Privacy Act of 1974; System of Records, 79598-79610 [2024-22391]
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notice requirements. Accordingly, the
predominant costs incurred by operators
are the aforementioned labor costs.
Similarly, FTC staff anticipates that
covered entities already have in place
the means to retain and store the records
that must be kept under the Rule’s safe
harbor recordkeeping provisions,
because they are likely to retain such
records independent of the Rule.
Accordingly, FTC staff estimates that
the capital and non-labor costs
associated with Rule compliance are de
minimis.
Request for Comment
Pursuant to section 3506(c)(2)(A) of
the PRA, the FTC invites comments on:
(1) whether the disclosure and
recordkeeping requirements are
necessary, including whether the
information will be practically useful;
(2) the accuracy of our burden estimates,
including whether the methodology and
assumptions used are valid; (3) ways to
enhance the quality, utility, and clarity
of the information to be collected; and
(4) ways to minimize the burden of the
collection of information.
For the FTC to consider a comment,
we must receive it on or before
November 29, 2024. Your comment,
including your name and your state,
will be placed on the public record of
this proceeding, including the https://
www.regulations.gov website.
You can file a comment online or on
paper. Due to heightened security
screening, postal mail addressed to the
Commission will be subject to delay. We
encourage you to submit your comments
online through the https://
www.regulations.gov website.
If you file your comment on paper,
write ‘‘COPPA Rule: Paperwork
Comment, FTC File No. P155408’’ on
your comment and on the envelope, and
mail it to the following address: Federal
Trade Commission, Office of the
Secretary, 600 Pennsylvania Avenue
NW, Suite CC–5610 (Annex J),
Washington, DC 20580.
Because your comment will become
publicly available at https://
www.regulations.gov, you are solely
responsible for making sure that your
comment does not include any sensitive
or confidential information. In
particular, your comment should not
include any sensitive personal
information, such as your or anyone
else’s Social Security number; date of
birth; driver’s license number or other
state identification number, or foreign
country equivalent; passport number;
financial account number; or credit or
debit card number. You are also solely
responsible for making sure that your
comment does not include any sensitive
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health information, such as medical
records or other individually
identifiable health information. In
addition, your comment should not
include any ‘‘trade secret or any
commercial or financial information
which . . . is privileged or
confidential’’—as provided by section
6(f) of the FTC Act, 15 U.S.C. 46(f), and
FTC Rule 4.10(a)(2), 16 CFR 4.10(a)(2)—
including, in particular, competitively
sensitive information, such as costs,
sales statistics, inventories, formulas,
patterns, devices, manufacturing
processes, or customer names.
Comments containing material for
which confidential treatment is
requested must (1) be filed in paper
form, (2) be clearly labeled
‘‘Confidential,’’ and (3) comply with
FTC Rule 4.9(c). In particular, the
written request for confidential
treatment that accompanies the
comment must include the factual and
legal basis for the request and must
identify the specific portions of the
comment to be withheld from the public
record. See FTC Rule 4.9(c). Your
comment will be kept confidential only
if the General Counsel grants your
request in accordance with the law and
the public interest. Once your comment
has been posted publicly at
www.regulations.gov, we cannot redact
or remove your comment unless you
submit a confidentiality request that
meets the requirements for such
treatment under FTC Rule 4.9(c), and
the General Counsel grants that request.
The FTC Act and other laws that the
Commission administers permit the
collection of public comments to
consider and use in this proceeding as
appropriate. The Commission will
consider all timely and responsive
public comments that it receives on or
before November 29, 2024. For
information on the Commission’s
privacy policy, including routine uses
permitted by the Privacy Act, see
https://www.ftc.gov/site-information/
privacy-policy.
Josephine Liu,
Assistant General Counsel for Legal Counsel.
[FR Doc. 2024–22379 Filed 9–27–24; 8:45 am]
BILLING CODE 6750–01–P
FEDERAL TRADE COMMISSION
Privacy Act of 1974; System of
Records
AGENCY:
Federal Trade Commission
(FTC).
ACTION:
Notice of modified systems of
records.
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The FTC is making technical
revisions to several of the notices that it
has published under the Privacy Act of
1974 to describe its systems of records.
This action is intended to make these
notices clearer, more accurate, and upto-date.
DATES: These modified systems will be
applicable on September 30, 2024.
FOR FURTHER INFORMATION CONTACT: G.
Richard Gold, Attorney, Office of the
General Counsel, FTC, 600
Pennsylvania Avenue NW, Washington,
DC 20580, (202) 326–3355 or rgold@
ftc.gov.
SUMMARY:
To inform
the public, the FTC publishes in the
Federal Register and posts on its
website a ‘‘system of records notice’’
(SORN) for each system of records that
the FTC currently maintains within the
meaning of the Privacy Act of 1974, as
amended, 5 U.S.C. 552a (‘‘Privacy Act’’
or ‘‘Act’’). See https://www.ftc.gov/
about-ftc/foia/foia-reading-rooms/
privacy-act-systems. The Privacy Act
protects records about individuals in
systems of records collected and
maintained by Federal agencies. (A
system is not a ‘‘system of records’’
under the Act unless the agency
maintains and retrieves records in the
system by the relevant individual’s
name or other personally assigned
identifier.) Each Federal agency,
including the FTC, must publish a
SORN that describes the records
maintained in each of its Privacy Act
systems, including the categories of
individuals that the records in the
system are about where and how the
agency maintains these records, and
how individuals can find out whether
an agency system contains any records
about them or request access to their
records, if any. The FTC, for example,
maintains 39 systems of records under
the Act. Some of these systems contain
records about the FTC’s own employees,
such as personnel and payroll files.
Other FTC systems contain records
about members of the public, such as
public comments, consumer complaints,
or phone numbers submitted to the
FTC’s Do Not Call Registry.
The FTC’s SORNs discussed in this
notice apply only to the FTC’s own
Privacy Act record systems. They do not
cover Privacy Act records that other
Federal agencies may collect and
maintain in their own systems.
Likewise, the FTC’s SORNs and the
Privacy Act of 1974 do not cover
personal records that private businesses
or other non-FTC entities may collect,
which may be covered by other privacy
laws.
SUPPLEMENTARY INFORMATION:
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Based on a periodic review of its
SORNs, the FTC is publishing these
additional technical revisions, to ensure
that the FTC’s SORNs and Appendices
remain clear, accurate, and up-to-date:
• First, the FTC is amending several
SORNs to clarify or update information
about the applicable records disposition
schedules published or approved by the
National Archives and Records
Administration (NARA). These
schedules determine how long agency
records in each system should be
retained and destroyed.
• Second, the FTC is amending
multiple SORNs to make other technical
changes (e.g., updating the official title
of the system manager, the authority for
maintenance of the system, and the
policies and practices for storage and
record retention of records).
• Third, the FTC is republishing the
full text of each of the above SORNs,
incorporating the technical
amendments, for the convenience of the
reader and in accordance with OMB
Circular A–108 (2016), which
reorganized the format and content for
SORNs published by Federal agencies.
The FTC is not substantively adding
or amending any routine uses of its
Privacy Act system records.
Accordingly, the FTC is not required to
provide prior public comment or notice
to OMB or Congress for these technical
amendments, which are final upon
publication. See 5 U.S.C. 552a(e)(11)
and 552a(r); OMB Circular A–108,
supra.
A SORN-by-SORN summary,
including a more detailed description of
each SORN and how it is being
amended, appears below, followed by
the full text of the SORNs, as amended.
I. Law Enforcement Systems of Records
FTC–I–3 (Informal Advisory Opinion
Requests and Response Files—FTC).
This SORN covers the records of
individuals who have requested
informal advisory opinions from the
FTC staff, and records of the responses
to such requests. The Commission has
updated the sections relating to the
System Manager, Policies and Practices
for Storage of Records, and Policies and
Practices for Retrieval of Records.
FTC–I–5 (Matter Management
System—FTC). This SORN covers the
administrative database used by the FTC
to track and report the history and status
of FTC investigations and other agency
matters, including names of employees
or others assigned to or involved in such
matters. The Commission has updated
the sections relating to the System
Manager and Policies, Purpose of the
System, Categories of Records, Policies
and Practices for Retrieval of Records,
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and Policies and Practices for Retention
and Disposal of Records.
FTC–I–6 (Public Records—FTC). This
SORN covers the FTC’s system of public
records, including comments submitted
by consumers and others in
rulemakings, workshops, or other FTC
proceedings. The FTC makes these
public records routinely available for
public inspection and copying,
including by posting copies of such
records on the internet, as noted in
section 4.9(b) of the FTC Rules of
Practice, 16 CFR 4.9(b), and explained
in the FTC’s online privacy policy
posted at www.ftc.gov. This SORN has
been updated to add an additional
System Manager, the website Manager,
Office of Public Affairs, and to update
Policies and Practices for Retrieval of
Records, and Administrative, Technical,
and Physical Safeguards.
FTC–I–7 (Office of Inspector General
Files—FTC). This SORN covers records
in the FTC’s Office of Inspector General
(OIG). The OIG maintains this system of
records to carry out its responsibilities
pursuant to the Inspector General Act,
as amended. This system was last
revised in 2009. Among other minor
changes, this SORN has been updated
under System Name, Purpose,
Categories of Individuals Covered by the
System, Categories of Records in the
System, Record Source Categories,
Policies and Practices for Storage of
Records, Retention and Disposal of
Records, and Administrative, Technical,
and Physical Safeguards.
Practices for Retention and Disposal of
Records.
FTC–IV–3 (National Do Not Call
Registry—FTC). This SORN covers
records of individuals who wish to be
placed on the FTC’s telemarketing donot-call list. It also covers information
collected from telemarketers, sellers, or
agents who are required to comply with
the list, but only to the extent, if any,
that such telemarketers, sellers, or
agents are also ‘‘individuals’’ within the
meaning of the Privacy Act. The FTC is
revising the sections on System
Location, Practices for Retention and
Disposal of Records, Record Access
Procedures, and Contesting Record
Procedures.
II. Federal Trade Commission
Personnel Systems of Records
FTC Systems of Records Notices
FTC–II–11 (Personnel Security,
Identity Management & Access Control
Records—FTC). This SORN covers
security-related records for determining
the eligibility of FTC employees or other
authorized individuals (e.g., on-site
contractors) for access to FTC facilities
and resources, as well as records related
to granting and controlling such access.
This SORN has been updated to add an
additional System Manager, the Human
Capital Management Office, and an
additional Record Source Category to
include the Defense Counterintelligence
and Security Agency (DCSA).
IV. Correspondence Systems of Records
FTC–IV–1 (Consumer Information
System—FTC). This SORN covers
consumer complaints and information
requests received from consumers, as
well as identity theft complaints.
Among other updates, the Commission
has updated the sections relating to the
System Manager, Policies and Practices
for Storage of Records, and Policies and
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VII. Miscellaneous Systems of Records
FTC–VII–1 (Automated Library
Management System—FTC). This SORN
covers requests from FTC employees
and other individuals to search for
holdings in the FTC Library’s collection.
The Commission has updated the
Categories of Individuals Covered by the
System.
FTC–VII–6 (Matter Record Search
System (MaRS)—FTC). This SORN
covers legacy and current electronic
data collections of FTC memoranda and
other agency records that may be
managed by and retrieved by the
author’s name or other personal
identifiers. The FTC has revised the
System Name, System Manager, and
Administrative, Technical, and Physical
Safeguards.
In light of the updated SORN template
set forth in the revised OMB Circular A–
108 (2016), the FTC is reprinting the
entire text of each amended SORN when
necessary for the public’s benefit, to
read as follows:
I. Law Enforcement Systems of Records
*
*
*
*
*
SYSTEM NAME AND NUMBER:
Informal Advisory Opinion Request
and Response Files—FTC (FTC–I–3).
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/foiareading-rooms/privacy-act-systems and
at 87 FR 57698 (Sept. 21, 2022).
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SYSTEM MANAGER(S):
Office of the Secretary, Records
Management Division, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, email:
SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15
U.S.C. 41 et seq.
PURPOSE(S) OF THE SYSTEM:
To respond to requests for informal
advisory opinions; to maintain records
of such requests and the staff’s
responses; for use by staff in
coordinating and preparing future
advisory opinions and assuring the
consistency of such opinions; to make
records of such requests and staff
responses available within the FTC for
historical, legal research,
investigational, and similar purposes
(see FTC–VII–6, Document Management
and Retrieval System—FTC); and also to
make appropriate portions of such
records available to the public (see
FTC–I–6, Public Records—FTC).
Applicants for informal advisory
opinions from FTC staff under § 1.1(b)
of the Commission’s Rules of Practice,
16 CFR 1.1(b). (Applicants for formal
advisory opinions from the Commission
under § 1.1(a) of the Rules of Practice,
16 CFR 1.1(a), are covered by FTC–I–1,
Nonpublic Investigational and Other
Nonpublic Legal Program Records—
FTC.)
CATEGORIES OF RECORDS IN THE SYSTEM:
Name of author and documents
written by that individual; names or
other data about other individuals by
which documents in the system are
searched and retrieved; finding aids or
document indexes. Records in this
system may duplicate records included
in other FTC systems of records. See,
e.g., FTC–I–1 (Nonpublic Investigational
and Other Nonpublic Legal Program
Records—FTC), FTC–I–6 (Public
Records—FTC).
