Notice2022-09091
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
April 28, 2022
Effective
May 31, 2022
Issuing agencies
Social Security Administration
Abstract
In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to modify an existing system of records entitled, Anti-Fraud System (60-0388), last published on December 11, 2020. This notice publishes details of the modified system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Full Text
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<title>Federal Register, Volume 87 Issue 82 (Thursday, April 28, 2022)</title>
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[Federal Register Volume 87, Number 82 (Thursday, April 28, 2022)]
[Notices]
[Pages 25333-25336]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-09091]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2020-0035]
Privacy Act of 1974; System of Records
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, we are issuing
public notice of our intent to modify an existing system of records
entitled, Anti-Fraud System (60-0388), last published on December 11,
2020. This notice publishes details of the modified system as set forth
below under the caption, SUPPLEMENTARY INFORMATION.
DATES: The system of records notice (SORN) is applicable April 28,
2022, with the exception of the new routine uses, which take effect May
31, 2022. We invite public comment on the routine uses or other aspects
of this SORN. In accordance with the Privacy Act of 1974, we are
providing the public a 30-day period in which to submit comments.
Therefore, please submit any comments by May 31, 2022.
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress may comment on this publication by writing to the Executive
[[Page 25334]]
Director, Office of Privacy and Disclosure, Office of the General
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, or through the Federal e-Rulemaking
Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Please reference docket number
SSA-2020-0035. All comments we receive will be available for public
inspection at the above address and we will post them to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Tristin Dorsey, Government Information
Specialist, Privacy Implementation Division, Office of Privacy and
Disclosure, Office of the General Counsel, SSA, Room G-401 West High
Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401,
telephone: (410) 966-5855, email: <a href="/cdn-cgi/l/email-protection#2450564d57504d4a0a404b5657415d645757450a434b52"><span class="__cf_email__" data-cfemail="512523382225383f7f353e23223428112222307f363e27">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: We are modifying the system manager and
location to clarify the name of the office. We are modifying the Anti-
Fraud System categories of individuals and records to include
information about medical providers and medical examiners. We are also
modifying the record source categories to include an existing system of
records, Electronic Disability Claim File.
In addition, we are adding a new routine use to support one of
SSA's strategic goals of enhancing fraud prevention and detection
activities. This new routine use will permit disclosures to Federal,
State, and local law enforcement agencies to investigate or prosecute
criminal violations of the Social Security Act, or other applicable
statutes to which criminal penalties attach. We are also updating the
policies and practices for the retrieval of records, policies and
practices for the retention and disposal of records, record access
procedures, and notification procedures.
Lastly, we are modifying the notice throughout to correct
miscellaneous stylistic formatting and typographical errors of the
previously published notice, and to ensure the language reads
consistently across multiple systems. We are republishing the entire
notice for ease of reference.
In accordance with 5 U.S.C. 552a(r), we have provided a report to
OMB and Congress on this modified system of records.
Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the
General Counsel.
SYSTEM NAME AND NUMBER:
Anti-Fraud System, 60-0388.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Social Security Administration, Office of Analytics, Review, and
Oversight, Office of Program Integrity, Robert M. Ball Building, 6401
Security Boulevard, Baltimore, MD 21235.
SYSTEM MANAGER(S):
Social Security Administration, Office of Analytics, Review, and
Oversight, Office of Program Integrity, Robert M. Ball Building, 6401
Security Boulevard, Baltimore, MD 21235, (410) 966-5855.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 205(a) and 702(a)(5) of the Social Security Act, as
amended, and the Fraud Reduction and Data Analytics Act of 2015 (Pub.
L. 114-186).
PURPOSE(S) OF THE SYSTEM:
This system assists in detecting, preventing, mitigating, and
tracking the likelihood of fraudulent activity in SSA's programs and
operations. We will use the information in this system to identify
patterns of fraud and to improve data-driven fraud activations and
real-time analysis. We may use the results of these data analysis
activities, including fraud leads and vulnerabilities, in our fraud
investigations and other activities to support program and operational
improvements.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system maintains information about individuals who are
relevant to suspicious or potentially fraudulent activities connected
with Social Security programs and operations, including but not limited
to, the subjects of an investigation; Social Security applicants and
beneficiaries; Supplemental Security income applicants and recipients;
representative payees; appointed representatives; complainants; key
witnesses; and current or former employees, contractors, medical
providers, suppliers, or agents.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system consists of records related to our review of all
suspicious or potentially fraudulent activities in Social Security
programs and operations, and SSA and non-SSA breach information, which
includes data generated internally or received from businesses with
whom SSA has a relationship, or government entities or partners.
This system also consists of records that we obtain from existing
SSA systems of records pertaining to individuals, such as:
<bullet> Enumeration Information: This information may include
name, Social Security number (SSN), date of birth, parent name(s),
address, and place of birth.
<bullet> Earnings Information: This information may include yearly
earnings and quarters of coverage information.
<bullet> Social Security Benefit Information: This information may
include disability status, benefit payment amount, data relating to the
computation, appointed representative, and representative payee.
<bullet> Supplemental Security Income payment information: This
information may include may include disability status, benefit payment
amount, data relating to the computation, appointed representative, and
representative payee.
<bullet> Representative Payee Information: This information may
include names, SSNs, and addresses of representative payees and
relationship with the beneficiary.
<bullet> Persons Conducting Business with Us Through Electronic
Services: This information may include name, address, date of birth,
SSN, knowledge-based authentication data, and blocked accounts.
