Privacy Act of 1974; Notice of a Modified System of Records, 70819-70822 [2022-25420]

Agencies

• General Services Administration

[Federal Register Volume 87, Number 223 (Monday, November 21, 2022)]
[Notices]
[Pages 70819-70822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25420]


-----------------------------------------------------------------------

GENERAL SERVICES ADMINISTRATION

[Notice-ID-2022-02; Docket No. 2022-0002; Sequence No. 29]


Privacy Act of 1974; Notice of a Modified System of Records

AGENCY: Office of the Chief Privacy Officer, General Services 
Administration (GSA).

ACTION: Notice of a modified system of records.

-----------------------------------------------------------------------

SUMMARY: GSA proposes to modify a system of records subject to the 
Privacy Act of 1974, as amended. Login.gov is a secure sign-in service 
with the capability to authenticate and identity proof users before the 
user is granted access to participating government websites or 
applications. GSA is modifying the categories of records in the system, 
the policies and practices for retrieval and routine uses of records, 
and removing outdated references to National Institute of Standards and 
Technology (NIST) technical standards. This modification is intended to 
revise and replace all notices previously describing this system of 
records.

DATES:  Submit comments on or before: December 21, 2022.

ADDRESSES: Submit comments identified by ``Notice-ID-2022-02, Notice of 
Modified System of Records'' via. Submit comments via https://www.regulations.gov, the Federal eRulemaking portal, by searching for 
Notice-ID-2022-02, Notice of Modified System of Records. Select the 
link ``Comment Now'' that corresponds with ``Notice-ID-2022-02, Notice 
of Modified System of Records.'' Follow the instructions provided on 
the screen. Please include your name, company name (if any), and 
``Notice-ID-2022-02, Notice of Modified System of Records'' on your 
attached document.

FOR FURTHER INFORMATION CONTACT: Richard Speidel, Chief Privacy 
Officer, GSA, by email at [email protected] or by phone at 202-
969-5830.

SUPPLEMENTARY INFORMATION: GSA proposes to alter language in this 
system of records to remove an outdated NIST technical standard, and 
instead use plain language to describe the system's authentication and 
identity proofing process.
    In 2019, the Office of Management and Budget (OMB) published 
Memorandum 2019-17 (M-19-17), which withdrew Memorandum 2004-04 (M-04-
04) and specified the most recent version of NIST SP 800-63 as 
authoritative for defining levels associated with the rigor of various 
digital identity related functions. OMB directed agencies to transition 
from the prior use of Levels of Assurance (LOAs) from M-04-04 in favor 
of Authentication Assurance Levels (AALs), Identity Assurance Levels 
(IALs), and Federation Assurance Levels (FALs).
    To prevent future potential misalignment between Federal guidance 
and this system of record notice (SORN), this revision removes 
references to NIST standards and instead uses plain language 
descriptions of Login.gov's authentication and identity proofing 
process. This revision also adds categories of records and two new 
routine uses related to research studies and fraud prevention 
operations, and details the records management practices for those new 
records.
    Specifically:
     references to Level of Assurance (LOA) are removed because 
that is an outdated NIST technical standard and Login.gov instead uses 
plain language descriptions of its authentication and identity proofing 
process;
     use of records to increase coverage and access to 
authentication and identity proofing services to the public, including 
studies evaluating impacts to equitable access by identity 
verification.
     use of records to support fraud prevention operations to 
preserve

[[Page 70820]]

integrity of the authentication and identity proofing system.

Richard Speidel,
Chief Privacy Officer, Office of the Deputy Chief Information Officer, 
General Services Administration.

SYSTEM NAME AND NUMBER:
    GSA/TTS-1 (Login.gov)

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    General Services Administration owns Login.gov, which is housed in 
secure data centers in the continental United States. Contact the 
System Manager listed below for additional information.

