual by sending a request in writing, signed, 
to the System Manager at the address above, in accordance with the 
procedures set forth in 29 CFR 102.119(a).
    An individual requesting notification of records in person must 
provide identity documents sufficient to satisfy the custodian of the 
records that the requester is entitled to such notification, such as a 
government-issued photo ID. Individuals requesting notification via 
mail must furnish, at minimum, name, date of birth, and home address in 
order to establish identity.

RECORD ACCESS PROCEDURES:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), and (5), 
an individual seeking to gain access to records in this system 
pertaining to him or her should contact the System Manager at the 
address above, in accordance with the procedures set forth in 29 CFR 
102.119(b) and (c).
    An individual requesting access in person must provide identity 
documents sufficient to satisfy the custodian of the records that the 
requester is entitled to such access, such as a government-issued photo 
ID. Individuals requesting access via mail must furnish, at minimum, 
name, date of birth, and home address in order to establish identity. 
Requesters should also reasonably specify the record contents being 
sought. Investigative information created by other agencies remains the 
property of those agencies and requests regarding such material must be 
directed to them.

CONTESTING RECORD PROCEDURES:
    For records not exempted under 5 U.S.C. 552a(k)(1), (2), and (5), 
an individual may request amendment of a record pertaining to such 
individual maintained in this system by directing a request to the 
System Manager at the address above, in accordance with the procedures 
set forth in 29 CFR 102.119(d).
    An individual seeking to contest records in person must provide 
identity documents sufficient to satisfy the custodian of the records 
that the requester is entitled to contest such records, such as a 
government-issued photo ID. Individuals seeking to contest records via 
mail must furnish, at minimum, name, date of birth, and home address in 
order to establish identity. Requesters should also reasonably identify 
the record, specify the information they are contesting, state the 
corrective action sought and the reasons for the correction along with 
supporting justification showing why the record is not accurate, 
timely, relevant, or complete. Investigative information created by 
other agencies remains the property of those agencies and requests 
regarding such material must be directed to them.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    Pursuant to 5 U.S.C. 552a(k)(1), (2), and (5), the Agency has 
exempted portions of this system that relate to providing an accounting 
of disclosures to the data subject, and access to and amendment of 
records (5 U.S.C. 552a(c)(3),(d), (e)(1), (e)(4)(G), (e)(4)(H), 
(e)(4)(I), and (f)). This system may contain the following types of 
information:
    1. Properly classified information subject to the provisions of 
section 552(b)(1), which describes matters that are: (A) Specifically 
authorized under criteria established by an Executive order to be kept 
secret in the interest of national defense or foreign policy and (B) in 
fact properly classified pursuant to such Executive order.
    2. Investigatory material compiled for law enforcement purposes, 
other than material within the scope of 5 U.S.C. 552a(j)(2): Provided, 
however, that if any individual is denied any right, privilege, or 
benefit to which he would otherwise be entitled by Federal law, or for 
which he would otherwise be eligible, as a result of the maintenance of 
such material, such material shall be provided to such individual, 
except to the extent that the disclosure of such material would reveal 
the identity of a source who furnished information to the Government 
under an express promise that the identity of the source would be held 
in confidence, or, prior to September 27, 1975, under an implied 
promise that the identity of the source would be held in confidence.
    3. Investigatory material compiled solely for the purpose of 
determining suitability, eligibility, or qualifications for Federal 
civilian employment and Federal contracts or access to classified 
information. Materials may be exempted to the extent that release of 
the material to the individual whom the information is about would 
reveal the identity of a source who furnished information to the 
Government under an express promise that the identity of the source 
would be held in confidence, or, prior to September 27, 1975, furnished 
information to the Government under an implied promise that the 
identity of the source would be held in confidence. When this system 
receives a record from another system exempted in that source system 
under 5 U.S.C. 552a(j)(2), the NLRB will claim the same exemptions for 
those records that are claimed for the original primary systems of 
records from which they originated and claim any additional exemptions 
set forth here.

HISTORY:
    None.


    Dated: November 13, 2020. Washington, DC.

    By direction of the Board.
Roxanne L. Rothschild,
Executive Secretary, National Labor Relations Board.
[FR Doc. 2020-25467 Filed 11-25-20; 8:45 am]
BILLING CODE 7545-01-P