Notice2021-24894
Privacy Act of 1974; System of Records
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
November 16, 2021
Effective
November 16, 2021
Issuing agencies
Federal Deposit Insurance Corporation
Abstract
Pursuant to the provisions of the Privacy Act of 1974, as amended, the FDIC is establishing FDIC-036 Ensuring Workplace Health and Safety in Response to a Public Health Emergency. This system of records maintains information collected in response to a public health emergency, such as a pandemic or epidemic, from FDIC personnel (including political appointees, onboarding employees, employees, detailees, contractors, consultants, interns, and volunteers), and visitors to FDIC facilities.
Full Text
<html>
<head>
<title>Federal Register, Volume 86 Issue 218 (Tuesday, November 16, 2021)</title>
</head>
<body><pre>
[Federal Register Volume 86, Number 218 (Tuesday, November 16, 2021)]
[Notices]
[Pages 63384-63386]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24894]
=======================================================================
-----------------------------------------------------------------------
FEDERAL DEPOSIT INSURANCE CORPORATION
Privacy Act of 1974; System of Records
AGENCY: Federal Deposit Insurance Corporation (FDIC).
ACTION: Notice of New System of Records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the FDIC is establishing FDIC-036 Ensuring Workplace Health
and Safety in Response to a Public Health Emergency. This system of
records maintains information collected in response to a public health
emergency, such as a pandemic or epidemic, from FDIC personnel
(including political appointees, onboarding employees, employees,
detailees, contractors, consultants, interns, and volunteers), and
visitors to FDIC facilities.
DATES: This action will become effective on November 16, 2021 The
routine uses in this action will become effective on December 16, 2021
unless the FDIC makes changes based on comments received. Written
comments should be submitted on or before December 16, 2021.
ADDRESSES: Interested parties are invited to submit written comments
identified by Privacy Act Systems of Records by any of the following
methods:
<bullet> Federal eRulemaking Portal: <a href="http://regulations.gov">http://regulations.gov</a>. Follow
the instructions for submitting comments.
<bullet> Agency website: <a href="https://www.fdic.gov/resources/regulations/federal-register-publications/">https://www.fdic.gov/resources/regulations/federal-register-publications/</a>. Follow the instructions for
submitting comments on the FDIC website.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#84c7ebe9e9e1eaf0f7c4e2e0ede7aae3ebf2"><span class="__cf_email__" data-cfemail="f9ba9694949c978d8ab99f9d909ad79e968f">[email protected]</span></a>.
<bullet> Mail: Shannon Dahn, Chief, Privacy Program, Federal
Deposit Insurance Corporation, 550 17th Street NW, Washington, DC
20429.
<bullet> Hand Delivery: Comments may be hand-delivered to the guard
station at the rear of the 17th Street NW building (located on F
Street), on business days between 7:00 a.m. and 5:00 p.m.
FOR FURTHER INFORMATION CONTACT: Shannon Dahn, Chief, Privacy Program,
703-516-5500, <a href="/cdn-cgi/l/email-protection#c8b8baa1bea9abb188aeaca1abe6afa7be"><span class="__cf_email__" data-cfemail="c1b1b3a8b7a0a2b881a7a5a8a2efa6aeb7">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Pursuant to the Privacy Act, 5 U.S.C. 552a,
FDIC is establishing a new system of records, FDIC-036 Ensuring
Workplace Health and Safety in Response to a Public Health Emergency.
FDIC is committed to providing all FDIC personnel with a safe and
healthy work environment. When the Secretary of Health and
[[Page 63385]]
Human Services declares a public health emergency under Section 319 of
the Public Health Act, FDIC may develop and institute additional safety
measures to protect the workforce and those individuals entering FDIC
facilities. These measures may include instituting activities such as
requiring FDIC personnel and visitors to provide information before
being allowed access to a FDIC facility, medical screening, and contact
tracing. FDIC personnel may also need to provide information before
being authorized to travel.FDIC will collect and maintain information
in accordance with the Americans with Disabilities Act of 1990 and
regulations and guidance published by the U.S. Occupational Safety and
Health Administration, the U.S. Equal Employment Opportunity
Commission, and the U.S. Centers for Disease Control and Prevention.
SYSTEM NAME AND NUMBER:
Ensuring Workplace Health and Safety in Response to a Public Health
Emergency, FDIC-036.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at FDIC facilities in Arlington, Virginia
and regional offices. Original and duplicate systems may exist, in
whole or in part, at secure sites and on secure servers maintained by
third-party service providers for the FDIC.
