Notice2021-16511
Privacy Act of 1974; System of Records
Primary source
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Published
August 3, 2021
Effective
August 3, 2021
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC or Commission or Agency) has modified an existing system of records, FCC/PSHSB-1, FCC Emergency and Continuity Alerts and Contacts System (ECACS), 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 FCC's Public Safety and Homeland Security Bureau (PSHSB) uses the information in ECACS to prepare for and coordinate crisis response activities wherever they occur in the United States and its territories. The FCC is modifying FCC/PSHSB-1 to add information it will use to alert the designated emergency contacts of Commission staff of an emergency involving the FCC or a staff member.
Full Text
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<title>Federal Register, Volume 86 Issue 146 (Tuesday, August 3, 2021)</title>
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[Federal Register Volume 86, Number 146 (Tuesday, August 3, 2021)]
[Notices]
[Pages 41845-41847]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-16511]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 40816]
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/PSHSB-1, FCC
Emergency and Continuity Alerts and Contacts System (ECACS), 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 FCC's Public Safety and Homeland Security Bureau (PSHSB)
uses the information in ECACS to prepare for and coordinate crisis
response activities wherever they occur in the United States and its
territories. The FCC is modifying FCC/PSHSB-1 to add information it
will use to alert the designated emergency contacts of Commission staff
of an emergency involving the FCC or a staff member.
DATES: This action will become effective on August 3, 2021. Written
comments on the system's routine uses are due by September 2, 2021. The
routine uses in this action will become effective on September 2, 2021
unless written comments are received that require a contrary
determination.
ADDRESSES: Send comments to Margaret Drake, at <a href="/cdn-cgi/l/email-protection#e797958e9186849ea7818484c9808891"><span class="__cf_email__" data-cfemail="2757554e5146445e6741444409404851">[email protected]</span></a>, or at
Federal Communications Commission (FCC), 45 L Street, NE, Washington,
DC 20554 at (202) 418-1707.
FOR FURTHER INFORMATION CONTACT: Margaret Drake, (202) 418-1707, or
<a href="/cdn-cgi/l/email-protection#ee9e9c87988f8d97ae888d8dc0898198"><span class="__cf_email__" data-cfemail="d1a1a3b8a7b0b2a891b7b2b2ffb6bea7">[email protected]</span></a> (and to obtain a copy of the Narrative Statement and
the Supplementary Document, which includes details of the modifications
to this system of records).
SUPPLEMENTARY INFORMATION: The FCC's Public Safety and Homeland
Security Bureau (PSHSB) uses the information in ECACS to prepare for
and coordinate crisis response activities wherever they occur in the
United States and its territories. This notice serves to update and
modify FCC/PSHSB-1 to add the personally identifiable information (PII)
of Commission staff in the form of contact information and emergency
contacts. The substantive changes and modifications to the previously
published version of the FCC/PSHSB-1 system of records include:
1. Updating the Security Classification to follow OMB and FCC
guidance.
2. Updating the Purposes for clarity and to include contacting the
emergency contacts designated by FCC staff in case of an emergency
involving a staff member.
3. Updating the Categories of Individuals to include emergency
contacts designated by FCC staff.
4. Updating the Categories of Records to remove information that is
no longer collected by this system and to include contact information
for FCC employees' emergency contacts.
5. Updating the System Location to show the FCC's new headquarters
address.
6. Adding two new Routine Uses: (1) FCC Program Management, to
allow designated FCC staff to access the information in connection with
the management and operation of a safe workplace, and (9) Non-Federal
Personnel, to allow contractors performing or working on a contract for
the Federal Government access to information in this system.
[[Page 41846]]
7. Revising three Routine Uses: (3) Law Enforcement and
Investigation to include components of agencies; (5) Government-Wide
Program Management and Oversight to remove references to federal
agencies for which the Privacy Act already includes exceptions, see 5
U.S.C. 552a(6) and (10); and (10) Test Partners to include other
federal agencies that will collaborate with the FCC on Wireless
Emergency Alerts.
