Privacy Act of 1974; System of Records, 89639-89641 [2024-26212]

Agencies

• FEDERAL COMMUNICATIONS COMMISSION

[Federal Register Volume 89, Number 219 (Wednesday, November 13, 2024)]
[Notices]
[Pages 89639-89641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-26212]


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FEDERAL COMMUNICATIONS COMMISSION

[FR ID: 260101]


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-5, Pending 
Civil Cases, 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 the General Counsel 
(OGC) uses this system to update or furnish additional data, which may 
include personally identifiable information, for the Department of 
Justice (DOJ), in those instances in which DOJ is handling a pending 
civil case involving or on behalf of the FCC.

DATES: This modified system of records will become effective on 
November 13, 2024. Written comments on the routine uses are due by 
December 13, 2024. The routine uses in this action will become 
effective on December 13, 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-5 as a result of various necessary changes and updates. The 
substantive changes and modifications to the previously published 
version of the FCC/OGC-5 system of records include updating and/or 
revising language in eight 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; (6) Breach Notification, the modification of 
which is required by OMB M-17-12; (7) Assistance to Federal Agencies 
and Entities Related to Breaches, the addition of which is required by 
OMB M-17-12; and (8) 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-5, Pending Civil Cases.

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:
    47 U.S.C. 401 and 402; 31 U.S.C. 3729-3733.

PURPOSE(S) OF THE SYSTEM:
    Commission attorneys use this system to update or furnish 
additional data for DOJ, in those instances in which DOJ is handling a 
pending civil case involving or on behalf of the FCC.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Any individual who has filed a case involving the FCC before any 
District Court, Court of Appeals, or the Supreme Court, as well as any 
other named individuals in the complaint, filing, or appeal.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information in this system of records may include the name and 
contact information of the individual(s) associated with a civil case 
involving the FCC, as well as letters, memoranda, pleadings, briefs, 
and bankruptcy papers related to the case.

RECORD SOURCE CATEGORIES:
    The sources for the information in this system of records include:
    (a) Individuals filing claims in civil cases;
    (b) Individuals who are the subjects of, or are named in civil 
cases involving the FCC;
    (c) Attorneys or representatives of the claimants and the subjects 
of the claims in civil cases;
    (d) Communication between FCC organizational units (Bureaus and 
Offices or B/Os), the DOJ including U.S. Attorneys, other Federal 
agencies, and courts of competent jurisdiction; and
    (e) Parties to the proceedings and the investigative materials and 
related documentation and decisions that involve complaints, appeals, 
amendments, and litigation concerning such claims in civil cases.

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;

[[Page 89640]]

(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. 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.
    7. 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.
    8. 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 B/Os of the FCC staff who 
provide the responses to such claims. 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 the individual filing or 
subject of the claim.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    Records are retained and disposed of in accordance with the FCC 
records control schedule N1-173-91-001, Item 6, approved by the 
National Archives and Records Administration (NARA). The records are 
destroyed 3 years after closure of the matter or when no longer 
required for administrative purposes, whichever is sooner.

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 or B/O 
suites. The OGC and B/O file cabinets are locked at the end of the 
business day. Access to these offices is through key and card-coded 
main doors. Only authorized OGC and B/O supervisors and staff 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.

[[Page 89641]]

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    45 FR 9738 (March 7, 2018).

Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024-26212 Filed 11-12-24; 8:45 am]
BILLING CODE 6712-01-P