SYSTEM MANAGER(S):
Special Advisor to FDIC's Chief Operating Officer, 3501 Fairfax
Drive, Arlington, VA 22226, <a href="/cdn-cgi/l/email-protection#afc7cacec3dbc7cec1cbdccec9cadbd6efc9cbc6cc81c8c0d9"><span class="__cf_email__" data-cfemail="b2dad7d3dec6dad3dcd6c1d3d4d7c6cbf2d4d6dbd19cd5ddc4">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 9, 11, and 12 of the Federal Deposit Insurance Act (12
U.S.C. 1819, 1821, and 1822); American with Disabilities Act, including
42 U.S.C. 12112(d)(3)(B), 29 CFR 1630.2(r), 1630.14(b), (c), (d)(4);
Title VII of the Civil Rights Act, 42 U.S.C. 2000e; 29 U.S.C. 791;
Workforce safety federal requirements, including the Occupational
Safety and Health Act of 1970, 5 U.S.C. 7902; 29 U.S.C. Chapter 15
(e.g., 29 U.S.C. 668), 29 CFR part 1904, 29 CFR 1910.1020, and 29 CFR
1960.66; Executive Order 13164; Executive Order 12196; Executive Order
on Requiring Coronavirus Disease 2019 Vaccination for Federal Employees
dated September 9, 2021; Executive Order 14042, Ensuring Adequate COVID
Safety Protocols for Federal Contractors.
PURPOSE(S) OF THE SYSTEM:
The information in the system is collected to assist the FDIC with
maintaining a safe and healthy workplace and respond to a public health
emergency (as defined by the U.S. Department of Health and Human
Services and declared by its Secretary), such as a pandemic or
epidemic. These measures may include instituting activities such as
requiring FDIC personnel to provide information before being allowed
access to a FDIC facility, medical screening, contact tracing, to
provide information before being authorized to travel, and to comply
with applicable mandates related to a public health emergency. These
measures may also include requiring visitor information to determine
whether to admit an individual to an FDIC facility and to conduct
contract tracing when necessary for those who have visited.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals covered by this system include FDIC personnel
(including political appointees, onboarding employees, employees,
detailees, contractors, consultants, interns, and volunteers) and
visitors to a FDIC facility during a public health emergency, such as a
pandemic or epidemic. FDIC may also maintain information on FDIC
personnel's emergency contacts.
CATEGORIES OF RECORDS IN THE SYSTEM:
FDIC personnel information may include:
<bullet> Name;
<bullet> Contact information (e.g., email address, phone number);
<bullet> Recent travel history;
<bullet> Whether they provide dependent care for an individual in a
high-risk category;
<bullet> Health information, including:
[cir] Body temperature,
[cir] Confirmation of pathogen or communicable disease test,
[cir] Test results,
[cir] Dates, symptoms, potential or actual exposure to a pathogen
or communicable disease,
[cir] Immunization or vaccination information, and
[cir] Information to support a request for exemption from a
vaccination (e.g., medical diagnosis or religious beliefs);
<bullet> Contact tracing information, including:
[cir] Dates when they visited the FDIC facility,
[cir] Locations that they visited within the facility (e.g., office
and cubicle number),
[cir] Duration of time spent in the facility, and
[cir] Whether they may have potentially come into contact with a
contagious person while visiting the facility.
Information about visitors to FDIC facilities may include:
<bullet> Name;
<bullet> Contact information;
<bullet> Recent travel history;
<bullet> Health information, including:
[cir] Body temperature,
[cir] Confirmation of pathogen or communicable disease test,
[cir] Test results,
[cir] Dates, symptoms, potential or actual exposure to a pathogen
or communicable disease, and
[cir] Attestation of vaccine status;
<bullet> Contact tracing information, including:
[cir] Dates when they visited the FDIC facility,
[cir] Locations that they visited within the facility (e.g., office
and cubicle number),
[cir] Duration of time spent in the facility, and
[cir] Whether they may have potentially come into contact with a
contagious person while visiting the facility.
Information about emergency contacts may include:
<bullet> Name,
<bullet> Phone number, and
<bullet> Email addresses.
RECORD SOURCE CATEGORIES:
The information in this system is collected in part directly from
the individual or from the individual's emergency contact. Information
is also collected from security systems monitoring access to FDIC
facilities, such as video surveillance and turnstiles, human resources
systems, emergency notification systems, and federal, state, and local
agencies assisting with the response to a public health emergency.