8. Removing one Routine Use: Contracted Third Parties and replacing
it with a new Routine Use (9) Non-Federal Personnel.
The system of records is also updated to reflect various
administrative changes related to the system address; administrative,
technical, and physical safeguards; and updated notification, records
access, and procedures to contest records.
SYSTEM NAME AND NUMBER:
FCC/PSHSB-1, FCC Emergency and Continuity Alerts and Contacts
System (ECACS).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Public Safety and Homeland Security Bureau (PSHSB), Federal
Communications Commission (FCC), 45 L Street, NE, Washington, DC,
20554.
SYSTEM MANAGER(S):
Public Safety and Homeland Security Bureau (PSHSB), Federal
Communications Commission (FCC).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Executive Order 12472, Assignment of National Security and
Emergency Preparedness Telecommunications Functions, April 3, 1984, as
amended February 28, 2003 and June 26, 2006; Presidential Decision
Directive 67, Enduring Constitutional Government and Continuity of
Government Operations, October 21, 1998; Homeland Security Act of 2002,
6 U.S.C. 101 et seq., November 25, 2002; National Security Presidential
Directive 51/Homeland Security Presidential Directive 20, National
Continuity Policy, May 9, 2007; National Communications System
Directive 3-10, Minimum Requirements for Continuity Communications
Capabilities, July 25, 2007; National Continuity Policy Implementation
Plan, Homeland Security Council, August 2007; Federal Continuity
Directive 1, Federal Executive Branch National Continuity Program and
Requirements, February 2008; Federal Continuity Directive 2, Federal
Executive Branch Mission Essential Function and Primary Mission
Essential Function Identification and Submission Process, February
2008.
PURPOSE(S) OF THE SYSTEM:
The FCC uses the records in this system to:
1. Respond to and coordinate activities such as emergencies and
crisis management actions, responses, and related functions, including
contacting FCC staff and their designated emergency contacts and using
an automated telephone, text, and email system;
2. Manage and maintain the contact and response system for FCC
staff for coordinating Continuity of Operations Plan (COOP) actions and
related functions;
3. Conduct voluntary surveys evaluating the effectiveness of
Wireless Emergency Alerts (WEA) and other related emergency
notification systems, functions, and activities.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The categories of individuals in this system include:
1. FCC staff and their designated emergency contacts.
2. Federal Government contacts; State, Tribal, Territorial, Local
Government and private sector contacts; and individuals representing
institutions, organizations, and other groups engaged in crisis
management and emergency preparedness functions, activities, and
actions.
3. FCC staff who are members of the Bureau and Office (B/O)
Emergency Response Group (ERG), Devolution Emergency Response Group
(DERG), and FCC and B/O lines of succession.
4. Individuals who volunteer to participate in PSHSB surveys for
WEA.
CATEGORIES OF RECORDS IN THE SYSTEM:
The records in this system include personal and business contact
information, such as phone number, fax number, email address, physical
address. Records also include survey information, such as the
individual respondents' identification numbers, email addresses, street
addresses (street, city, state, and zip code) at the location that the
individual responds to the survey, and other information that PSHSB
will collect, such as the type of device, operating system, and
wireless service provider.
RECORD SOURCE CATEGORIES:
FCC employees and contractors, Federal Government, State, Tribal,
Territorial, Local Government, and private sector contacts representing
institutions and organizations with crisis management and emergency
preparedness functions, as well as survey respondents' inputs
transmitted through their wireless devices, or through other means of
communication.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under section
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.
1. FCC Program Management--A record from this system may be
accessed and used by the FCC's Office of Managing Director or
supervisory staff in their duties associated with the management and
operation of a safe workplace. This information may be used to notify
staff and their designated emergency contacts of an emergency situation
involving the FCC or a staff member.
2. Adjudication and Litigation--To disclose information to the
Department of Justice (DOJ), or to a court or adjudicative body before
which the FCC is authorized to appear, 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 where the DOJ or the FCC have agreed to represent
the employee; or (d) the United States is a party to litigation or have
an interest in such litigation, and the use of such records by the DOJ
or the FCC is deemed by the FCC to be relevant and necessary to the
litigation.
3. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, and/or local agency, or
component of an agency, such as the FCC's Enforcement Bureau,
responsible for investigating, prosecuting, enforcing, or implementing
a statute, rule, regulation, or order, where the FCC becomes aware of
an indication of a violation or potential violation of civil or
criminal law or regulation.
4. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from that Congressional office made at the written request of
that individual.
5. Government-Wide Program Management and Oversight--To disclose
information to the Department of Justice (DOJ) to obtain that
department's advice regarding
[[Page 41847]]
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. Labor Relations--To officials of labor organizations recognized
under 5 U.S.C. 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.
7. Breach Notification--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 systems, programs, and operations), the Federal Government,
or national security; and (c) the disclosure made to such agencies,
entities, and persons is reasonably necessary to assist in connection
with Commission efforts to respond to the suspected or confirmed breach
or to prevent, minimize, or remedy such harm.
8. Assistance to Federal Agencies and Entities--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.
9. Non-Federal Personnel--To disclose information to non-federal
personnel, including contractors, who have been engaged to assist the
FCC in the performance of a contract 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.
10. Test Partners--To PSHSB's test partner entities, including
other federal agencies, who help plan, conduct, and analyze the results
of tests used to evaluate the effectiveness of WEA.
REPORTING TO A CONSUMER REPORTING AGENCY:
In addition to the routine uses listed above, the Commission may
share information from this system of records with a consumer reporting
agency regarding an individual who has not paid a valid and overdue
debt owed to the Commission, following the procedures set out in the
Debt Collection Act, 31 U.S.C. 3711(e).
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Information in ECACS consists of electronic data, files, and
records, which are housed in the FCC's computer network databases, and
paper documents, files, and records, which are stored in file cabinets
in the PSHSB office suite.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Information in the Emergency Contacts and the COOP Contacts
databases is retrieved by searching any field in the respective
database(s).
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The FCC maintains and disposes of these records in accordance with
the requirements of the General Records Schedules (GRS) issued by the
National Archives and Records Administration (NARA) as follows:
GRS 5.3, Disposition Authorities:
Item 010: DAA-GRS-2016-0004-0001: Continuity planning and related
emergency planning files; and
Item 020: DAA-GRS-2016-0004-0002: Employee emergency contact
information.
GRS 4.1, Disposition Authority: Item 030: DAA-GRS-2013-0002-0008:
Vital or essential records program records.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
1. The electronic records, data, and files are stored within FCC
accreditation boundaries and maintained in a database housed in the FCC
computer network databases. Access to the electronic files is
restricted to authorized Commission employees and contractors; and to
IT staff, contractors, and vendors who maintain the IT networks and
services. Other FCC employees and contractors may be granted access on
a need-to-know basis. The FCC's electronic files and records 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 National Institute of Standards and Technology (NIST),
the Office of Management and Budget (OMB), and the Federal Information
Security Modernization Act of 2014 (FISMA).
2. There are a limited number of paper documents, files, and
records, which are stored in file cabinets in the FCC Operations Center
and continuity sites. These cabinets are locked when not in use and/or
at the end of the business day. All access points for these locations
are monitored.
3. PSHSB's Test Partners and contractors will not have direct
access to the FCC's computer network or information systems; however,
PSHSB will provide the Test Partners data necessary to evaluate the
effectiveness of WEA. The Test Partners will be required to implement
privacy safeguards against the disclosure of electronic data and paper
document files provided by the FCC.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about them should follow the Notification Procedure below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request an amendment of records about them
should follow the Notification Procedure below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="2474564d5245475d644247470a434b52">[email protected]</a>. 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:
The FCC last gave full notice of this system of records, FCC/PSHSB-
1, by publication in the Federal Register on April 24, 2020 (85 FR
23024).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2021-16511 Filed 8-2-21; 8:45 am]
BILLING CODE 6712-01-P
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</html>Indexed from Federal Register on August 3, 2021.
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