Privacy Act of 1974; System of Records, 80211-80214 [2020-26753]

Agencies

• Social Security Administration

[Federal Register Volume 85, Number 239 (Friday, December 11, 2020)]
[Notices]
[Pages 80211-80214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-26753]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA-2018-0012]


Privacy Act of 1974; System of Records

AGENCY: Office of Analytics, Review, and Oversight, Social Security 
Administration (SSA).

ACTION: Notice of a modified system of records.

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SUMMARY: In accordance with the Privacy Act, we are issuing public 
notice of our intent to modify an existing system of records entitled, 
Anti-Fraud Enterprise Solution (AFES) (60-0388), last published on May 
3, 2018. This notice publishes details of the modified system as set 
forth under the caption, SUPPLEMENTARY INFORMATION.

DATES: The system of records notice (SORN) is applicable upon its 
publication in today's Federal Register. We invite public comment on 
the routine uses or other aspects of this SORN. In accordance with 5 
U.S.C. 552a(e)(4) and (e)(11), the public is given a 30-day period in 
which to submit comments. Therefore, please submit any comments by 
January 11, 2021.

ADDRESSES: The public, Office of Management and Budget (OMB), and 
Congress may comment on this publication by writing to the Executive 
Director, Office of Privacy and Disclosure, Office of the General 
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard, 
Baltimore, Maryland 21235-6401, or through the Federal e-Rulemaking 
Portal at https://www.regulations.gov. Please reference docket number 
SSA-2018-0012. All comments we receive will be available for public 
inspection at the above address and we will post them to https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Neil Etter, Government Information 
Specialist, Privacy Implementation Division, Office of Privacy and 
Disclosure, Office of the General Counsel, SSA, Room G-401 West High 
Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, 
telephone: (410) 966-5855, email: [email protected].

SUPPLEMENTARY INFORMATION: We are modifying the system of records name 
from ``Anti-Fraud Enterprise Solution'' to ``Anti-Fraud (AF) System'' 
to reflect the system accurately. The AF System is an agency-wide and 
overarching system that we use to detect, prevent, and mitigate fraud 
in SSA's programs. The AF System collects and maintains personally 
identifiable information (PII)

[[Page 80212]]

to assist in identifying suspicious or potentially fraudulent 
activities performed by individuals across our programs and service 
delivery methods.
    We are claiming that the AF System is exempt from certain 
provisions of the Privacy Act pursuant to 5 U.S.C. 552a(k)(2). Some 
information in the AF System relates to our efforts to mitigate, 
detect, and investigate fraud in Social Security's programs and systems 
and to collaborate with the Office of the Inspector General in fraud 
investigations and prosecutions. Therefore, we need these exemptions to 
protect information from public access. The exemptions are required to 
avoid disclosure of screening techniques; to protect the identities and 
physical safety of confidential informants; to ensure our ability to 
obtain information from third parties and other sources; and to protect 
the privacy of third parties. Allowing an individual to access the 
information in AF System could permit the individual to avoid detection 
or apprehension.
    In appropriate circumstances, when compliance would not appear to 
interfere with or adversely affect the law enforcement purposes of the 
AF System and the overall law enforcement process, we may, at our 
discretion, grant notification of or access to a record in the AF 
System. If an individual is denied any right, privilege, or benefit to 
which he or she is otherwise entitled under Federal law due to the 
maintenance of material in the AF System, we will provide such material 
to such individual, except to the extent that the disclosure of such 
material would reveal the identity of a source who furnished 
information to us under an express promise that the identity of the 
source would be held in confidence.
    SSA claims exemption from Privacy Act subsection (c)(3) (Accounting 
and Disclosure); subsection (d) (Access and Amendment to Records); 
subsection (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements); 
and subsection (f) (Agency Rules) for this system of records. We claim 
exemption from these Privacy Act subsections for the AF System because 
release of the accounting of disclosures, access to the records, and 
notice to individuals with respect to existence of records could alert 
the individual whom might be a subject of an investigation of an actual 
or potential criminal, civil, or regulatory violation to the existence 
of that investigation. Disclosures of accounting would therefore 
present a serious impediment to law enforcement efforts. These Privacy 
Act subsections would permit the individual who is the subject of a 
record to impede the investigation, to tamper with witnesses, or 
evidence, and to avoid detection or apprehension, which would undermine 
the investigative process. Thereby, these Privacy Act subsections would 
undermine SSA investigative efforts and reveal the identities of 
witnesses, and potential witnesses, and confidential informants.
    The AF System supports our goal of enhancing SSA's fraud prevention 
and detection activities by protecting the public's data, providing 
secure online services, and increasing payment accuracy. The AF System 
provides us with access to a single repository of data that currently 
resides across many different SSA systems of records. We use the PII in 
the AF System to employ advanced data analytics solutions to identify 
patterns indicative of fraud, improve the functionality of data-driven 
fraud activations, conduct real-time risk analysis, and integrate 
developing technology into our anti-fraud business processes. This 
solution also provides true business intelligence to agency leadership 
with assistance in data-driven anti-fraud decision-making. We use the 
records in the AF System to detect indications of fraud in all our 
programs and operations initiated by individuals outside of SSA or 
internal to SSA (e.g., SSA employees).
    In accordance with 5 U.S.C. 552a(r), we provided a report to OMB 
and Congress on this modified system of records. Concurrently, in 
today's edition of the Federal Register, we are publishing a Notice of 
Proposed Rulemaking (NPRM), in which we propose the addition of this 
system of records to the list of systems exempted under the Privacy 
Act.\1\
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    \1\ The public may access the NPRM at www.regulations.gov and 
searching under the common docket folder, ``SSA-2018-00012''.

Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the 
General Counsel.

SYSTEM NAME AND NUMBER:
    Anti-Fraud (AF) System, 60-0388

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION: Social Security Administration, Office of Analytics, 
Review, and Oversight, Office of Anti-Fraud Programs, Robert M. Ball 
Building, 6401 Security Boulevard, Baltimore, MD 21235.
SYSTEM MANAGER(S):
    Social Security Administration, Office of Analytics, Review, and 
Oversight, Office of Anti-Fraud Programs, Robert M. Ball Building, 6401 
Security Boulevard, Baltimore, MD 21235, [email protected].

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    Sections 205(a) and 702(a)(5) of the Social Security Act, as 
amended, and the Fraud Reduction and Data Analytics Act of 2015 (Pub. 
L. 114-186).

PURPOSE(S) OF THE SYSTEM:
    The records maintained in the AF System are necessary to detect, 
prevent, mitigate, and track the likelihood of fraudulent activity in 
SSA's programs and operations. We will use information in this system 
to identify patterns of fraud and to improve data-driven fraud 
activations and real-time analysis. We may use the results of these 
data analysis activities, including fraud leads and vulnerabilities, in 
our fraud investigations and other activities to support program and 
operational improvements.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    This system maintains information about individuals who are 
relevant to suspicious or potentially fraudulent activities connected 
with Social Security programs and operations, including but not limited 
to, the subjects of an investigation, Social Security applicants and 
beneficiaries, recipients, Supplemental Security income applicants and 
recipients, representative payees, appointed representatives, 
complainants, key witnesses, and current or former employees, 
contractors, or agents.

CATEGORIES OF RECORDS IN THE SYSTEM:
    We will collect and maintain information in connection with our 
review of all suspicious or potentially fraudulent activities in Social 
Security programs and operations. We will also collect and maintain SSA 
and non-SSA breach information, including data generated internally or 
received from businesses with whom SSA has a relationship or government 
entities or partners.
    The AF System includes records on individuals that it obtains from 
other SSA systems of records and will maintain information such as:
    Enumeration Information: This information may include name, Social 
Security number (SSN), date of birth, parent name(s), address, and 
place of birth.
    Earnings Information: This information may include yearly earnings 
and quarters of coverage information.
    Social Security Benefit Information: This information may include 
disability status, benefit payment amount, data relating to the 
computation, appointed representative, and representative payee.

[[Page 80213]]

    Supplemental Security Income payment information: This information 
may include may include disability status, benefit payment amount, data 
relating to the computation, appointed representative, and 
representative payee.
    Representative Payee Information: This information may include 
names, SSNs, and addresses of representative payees and relationship 
with the beneficiary.
    Persons Conducting Business with Us Through Electronic Services: 
This information may include name, address, date of birth, SSN, 
knowledge-based authentication data, and blocked accounts.
    Employee Information: This information may include a personal 
identification number (PIN), employee name, job title, SSN about our 
employees, contractors, or agents.