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RECORD SOURCE CATEGORIES:
Individual proprietorship,
corporation, or other business
organization, counsel seeking or
receiving a staff advisory opinion, and
FTC employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system may be:
(1) Referred to appropriate federal or
state agencies for advice, for law
enforcement, or where law enforcement
action may be warranted; and
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POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The FTC maintains these records in
electronic and non-electronic formats
and media.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records are indexed by name of
requesting party and subject matter of
the opinion.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
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(2) Disclosed on the FTC’s public
record under the FTC’s Rules of
Practice. See FTC–I–6, Public Records—
FTC.
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/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
Records are retained and disposed of
under applicable schedules and
procedures approved by the National
Archives and Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
For records other than those made
public, access is restricted to agency
personnel or contractors whose
responsibilities require access. Paper
records are maintained in lockable
rooms or file cabinets. Access to
electronic records is controlled by ‘‘user
ID’’ and password combination and/or
other appropriate 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 § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 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-readingrooms/privacy-act-systems at 73 FR
33592, 33634 (June 12, 2008).
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NOTIFICATION PROCEDURES:
See § 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-readingrooms/privacy-act-systems at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
*
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
SYSTEM NAME AND NUMBER:
Matter Management System—FTC
(FTC–I–5).
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/foiareading-rooms/privacy-act-systems and
at 87 FR 57698 (Sept. 21, 2022).
SYSTEM MANAGER(S):
Office of the Secretary, Records Intake
and Processing Division, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, email:
SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15
U.S.C. 41 et seq.
PURPOSE(S) OF THE SYSTEM:
This system, currently known within
the FTC as Matter Management System
2 (MMS2), is used to record and track
the status or occurrence of planned or
actual actions and events that may arise
in investigations, rulemakings, or other
Commission matters, and to generate
status or history reports on these
actions, events, and matters for use by
Commission management and staff, in
combination, as needed, with matterrelated data from other systems. Specific
purposes of this system (FTC–I–5)
include: to maintain records of
employee work and Commission law
enforcement activities; to make
workload and budget determinations
and personnel-related evaluations; to
assist in investigative and adjudicative
proceedings, enforcement actions, civil
penalty proceedings, consideration of
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compliance reports, issuance of cease
and desist orders, advisory opinions,
and other Commission matters and
proceedings; to refer information
compiled in system records to experts
and consultants when considered
appropriate by Commission staff; and to
use those records to properly manage
Commission resources.
This system includes a subsystem of
records to record and keep track of the
status of matters pending for a vote or
other review or action before the full
Commission (i.e., the five Federal Trade
Commissioners). The specific purposes
of those records include: to process and
control assignments made to individual
Commissioners; to coordinate the
consideration of and votes on
appropriate issues; to assist
Commissioners and staff in
investigative, adjudicative and
rulemaking proceedings, enforcement
actions, civil penalty proceedings,
consideration of compliance reports,
issuance of complaints, negotiation of
consent orders, issuance of cease and
desist orders, advisory opinions, and
other matters before the Commission;
and to retain records of the matters
before the Commission, the
Commission’s deliberations and
decisions concerning those matters, and
related documents.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system:
(1) May be made available or referred
to federal, state, local or international
government authorities for
investigation, possible criminal
prosecution, civil action, regulatory
order or other law enforcement purpose;
and
(2) May be disclosed on the FTC’s
public record under the FTC’s Rules of
Practice. See FTC–I–6, Public Records—
FTC.
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/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
For records about past or present
Commission employees: employee
name; employee identification number;
organization name and code; employee
assignments to individual matters. For
others: records related to investigatory,
rulemaking, advisory opinion and other
matters or proceedings, including matter
name and associated matter number;
matter status; alleged or potential law
violation; and goods or services
associated with the proceeding. The
records also includes names and
mailing addresses of civil investigative
demand and subpoena recipients and
names of deponents, as well as brief
descriptions or summaries of planned or
actual actions or events during an FTC
investigation, rulemaking, court case, or
other FTC matter or proceeding. The
system also includes records of
assignments, votes, circulations, or
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Individual on whom the record is
maintained and Commission staff
associated with the matter.
System records are primarily
maintained and accessed electronically.
The system can generate electronic or
printed status or history reports.
CATEGORIES OF RECORDS IN THE SYSTEM:
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RECORD SOURCE CATEGORIES:
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Past and present Commission
employees, and other participants or
parties in Commission investigations,
rulemaking, advisory, and law
enforcement matters or proceedings.
(Businesses, sole proprietorships, or
corporations are not covered by this
system.)
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other activities or actions of the FTC’s
Commissioners on agency proceedings
and matters.
Indexed by Commissioner, staff, or
other individual name, employee
identification number, respondent’s or
correspondent’s name, company name,
industry investigation title, and FTC
matter number.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with schedules and
procedures issued or approved by the
National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
For records other than those made
public, access is restricted to agency
personnel or contractors whose
responsibilities require access. Access to
nonpublic electronic records is
controlled by ‘‘user ID’’ and password
combination and/or other appropriate
electronic access or network controls
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79601
(e.g., firewalls). FTC buildings are
guarded and monitored by security
personnel, cameras, ID checks, and
other physical security measures.
RECORD ACCESS PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Copies of records contained in this
system that have been placed on the
FTC public record are available upon
request or from the FTC’s website,
where applicable. See FTC–I–6, Public
Records—FTC. 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 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 § 4.13(m) of the FTC
Rules of Practice, 16 CFR 4.13(m).
HISTORY:
73 FR 33591–33634 (June 12, 2008).
SYSTEM NAME AND NUMBER:
Public Records—FTC (FTC–I–6).
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/foiareading-rooms/privacy-act-systems and
at 87 FR 57698 (Sept. 21, 2022).
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SYSTEM MANAGER(S):
Office of the Secretary, Clerk of Court
Division, Federal Trade Commission,
600 Pennsylvania Avenue NW,
Washington, DC 20580, and
Website Manager, Office of Public
Affairs, Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580.
Email: SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15
U.S.C. 41 et seq.; Executive Order
10450; Freedom of Information Act, 5
U.S.C. 552; 16 CFR 4.9.
RECORD SOURCE CATEGORIES:
Individual respondent(s), company
records, complainants, informants,
witnesses, participants, commenters,
and FTC employees.
PURPOSE(S) OF THE SYSTEM:
To make appropriate portions of the
records in FTC matters available to the
public; to enable members of the public
to review and comment on or respond
to such comments; to maintain records
of Commission activities related to those
matters.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Participants in Commission
investigations, rulemaking, advisory,
and law enforcement proceedings;
parties requesting formal advisory
opinions; consumers who have received
redress or who are entitled to redress
pursuant to Commission or court orders;
and commenters to Commission
proceedings, including general requests
for comments. (Businesses, sole
proprietorships, or corporations are not
covered by this system.)
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CATEGORIES OF RECORDS IN THE SYSTEM:
Public comments and other records
that an individual may submit in an
agency matter, where such record is
subject to routine inspection and
copying under the FTC’s Rules of
Practice, 16 CFR 4.9(b). These records
can for example relate to general
requests for information, investigations,
rulemaking, advisory, and law
enforcement proceedings. These records
include records that either have become
or are likely to become the subject of
subsequent requests for substantially the
same records under the Freedom of
Information Act (FOIA). See 5 U.S.C.
552(a)(2)(D). This system (FTC I–6) is
limited to files and records that are
about an individual, and only when the
file or record is pulled (‘‘retrieved’’) by
the name of that individual or other
identifying particular assigned to that
individual (e.g., number, symbol,
fingerprint, etc.). Public comments
received in connection with FTC
rulemakings, workshops and consent
agreements are also collected on behalf
of the FTC and maintained by the
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Government-wide Federal Docket
Management System (FDMS) through a
website (www.regulations.gov). The
General Services Administration (GSA)
manages and operates the FDMS on
behalf of the Federal Government, and
has published a system of records notice
to cover the FDMS, including any
records collected on behalf of the FTC
through that system. See GSA/OGP–1
(e-Rulemaking Program Administrative
System).
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system may be:
(1) Disclosed on the FTC’s public
record under the FTC’s Rules of
Practice, including by posting copies of
such records on the FTC’s website,
www.ftc.gov, or made public by other
electronic or non-electronic means. See
16 CFR 4.9(b); or
(2) Disclosed publicly through the
FDMS or for any other routine use set
forth in the system of records notice
published for that system of records,
GSA/OGP–1, or any successor system
notice for that system.
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/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The FTC maintains these records in
electronic and non-electronic formats.
The FTC maintains electronic records in
this system using a combination of
different databases and applications,
rather than maintaining them in a single
electronic system.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by respondent’s,
participant’s, commenter’s, or FTC staff
member’s name; company name;
industry investigation title; FTC matter
name; and FTC matter number.
procedures approved by the National
Archives and Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The FTC’s websites are secured and
monitored to protect against
unauthorized deletion or alteration of
records posted on such sites. Access to
the official record copy of such records
is restricted, where appropriate, to
agency personnel or contractors whose
responsibilities require access. See
GSA/OGP–1 (e-Rulemaking Program
Administrative System) for a
description of the safeguards by the
Federal Docket Management System for
any public comments filed in
connection with FTC matters or
proceedings that are found at
www.regulations.gov.
RECORD ACCESS PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 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-readingrooms/privacy-act-systems at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 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-readingrooms/privacy-act-systems at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
87 FR 964–974 (January 7, 2022)
73 FR 33591–33634 (June 12, 2008).
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SYSTEM NAME AND NUMBER:
Office of Inspector General Files—
FTC (FTC–I–7).
SECURITY CLASSIFICATION:
Unclassified.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
SYSTEM LOCATION:
Records are retained and disposed of
under applicable schedules and
Office of Inspector General (OIG),
Federal Trade Commission, 600
PO 00000
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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/policy-notices/
privacy-policy/privacy-act-systems and
at 87 FR 57698 (Sept. 21, 2022). Also see
https://www.ftc.gov/office-inspectorgeneral/reports-correspondence.
SYSTEM MANAGER(S):
Inspector General, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, email:
SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act, as amended, 5
U.S.C. 401 et seq.
PURPOSE(S) OF THE SYSTEM:
The OIG maintains this system of
records to carry out its responsibilities
pursuant to the Inspector General Act,
as amended. The OIG is statutorily
directed to receive complaints and
conduct and supervise investigations,
reviews and audits relating to programs
and operations of the Federal Trade
Commission, to promote economy,
efficiency, and effectiveness in the
administration of such programs and
operations, and to prevent and detect
fraud, waste, and abuse in such
programs and operations. Accordingly,
the records in this system consist of
complaints and related correspondence
concerning possible violations of law,
rules, regulations, mismanagement,
gross waste of funds, abuse of authority
or a substantial and specific danger to
the public health or safety related to the
FTC; records created, received, or
obtained during the course of
investigating individuals and entities
suspected of having committed illegal or
unethical acts or misconduct and in any
resulting related criminal prosecutions,
civil proceedings, or administrative
actions; and records created, received,
or obtained during the course of
conducting audits, inspections, or
reviews and issuing reports, advisories
or correspondence.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals covered consist of: (1)
current and former FTC employees,
applicants for employment, contractors
and subcontractors associated with an
activity that OIG is investigating,
inspecting, reviewing, or auditing; (2)
individuals who submit complaints to
the OIG; (3) subjects of hotline
complaints; and (4) individuals and
entities performing some other role of
significance to the OIG’s investigative,
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inspecting, reviewing, or auditing
efforts, such as potential witnesses or
subjects who are not FTC current or
former employees, contractors or
subcontractors. The system also tracks
information related to OIG staff and staff
of other agencies involved in
conducting the investigative, inspecting,
reviewing or auditing activity.
CATEGORIES OF RECORDS IN THE SYSTEM
Records related to complaints to the
OIG, planning and conducting
investigations, reviews, inspections and
audits, the results of investigations, and
any civil, criminal, or administrative
actions resulting from investigations
and other matters. More specifically,
this includes, but is not limited to,
correspondence relating to
investigations and other matters;
internal staff memoranda; copies of
subpoenas issued during investigations
and other matters, affidavits, statements
from witnesses, transcripts of testimony
taken in investigations or other matters
and accompanying exhibits; documents,
records or copies obtained during
investigations and other matters;
interview notes, documents and records
relating to investigations and other
matters; opening reports, information or
data relating to alleged or suspected
criminal, civil or administrative
violations or similar wrongdoing by
subject individuals and final reports of
investigation and other matters.
RECORD SOURCE CATEGORIES:
Employees or other individuals on
whom the record is maintained, nontarget witnesses, FTC and non-FTC
records, to the extent necessary to
receive, review and respond to
complaints and carry out OIG
investigations, reviews, inspections, and
audits, as authorized by 5 U.S.C. 401 et
seq.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Records in this system may be:
1. Disclosed to agencies, offices, or
establishments of the executive,
legislative, or judicial branches of the
federal or state government—
(a) Where such agency, office, or
establishment has an interest in the
individual for employment purposes,
including a security clearance or
determination as to access to classified
information, and needs to evaluate the
individual’s qualifications, suitability,
and loyalty to the United States
Government, or
(b) Where such agency, office, or
establishment conducts an investigation
of the individual for the purposes of
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79603
granting a security clearance, or for
making a determination of
qualifications, suitability, or loyalty to
the United States Government, or access
to classified information or restricted
areas, or
(c) Where the records or information
in those records are relevant and
necessary to a decision with regard to
the hiring or retention of an employee
or disciplinary or other administrative
action concerning an employee, or
(d) Where disclosure is requested in
connection with the award of a contract
or other determination relating to a
government procurement, or the
issuance of a license, grant, or other
benefit by the requesting agency, to the
extent that the record is relevant and
necessary to the requesting agency’s
decision on the matter, including, but
not limited to, disclosure to any Federal
agency responsible for considering
suspension or debarment actions where
such record would be germane to a
determination of the propriety or
necessity of such action, or disclosure to
the United States General
Accountability Office, the General
Services Administration Board of
Contract Appeals, or any other federal
contract board of appeals in cases
relating to an agency procurement.
