Privacy Act of 1974; System of Records, 88766-88768 [2024-25919]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 217 (Friday, November 8, 2024)]
[Notices]
[Pages 88766-88768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-25919]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 260100]


Privacy Act of 1974; System of Records

AGENCY: Federal Communications Commission.

ACTION: Notice of a modified system of records.

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SUMMARY: The Federal Communications Commission (FCC or Commission or 
Agency) has modified an existing system of records, FCC/OGC-3, 
Adjudication of Internal Complaints Against Employees, subject to the 
Privacy Act of 1974, as amended. This action is necessary to meet the 
requirements of the Privacy Act to publish in the Federal Register 
notice of the existence and character of records maintained by the 
Agency. The Office of General Counsel (OGC) uses the personally 
identifiable information (PII) in this system for purposes that include 
settlement negotiations with opposing parties and litigation before an 
administrative body or a court of appropriate jurisdiction.

DATES: This modified system of records will become effective on 
November 8, 2024. Written comments on the routine uses are due by 
December 9, 2024. The routine uses in this action will become effective 
on December 9, 2024 unless comments are received that require a 
contrary determination.

ADDRESSES: Send comments to Brendan McTaggart, Federal Communications 
Commission, 45 L Street NE, Washington, DC 20554, or [email protected].

FOR FURTHER INFORMATION CONTACT: Brendan McTaggart, (202) 418-1738, or 
[email protected].

SUPPLEMENTARY INFORMATION: This notice serves to update and modify FCC/
OGC-3 as a result of various necessary changes and updates. The 
substantive changes and modifications to the previously published 
version of the FCC/OGC-3 system of records include:
    1. Adding one new routine use: (10) Assistance to Federal Agencies 
and Entities Related to Breaches, the addition of which is required by 
OMB M-17-12.
    2. Updating and/or revising language in three routine uses (listed 
by the routine use number provided in this notice): (1) Litigation and 
(2) Adjudication, which were formerly a single routine use; (3) Law 
Enforcement and Investigation; (4) Congressional Inquiries; (5) 
Government-wide Program Management and Oversight; (9) Breach 
Notification, the modification of which is required by OMB M-17-12; and 
(11) Nonfederal Personnel.
    The system of records is also updated to reflect various 
administrative changes related to the system managers and system 
addresses; policy and practices for storage, retention, disposal and 
retrieval of the information; administrative, technical, and physical 
safeguards; and updated notification, records access, and contesting 
records procedures.

SYSTEM NAME AND NUMBER:
    FCC/OGC-3, Adjudication of Internal Complaints Against Employees.

SECURITY CLASSIFICATION:
    Unclassified.

SYSTEM LOCATION:
    OGC, FCC, 45 L Street NE, Washington, DC 20554.

SYSTEM MANAGER(S):
    OGC, FCC, 45 L Street NE, Washington, DC 20554.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    5 U.S.C. 301; 47 U.S.C. 154.

PURPOSE(S) OF THE SYSTEM:
    Commission attorneys in OGC use these records for purposes 
including settlement negotiations with opposing parties and litigation 
before an administrative body or a court of appropriate jurisdiction.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any FCC employee, former FCC employee, or applicant for employment 
with the FCC who files or is the subject of a complaint or 
investigation involving internal personnel actions or activities, which 
include discrimination, harassment, reprisal, grievance, political 
activity, separation, or adverse action.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information in this system of records may include correspondence, 
memoranda, transcripts of hearings, briefs, pleadings, investigative 
reports, orders, and decisions, in addition to identifying information 
such as names and contact information of FCC staff.

RECORD SOURCE CATEGORIES:
    The sources for the information in this system of records include:
    (a) Individuals filing complaints, and the individuals who are the 
subjects of such complaints;
    (b) Attorneys or representatives of complainants and the subjects 
of complaints;

[[Page 88767]]

    (c) Communication between FCC organizational units;
    (d) Investigative materials and related documentation and decisions 
involved in final agency decisions, initial administrative law judge 
orders, appeals, amendments, and litigation concerning such complaints 
and/or claims; and
    (e) Administrative agencies investigating complaints and/or claims 
(e.g., the Equal Employment Opportunity Commission, Merit System 
Protection Board, etc.).