SYSTEM MANAGER(S):
    Daniel Lopez-Braus, Director, Login.gov, TTS, Office of Solutions, 
General Services Administration, 1800 F Street NW, Washington, DC 
20405. https://www.Login.gov.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    E-Government Act of 2002 (Pub. L. 107-347, 44 U.S.C. 3501 note), 6 
U.S.C. 1523 (b)(1)(A)-(E), and 40 U.S.C. 501.

PURPOSES(S) OF THE SYSTEM:
    The purposes of the system are:
     to provide a secure sign-in service with the capability to 
authenticate and identity proof users before the user is granted access 
to participating government websites or applications;
     to prevent fraud and to protect the integrity of the 
Login.gov system; and
     to conduct studies into enhancements to the secure sign-in 
service, including demographic studies of the equitable performance of 
new technologies.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Individuals covered by this system of records include members of 
the public seeking electronic access to a website or application from a 
federal, state, or local agency that has integrated with Login.gov 
(``partner agency'') and participants in studies commissioned by GSA to 
evaluate equitable performance of new identity verification and fraud 
prevention technologies.

CATEGORIES OF RECORDS IN THE SYSTEM:
    The system contains information provided by individuals who create 
and use Login.gov accounts. There are two types of accounts in the 
Login.gov system: records related to the process of authenticating a 
Login.gov user's account, and records related to the process in which 
an individual's identity is verified.
    For accounts for which Login.gov is authenticating the user, the 
system collects and maintains:
     email address,
     password,
     and phone number (optionally).
    For accounts that require a verified identity, the system collects 
and maintains:
     photographs of their government-issued ID, to include all 
personal information and images on the ID. Photographs are stored in an 
encrypted format, and are only accessed to investigate suspected or 
confirmed fraud;
     Social Security Number (SSN); and
     phone number or postal address.
    Each third-party identity proofing service will send information 
back to Login.gov about its attempt to identity proof the user, 
including:
     Transaction ID;
     pass/fail indicator;
     date/time of transaction; and
     status codes associated with the transaction data.
    Each partner agency whose services the user accesses via Login.gov 
may add its own unique identifier to that user's account information.
    To protect the public and the integrity of the system, Login.gov 
needs to detect and prevent fraud while providing redress to users who 
were unable to complete identity verification. To that end, Login.gov 
will also obtain a collection of information about the device (a 
``Device ID'') including, for example browser type and internet 
protocol (IP) address) and usage patterns (e.g., keyboard, mouse, or 
touchscreen behavior) used to access their Login.gov account. The 
Device ID and usage patterns are assessed by a third-party fraud 
prevention service along with the other information collected by 
Login.gov. The third-party fraud prevention services provide Login.gov 
risk scores for all of the information assessed, and also provide other 
identifying attributes that have been associated with that same Device 
ID in the past. Those identifying attributes include, but are not 
limited to, names, addresses, phone numbers, and SSNs that have been 
associated with the Device ID.
    Separate from Login.gov's active sign-on service, GSA may also 
conduct studies in which it temporarily collects information from 
voluntary participants to evaluate the equitable performance of new 
technologies and guide service improvements. In addition to the 
categories of records previously described, collection of information 
for studies could include, but is not limited to:
     demographic information such as race, ethnicity, gender, 
income, age, and education; and
     biometric information to verify that the applicant matches 
the identity documents (e.g., a photograph or video of the user).

RECORD SOURCE CATEGORIES:
    The sources for information in the system include individual 
Login.gov users, participants in GSA-commissioned studies, third-party 
identity-proofing services, partner agencies, and third-party fraud 
prevention services. Individual users and research participants provide 
information needed to authenticate themselves, verify their identity, 
or voluntarily respond to research surveys. Each third-party identity 
proofing service provides transaction details about their attempt to 
identity proof a user. Partner agencies may provide their own unique 
identifier to that user's account information. Third party fraud 
prevention services provide risk scores and identity attributes 
associated with a user's Device ID.