2. Disclosed to the Office of Personnel
Management, the Office of Government
Ethics, the Merit Systems Protection
Board, the Office of the Special Counsel,
the Equal Employment Opportunity
Commission, or the Federal Labor
Relations Authority or its General
Counsel, of records or portions thereof
relevant and necessary to carrying out
their authorized functions, such as, but
not limited to, rendering advice
requested by the OIG, investigations of
alleged or prohibited personnel
practices (including unfair labor or
discriminatory practices), appeals before
official agencies, offices, panels or
boards, and authorized studies or
review of civil service or merit systems
or affirmative action programs.
3. Disclosed to independent auditors
or other private firms with which the
Office of the Inspector General has
contracted to carry out an independent
audit or investigation, or to analyze,
collate, aggregate or otherwise refine
data collected in the system of records,
subject to the requirement that such
contractors shall maintain Privacy Act
safeguards with respect to such records.
4. Disclosed to a direct recipient of
federal funds such as a contractor,
where such record reflects serious
inadequacies with a recipient’s
personnel and disclosure of the record
is for purposes of permitting a recipient
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to take corrective action beneficial to the
Government;
5. Disclosed to any official charged
with the responsibility to conduct
qualitative assessment reviews of
internal safeguards and management
procedures employed in investigative
operations. This disclosure category
includes members of the Council of the
Inspectors General on Integrity and
Efficiency and officials and
administrative staff within their
investigative chain of command, as well
as authorized officials of the Department
of Justice and the Federal Bureau of
Investigation;
6. Disclosed to members of the
Council of the Inspectors General on
Integrity and Efficiency for the
preparation of reports to the President
and Congress on the activities of the
Inspectors General;
7. Disclosed to complainants and/or
victims to the extent necessary to
provide such persons with information
and explanations concerning the
progress and/or results of the
investigation or case arising from the
matters of which they complained and/
or which they were a victim.
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/policy-notices/
privacy-policy/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The FTC maintains system records in
various electronic and non-electronic
formats and media. The OIG Files
consist of paper records maintained in
file folders, cassette tapes and CD–
ROMs containing audio recordings of
investigative interviews, and data
maintained on computer diskettes and
hard drives. The folders, cassette tapes,
CD–ROMs and diskettes are stored in
file cabinets in the OIG. Electronic files
are retained either in FTC servers or on
the cloud.
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POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
The records are retrieved by the name
of the subject of the investigation or by
a unique control number assigned to
each investigation.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with Schedule DAA–
0122–2020–0001, which was approved
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by the National Archives and Records
Administration.
exemption at 5 U.S.C. 552a(j)(2). See 16
CFR 4.13(m).
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
HISTORY:
Access is restricted to agency
personnel or contractors whose
responsibilities require access.. Access
to electronic records is controlled by
‘‘user ID’’ and password combination,
and/or role-based access controls, and/
or other electronic access or network
controls (e.g., firewalls). Paper records
are maintained in lockable rooms or file
cabinets, which are kept locked during
non-duty hours. FTC buildings are
guarded and monitored by security
personnel, cameras, ID checks, and
other physical security measures.
See § 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/policy-notices/privacypolicy/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 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/policy-notices/privacypolicy/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 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/policy-notices/privacypolicy/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2),
records in this system are exempt from
the provisions of 5 U.S.C. 552(a), except
subsections (b), (c)(1) and (2), (e)(4)(A)
through (F), (e)(6), (7), (9), (10) and (11)
and (i) and corresponding provisions of
16 CFR 4.13, to the extent that a record
in the system of records was compiled
for criminal law enforcement purposes.
Pursuant to 5 U.S.C. 552a(k)(2), the
system is exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and
(I) and (f) and the corresponding
provisions of 16 CFR 4.13, to the extent
the system of records consists of
investigatory material compiled for law
enforcement purposes, other than
material within the scope of the
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II. Federal Trade Commission Personnel
Systems of Records
*
*
*
*
*
SYSTEM NAME AND NUMBER:
Personnel Security, Identity
Management, and Access Control
Records System–FTC (FTC–II–11).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
RECORD ACCESS PROCEDURES:
PO 00000
74 FR 17863–17866 (April 17, 2009).
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
*
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. System data pertaining to
identity management are maintained
separately off-site by an FTC contractor.
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/foiareading-rooms/privacy-act-systems and
at 87 FR 57698 (Sept. 21, 2022).
SYSTEM MANAGER(S):
Security Officer, Administrative
Services Office, Office of the Executive
Director, Federal Trade Commission,
600 Pennsylvania Avenue NW,
Washington, DC 20580 (Personnel
Security) and
Chief Human Capital Officer, Human
Capital Management Office, Federal
Trade Commission, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580 (Physical
Security).
Email: SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Homeland Security
Presidential Directive–12 (HSPD–12).
PURPOSE(S) OF THE SYSTEM:
To conduct personnel security
investigations; to make determinations
required based upon the results of those
investigations; and to maintain records
of the investigations and
determinations; to issue credentials that
comply with Government-wide
standards issued under HSPD–12, or to
issue other non-HSPD–12 temporary
identification for access to FTC facilities
or resources; to maintain logs or other
records of such logical and physical
access by FTC staff, contractors, or other
individuals; to detect, report and take
appropriation action against improper
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or unauthorized issuance or use of FTC
credentials, and unauthorized access to
or use of FTC facilities and resources.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Current and former FTC employees,
contractor staff, or other individuals
who have requested, been issued, and/
or used FTC identification for access to
FTC and/or other Federally controlled
facilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Names, security investigation reports,
adjudication files, card files, and
position sensitivity designation files,
and other data compiled, generated or
used for personnel security clearance;
fingerprints, photographs, signatures,
and other personal data collected or
used in connection with the issuance of
FTC identification (credentials); time,
date, location, or other data, logs, tapes,
or records compiled or generated when
such credentials are used to obtain
physical or logical access to FTC
facilities or resources.
These records are also covered by the
applicable system notice published by
the Defense Counterintelligence and
Security Agency (DCSA) (DUSDI 02DoD) (Personnel Vetting Records
System), and any successor system
notice that may be published by DCSA
for this system. Any materials obtained
from DCSA remain property of DCSA
and are subject to DUSDI 02-DoD.
RECORD SOURCE CATEGORIES:
Individual requesting or requiring
FTC identification for logical or
physical access purposes, Defense
Counterintelligence and Security
Agency (DCSA) Security/Suitability
Investigations Index files, FBI
Headquarters investigative files,
fingerprint index of arrest records,
Defense Central Index of Investigations,
previous employers, references
identified by record subject individual,
school registrars, and responsive law
enforcement agencies.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(1) Records in this system may be
used to disclose to an agency in the
executive, legislative, or judicial branch,
in response to its request, information
on the issuance of a security clearance
or the conducting of a security or
suitability investigation on individuals
who, at the time the records are added
to the system, were Commission
employees.
(2) Access logs, tapes, or other system
records may be reviewed or referred and
disclosed to police or other law
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enforcement personnel for purposes of
investigating possible criminal or other
illegal activity of individuals who have
accessed FTC facilities or resources.
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/foiareading-rooms/privacy-act-systems and
at 83 FR 55542–55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Paper and electronic records, tapes, or
other digital or non-digital media.
Identity management system data are
maintained in an off-site database
maintained and operated by a contractor
on behalf of the FTC.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Paper records indexed by individual’s
name. Electronic records searched and
retrieved by name or other data fields or
codes.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Personnel investigation reports are
retained for 15 years or until an
employee separates from the agency.
Records of adjudicative actions are
maintained for two years. Other records
in this system are retained and
destroyed in accordance with applicable
retention and disposal schedules and
guidance issued or approved by the
National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access to personnel security files is
restricted to FTC Personnel Security
staff, and such files are maintained in a
FedRAMP certified electronic case
management system. Any hard copy
materials are maintained in a
combination-locked safe and lockable
metal file cabinets in locked rooms.
Personnel investigation reports may be
reviewed by an agency official (who has
been subject to a favorable background
investigation) only on a strict need-toknow basis. Identity management
system (IDMS) data are collected,
maintained and accessed only by
authorized individuals. IDMS data are
not maintained with other data on
agency network servers, but are
transferred by dedicated telephone data
lines for off-site vendor storage,
management and security. Security
systems and equipment that
electronically log or record usage of
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79605
FTC-issued credentials to obtain access
to FTC facilities or resources are secured
electronically and physically (e.g.,
recording and video monitoring
equipment and servers in rooms
accessible only by authorized key
cards). FTC buildings are guarded and
monitored by security personnel,
cameras, ID checks, and other physical
security measures.
RECORD ACCESS PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(5),
records in this system, to the extent
such records have been compiled to
determine suitability, eligibility, or
qualifications for employment or other
matters, as set forth in the cited Privacy
Act provision, and would reveal the
identity of a confidential source, are
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
§ 4.13(m) of the FTC Rules of Practice,
16 CFR 4.13(m).
HISTORY:
*
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
IV. Correspondence Systems of Records
SYSTEM NAME AND NUMBER:
Consumer Information System–FTC
(FTC–IV–1).
SECURITY CLASSIFICATION:
Unclassified.
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SYSTEM LOCATION:
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. This system is operated offsite by a contractor. 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/foiareading-rooms/privacy-act-systems and
at 87 FR 57698 (Sept. 21, 2022).
SYSTEM MANAGER(S):
Assistant Director, Division of
Consumer Response and Operations,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580,
email: SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15
U.S.C. 41 et seq.; section 5 of the
Identity Theft and Assumption
Deterrence Act of 1998 (ITADA), 18
U.S.C. 1028 note.
PURPOSE(S) OF THE SYSTEM:
To maintain records of complaints
and inquiries from individual
consumers; to track and respond to such
communications (e.g., providing
information to consumers over the
phone or fulfilling requests by
consumers to be mailed copies of FTC
publications); identify consumer
problems and issues that may lead to
law enforcement investigations,
litigation, or other proceedings; to be
used in and made part of the records of
such proceedings, or to be referred to
other person, entities, or authorities,
where appropriate, covered by other
Privacy Act system of records notices;
and to provide statistical data on the
number and types of complaints or
other communications received by the
FTC. Also, to satisfy the requirement of
the ITADA that the FTC compile and
refer identity theft complaints to
‘‘appropriate entities,’’ and to provide
useful information that may contribute
to regulation and oversight of
institutions and systems that play a role
in or are affected by fraudulent business
practices or identity theft.
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
(1) Individual consumers who submit
complaints to the FTC about identity
theft, or the business practices of a
company or individual, as well as
consumers who request information or
assistance.
(2) Individuals who submit their
complaints about identity theft or the
business practices of a company or
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individual to another organization that
has agreed to provide its consumer
complaint information to the FTC.
(3) Individuals acting on behalf of
another consumer to submit the other
consumer’s complaint about identity
theft, or the business practices of a
company or individual, or to request
information or assistance on behalf of
another individual.
(4) Individuals who are the subjects of
complaints about identity theft or about
the business practices of a company or
individual.
(5) FTC or contractor staff assigned to
process or respond to such
communications.
(6) Other system users outside the
FTC (e.g., law enforcement agencies
authorized to have access to the system
under confidentiality agreements).
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Personally identifying information
about the individual who submits a
complaint or requests information or
assistance, including, for example, the
individual’s name, address, telephone
number, fax number, date of birth,
Social Security or credit card numbers,
email address and other personal
information extracted or summarized
from the individual’s complaint.
(2) Personally identifying information
about the individual who submits a
complaint or requests information or
assistance on behalf of someone else,
including, for example, the submitting
individual’s name, address, phone or
fax number and email address.
(3) The name, address, telephone
number or other information about an
individual who is the subject of a
complaint, or is allegedly associated
with the subject of a complaint.
(Information in the system about
companies or other non-individuals is
not covered by the Privacy Act.)
(4) The name and reference number of
FTC or contractor staff person who
entered or updated the complaint
information in the database.
(5) Name, organization, and contact
data for system users outside the FTC
(e.g., staff of other authorized law
enforcement agencies).
RECORD SOURCE CATEGORIES:
Consumers and entities who
communicate with the FTC; FTC staff
and contractors; other law enforcement
agencies and non-FTC organizations.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(1) Consumer complaints can be
disclosed to the subject of the complaint
for purposes of attempting to resolve the
complaint;
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(2) Identity theft complaints also can
be disclosed to the three major national
credit reporting agencies and other
appropriate entities to fulfill the
requirements of section 5 of the ITADA;
and
(3) Contact data for non-FTC users of
this system (e.g., staff of authorized law
enforcement agencies) can be shared
among such users or with others within
or outside the FTC to enable them to
communicate with one another.
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/foiareading-rooms/privacy-act-systems and
at 83 FR 55542–55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
The FTC uses several applications or
components to collect and share
consumer data. The FTC maintains a
Consumer Response Center (CRC),
which gathers, processes, and updates
consumer information submitted by
consumers via telephone-based services
and internet-based complaint forms.
Consumers access a multi-channel
bilingual (English and Spanish) contact
center to file complaints, report
instances of identity theft, receive and
print an identity theft report, and
request or receive consumer education
materials. Consumers may also file
complaints directly from their
computers and mobile devices using the
online ReportFraud portal, which asks
consumers to answer a series of
questions organized into a few simple
steps. The portal can be accessed from
the URLs Reportfraud.ftc.gov and
www.ftc.gov/complaint. Consumers
with cross-border e-commerce
complaints may file an online complaint
at www.econsumer.gov, which offers
cross-border consumer protection
information and an additional separate
online cross-border complaint form.