Information may also be collected from property management companies
responsible for managing office buildings that house FDIC facilities.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside the FDIC
as a routine use as follows:
(1) To appropriate Federal, State, local and foreign authorities
responsible for investigating or prosecuting a violation of, or for
enforcing or implementing a statute, rule, regulation, or order issued,
when the information indicates a
[[Page 63386]]
violation or potential violation of law, whether civil, criminal, or
regulatory in nature, and whether arising by general statute or
particular program statute, or by regulation, rule, or order issued
pursuant thereto;
(2) To a court, magistrate, or other administrative body in the
course of presenting evidence, including disclosures to counsel or
witnesses in the course of civil discovery, litigation, or settlement
negotiations or in connection with criminal proceedings, when the FDIC
is a party to the proceeding or has a significant interest in the
proceeding, to the extent that the information is determined to be
relevant and necessary;
(3) To a congressional office in response to an inquiry made by the
congressional office at the request of the individual who is the
subject of the record;
(4) To appropriate agencies, entities, and persons when (a) the
FDIC suspects or has confirmed that there has been a breach of the
system of records; (b) the FDIC has determined that as a result of the
suspected or confirmed breach there is a risk of harm to individuals,
the FDIC (including its information systems, programs, and operations),
the Federal Government, or national security; the FDIC and (c) the
disclosure made to such agencies, entities, and persons is reasonably
necessary to assist in connection with the FDIC's efforts to respond to
the suspected or confirmed breach or to prevent, minimize, or remedy
such harm;
(5) To another Federal agency or Federal entity, when the FDIC
determines that information from this system of records 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, programs, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach;
(6) To contractors, grantees, volunteers, and others performing or
working on a contract, service, grant, cooperative agreement, or
project for the FDIC, the Office of Inspector General for the purpose
of assisting FDIC respond to a public health emergency;
(7) To a Federal, State, or local agency to the extent necessary to
comply with laws governing reporting of infectious disease; and
(8) To the FDIC personnel member's emergency contact for purposes
of locating a personnel member during a public health emergency or to
communicate that the FDIC personnel member may have potentially been
exposed to a virus as the result of a pandemic or epidemic while
visiting a FDIC facility.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored in electronic media and in paper format within
individual file folders.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Electronic media and paper format are indexed and retrieved by
employee name, employee identification number, office location, or
office/division name.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
FDIC is in the process of creating a new records schedule for
declared public health emergencies. FDIC maintains emergency contact
information until superseded or obsolete, or upon separation or
transfer of employee.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic records are password-protected and accessible only by
authorized personnel. Paper records are maintained in lockable file
cabinets accessible only to authorized personnel.
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to records about them in this
system of records must submit their request in writing to the FDIC FOIA
& Privacy Act Group, 550 17th Street NW, Washington, DC 20429, or email
<a href="/cdn-cgi/l/email-protection#bcd9dad3d5ddfcdad8d5df92dbd3ca"><span class="__cf_email__" data-cfemail="91f4f7fef8f0d1f7f5f8f2bff6fee7">[email protected]</span></a>. Requests must include full name, address, and
verification of identity in accordance with FDIC regulations at 12 CFR
part 310.
CONTESTING RECORD PROCEDURES:
Individuals wishing to contest or request an amendment to their
records in this system of records must submit their request in writing
to the FDIC FOIA & Privacy Act Group, 550 17th Street NW, Washington,
DC 20429, or email <a href="/cdn-cgi/l/email-protection#ff9a9990969ebf999b969cd1989089"><span class="__cf_email__" data-cfemail="95f0f3fafcf4d5f3f1fcf6bbf2fae3">[email protected]</span></a>. Requests must specify the
information being contested, the reasons for contesting it, and the
proposed amendment to such information in accordance with FDIC
regulations at 12 CFR part 310.
NOTIFICATION PROCEDURES:
Individuals wishing to know whether this system contains
information about them must submit their request in writing to the FDIC
FOIA & Privacy Act Group, 550 17th Street NW, Washington, DC 20429, or
email <a href="/cdn-cgi/l/email-protection#197c7f767078597f7d707a377e766f"><span class="__cf_email__" data-cfemail="b2d7d4dddbd3f2d4d6dbd19cd5ddc4">[email protected]</span></a>. Requests must include full name, address, and
verification of identity in accordance with FDIC regulations at 12 CFR
part 310.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Federal Deposit Insurance Corporation.
Dated at Washington, DC, on November 9, 2021.
James P. Sheesley,
Assistant Executive Secretary.
[FR Doc. 2021-24894 Filed 11-15-21; 8:45 am]
BILLING CODE 6714-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on November 16, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.