RECORD SOURCE CATEGORIES:
    We obtain information in this system from individuals (i.e., the 
public and SSA staff), other Government agencies, and private entities. 
The largest record sources for the AF System is information the agency 
collects and maintains for purposes related to other business processes 
that have established systems of records, such as the Master Files of 
SSN Holders and SSN Applications (60-0058), the Claims Folders System 
(60-0089), the Master Beneficiary Record (60-0090), the Supplemental 
Security Income Record and Special Veterans Benefits (60-0103), the 
Personal Identification Number File (60-0214), the Master 
Representative Payee File (60-0222), and the Central Repository of 
Electronic Authentication Data Master File (60-0373). The AF System may 
pull any relevant information from any SSA system of records. For a 
full listing of our system of records notices that could provide 
information to the AF System, please see the Privacy Program section of 
SSA's website.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    We will disclose records pursuant to the following routine uses; 
however, we will not disclose any information defined as ``return or 
return information'' under 26 U.S.C. 6103 of the Internal Revenue Code 
(IRC), unless authorized by statute, the Internal Revenue Service 
(IRS), or IRS regulations.
    1. To any agency, person, or entity in the course of an SSA 
investigation to the extent necessary to obtain or to verify 
information pertinent to an SSA fraud investigation.
    2. To a congressional office in response to an inquiry from that 
office made on behalf of, and at the request of, the subject of the 
record or a third party acting on the subject's behalf.
    3. To the Office of the President in response to an inquiry 
received from that office made on behalf of, and at the request of, the 
subject of record or a third party acting on the subject's behalf.
    4. To the Department of Justice (DOJ), a court or other tribunal, 
or another party before such court or tribunal, when:
    (a) SSA, or any component thereof; or
    (b) any SSA employee in his or her official capacity; or:
    (c) any SSA employee in his or her individual capacity where DOJ 
(or SSA where it is authorized to do so) has agreed to represent the 
employee; or
    (d) the United States or any agency thereof where SSA determines 
the litigation is likely to SSA or any of its components, is a party to 
the litigation or has an interest in such litigation, and we determine 
that the use of such records by DOJ, a court or other tribunal, or 
another party before the tribunal, is relevant and necessary to the 
litigation, provided, however, that in each case, we determine that 
such disclosure is compatible with the purpose for which the records 
were collected.
    5. To contractors and other Federal agencies, as necessary, for the 
purpose of assisting us in the efficient administration of its 
programs. We will disclose information under this routine use only in 
situations in which we may enter into a contractual or similar 
agreement to obtain assistance in accomplishing an SSA function 
relating to this system of records.
    6. To student volunteers, individuals working under a personal 
services contract, and other workers who technically do not have the 
status of Federal employees, when they are performing work for SSA, as 
authorized by law, and they need access to PII in our records in order 
to perform their assigned agency functions.
    7. To Federal, State, and local law enforcement agencies and 
private security contractors, as appropriate, if necessary:
    (a) to enable them to protect the safety of SSA employees and 
customers, the security of the SSA workplace, and the operation of our 
facilities, or
    (b) to assist investigations or prosecutions with respect to 
activities that affect such safety and security, or activities that 
disrupt the operation of our facilities.
    8. To the National Archives and Records Administration (NARA) under 
44 U.S.C. 2904 and 2906.
    9. To appropriate agencies, entities, and persons when:
    (a) SSA suspects or has confirmed that there has been a breach of 
the system of records;
    (b) SSA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, SSA (including 
its information systems, programs, and operations), the Federal 
Government, or national security; and
    (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with SSA's efforts to 
respond to the suspected or confirmed breach or to prevent, minimize, 
or remedy such harm.
    10. To another Federal agency or Federal entity, when we determine 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in:
    (a) responding to suspected or confirmed breach; 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.
    11. To the Equal Employment Opportunity Commission, when requested 
in connection with investigations into alleged or possible 
discriminatory practices in the Federal sector, examination of Federal 
affirmative employment programs, compliance by Federal agencies with 
the Uniform Guidelines on Employee Selection Procedures, or other 
functions vested in the Commission.
    12. To the Office of Personnel Management, Merit Systems Protection 
Board, or the Office of Special Counsel in connection with appeals, 
special studies of the civil service and other merit systems, review of 
rules and regulations, investigations of alleged or possible prohibited 
personnel practices, and other such functions promulgated in 5 U.S.C. 
Chapter 12, or as may be required by law.
    13. To the Federal Labor Relations Authority, the Office of the 
Special Counsel, the Federal Mediation and Conciliation Service, the 
Federal Service Impasses Panel, or an arbitrator requesting information 
in connection with the investigations of allegations of unfair 
practices, matters before an arbitrator or the Federal Service Impasses 
Panel.