Finally, consumers may contact the CRC
through postal mail. The FTC also
receives data collected by other entities.
External contributors include a broad
array of public and private domestic and
foreign organizations.. Data from such
communications are entered into a
structured electronic database
maintained by a contractor on the
agency’s behalf, and accessible by Webbased interface to FTC staff, contractors,
and other authorized users (e.g., federal,
state, local, and international law
enforcement) subject to strict access and
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CONTESTING RECORD PROCEDURES:
security controls (see ‘‘Safeguards’’
below).
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Records may be retrieved and indexed
by any category of data that is submitted
by consumers or otherwise compiled in
association with such records (e.g.,
name, subject of the complaint).
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with Schedule DAA–
0122–2021–0002, which was approved
by the National Archives and Records
Administration. Consumer complaint
entries are generally destroyed when
they are 5 years old except when they
are subject to litigation holds to preserve
complaints.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
The system can currently be accessed
by FTC staff, contractors, and other
system users, such as authorized law
enforcement agency personnel. This
access occurs via a Web-based interface
and is authorized only on a need-toknow basis to those individuals and
organizations requiring access.
Contractors and other non-FTC users
must sign confidentiality and
nondisclosure agreements, and, in some
cases, are required to undergo
additional security clearance
procedures. Letters or other system
records in paper format are maintained
in lockable rooms and cabinets. Access
to the electronic database requires users
to have the correct ‘‘user ID’’ and
password combination, individual
security token code, and internet
protocol (‘‘IP’’) address for the user’s
law enforcement agency. The system
database is maintained on secure
servers, protected by firewalls, access
and usage logs, and other security
controls. Servers are maintained in a
secure physical environment, including
building locks, security guards, and
cameras.
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RECORD ACCESS PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
Individuals who call the FTC’s
Consumer Response Center can also use
their FTC reference number to identify
complaints they have previously
submitted in order to update them.
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See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
Individuals who call the FTC’s
Consumer Response Center can also use
their FTC reference number to identify
complaints they have previously
submitted in order to update them.
NOTIFICATION PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
Individuals who call the FTC’s
Consumer Response Center can also use
their FTC reference number to identify
complaints they have previously
submitted in order to update them.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2),
records in this system relating to
identity theft are exempt from the
requirements of subsections (c)(3), (d),
(e)(1), (e)(4) (G), (H), (I), and (f) of 5
U.S.C. 552a, and the corresponding
provisions of 16 CFR 4.13. See FTC
Rules of Practice 4.13(m), 16 CFR
4.13(m).
HISTORY:
*
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
79607
Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, email:
SORNs@ftc.gov.
See Treasury/FMS.017 for the system
manager and address of the
www.pay.gov system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15
U.S.C. 41 et seq., Telemarketing and
Consumer Fraud and Abuse Prevention
Act, 15 U.S.C. 6101–6108; Do-Not-Call
Implementation Act, Public Law No.
108–10 (2003); Do-Not-Call
Improvement Act of 2007, Public Law
110–187 (2008); Do-Not-Call Registry
Fee Extension Act of 2007, Public Law
110–188 (2008).
PURPOSE(S) OF THE SYSTEM:
To maintain records of the telephone
numbers of individuals who do not
wish to receive telemarketing calls; to
disclose such records to telemarketers,
sellers, and their agents in order for
them to reconcile their do-not-call lists
with the Registry and comply with the
do-not-call provisions of the
Commission’s Telemarketing Sales Rule,
16 CFR part 310; to enable the
Commission and other law enforcement
officials to determine whether a
company is complying with the Rule; to
provide statistical data that may lead to
or be incorporated into law enforcement
investigations and litigation; or for other
law enforcement, regulatory or
informational purposes. Information
submitted by or compiled on
telemarketers, sellers, and their agents is
used for purposes of fee collection,
authorizing their access to the system,
and related purposes and uses as
described in this notice.
SYSTEM NAME AND NUMBER:
National Do Not Call Registry
System–FTC (FTC–IV–3).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600
Pennsylvania Avenue NW, Washington,
DC 20580. System database is
maintained and operated off-site by a
contractor. 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/foiareading-rooms/privacy-act-systems and
at 87 FR 57698 (Sept. 21, 2022).
SYSTEM MANAGER(S):
National Do Not Call Registry Program
Manager, Division of Consumer
Response and Operations, Bureau of
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CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Individuals who notify the
Commission that they do not wish to
receive telemarketing calls. Individually
identifiable information (e.g., name,
email address) that telemarketers,
sellers, or their agents must submit
when paying for and obtaining access to
the system is covered by this system
only to the extent, if any, that such
information is ‘‘about [the] individual’’
within the meaning of the Privacy Act,
and is not about the telemarketer, seller,
or agent acting in a non-individual
business capacity.
CATEGORIES OF RECORDS IN THE SYSTEM:
Telephone numbers of individuals
who do not wish to receive
telemarketing calls; information
automatically generated by the system,
including date and/or time that the
telephone number was placed on or
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removed from the Registry; and other
information that the individual may be
asked to provide voluntarily (such as
email address, if the individual registers
through the National Do Not Call
Registry website). Telemarketers, sellers,
and their agents are also required to
submit information to pay for and
obtain authorized access to the system,
including the names of, or other
identifiers that may be associated with,
individuals (e.g., name of contact
person, name of the person to whom the
credit card is issued, email address,
etc.). Such information is part of this
FTC system of records only to the
extent, if any, that such information is
maintained in the FTC’s records and is
‘‘about [the] individual’’ within the
meaning of the Privacy Act, and not
about a telemarketer, seller, or agent
acting in a non-individual business
capacity.
Otherwise, user fee payment data
from telemarketers, sellers, and their
agents required to participate in the
National Do Not Call Registry are
principally collected and maintained on
behalf of the Government by the
www.pay.gov website operated by the
Department of Treasury Financial
Management Service (FMS). Those data
are covered by the applicable system
notice published by Treasury/FMS,
Treasury/FMS.017 (Collections
Records), and any successor system
notice that may be published for that
system.
RECORD SOURCE CATEGORIES:
Individuals who inform the
Commission through the procedures
established by the Commission that they
do not wish to receive telemarketing
calls. Some records may come from donot-call lists that some states or
organizations separately maintain.
Record sources for this system may also
include telemarketers, sellers, and
agents, but only to the extent, if any,
that they are ‘‘individuals’’ within the
meaning of the Privacy Act.
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ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
(1) Telephone numbers, but not any
email addresses, submitted by
individuals may be made available or
referred on an automatic or other basis
to telemarketers, sellers, and their
agents for the purpose of determining or
verifying that an individual does not
wish to receive telemarketing calls;
(2) Information submitted by or
compiled on telemarketers, sellers, and
their agents may be used and disclosed
to other Federal, state, or local
government authorities for payment or
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billing purposes, including referral to
debt collection agencies or other
governmental entities for collection, tax
reporting, or other related purposes.
Information that is submitted by or
compiled on telemarketers, sellers, and
their agents and that is incorporated
into the www.pay.gov system shall also
be subject to routine uses, if any, that
may be separately published for that
system, Treasury/FMS.017 (Collections
Records), or any successor system notice
for that system.
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/foiareading-rooms/privacy-act-systems and
at 83 FR 55542–55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
Records in the system are collected
and maintained by an off-site FTC
contractor in an electronic database
with Web-based access subject to strict
security controls (see ‘‘Safeguards’’
below).
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by area code and phone
number of individuals who have
informed the Commission that they do
not wish to receive telemarketing calls.
May also be retrieved by other data, if
any, compiled or otherwise maintained
with the record. For information
submitted by or compiled on
telemarketers, sellers, or their agents,
records may be indexed and retrieved
by any category of data that is submitted
by or compiled on such telemarketers,
sellers, or agents.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with Schedule DAA–
0122–2021–0002, which was approved
by the National Archives and Records
Administration. Consumer complaint
entries are generally destroyed when
they are 5 years old except when they
are subject to litigation holds to preserve
complaints. The consumer registration
function allows consumers to register
their telephone numbers in the DNC
system and to verify whether their
phone numbers are on the registry.
These registration entries are deleted 20
years after request of the individual to
whom the telephone number is
assigned, or the phone number is
disconnected and reassigned.
Telemarketer registrations are deleted
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20 years after the telemarketer account
no longer has any active subscriptions.
The retention and destruction of
payment data collected from
telemarketers, sellers, and their agents
by Treasury’s FMS is described in the
system notice for the www.pay.gov
system, Treasury/FMS.017.
The Spam Database, which was
retired in 2019, provided the public
with an email address to which they
could forward email and text messages
that they believed to be spam. This
database will be deleted on October 1,
2032.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access is generally restricted to those
agency personnel, contractors and other
law enforcement users subject to
confidentiality agreements whose
responsibilities require access, or to
approved telemarketers, sellers, and
their agents. Electronic access is subject
to login ID, password, and other
electronic access and security controls
(e.g., firewalls). Contractors are required
to sign confidentiality and
nondisclosure agreements.
RECORD ACCESS PROCEDURES:
To request access to any information
maintained with your registration that is
not available to you through the
automated dial-in system or the
designated website described in the
notification procedures above, you must
submit your request in writing. See
Appendix II (How To Make A Privacy
Act Request) for details. The same
access procedure applies to the extent,
if any, that the Privacy Act applies to
information submitted by or compiled
on telemarketers, sellers, or their agents,
where that information is not made
available for review or amendments
when the telemarketer, seller, or agent
accesses the system.
CONTESTING RECORD PROCEDURES:
Where an individual believes the
system has erroneously recorded or
omitted information that is collected
and maintained by the system, the
individual will be afforded the
opportunity to register, change, or delete
that information after the automated
system identifies and verifies the
telephone number from which the
individual is calling, if the individual is
using the designated website, or the
individual provides other identifying
information, if requested by the
automated system. To contest the
accuracy of any other information that
is not accessible to the individual
through the automated dial-in system or
website as described in the
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‘‘Notification procedures’’ section
above, the request must be submitted to
the FTC in writing. See Appendix II
(How To Make A Privacy Act Request)
for details. The same written request
requirement applies to telemarketers,
sellers, or their agents (to the extent, if
any, that they are ‘‘individuals’’ within
the meaning of the Privacy Act) when
seeking to contest the accuracy of
system information maintained on
them, except for system information, if
any, that can be contested or corrected
through the automated system.
NOTIFICATION PROCEDURES:
To obtain notification of whether the
system contains a record pertaining to
that individual (i.e., the individual’s
telephone number), individuals use a
dial-in system or a designated website
that will enable the identification and
verification of their telephone numbers.
Individuals filing written requests
pursuant to 16 CFR 4.13 will be
acknowledged and directed to use those
automated systems. To the extent, if
any, that the Privacy Act applies to
information submitted by or compiled
on telemarketers, sellers, or their agents,
the system provides notice (i.e.,
confirms) that the system is maintaining
such information when an individual
accesses the system using the account
number that was previously assigned to
the telemarketer, seller, or agent at the
time that entity originally entered
information into the system to establish
the relevant account.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
74 FR 17863–17866 (April 17, 2009).
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
*
VII. Miscellaneous Systems of Records
*
*
*
*
*
Automated Library Management
System–FTC (FTC–VII–1).
SECURITY CLASSIFICATION:
Unclassified.
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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/foiareading-rooms/privacy-act-systems and
at 87 FR 57698 (Sept. 21, 2022).
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Head Librarian, Library, Federal
Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580,
email: SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15
U.S.C. 41 et seq.
PURPOSE(S) OF THE SYSTEM:
To manage the FTC Library’s
acquisition and collection of books,
periodicals and other publications; to
fulfill requests for the routing of serials
among FTC employees; to electronically
index or search for holdings in the FTC
Library’s collection.
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
FTC personnel who request that
copies of FTC Library periodicals or
other publications in the Library’s
collection be routinely circulated
(routed) to them within the FTC;
authors of books, periodicals, or other
publications indexed in the Library’s
collection; and other individuals that
request FTC Library materials through
inter-library loans.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name and office location of the FTC
individual making a routing request,
employee identification number, and
the name and number of the periodical;
names of authors or other individuals
indexed or associated with books or
other publications maintained in the
FTC Library’s collection or requested
through inter-library loans.
RECORD SOURCE CATEGORIES:
Individual about whom the record is
maintained; author or other publication
data associated with the book,
periodical or other publication; system
users.
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
SYSTEM NAME AND NUMBER:
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SYSTEM MANAGER(S):
For 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/foiareading-rooms/privacy-act-systems and
at 83 FR 55542–55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by periodical number,
employee identification number, author,
or other information in the system.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
Records are retained and disposed of
in accordance with applicable schedules
and procedures issued or approved by
the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
Access restricted to staff or contractor
personnel whose responsibilities require
access. Access to electronic records is
controlled by ‘‘user ID’’ and password
combination and/or other appropriate
electronic access or network controls
(e.g., firewalls). (This limitation does
not apply to searchable online catalog
made available in the FTC Library.) FTC
buildings are guarded and monitored by
security personnel, cameras, ID checks,
and other physical security measures.
RECORD ACCESS PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 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-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
*
Electronic database using a
commercially available software
application.
SYSTEM NAME AND NUMBER:
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79609
Matter Record Search System
(MaRS)–FTC (FTC–VII–6).