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) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside GSA as 
a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    a. To the Department of Justice or other Federal agency conducting 
litigation or in proceedings before any court, adjudicative or 
administrative body, when: (a) GSA or any component thereof, or (b) any 
employee of GSA in his/her official capacity, or (c) any employee of 
GSA in his/her individual capacity where DOJ or GSA has agreed to 
represent the employee, or (d) the United States or any agency thereof, 
is a party to the litigation or has an interest in such litigation, and 
GSA determines that the records are both relevant and necessary to the 
litigation.
    b. To third parties providing remote or in-person authentication 
and identity proofing services, inclusive of other federal agencies 
providing such services, as necessary to authenticate and/or identity 
proof an individual for access to a participating government website or 
application;
    c. To an appropriate Federal, State, tribal, local, international, 
or foreign law enforcement agency or other appropriate

[[Page 70821]]

authority charged with investigating or prosecuting a violation or 
enforcing or implementing a law, rule, regulation, or order, where 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.
    d. To a Member of Congress or his or her staff in response to a 
request made on behalf of and at the request of the individual who is 
the subject of the record.
    e. To the Office of Management and Budget (OMB), Office of 
Inspector General (OIG), and the Government Accountability Office (GAO) 
in accordance with their responsibilities for evaluation or oversight 
of Federal programs.
    f. To an expert, consultant, or contractor of GSA in the 
performance of a federal duty to which the information is relevant.
    g. To the National Archives and Records Administration (NARA) for 
records management purposes.
    h. To appropriate agencies, entities, and persons when (1) GSA 
suspects or has confirmed that there has been a breach of the system of 
records; (2) GSA has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, GSA (including 
its information systems, programs and operations), the Federal 
Government, or national security; and (3) the disclosure made to such 
agencies, entities, and persons is reasonably necessary to assist in 
connection with GSA's efforts to respond to the suspected or confirmed 
breach or to prevent, minimize, or remedy such harm.
    i. To another Federal agency or Federal entity, when GSA determines 
that information from this system of records is reasonably necessary to 
assist the recipient agency or entity in (1) responding to a suspected 
or confirmed breach or (2) 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.
    j. To the Government Publishing Office (GPO), when Login.gov needs 
to mail a user an address confirmation form or if a user requests 
mailed notifications of account changes or of proofing attempts.
    k. To other federal agencies and third-party fraud prevention 
services as necessary to detect and investigate suspected fraud, 
including providing redress to users.
    l. To third-party identity proofing services and fraud prevention 
services when participating in studies commissioned by the GSA to 
evaluate the equitable performance of new technologies and guide 
service improvements.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    All records are stored electronically in databases. User account 
information is encrypted in transit and at rest.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records retrieval practices vary based on the type or category of 
record in the system.
    a. When a user logs in, Login.gov retrieves their email and phone 
number (if provided) to send the user a one-time passcode.
    b. When a user accesses a participating government website or 
application that requires the user's identity attributes, the following 
retrieval practice occurs:
    i. The user successfully logs into their account (enabling 
decryption and retrieval of certain records);
    ii. Login.gov decrypts and retrieves the user's verified personal 
information (full name, date of birth, postal address, and Social 
Security Number); and
    iii. Login.gov requests that the user provide consent to share the 
personal information requested by the participating government site.
    c. When a user with verified identity is recovering access to their 
account, the following retrieval practice occurs:
    i. The user successfully authenticates their account when 
requesting to reset their Login.gov password;
    ii. The user provides their personal recovery code (enabling 
decryption and retrieval of the records) and selects a new password;
    iii. Login.gov retrieves the user's verified personal information 
(full name, date of birth, postal address, and Social Security Number);
    iv. These attributes are then encrypted with the user's new 
password.
    d. When Login.gov is performing fraud investigation and redress, 
the following retrieval practices occur:
    i. Only trained Login.gov fraud operations personnel have access to 
records maintained specifically for fraud prevention purposes. This 
includes Device IDs and usage patterns associated with personal 
identifiers and risk scores as described in the Categories of Records 
in the System.
    ii. Login.gov fraud operations personnel retrieve personal 
information (full name, date of birth, postal address and Social 
Security Number) from third-party identity proofing services while 
completing a manual review of a user's identity proofing transaction.
    e. When GSA is conducting studies into enhancements to the secure 
sign-in service, data from voluntary participants' surveys and 
identity-proofing transactions are retrieved by GSA and third-party 
contractors to conduct statistical analysis of the performance of new 
technologies. Data from Login.gov's active service is not retrieved 
during these studies.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Retention and disposal policies and practices vary based on the 
type or category of record in the system.
    a. Records related to active user authentication and validated user 
identities will be retained and disposed of in accordance with NARA's 
General Records Schedule (GRS) 3.2 (Transmittal 26), item 31 ``System 
access records'' covering user profiles, log-in files, password files, 
audit trail files and extracts, system usage files, and cost-back files 
used to assess charges for system use. The guidance instructs, 
``Destroy 6 years after password is altered or user account is 
terminated, but longer retention is authorized if required for business 
use.''
    b. Records related to identity verification attempts (photographs 
of government IDs, personal information entered by the user) may be 
retained by Login.gov to aid in fraud investigation, redress, or 
product improvement.
    c. Records related to fraud prevention operations, such as Device 
IDs and user behaviors with associated identity attributes and risk 
scores, are maintained by a third party on behalf of GSA for up to 
three years.
    d. For studies commissioned by GSA, third-party proofing services 
will discard any information collected within 24 hours of collection. 
GSA will maintain the information for the duration of the study after 
which it will be preserved for 6 years as required by the GSA's 
retention schedule for Customer Research and Reporting Records.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in the system are protected from unauthorized access and 
misuse through a combination of administrative, technical, and physical 
security measures. Administrative measures include but are not limited 
to