[[Page 80214]]

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    We maintain records in this system in paper and electronic form.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    We will retrieve records by the individual's name, SSN, as well as 
internal transaction identifiers (e.g., transaction identification for 
the internet Claim application, transaction identification for an 
electronic online Direct Deposit change, etc.). Information from these 
retrieved records that matches across other agency systems of records 
will also create a linkage to retrieve those records, because the 
system is able to show key connections or overlaps based on similar 
information stored in different data sources at the agency.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    These records are currently unscheduled. We retain the records in 
accordance with NARA approved records schedules. In accordance with 
NARA rules codified at 36 CFR 1225.16, we maintain unscheduled records 
until NARA approves an agency-specific records schedule or publishes a 
corresponding General Records Schedule.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    We retain electronic and paper files containing personal 
identifiers in secure storage areas accessible only by our authorized 
employees who have a need for the information when performing their 
official duties. Security measures include, but are not limited to, the 
use of codes and profiles, personal identification number and password, 
and personal identification verification cards. We restrict access to 
specific correspondence within the system based on assigned roles and 
authorized users. We maintain electronic files with personal 
identifiers in secure storage areas. We will use audit mechanisms to 
record sensitive transactions as an additional measure to protect 
information from unauthorized disclosure or modification. We keep paper 
records in cabinets within secure areas, with access limited to only 
those employees who have an official need for access in order to 
perform their duties.
    We annually provide our employees and contractors with appropriate 
security awareness training that includes reminders about the need to 
protect PII and the criminal penalties that apply to unauthorized 
access to, or disclosure of PII. See 5 U.S.C. 552a(i)(1). Furthermore, 
employees and contractors with access to databases maintaining PII must 
annually sign a sanction document that acknowledges their 
accountability for inappropriately accessing or disclosing such 
information.

RECORD ACCESS PROCEDURES:
    This system of records is exempt from the Privacy Act's access, 
contesting, and notification provisions stated below. However, 
individuals may submit requests for information about whether this 
system contains a record about them by submitting a written request to 
the system manager at the above address, which includes their name, 
SSN, or other information that may be in this system of records that 
will identify them. Individuals requesting notification of, or access 
to, a record by mail must include (1) a notarized statement to us to 
verify their identity or (2) must certify in the request that they are 
the individual they claim to be and that they understand that the 
knowing and willful request for, or acquisition of, a record pertaining 
to another individual under false pretenses is a criminal offense.
    Individuals requesting notification of or access to, records in 
person must provide their name, SSN, or other information that may be 
in this system of records that will identify them, as well as provide 
an identity document, preferably with a photograph, such as a driver's 
license. Individuals lacking identification documents sufficient to 
establish their identity must certify in writing that they are the 
individual they claim to be and that they understand that the knowing 
and willful request for, or acquisition of, a record pertaining to 
another individual under false pretenses is a criminal offense.
    These procedures are in accordance with our regulations at 20 CFR 
401.40 and 401.45.

CONTESTING RECORD PROCEDURES:
    Same as record access procedures. Individuals should also 
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. These procedures are 
in accordance with our regulations at 20 CFR 401.65(a).

NOTIFICATION PROCEDURES:
    Same as record access procedures. These procedures are in 
accordance with our regulations at 20 CFR 401.40 and 401.45.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    This system of records is exempt from certain provisions of the 
Privacy Act pursuant to 5 U.S.C. 552a(k)(2). Rules have been 
promulgated in accordance with the requirements of 5 U.S.C. 553(b), 
(c), and (e) and have been published in today's Federal Register.

HISTORY:
    Anti-Fraud Enterprise Solution (AFES), 83 FR 19588.

[FR Doc. 2020-26753 Filed 12-10-20; 8:45 am]
BILLING CODE 4191-02-P