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Federal Register / Vol. 89, No. 189 / Monday, September 30, 2024 / Notices
SECURITY CLASSIFICATION:
Records–FTC), FTC–I–6 (Public
Records–FTC).
Unclassified.
SYSTEM LOCATION:
RECORD SOURCE CATEGORIES:
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/foiareading-rooms/privacy-act-systems and
at 87 FR 57698 (Sept. 21, 2022).
FTC employees and others who
submit documents to the Commission.
SYSTEM MANAGER(S):
Office of the Secretary, Records
Management Division, Federal Trade
Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580, email:
SORNs@ftc.gov.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15
U.S.C. 41 et seq.
PURPOSE(S) OF THE SYSTEM:
Records in this system may be
disclosed to contractors in connection
with document processing, storage,
disposal and similar records
management and retrieval activities.
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/foiareading-rooms/privacy-act-systems and
at 83 FR 55541, 55542–55543 (Nov. 6,
2018).
To provide staff with the ability to
search for and access copies of agency
documents needed for legal and
economic research activities of the
Commission (e.g., internal memoranda,
economic reports, other agency work
product); to provide FTC staff
processing Freedom of Information Act
or other disclosure requests with the
ability to search for and access copies of
potentially responsive documents
outlining the actions and considerations
of the Commission, individual
Commissioners, and the staff; to provide
the ability, once the automated system
is fully implemented, to electronically
manage the writing, editing, storage,
retrieval and disposal of such
documents (e.g., memoranda,
correspondence), and to provide for
additional document management
functions, if any.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:
CATEGORIES OF INDIVIDUALS COVERED BY THE
SYSTEM:
Access is restricted to agency
personnel and contractors whose
responsibilities require access. Paper or
other non-digital records are stored in
secure offsite storage or lockable file
cabinets or offices. Access to electronic
records is controlled by ‘‘user ID’’ and
password combination, and/or rolebased access controls, and/or other
appropriate 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.
Individuals who have written
documents contained in Commission
files, and other individuals whose
names or other personally identifying
data are used to search and retrieve
documents from the system.
CATEGORIES OF RECORDS IN THE SYSTEM:
ddrumheller on DSK120RN23PROD with NOTICES1
ROUTINE USES OF RECORDS MAINTAINED IN THE
SYSTEM, INCLUDING CATEGORIES OF USERS AND
THE PURPOSES OF SUCH USES:
Name of author and documents
written by that individual; names or
other data about other individuals by
which documents in the system are
searched and retrieved; finding aids or
document indexes. Records in this
system may duplicate records included
in other FTC systems of records. See,
e.g., FTC–I–1 (Nonpublic Investigational
and Other Nonpublic Legal Program
VerDate Sep<11>2014
17:51 Sep 27, 2024
Jkt 262001
Older records are stored on electronic
and non-electronic formats. The system
also comprises one or more structured
databases using commercial software
applications to search, retrieve, and
manage records stored electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF
RECORDS:
Indexed by author of the document, or
other data fields or codes.
POLICIES AND PRACTICES FOR RETENTION AND
DISPOSAL OF RECORDS:
on the FTC’s website at https://
www.ftc.gov/about-ftc/foia/foia-readingrooms/privacy-act-systems and at 73 FR
33592, 33634 (June 12, 2008).
CONTESTING RECORD PROCEDURES:
See § 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-readingrooms/privacy-act-systems at 73 FR
33592, 33634 (June 12, 2008).
NOTIFICATION PROCEDURES:
See § 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-readingrooms/privacy-act-systems 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 or,
where applicable, made available
online. See FTC–I–6 (Public Records–
FTC). 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 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 § 4.13(m) of the FTC
Rules of Practice, 16 CFR 4.13(m).
HISTORY:
Records are retained and destroyed in
accordance with schedules and
procedures issued or approved by the
National Archives and Records
Administration.
87 FR 964–974 (January 7, 2022)
73 FR 33591–33634 (June 12, 2008).
*
*
*
*
*
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL
SAFEGUARDS:
[FR Doc. 2024–22391 Filed 9–27–24; 8:45 am]
RECORD ACCESS PROCEDURES:
See § 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
PO 00000
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Joel Christie,
Acting Secretary.
BILLING CODE 6750–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
[Docket No. CDC–2024–0072]
Meeting of the Advisory Committee on
Immunization Practices
Centers for Disease Control and
Prevention (CDC), Department of Health
and Human Services (HHS).
ACTION: Notice and request for comment.
AGENCY:
In accordance with the
Federal Advisory Committee Act, the
Centers for Disease Control and
SUMMARY:
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[Federal Register Volume 89, Number 189 (Monday, September 30, 2024)]
[Notices]
[Pages 79598-79610]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-22391]
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
Privacy Act of 1974; System of Records
AGENCY: Federal Trade Commission (FTC).
ACTION: Notice of modified systems of records.
-----------------------------------------------------------------------
SUMMARY: The FTC is making technical revisions to several of the
notices that it has published under the Privacy Act of 1974 to describe
its systems of records. This action is intended to make these notices
clearer, more accurate, and up-to-date.
DATES: These modified systems will be applicable on September 30, 2024.
FOR FURTHER INFORMATION CONTACT: G. Richard Gold, Attorney, Office of
the General Counsel, FTC, 600 Pennsylvania Avenue NW, Washington, DC
20580, (202) 326-3355 or [email protected].
SUPPLEMENTARY INFORMATION: To inform the public, the FTC publishes in
the Federal Register and posts on its website a ``system of records
notice'' (SORN) for each system of records that the FTC currently
maintains within the meaning of the Privacy Act of 1974, as amended, 5
U.S.C. 552a (``Privacy Act'' or ``Act''). See https://www.ftc.gov/about-ftc/foia/foia-reading-rooms/privacy-act-systems. The Privacy Act
protects records about individuals in systems of records collected and
maintained by Federal agencies. (A system is not a ``system of
records'' under the Act unless the agency maintains and retrieves
records in the system by the relevant individual's name or other
personally assigned identifier.) Each Federal agency, including the
FTC, must publish a SORN that describes the records maintained in each
of its Privacy Act systems, including the categories of individuals
that the records in the system are about where and how the agency
maintains these records, and how individuals can find out whether an
agency system contains any records about them or request access to
their records, if any. The FTC, for example, maintains 39 systems of
records under the Act. Some of these systems contain records about the
FTC's own employees, such as personnel and payroll files. Other FTC
systems contain records about members of the public, such as public
comments, consumer complaints, or phone numbers submitted to the FTC's
Do Not Call Registry.
The FTC's SORNs discussed in this notice apply only to the FTC's
own Privacy Act record systems. They do not cover Privacy Act records
that other Federal agencies may collect and maintain in their own
systems. Likewise, the FTC's SORNs and the Privacy Act of 1974 do not
cover personal records that private businesses or other non-FTC
entities may collect, which may be covered by other privacy laws.
[[Page 79599]]
Based on a periodic review of its SORNs, the FTC is publishing
these additional technical revisions, to ensure that the FTC's SORNs
and Appendices remain clear, accurate, and up-to-date:
First, the FTC is amending several SORNs to clarify or
update information about the applicable records disposition schedules
published or approved by the National Archives and Records
Administration (NARA). These schedules determine how long agency
records in each system should be retained and destroyed.
Second, the FTC is amending multiple SORNs to make other
technical changes (e.g., updating the official title of the system
manager, the authority for maintenance of the system, and the policies
and practices for storage and record retention of records).
Third, the FTC is republishing the full text of each of
the above SORNs, incorporating the technical amendments, for the
convenience of the reader and in accordance with OMB Circular A-108
(2016), which reorganized the format and content for SORNs published by
Federal agencies.
The FTC is not substantively adding or amending any routine uses of
its Privacy Act system records. Accordingly, the FTC is not required to
provide prior public comment or notice to OMB or Congress for these
technical amendments, which are final upon publication. See 5 U.S.C.
552a(e)(11) and 552a(r); OMB Circular A-108, supra.
A SORN-by-SORN summary, including a more detailed description of
each SORN and how it is being amended, appears below, followed by the
full text of the SORNs, as amended.
I. Law Enforcement Systems of Records
FTC-I-3 (Informal Advisory Opinion Requests and Response Files--
FTC). This SORN covers the records of individuals who have requested
informal advisory opinions from the FTC staff, and records of the
responses to such requests. The Commission has updated the sections
relating to the System Manager, Policies and Practices for Storage of
Records, and Policies and Practices for Retrieval of Records.
FTC-I-5 (Matter Management System--FTC). This SORN covers the
administrative database used by the FTC to track and report the history
and status of FTC investigations and other agency matters, including
names of employees or others assigned to or involved in such matters.
The Commission has updated the sections relating to the System Manager
and Policies, Purpose of the System, Categories of Records, Policies
and Practices for Retrieval of Records, and Policies and Practices for
Retention and Disposal of Records.
FTC-I-6 (Public Records--FTC). This SORN covers the FTC's system of
public records, including comments submitted by consumers and others in
rulemakings, workshops, or other FTC proceedings. The FTC makes these
public records routinely available for public inspection and copying,
including by posting copies of such records on the internet, as noted
in section 4.9(b) of the FTC Rules of Practice, 16 CFR 4.9(b), and
explained in the FTC's online privacy policy posted at www.ftc.gov.
This SORN has been updated to add an additional System Manager, the
website Manager, Office of Public Affairs, and to update Policies and
Practices for Retrieval of Records, and Administrative, Technical, and
Physical Safeguards.
FTC-I-7 (Office of Inspector General Files--FTC). This SORN covers
records in the FTC's Office of Inspector General (OIG). The OIG
maintains this system of records to carry out its responsibilities
pursuant to the Inspector General Act, as amended. This system was last
revised in 2009. Among other minor changes, this SORN has been updated
under System Name, Purpose, Categories of Individuals Covered by the
System, Categories of Records in the System, Record Source Categories,
Policies and Practices for Storage of Records, Retention and Disposal
of Records, and Administrative, Technical, and Physical Safeguards.
II. Federal Trade Commission Personnel Systems of Records
FTC-II-11 (Personnel Security, Identity Management & Access Control
Records--FTC). This SORN covers security-related records for
determining the eligibility of FTC employees or other authorized
individuals (e.g., on-site contractors) for access to FTC facilities
and resources, as well as records related to granting and controlling
such access. This SORN has been updated to add an additional System
Manager, the Human Capital Management Office, and an additional Record
Source Category to include the Defense Counterintelligence and Security
Agency (DCSA).
IV. Correspondence Systems of Records
FTC-IV-1 (Consumer Information System--FTC). This SORN covers
consumer complaints and information requests received from consumers,
as well as identity theft complaints. Among other updates, the
Commission has updated the sections relating to the System Manager,
Policies and Practices for Storage of Records, and Policies and
Practices for Retention and Disposal of Records.
FTC-IV-3 (National Do Not Call Registry--FTC). This SORN covers
records of individuals who wish to be placed on the FTC's telemarketing
do-not-call list. It also covers information collected from
telemarketers, sellers, or agents who are required to comply with the
list, but only to the extent, if any, that such telemarketers, sellers,
or agents are also ``individuals'' within the meaning of the Privacy
Act. The FTC is revising the sections on System Location, Practices for
Retention and Disposal of Records, Record Access Procedures, and
Contesting Record Procedures.
VII. Miscellaneous Systems of Records
FTC-VII-1 (Automated Library Management System--FTC). This SORN
covers requests from FTC employees and other individuals to search for
holdings in the FTC Library's collection. The Commission has updated
the Categories of Individuals Covered by the System.
FTC-VII-6 (Matter Record Search System (MaRS)--FTC). This SORN
covers legacy and current electronic data collections of FTC memoranda
and other agency records that may be managed by and retrieved by the
author's name or other personal identifiers. The FTC has revised the
System Name, System Manager, and Administrative, Technical, and
Physical Safeguards.
FTC Systems of Records Notices
In light of the updated SORN template set forth in the revised OMB
Circular A-108 (2016), the FTC is reprinting the entire text of each
amended SORN when necessary for the public's benefit, to read as
follows:
I. Law Enforcement Systems of Records
* * * * *
SYSTEM NAME AND NUMBER:
Informal Advisory Opinion Request and Response Files--FTC (FTC-I-
3).
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 87 FR 57698
(Sept. 21, 2022).
[[Page 79600]]
SYSTEM MANAGER(S):
Office of the Secretary, Records Management Division, 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.
PURPOSE(S) OF THE SYSTEM:
To respond to requests for informal advisory opinions; to maintain
records of such requests and the staff's responses; for use by staff in
coordinating and preparing future advisory opinions and assuring the
consistency of such opinions; to make records of such requests and
staff responses available within the FTC for historical, legal
research, investigational, and similar purposes (see FTC-VII-6,
Document Management and Retrieval System--FTC); and also to make
appropriate portions of such records available to the public (see FTC-
I-6, Public Records--FTC).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Applicants for informal advisory opinions from FTC staff under
Sec. 1.1(b) of the Commission's Rules of Practice, 16 CFR 1.1(b).
(Applicants for formal advisory opinions from the Commission under
Sec. 1.1(a) of the Rules of Practice, 16 CFR 1.1(a), are covered by
FTC-I-1, Nonpublic Investigational and Other Nonpublic Legal Program
Records--FTC.)
CATEGORIES OF RECORDS IN THE SYSTEM:
Name of author and documents written by that individual; names or
other data about other individuals by which documents in the system are
searched and retrieved; finding aids or document indexes. Records in
this system may duplicate records included in other FTC systems of
records. See, e.g., FTC-I-1 (Nonpublic Investigational and Other
Nonpublic Legal Program Records--FTC), FTC-I-6 (Public Records--FTC).