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, all or a portion of the records or 
information contained in this system may be disclosed to authorized 
entities, as is determined to be relevant and necessary, outside the 
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows. In 
each of these cases, the FCC will determine whether disclosure of the 
records is compatible with the purpose(s) for which the records were 
collected:
    1. Litigation--Records may be disclosed to the Department of 
Justice (DOJ) when: (a) the FCC or any component thereof; (b) any 
employee of the FCC in his or her official capacity; (c) any employee 
of the FCC in his or her individual capacity where the DOJ or the FCC 
has agreed to represent the employee; or (d) the United States 
Government is a party to litigation or has an interest in such 
litigation, and by careful review, the FCC determines that the records 
are both relevant and necessary to the litigation, and the use of such 
records by the DOJ is for a purpose that is compatible with the purpose 
for which the FCC collected the records.
    2. Adjudication--Records may be disclosed in a proceeding before a 
court or adjudicative body, when: (a) the FCC or any component thereof; 
or (b) any employee of the FCC in his or her official capacity; or (c) 
any employee of the FCC in his or her individual capacity; or (d) the 
United States Government, is a party to litigation or has an interest 
in such litigation, and by careful review, the FCC determines that the 
records are both relevant and necessary to the litigation, and that the 
use of such records is for a purpose that is compatible with the 
purpose for which the agency collected the records.
    3. Law Enforcement and Investigation--When the FCC investigates any 
violation or potential violation of a civil or criminal law, 
regulation, policy, executed consent decree, order, or any other type 
of compulsory obligation and determines that a record in this system, 
either alone or in conjunction with other information, indicates a 
violation or potential violation of law, regulation, policy, consent 
decree, order, or other compulsory obligation, the FCC may disclose 
pertinent information as it deems necessary to the target of an 
investigation, as well as with the appropriate Federal, State, local, 
Tribal, international, or multinational agencies, or a component of 
such an agency, responsible for investigating, prosecuting, enforcing, 
or implementing a statute, rule, regulation, or order.
    4. Congressional Inquiries--Information may be provided to a 
Congressional office in response to an inquiry from that Congressional 
office made at the written request of the individual to whom the 
information pertains.
    5. Government-wide Program Management and Oversight--Information 
may be disclosed to the DOJ to obtain that department's advice 
regarding disclosure obligations under the Freedom of Information Act 
(FOIA); or to the Office of Management and Budget (OMB) to obtain that 
office's advice regarding obligations under the Privacy Act.
    6. Certain Disclosures to Other Federal Agencies--Information may 
be disclosed to a Federal agency, in response to its request in 
connection with the hiring or retention of an employee, the issuance of 
a security clearance, the conducting of a suitability or security 
investigation of an individual, the classifying of jobs, the letting of 
a contract, or the issuance of a license, grant, or other benefit by 
the requesting agency, to the extent that the information is relevant 
and necessary to the requesting agency's decision on the matter.
    7. Employment, Clearances, Licensing, Contract, Grant, or other 
Benefits Decisions by the Agency--Information may be disclosed to a 
Federal, State, local, foreign, Tribal, or other public agency or 
authority maintaining civil, criminal, or other relevant enforcement 
records, or other pertinent records, or to another public authority or 
professional organization, if necessary to obtain information relevant 
to an investigation concerning the hiring or retention of an employee 
or other personnel action, the issuance or retention of a security 
clearance, the classifying of jobs, the letting of a contract, or the 
issuance or retention of a license, grant, or other benefit by the 
Commission, to the extent that the information is relevant and 
necessary to the requesting agency's decisions on the matter.
    8. Labor Relations--Information may be disclosed to officials of 
labor organizations recognized under 5 U.S.C. chapter 71 upon receipt 
of a formal request and in accord with the conditions of 5 U.S.C. 7114 
when relevant and necessary to their duties of exclusive representation 
concerning personnel policies, practices, and matters affecting working 
conditions.
    9. Breach Notification--Records may be disclosed to appropriate 
agencies, entities, and persons when: (a) the Commission suspects or 
has confirmed that there has been a breach of the system of records; 
(b) the Commission has determined that as a result of the suspected or 
confirmed breach there is a risk of harm to individuals, the Commission 
(including its information system, programs, and operations), the 
Federal Government, or national security; and; and (c) the disclosure 
made to such agencies, entities, and persons is reasonably necessary to 
assist in connection with the Commission's efforts to respond to the 
suspected or confirmed breach or to prevent, minimize, or remedy such 
harm.
    10. Assistance to Federal Agencies and Entities Related to 
Breaches--Records may be disclosed to another Federal agency or Federal 
entity, when the Commission determines that information from this 
system is reasonably necessary to assist the recipient agency or entity 
in: (a) Responding to a suspected or confirmed breach or (b) 
preventing, minimizing, or remedying the risk of harm to individuals, 
the recipient agency or entity (including its information systems, 
program, and operations), the Federal Government, or national security, 
resulting from a suspected or confirmed breach.
    11. Non-Federal Personnel--Records may be disclosed to non-Federal 
personnel, including contractors, other vendors (e.g., identity 
verification services), grantees, and volunteers who have been engaged 
to assist the FCC in the performance of a service, grant, cooperative 
agreement, or other activity related to this system of records and who 
need to have access to the records in order to perform their activity.