[[Page 70822]]

policies that limit system access to individuals within an agency with 
a legitimate business need, and regular review of security procedures 
and best practices to enhance security. Technical security measures 
within GSA include restrictions on computer access to authorized 
individuals, required use of passphrases and regular review of security 
procedures and best practices to enhance security. Access to the 
Login.gov database is maintained behind an industry-standard firewall 
and information in the database is encrypted. As noted above, other 
than email address, neither the system nor the system operators can 
retrieve the user's personal account information without the user 
supplying a password or recovery code. Trained and cleared Login.gov 
fraud operations personnel are able to cross-reference personal 
information used by third party or federal agency identity proofing 
services to validate a user's identity attributes as part of a manual 
review of identity proofing transactions. Records related to studies 
are kept separate from records related to Login.gov's active users.

RECORD ACCESS PROCEDURES:
    Requests for access to records should be directed to the system 
manager. Individuals seeking access to their records in this system of 
records may submit a request by following the instructions provided in 
41 CFR part 105-64, subpart 105-64.2.

CONTESTING RECORD PROCEDURES:
    During identity proofing, an individual can use the Login.gov fraud 
operations redress mechanism to contest records used by third party 
identity proofing services. After identity proofing or participating in 
a study, individuals wishing to contest the content of records about 
themselves contained in this system of records should contact the 
system manager at the address above. See 41 CFR part 105-64, subpart 
105-64.4 for full details on what to include in a Privacy Act amendment 
request.

NOTIFICATION PROCEDURES:
    Individuals seeking notification of any records about themselves 
contained in this system of records should contact the system manager 
at the address above. Follow the procedures on accessing records in 41 
CFR part 105-64, subpart 105-64.2 to request such notification.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    82 FR 6552; 82 FR 37451
[FR Doc. 2022-25420 Filed 11-18-22; 8:45 am]
BILLING CODE 6820-34-P