RECORD SOURCE CATEGORIES:
Individual proprietorship, corporation, or other business
organization, counsel seeking or receiving a staff advisory opinion,
and FTC employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system may be:
(1) Referred to appropriate federal or state agencies for advice,
for law enforcement, or where law enforcement action may be warranted;
and
(2) Disclosed on the FTC's public record under the FTC's Rules of
Practice. See FTC-I-6, Public Records--FTC.
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 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The FTC maintains these records in electronic and non-electronic
formats and media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are indexed by name of requesting party and subject matter
of the opinion.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of under applicable schedules and
procedures approved by the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
For records other than those made public, access is restricted to
agency personnel or contractors whose responsibilities require access.
Paper records are maintained in lockable rooms or file cabinets. Access
to electronic records is controlled by ``user ID'' and password
combination and/or other appropriate 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 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 at 73 FR 33592, 33634
(June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
73 FR 33591-33634 (June 12, 2008).
* * * * *
SYSTEM NAME AND NUMBER:
Matter Management System--FTC (FTC-I-5).
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 87 FR 57698 (Sept. 21,
2022).
SYSTEM MANAGER(S):
Office of the Secretary, Records Intake and Processing Division,
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.
PURPOSE(S) OF THE SYSTEM:
This system, currently known within the FTC as Matter Management
System 2 (MMS2), is used to record and track the status or occurrence
of planned or actual actions and events that may arise in
investigations, rulemakings, or other Commission matters, and to
generate status or history reports on these actions, events, and
matters for use by Commission management and staff, in combination, as
needed, with matter-related data from other systems. Specific purposes
of this system (FTC-I-5) include: to maintain records of employee work
and Commission law enforcement activities; to make workload and budget
determinations and personnel-related evaluations; to assist in
investigative and adjudicative proceedings, enforcement actions, civil
penalty proceedings, consideration of
[[Page 79601]]
compliance reports, issuance of cease and desist orders, advisory
opinions, and other Commission matters and proceedings; to refer
information compiled in system records to experts and consultants when
considered appropriate by Commission staff; and to use those records to
properly manage Commission resources.
This system includes a subsystem of records to record and keep
track of the status of matters pending for a vote or other review or
action before the full Commission (i.e., the five Federal Trade
Commissioners). The specific purposes of those records include: to
process and control assignments made to individual Commissioners; to
coordinate the consideration of and votes on appropriate issues; to
assist Commissioners and staff in investigative, adjudicative and
rulemaking proceedings, enforcement actions, civil penalty proceedings,
consideration of compliance reports, issuance of complaints,
negotiation of consent orders, issuance of cease and desist orders,
advisory opinions, and other matters before the Commission; and to
retain records of the matters before the Commission, the Commission's
deliberations and decisions concerning those matters, and related
documents.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Past and present Commission employees, and other participants or
parties in Commission investigations, rulemaking, advisory, and law
enforcement matters or proceedings. (Businesses, sole proprietorships,
or corporations are not covered by this system.)
CATEGORIES OF RECORDS IN THE SYSTEM:
For records about past or present Commission employees: employee
name; employee identification number; organization name and code;
employee assignments to individual matters. For others: records related
to investigatory, rulemaking, advisory opinion and other matters or
proceedings, including matter name and associated matter number; matter
status; alleged or potential law violation; and goods or services
associated with the proceeding. The records also includes names and
mailing addresses of civil investigative demand and subpoena recipients
and names of deponents, as well as brief descriptions or summaries of
planned or actual actions or events during an FTC investigation,
rulemaking, court case, or other FTC matter or proceeding. The system
also includes records of assignments, votes, circulations, or other
activities or actions of the FTC's Commissioners on agency proceedings
and matters.
RECORD SOURCE CATEGORIES:
Individual on whom the record is maintained and Commission staff
associated with the matter.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system:
(1) May be made available or referred to federal, state, local or
international government authorities for investigation, possible
criminal prosecution, civil action, regulatory order or other law
enforcement purpose; and
(2) May be disclosed on the FTC's public record under the FTC's
Rules of Practice. See FTC-I-6, Public Records--FTC.
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 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
System records are primarily maintained and accessed
electronically. The system can generate electronic or printed status or
history reports.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by Commissioner, staff, or other individual name, employee
identification number, respondent's or correspondent's name, company
name, industry investigation title, and FTC matter number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with schedules
and procedures issued or approved by the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
For records other than those made public, access is restricted to
agency personnel or contractors whose responsibilities require access.
Access to nonpublic electronic records is controlled by ``user ID'' and
password combination and/or other appropriate 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:
Copies of records contained in this system that have been placed on
the FTC public record are available upon request or from the FTC's
website, where applicable. See FTC-I-6, Public Records--FTC. 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 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:
73 FR 33591-33634 (June 12, 2008).
SYSTEM NAME AND NUMBER:
Public Records--FTC (FTC-I-6).
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 87 FR 57698
(Sept. 21, 2022).
[[Page 79602]]
SYSTEM MANAGER(S):
Office of the Secretary, Clerk of Court Division, Federal Trade
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, and
Website Manager, Office of Public Affairs, 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.; Executive Order
10450; Freedom of Information Act, 5 U.S.C. 552; 16 CFR 4.9.
PURPOSE(S) OF THE SYSTEM:
To make appropriate portions of the records in FTC matters
available to the public; to enable members of the public to review and
comment on or respond to such comments; to maintain records of
Commission activities related to those matters.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Participants in Commission investigations, rulemaking, advisory,
and law enforcement proceedings; parties requesting formal advisory
opinions; consumers who have received redress or who are entitled to
redress pursuant to Commission or court orders; and commenters to
Commission proceedings, including general requests for comments.
(Businesses, sole proprietorships, or corporations are not covered by
this system.)
CATEGORIES OF RECORDS IN THE SYSTEM:
Public comments and other records that an individual may submit in
an agency matter, where such record is subject to routine inspection
and copying under the FTC's Rules of Practice, 16 CFR 4.9(b). These
records can for example relate to general requests for information,
investigations, rulemaking, advisory, and law enforcement proceedings.
These records include records that either have become or are likely to
become the subject of subsequent requests for substantially the same
records under the Freedom of Information Act (FOIA). See 5 U.S.C.
552(a)(2)(D). This system (FTC I-6) is limited to files and records
that are about an individual, and only when the file or record is
pulled (``retrieved'') by the name of that individual or other
identifying particular assigned to that individual (e.g., number,
symbol, fingerprint, etc.). Public comments received in connection with
FTC rulemakings, workshops and consent agreements are also collected on
behalf of the FTC and maintained by the Government-wide Federal Docket
Management System (FDMS) through a website (www.regulations.gov). The
General Services Administration (GSA) manages and operates the FDMS on
behalf of the Federal Government, and has published a system of records
notice to cover the FDMS, including any records collected on behalf of
the FTC through that system. See GSA/OGP-1 (e-Rulemaking Program
Administrative System).
RECORD SOURCE CATEGORIES:
Individual respondent(s), company records, complainants,
informants, witnesses, participants, commenters, and FTC employees.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system may be:
(1) Disclosed on the FTC's public record under the FTC's Rules of
Practice, including by posting copies of such records on the FTC's
website, www.ftc.gov, or made public by other electronic or non-
electronic means. See 16 CFR 4.9(b); or
(2) Disclosed publicly through the FDMS or for any other routine
use set forth in the system of records notice published for that system
of records, GSA/OGP-1, or any successor system notice for that system.
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 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The FTC maintains these records in electronic and non-electronic
formats. The FTC maintains electronic records in this system using a
combination of different databases and applications, rather than
maintaining them in a single electronic system.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by respondent's, participant's, commenter's, or FTC staff
member's name; company name; industry investigation title; FTC matter
name; and FTC matter number.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of under applicable schedules and
procedures approved by the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The FTC's websites are secured and monitored to protect against
unauthorized deletion or alteration of records posted on such sites.
Access to the official record copy of such records is restricted, where
appropriate, to agency personnel or contractors whose responsibilities
require access. See GSA/OGP-1 (e-Rulemaking Program Administrative
System) for a description of the safeguards by the Federal Docket
Management System for any public comments filed in connection with FTC
matters or proceedings that are found at www.regulations.gov.
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 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 at 73 FR 33592, 33634
(June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
87 FR 964-974 (January 7, 2022)
73 FR 33591-33634 (June 12, 2008).
* * * * *
SYSTEM NAME AND NUMBER:
Office of Inspector General Files--FTC (FTC-I-7).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Office of Inspector General (OIG), Federal Trade Commission, 600
[[Page 79603]]
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/policy-notices/privacy-policy/privacy-act-systems
and at 87 FR 57698 (Sept. 21, 2022). Also see https://www.ftc.gov/office-inspector-general/reports-correspondence.
SYSTEM MANAGER(S):
Inspector General, Federal Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580, email: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Inspector General Act, as amended, 5 U.S.C. 401 et seq.
PURPOSE(S) OF THE SYSTEM:
The OIG maintains this system of records to carry out its
responsibilities pursuant to the Inspector General Act, as amended. The
OIG is statutorily directed to receive complaints and conduct and
supervise investigations, reviews and audits relating to programs and
operations of the Federal Trade Commission, to promote economy,
efficiency, and effectiveness in the administration of such programs
and operations, and to prevent and detect fraud, waste, and abuse in
such programs and operations. Accordingly, the records in this system
consist of complaints and related correspondence concerning possible
violations of law, rules, regulations, mismanagement, gross waste of
funds, abuse of authority or a substantial and specific danger to the
public health or safety related to the FTC; records created, received,
or obtained during the course of investigating individuals and entities
suspected of having committed illegal or unethical acts or misconduct
and in any resulting related criminal prosecutions, civil proceedings,
or administrative actions; and records created, received, or obtained
during the course of conducting audits, inspections, or reviews and
issuing reports, advisories or correspondence.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered consist of: (1) current and former FTC
employees, applicants for employment, contractors and subcontractors
associated with an activity that OIG is investigating, inspecting,
reviewing, or auditing; (2) individuals who submit complaints to the
OIG; (3) subjects of hotline complaints; and (4) individuals and
entities performing some other role of significance to the OIG's
investigative, inspecting, reviewing, or auditing efforts, such as
potential witnesses or subjects who are not FTC current or former
employees, contractors or subcontractors. The system also tracks
information related to OIG staff and staff of other agencies involved
in conducting the investigative, inspecting, reviewing or auditing
activity.
CATEGORIES OF RECORDS IN THE SYSTEM
Records related to complaints to the OIG, planning and conducting
investigations, reviews, inspections and audits, the results of
investigations, and any civil, criminal, or administrative actions
resulting from investigations and other matters. More specifically,
this includes, but is not limited to, correspondence relating to
investigations and other matters; internal staff memoranda; copies of
subpoenas issued during investigations and other matters, affidavits,
statements from witnesses, transcripts of testimony taken in
investigations or other matters and accompanying exhibits; documents,
records or copies obtained during investigations and other matters;
interview notes, documents and records relating to investigations and
other matters; opening reports, information or data relating to alleged
or suspected criminal, civil or administrative violations or similar
wrongdoing by subject individuals and final reports of investigation
and other matters.
RECORD SOURCE CATEGORIES:
Employees or other individuals on whom the record is maintained,
non-target witnesses, FTC and non-FTC records, to the extent necessary
to receive, review and respond to complaints and carry out OIG
investigations, reviews, inspections, and audits, as authorized by 5
U.S.C. 401 et seq.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system may be:
1. Disclosed to agencies, offices, or establishments of the
executive, legislative, or judicial branches of the federal or state
government--
(a) Where such agency, office, or establishment has an interest in
the individual for employment purposes, including a security clearance
or determination as to access to classified information, and needs to
evaluate the individual's qualifications, suitability, and loyalty to
the United States Government, or
(b) Where such agency, office, or establishment conducts an
investigation of the individual for the purposes of granting a security
clearance, or for making a determination of qualifications,
suitability, or loyalty to the United States Government, or access to
classified information or restricted areas, or
(c) Where the records or information in those records are relevant
and necessary to a decision with regard to the hiring or retention of
an employee or disciplinary or other administrative action concerning
an employee, or
(d) Where disclosure is requested in connection with the award of a
contract or other determination relating to a government procurement,
or the issuance of a license, grant, or other benefit by the requesting
agency, to the extent that the record is relevant and necessary to the
requesting agency's decision on the matter, including, but not limited
to, disclosure to any Federal agency responsible for considering
suspension or debarment actions where such record would be germane to a
determination of the propriety or necessity of such action, or
disclosure to the United States General Accountability Office, the
General Services Administration Board of Contract Appeals, or any other
federal contract board of appeals in cases relating to an agency
procurement.
2. Disclosed to the Office of Personnel Management, the Office of
Government Ethics, the Merit Systems Protection Board, the Office of
the Special Counsel, the Equal Employment Opportunity Commission, or
the Federal Labor Relations Authority or its General Counsel, of
records or portions thereof relevant and necessary to carrying out
their authorized functions, such as, but not limited to, rendering
advice requested by the OIG, investigations of alleged or prohibited
personnel practices (including unfair labor or discriminatory
practices), appeals before official agencies, offices, panels or
boards, and authorized studies or review of civil service or merit
systems or affirmative action programs.
3. Disclosed to independent auditors or other private firms with
which the Office of the Inspector General has contracted to carry out
an independent audit or investigation, or to analyze, collate,
aggregate or otherwise refine data collected in the system of records,
subject to the requirement that such contractors shall maintain Privacy
Act safeguards with respect to such records.