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Information in this system includes both paper and electronic 
records. The paper records, documents, and files are maintained in file 
cabinets that are located in OGC and in the FCC Bureaus

[[Page 88768]]

and Offices (B/Os) of the FCC staff who provide the responses to 
covered complaints. Electronic records in this system reside on the FCC 
or a vendor's network.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records are retrieved by the name of individuals who are the 
subjects of complaints or investigations and by the names of 
individuals who have filed complaints.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the FCC 
records control schedules NC1-173-84-05, Item 3 and N1-173-91-001, Item 
6, both of which have been approved by the National Archives and 
Records Administration (NARA).

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    The file cabinets containing paper records in this system are 
maintained in file cabinets in ``non-public'' rooms in the OGC and B/O 
suites. The OGC and B/O file cabinets are locked at the end of the 
business day. Access to these office suites is through card-coded main 
doors. Only authorized OGC and B/O supervisors and staff who are 
responsible for responding to these complaints, have access to these 
paper records.
    Electronic records, files, and data are stored within FCC or a 
vendor's accreditation boundaries and maintained in a database housed 
in the FCC's or vendor's computer network databases. Access to the 
electronic files is restricted to authorized employees and contractors; 
and to IT staff, contractors, and vendors who maintain the IT networks 
and services. Other employees and contractors may be granted access on 
a need-to-know basis. The electronic files and records are protected by 
the FCC and third-party privacy safeguards, a comprehensive and dynamic 
set of IT safety and security protocols and features that are designed 
to meet all Federal privacy standards, including those required by the 
Federal Information Security Modernization Act of 2014 (FISMA), the 
Office of Management and Budget (OMB), and the National Institute of 
Standards and Technology (NIST).

RECORD ACCESS PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about themselves should follow the Notification Procedures 
below.

CONTESTING RECORD PROCEDURES:
    Individuals wishing to request access to and/or amendment of 
records about themselves should follow the Notification Procedures 
below.

NOTIFICATION PROCEDURES:
    Individuals wishing to determine whether this system of records 
contains information about themselves may do so by writing to 
[email protected]. Individuals requesting access must also comply with 
the FCC's Privacy Act regulations regarding verification of identity to 
gain access to records as required under 47 CFR part 0, subpart E.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    83 FR 7721 (Feb. 22, 2018).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-25919 Filed 11-7-24; 8:45 am]
BILLING CODE 6712-01-P