4. Disclosed to a direct recipient of federal funds such as a
contractor, where such record reflects serious inadequacies with a
recipient's personnel and disclosure of the record is for purposes of
permitting a recipient
[[Page 79604]]
to take corrective action beneficial to the Government;
5. Disclosed to any official charged with the responsibility to
conduct qualitative assessment reviews of internal safeguards and
management procedures employed in investigative operations. This
disclosure category includes members of the Council of the Inspectors
General on Integrity and Efficiency and officials and administrative
staff within their investigative chain of command, as well as
authorized officials of the Department of Justice and the Federal
Bureau of Investigation;
6. Disclosed to members of the Council of the Inspectors General on
Integrity and Efficiency for the preparation of reports to the
President and Congress on the activities of the Inspectors General;
7. Disclosed to complainants and/or victims to the extent necessary
to provide such persons with information and explanations concerning
the progress and/or results of the investigation or case arising from
the matters of which they complained and/or which they were a victim.
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/policy-notices/privacy-policy/privacy-act-systems and at 83 FR 55541,
55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The FTC maintains system records in various electronic and non-
electronic formats and media. The OIG Files consist of paper records
maintained in file folders, cassette tapes and CD-ROMs containing audio
recordings of investigative interviews, and data maintained on computer
diskettes and hard drives. The folders, cassette tapes, CD-ROMs and
diskettes are stored in file cabinets in the OIG. Electronic files are
retained either in FTC servers or on the cloud.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
The records are retrieved by the name of the subject of the
investigation or by a unique control number assigned to each
investigation.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with Schedule
DAA-0122-2020-0001, which was approved by the National Archives and
Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel or contractors whose
responsibilities require access.. Access to electronic records is
controlled by ``user ID'' and password combination, and/or role-based
access controls, and/or other electronic access or network controls
(e.g., firewalls). Paper records are maintained in lockable rooms or
file cabinets, which are kept locked during non-duty hours. 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/policy-notices/privacy-policy/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/policy-notices/privacy-policy/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/policy-notices/privacy-policy/privacy-act-systems and at 73 FR 33592, 33634
(June 12, 2008).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(j)(2), records in this system are exempt
from the provisions of 5 U.S.C. 552(a), except subsections (b), (c)(1)
and (2), (e)(4)(A) through (F), (e)(6), (7), (9), (10) and (11) and (i)
and corresponding provisions of 16 CFR 4.13, to the extent that a
record in the system of records was compiled for criminal law
enforcement purposes.
Pursuant to 5 U.S.C. 552a(k)(2), the system is exempt from 5 U.S.C.
552a(c)(3), (d), (e)(1), (e)(4)(G), (H) and (I) and (f) and the
corresponding provisions of 16 CFR 4.13, to the extent the system of
records consists of investigatory material compiled for law enforcement
purposes, other than material within the scope of the exemption at 5
U.S.C. 552a(j)(2). See 16 CFR 4.13(m).
HISTORY:
74 FR 17863-17866 (April 17, 2009).
73 FR 33591-33634 (June 12, 2008).
* * * * *
II. Federal Trade Commission Personnel Systems of Records
* * * * *
SYSTEM NAME AND NUMBER:
Personnel Security, Identity Management, and Access Control Records
System-FTC (FTC-II-11).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. System data pertaining to identity management are maintained
separately off-site by an FTC contractor. 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 87 FR 57698 (Sept. 21, 2022).
SYSTEM MANAGER(S):
Security Officer, Administrative Services Office, Office of the
Executive Director, Federal Trade Commission, 600 Pennsylvania Avenue
NW, Washington, DC 20580 (Personnel Security) and
Chief Human Capital Officer, Human Capital Management Office,
Federal Trade Commission, Federal Trade Commission, 600 Pennsylvania
Avenue NW, Washington, DC 20580 (Physical Security).
Email: [email protected].
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 301; Homeland Security Presidential Directive-12 (HSPD-
12).
PURPOSE(S) OF THE SYSTEM:
To conduct personnel security investigations; to make
determinations required based upon the results of those investigations;
and to maintain records of the investigations and determinations; to
issue credentials that comply with Government-wide standards issued
under HSPD-12, or to issue other non-HSPD-12 temporary identification
for access to FTC facilities or resources; to maintain logs or other
records of such logical and physical access by FTC staff, contractors,
or other individuals; to detect, report and take appropriation action
against improper
[[Page 79605]]
or unauthorized issuance or use of FTC credentials, and unauthorized
access to or use of FTC facilities and resources.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Current and former FTC employees, contractor staff, or other
individuals who have requested, been issued, and/or used FTC
identification for access to FTC and/or other Federally controlled
facilities.
CATEGORIES OF RECORDS IN THE SYSTEM:
Names, security investigation reports, adjudication files, card
files, and position sensitivity designation files, and other data
compiled, generated or used for personnel security clearance;
fingerprints, photographs, signatures, and other personal data
collected or used in connection with the issuance of FTC identification
(credentials); time, date, location, or other data, logs, tapes, or
records compiled or generated when such credentials are used to obtain
physical or logical access to FTC facilities or resources.
These records are also covered by the applicable system notice
published by the Defense Counterintelligence and Security Agency (DCSA)
(DUSDI 02-DoD) (Personnel Vetting Records System), and any successor
system notice that may be published by DCSA for this system. Any
materials obtained from DCSA remain property of DCSA and are subject to
DUSDI 02-DoD.
RECORD SOURCE CATEGORIES:
Individual requesting or requiring FTC identification for logical
or physical access purposes, Defense Counterintelligence and Security
Agency (DCSA) Security/Suitability Investigations Index files, FBI
Headquarters investigative files, fingerprint index of arrest records,
Defense Central Index of Investigations, previous employers, references
identified by record subject individual, school registrars, and
responsive law enforcement agencies.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(1) Records in this system may be used to disclose to an agency in
the executive, legislative, or judicial branch, in response to its
request, information on the issuance of a security clearance or the
conducting of a security or suitability investigation on individuals
who, at the time the records are added to the system, were Commission
employees.
(2) Access logs, tapes, or other system records may be reviewed or
referred and disclosed to police or other law enforcement personnel for
purposes of investigating possible criminal or other illegal activity
of individuals who have accessed FTC facilities or resources.
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 83 FR
55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and electronic records, tapes, or other digital or non-
digital media. Identity management system data are maintained in an
off-site database maintained and operated by a contractor on behalf of
the FTC.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Paper records indexed by individual's name. Electronic records
searched and retrieved by name or other data fields or codes.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Personnel investigation reports are retained for 15 years or until
an employee separates from the agency. Records of adjudicative actions
are maintained for two years. Other records in this system are retained
and destroyed in accordance with applicable retention and disposal
schedules and guidance issued or approved by the National Archives and
Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access to personnel security files is restricted to FTC Personnel
Security staff, and such files are maintained in a FedRAMP certified
electronic case management system. Any hard copy materials are
maintained in a combination-locked safe and lockable metal file
cabinets in locked rooms. Personnel investigation reports may be
reviewed by an agency official (who has been subject to a favorable
background investigation) only on a strict need-to-know basis. Identity
management system (IDMS) data are collected, maintained and accessed
only by authorized individuals. IDMS data are not maintained with other
data on agency network servers, but are transferred by dedicated
telephone data lines for off-site vendor storage, management and
security. Security systems and equipment that electronically log or
record usage of FTC-issued credentials to obtain access to FTC
facilities or resources are secured electronically and physically
(e.g., recording and video monitoring equipment and servers in rooms
accessible only by authorized key cards). 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:
Pursuant to 5 U.S.C. 552a(k)(5), records in this system, to the
extent such records have been compiled to determine suitability,
eligibility, or qualifications for employment or other matters, as set
forth in the cited Privacy Act provision, and would reveal the identity
of a confidential source, are 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:
73 FR 33591-33634 (June 12, 2008).
* * * * *
IV. Correspondence Systems of Records
SYSTEM NAME AND NUMBER:
Consumer Information System-FTC (FTC-IV-1).
SECURITY CLASSIFICATION:
Unclassified.
[[Page 79606]]
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. This system is operated off-site by a contractor. 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 87 FR 57698 (Sept. 21, 2022).
SYSTEM MANAGER(S):
Assistant Director, Division of Consumer Response and Operations,
Bureau of Consumer Protection, 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.; section 5 of
the Identity Theft and Assumption Deterrence Act of 1998 (ITADA), 18
U.S.C. 1028 note.
PURPOSE(S) OF THE SYSTEM:
To maintain records of complaints and inquiries from individual
consumers; to track and respond to such communications (e.g., providing
information to consumers over the phone or fulfilling requests by
consumers to be mailed copies of FTC publications); identify consumer
problems and issues that may lead to law enforcement investigations,
litigation, or other proceedings; to be used in and made part of the
records of such proceedings, or to be referred to other person,
entities, or authorities, where appropriate, covered by other Privacy
Act system of records notices; and to provide statistical data on the
number and types of complaints or other communications received by the
FTC. Also, to satisfy the requirement of the ITADA that the FTC compile
and refer identity theft complaints to ``appropriate entities,'' and to
provide useful information that may contribute to regulation and
oversight of institutions and systems that play a role in or are
affected by fraudulent business practices or identity theft.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
(1) Individual consumers who submit complaints to the FTC about
identity theft, or the business practices of a company or individual,
as well as consumers who request information or assistance.
(2) Individuals who submit their complaints about identity theft or
the business practices of a company or individual to another
organization that has agreed to provide its consumer complaint
information to the FTC.
(3) Individuals acting on behalf of another consumer to submit the
other consumer's complaint about identity theft, or the business
practices of a company or individual, or to request information or
assistance on behalf of another individual.
(4) Individuals who are the subjects of complaints about identity
theft or about the business practices of a company or individual.
(5) FTC or contractor staff assigned to process or respond to such
communications.
(6) Other system users outside the FTC (e.g., law enforcement
agencies authorized to have access to the system under confidentiality
agreements).
CATEGORIES OF RECORDS IN THE SYSTEM:
(1) Personally identifying information about the individual who
submits a complaint or requests information or assistance, including,
for example, the individual's name, address, telephone number, fax
number, date of birth, Social Security or credit card numbers, email
address and other personal information extracted or summarized from the
individual's complaint.
(2) Personally identifying information about the individual who
submits a complaint or requests information or assistance on behalf of
someone else, including, for example, the submitting individual's name,
address, phone or fax number and email address.
(3) The name, address, telephone number or other information about
an individual who is the subject of a complaint, or is allegedly
associated with the subject of a complaint. (Information in the system
about companies or other non-individuals is not covered by the Privacy
Act.)
(4) The name and reference number of FTC or contractor staff person
who entered or updated the complaint information in the database.
(5) Name, organization, and contact data for system users outside
the FTC (e.g., staff of other authorized law enforcement agencies).
RECORD SOURCE CATEGORIES:
Consumers and entities who communicate with the FTC; FTC staff and
contractors; other law enforcement agencies and non-FTC organizations.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(1) Consumer complaints can be disclosed to the subject of the
complaint for purposes of attempting to resolve the complaint;
(2) Identity theft complaints also can be disclosed to the three
major national credit reporting agencies and other appropriate entities
to fulfill the requirements of section 5 of the ITADA; and
(3) Contact data for non-FTC users of this system (e.g., staff of
authorized law enforcement agencies) can be shared among such users or
with others within or outside the FTC to enable them to communicate
with one another.
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 83 FR
55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
The FTC uses several applications or components to collect and
share consumer data. The FTC maintains a Consumer Response Center
(CRC), which gathers, processes, and updates consumer information
submitted by consumers via telephone-based services and internet-based
complaint forms. Consumers access a multi-channel bilingual (English
and Spanish) contact center to file complaints, report instances of
identity theft, receive and print an identity theft report, and request
or receive consumer education materials. Consumers may also file
complaints directly from their computers and mobile devices using the
online ReportFraud portal, which asks consumers to answer a series of
questions organized into a few simple steps. The portal can be accessed
from the URLs Reportfraud.ftc.gov and www.ftc.gov/complaint. Consumers
with cross-border e-commerce complaints may file an online complaint at
www.econsumer.gov, which offers cross-border consumer protection
information and an additional separate online cross-border complaint
form. Finally, consumers may contact the CRC through postal mail. The
FTC also receives data collected by other entities. External
contributors include a broad array of public and private domestic and
foreign organizations.. Data from such communications are entered into
a structured electronic database maintained by a contractor on the
agency's behalf, and accessible by Web-based interface to FTC staff,
contractors, and other authorized users (e.g., federal, state, local,
and international law enforcement) subject to strict access and
[[Page 79607]]
security controls (see ``Safeguards'' below).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records may be retrieved and indexed by any category of data that
is submitted by consumers or otherwise compiled in association with
such records (e.g., name, subject of the complaint).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with Schedule
DAA-0122-2021-0002, which was approved by the National Archives and
Records Administration. Consumer complaint entries are generally
destroyed when they are 5 years old except when they are subject to
litigation holds to preserve complaints.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The system can currently be accessed by FTC staff, contractors, and
other system users, such as authorized law enforcement agency
personnel. This access occurs via a Web-based interface and is
authorized only on a need-to-know basis to those individuals and
organizations requiring access. Contractors and other non-FTC users
must sign confidentiality and nondisclosure agreements, and, in some
cases, are required to undergo additional security clearance
procedures. Letters or other system records in paper format are
maintained in lockable rooms and cabinets. Access to the electronic
database requires users to have the correct ``user ID'' and password
combination, individual security token code, and internet protocol
(``IP'') address for the user's law enforcement agency. The system
database is maintained on secure servers, protected by firewalls,
access and usage logs, and other security controls. Servers are
maintained in a secure physical environment, including building locks,
security guards, and cameras.
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). Individuals who call the FTC's Consumer Response
Center can also use their FTC reference number to identify complaints
they have previously submitted in order to update them.
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). Individuals who call the FTC's Consumer Response
Center can also use their FTC reference number to identify complaints
they have previously submitted in order to update them.
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). Individuals who call the FTC's Consumer Response
Center can also use their FTC reference number to identify complaints
they have previously submitted in order to update them.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
Pursuant to 5 U.S.C. 552a(k)(2), records in this system relating to
identity theft are exempt from the requirements of subsections (c)(3),
(d), (e)(1), (e)(4) (G), (H), (I), and (f) of 5 U.S.C. 552a, and the
corresponding provisions of 16 CFR 4.13. See FTC Rules of Practice
4.13(m), 16 CFR 4.13(m).
HISTORY:
73 FR 33591-33634 (June 12, 2008).
* * * * *
SYSTEM NAME AND NUMBER:
National Do Not Call Registry System-FTC (FTC-IV-3).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington,
DC 20580. System database is maintained and operated off-site by a
contractor. 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 87 FR 57698
(Sept. 21, 2022).
SYSTEM MANAGER(S):
National Do Not Call Registry Program Manager, Division of Consumer
Response and Operations, Bureau of Consumer Protection, Federal Trade
Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580, email:
[email protected].
See Treasury/FMS.017 for the system manager and address of the
www.pay.gov system.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Trade Commission Act, 15 U.S.C. 41 et seq., Telemarketing
and Consumer Fraud and Abuse Prevention Act, 15 U.S.C. 6101-6108; Do-
Not-Call Implementation Act, Public Law No. 108-10 (2003); Do-Not-Call
Improvement Act of 2007, Public Law 110-187 (2008); Do-Not-Call
Registry Fee Extension Act of 2007, Public Law 110-188 (2008).
PURPOSE(S) OF THE SYSTEM:
To maintain records of the telephone numbers of individuals who do
not wish to receive telemarketing calls; to disclose such records to
telemarketers, sellers, and their agents in order for them to reconcile
their do-not-call lists with the Registry and comply with the do-not-
call provisions of the Commission's Telemarketing Sales Rule, 16 CFR
part 310; to enable the Commission and other law enforcement officials
to determine whether a company is complying with the Rule; to provide
statistical data that may lead to or be incorporated into law
enforcement investigations and litigation; or for other law
enforcement, regulatory or informational purposes. Information
submitted by or compiled on telemarketers, sellers, and their agents is
used for purposes of fee collection, authorizing their access to the
system, and related purposes and uses as described in this notice.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who notify the Commission that they do not wish to
receive telemarketing calls. Individually identifiable information
(e.g., name, email address) that telemarketers, sellers, or their
agents must submit when paying for and obtaining access to the system
is covered by this system only to the extent, if any, that such
information is ``about [the] individual'' within the meaning of the
Privacy Act, and is not about the telemarketer, seller, or agent acting
in a non-individual business capacity.
CATEGORIES OF RECORDS IN THE SYSTEM:
Telephone numbers of individuals who do not wish to receive
telemarketing calls; information automatically generated by the system,
including date and/or time that the telephone number was placed on or
[[Page 79608]]
removed from the Registry; and other information that the individual
may be asked to provide voluntarily (such as email address, if the
individual registers through the National Do Not Call Registry
website). Telemarketers, sellers, and their agents are also required to
submit information to pay for and obtain authorized access to the
system, including the names of, or other identifiers that may be
associated with, individuals (e.g., name of contact person, name of the
person to whom the credit card is issued, email address, etc.). Such
information is part of this FTC system of records only to the extent,
if any, that such information is maintained in the FTC's records and is
``about [the] individual'' within the meaning of the Privacy Act, and
not about a telemarketer, seller, or agent acting in a non-individual
business capacity.
Otherwise, user fee payment data from telemarketers, sellers, and
their agents required to participate in the National Do Not Call
Registry are principally collected and maintained on behalf of the
Government by the www.pay.gov website operated by the Department of
Treasury Financial Management Service (FMS). Those data are covered by
the applicable system notice published by Treasury/FMS, Treasury/
FMS.017 (Collections Records), and any successor system notice that may
be published for that system.
RECORD SOURCE CATEGORIES:
Individuals who inform the Commission through the procedures
established by the Commission that they do not wish to receive
telemarketing calls. Some records may come from do-not-call lists that
some states or organizations separately maintain. Record sources for
this system may also include telemarketers, sellers, and agents, but
only to the extent, if any, that they are ``individuals'' within the
meaning of the Privacy Act.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
(1) Telephone numbers, but not any email addresses, submitted by
individuals may be made available or referred on an automatic or other
basis to telemarketers, sellers, and their agents for the purpose of
determining or verifying that an individual does not wish to receive
telemarketing calls;
(2) Information submitted by or compiled on telemarketers, sellers,
and their agents may be used and disclosed to other Federal, state, or
local government authorities for payment or billing purposes, including
referral to debt collection agencies or other governmental entities for
collection, tax reporting, or other related purposes. Information that
is submitted by or compiled on telemarketers, sellers, and their agents
and that is incorporated into the www.pay.gov system shall also be
subject to routine uses, if any, that may be separately published for
that system, Treasury/FMS.017 (Collections Records), or any successor
system notice for that system.
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 83 FR
55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records in the system are collected and maintained by an off-site
FTC contractor in an electronic database with Web-based access subject
to strict security controls (see ``Safeguards'' below).
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by area code and phone number of individuals who have
informed the Commission that they do not wish to receive telemarketing
calls. May also be retrieved by other data, if any, compiled or
otherwise maintained with the record. For information submitted by or
compiled on telemarketers, sellers, or their agents, records may be
indexed and retrieved by any category of data that is submitted by or
compiled on such telemarketers, sellers, or agents.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with Schedule
DAA-0122-2021-0002, which was approved by the National Archives and
Records Administration. Consumer complaint entries are generally
destroyed when they are 5 years old except when they are subject to
litigation holds to preserve complaints. The consumer registration
function allows consumers to register their telephone numbers in the
DNC system and to verify whether their phone numbers are on the
registry. These registration entries are deleted 20 years after request
of the individual to whom the telephone number is assigned, or the
phone number is disconnected and reassigned. Telemarketer registrations
are deleted 20 years after the telemarketer account no longer has any
active subscriptions. The retention and destruction of payment data
collected from telemarketers, sellers, and their agents by Treasury's
FMS is described in the system notice for the www.pay.gov system,
Treasury/FMS.017.
The Spam Database, which was retired in 2019, provided the public
with an email address to which they could forward email and text
messages that they believed to be spam. This database will be deleted
on October 1, 2032.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is generally restricted to those agency personnel,
contractors and other law enforcement users subject to confidentiality
agreements whose responsibilities require access, or to approved
telemarketers, sellers, and their agents. Electronic access is subject
to login ID, password, and other electronic access and security
controls (e.g., firewalls). Contractors are required to sign
confidentiality and nondisclosure agreements.
RECORD ACCESS PROCEDURES:
To request access to any information maintained with your
registration that is not available to you through the automated dial-in
system or the designated website described in the notification
procedures above, you must submit your request in writing. See Appendix
II (How To Make A Privacy Act Request) for details. The same access
procedure applies to the extent, if any, that the Privacy Act applies
to information submitted by or compiled on telemarketers, sellers, or
their agents, where that information is not made available for review
or amendments when the telemarketer, seller, or agent accesses the
system.
CONTESTING RECORD PROCEDURES:
Where an individual believes the system has erroneously recorded or
omitted information that is collected and maintained by the system, the
individual will be afforded the opportunity to register, change, or
delete that information after the automated system identifies and
verifies the telephone number from which the individual is calling, if
the individual is using the designated website, or the individual
provides other identifying information, if requested by the automated
system. To contest the accuracy of any other information that is not
accessible to the individual through the automated dial-in system or
website as described in the
[[Page 79609]]
``Notification procedures'' section above, the request must be
submitted to the FTC in writing. See Appendix II (How To Make A Privacy
Act Request) for details. The same written request requirement applies
to telemarketers, sellers, or their agents (to the extent, if any, that
they are ``individuals'' within the meaning of the Privacy Act) when
seeking to contest the accuracy of system information maintained on
them, except for system information, if any, that can be contested or
corrected through the automated system.
NOTIFICATION PROCEDURES:
To obtain notification of whether the system contains a record
pertaining to that individual (i.e., the individual's telephone
number), individuals use a dial-in system or a designated website that
will enable the identification and verification of their telephone
numbers. Individuals filing written requests pursuant to 16 CFR 4.13
will be acknowledged and directed to use those automated systems. To
the extent, if any, that the Privacy Act applies to information
submitted by or compiled on telemarketers, sellers, or their agents,
the system provides notice (i.e., confirms) that the system is
maintaining such information when an individual accesses the system
using the account number that was previously assigned to the
telemarketer, seller, or agent at the time that entity originally
entered information into the system to establish the relevant account.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
74 FR 17863-17866 (April 17, 2009).
73 FR 33591-33634 (June 12, 2008).
* * * * *
VII. Miscellaneous Systems of Records
* * * * *
SYSTEM NAME AND NUMBER:
Automated Library Management System-FTC (FTC-VII-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 87 FR 57698 (Sept. 21,
2022).
SYSTEM MANAGER(S):
Head Librarian, Library, 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.
PURPOSE(S) OF THE SYSTEM:
To manage the FTC Library's acquisition and collection of books,
periodicals and other publications; to fulfill requests for the routing
of serials among FTC employees; to electronically index or search for
holdings in the FTC Library's collection.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
FTC personnel who request that copies of FTC Library periodicals or
other publications in the Library's collection be routinely circulated
(routed) to them within the FTC; authors of books, periodicals, or
other publications indexed in the Library's collection; and other
individuals that request FTC Library materials through inter-library
loans.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name and office location of the FTC individual making a routing
request, employee identification number, and the name and number of the
periodical; names of authors or other individuals indexed or associated
with books or other publications maintained in the FTC Library's
collection or requested through inter-library loans.
RECORD SOURCE CATEGORIES:
Individual about whom the record is maintained; author or other
publication data associated with the book, periodical or other
publication; system users.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
For 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 83 FR
55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Electronic database using a commercially available software
application.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by periodical number, employee identification number,
author, or other information in the system.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with applicable
schedules and procedures issued or approved by the National Archives
and Records Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access restricted to staff or contractor personnel whose
responsibilities require access. Access to electronic records is
controlled by ``user ID'' and password combination and/or other
appropriate electronic access or network controls (e.g., firewalls).
(This limitation does not apply to searchable online catalog made
available in the FTC Library.) 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:
None.
HISTORY:
73 FR 33591-33634 (June 12, 2008).
* * * * *
SYSTEM NAME AND NUMBER:
Matter Record Search System (MaRS)-FTC (FTC-VII-6).
[[Page 79610]]
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 87 FR 57698
(Sept. 21, 2022).
SYSTEM MANAGER(S):
Office of the Secretary, Records Management Division, 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.
PURPOSE(S) OF THE SYSTEM:
To provide staff with the ability to search for and access copies
of agency documents needed for legal and economic research activities
of the Commission (e.g., internal memoranda, economic reports, other
agency work product); to provide FTC staff processing Freedom of
Information Act or other disclosure requests with the ability to search
for and access copies of potentially responsive documents outlining the
actions and considerations of the Commission, individual Commissioners,
and the staff; to provide the ability, once the automated system is
fully implemented, to electronically manage the writing, editing,
storage, retrieval and disposal of such documents (e.g., memoranda,
correspondence), and to provide for additional document management
functions, if any.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who have written documents contained in Commission
files, and other individuals whose names or other personally
identifying data are used to search and retrieve documents from the
system.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name of author and documents written by that individual; names or
other data about other individuals by which documents in the system are
searched and retrieved; finding aids or document indexes. Records in
this system may duplicate records included in other FTC systems of
records. See, e.g., FTC-I-1 (Nonpublic Investigational and Other
Nonpublic Legal Program
Records-FTC), FTC-I-6 (Public Records-FTC).
RECORD SOURCE CATEGORIES:
FTC employees and others who submit documents to the Commission.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
Records in this system may be disclosed to contractors in
connection with document processing, storage, disposal and similar
records management and retrieval activities.
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 83 FR
55541, 55542-55543 (Nov. 6, 2018).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Older records are stored on electronic and non-electronic formats.
The system also comprises one or more structured databases using
commercial software applications to search, retrieve, and manage
records stored electronically.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Indexed by author of the document, or other data fields or codes.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and destroyed in accordance with schedules and
procedures issued or approved by the National Archives and Records
Administration.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Access is restricted to agency personnel and contractors whose
responsibilities require access. Paper or other non-digital records are
stored in secure offsite storage or lockable file cabinets or offices.
Access to electronic records is controlled by ``user ID'' and password
combination, and/or role-based access controls, and/or other
appropriate 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 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 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 or, where applicable, made
available online. See FTC-I-6 (Public Records-FTC). 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 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:
87 FR 964-974 (January 7, 2022)
73 FR 33591-33634 (June 12, 2008).
* * * * *
Joel Christie,
Acting Secretary.
[FR Doc. 2024-22391 Filed 9-27-24; 8:45 am]
BILLING CODE 6750-01-P