<bullet> Employee Information: This information may include a
personal identification number (PIN), employee name, job title, SSN
about our employees, contractors, or agents.
<bullet> Medical Provider/Examiner Information: This information
may include name, address, tax identification number or employee
identification number, and an indicator when the medical examiner or
medical provider is listed on the List of Excluded Individuals and
Entities as maintained by the Department of Health and Human Services'
Office of Inspector General.
RECORD SOURCE CATEGORIES:
We obtain information in this system from individuals, i.e.,
members of the public and agency employees; local, State, and Federal
agencies; private entities; and existing SSA systems of records, such
as the Master Files of SSN Holders and SSN Applications (60-0058),
Claims Folders System (60-0089), Master Beneficiary Record (60-0090),
Supplemental Security Income Record and Special Veterans Benefits (60-
0103), Personal Identification Number File (60-0214), Master
Representative Payee File (60-0222), Electronic Disability Claim File
(60-0320), and the Central Repository of Electronic Authentication Data
Master File (60-0373). We may also obtain
[[Page 25335]]
information from other existing SSA system of records. For a full
listing of our system of records that could provide information to the
Anti-Fraud System, see <a href="http://www.ssa.gov/privacy/sorn.html">www.ssa.gov/privacy/sorn.html</a>.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
We will disclose records pursuant to the following routine uses;
however, we will not disclose any information defined as ``return or
return information'' under 26 U.S.C. 6103 of the Internal Revenue Code
(IRC), unless authorized by statute, the Internal Revenue Service
(IRS), or IRS regulations.
1. To any agency, person, or entity in the course of an SSA
investigation, to the extent necessary, to obtain or to verify
information pertinent to an SSA fraud investigation.
2. To a congressional office in response to an inquiry from that
office made on behalf of, and at the request of, the subject of the
record or a third party acting on the subject's behalf.
3. To the Office of the President, in response to an inquiry
received from that office made on behalf of, and at the request of, the
subject of record or a third party acting on the subject's behalf.
4. To the Department of Justice (DOJ), a court or other tribunal,
or another party before such court or tribunal, when:
(a) SSA, or any component thereof; or
(b) any SSA employee in his or her official capacity; or
(c) any SSA employee in his or her individual capacity where DOJ
(or SSA where it is authorized to do so) has agreed to represent the
employee; or
(d) the United States or any agency thereof where we determine the
litigation is likely to affect SSA or any of its components, is a party
to the litigation or has an interest in such litigation, and we
determine that the use of such records by DOJ, a court or other
tribunal, or another party before the tribunal, is relevant and
necessary to the litigation, provided, however, that in each case, we
determine that such disclosure is compatible with the purpose for which
the records were collected.
5. To contractors and other Federal agencies, as necessary, for the
purpose of assisting SSA in the efficient administration of its
programs. We will disclose information under this routine use only in
situations in which we may enter into a contractual or similar
agreement to obtain assistance in accomplishing an SSA function
relating to this system of records.
6. To student volunteers, individuals working under a personal
services contract, and other workers who technically do not have the
status of Federal employees, when they are performing work for us, as
authorized by law, and they need access to PII in our records in order
to perform their assigned agency functions.
7. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
(a) To enable them to protect the safety of SSA employees and
customers, the security of the SSA workplace, and the operation of our
facilities, or
(b) to assist investigations or prosecutions, with respect to
activities that affect such safety and security, or activities that
disrupt the operation of our facilities.
8. To the National Archives and Records Administration (NARA) under
44 U.S.C. 2904 and 2906.
9. To appropriate agencies, entities, and persons when:
(a) SSA suspects or has confirmed that there has been a breach of
the system of records;
(b) SSA has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, SSA (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 SSA's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
10. To another Federal agency or Federal entity, when we determine
that information from this system of records is reasonably necessary to
assist the recipient agency or entity in:
(a) Responding to 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.
11. To the Equal Employment Opportunity Commission, when requested
in connection with investigations into alleged or possible
discriminatory practices in the Federal sector, examination of Federal
affirmative employment programs, compliance by Federal agencies with
the Uniform Guidelines on Employee Selection Procedures, or other
functions vested in the Commission.
12. To the Office of Personnel Management, Merit Systems Protection
Board, or the Office of Special Counsel, in connection with appeals,
special studies of the civil service and other merit systems, review of
rules and regulations, investigations of alleged or possible prohibited
personnel practices, and other such functions promulgated in 5 U.S.C.
Chapter 12, or as may be required by law.
13. To the Federal Labor Relations Authority, the Office of the
Special Counsel, the Federal Mediation and Conciliation Service, the
Federal Service Impasses Panel, or an arbitrator requesting
information, in connection with the investigations of allegations of
unfair practices, matters before an arbitrator, or the Federal Service
Impasses Panel.
14. To Federal, State, and local law enforcement agencies, with
jurisdiction to investigate or prosecute criminal violations of the
Social Security Act, or other applicable statutes to which criminal
penalties attach, when the agency determines that the information is
relevant and necessary to the investigation or prosecution.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
We will maintain records in this system in paper and electronic
form.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
We will retrieve medical provider records in this system by name,
address, and title. We will retrieve remaining records in this system
by name, SSN, and internal transaction identifiers (e.g., transaction
identification for the internet Claim application, transaction
identification for an electronic online Direct Deposit change, etc.).
Information from these retrieved records that matches across other
agency systems of records will also create a linkage to retrieve those
records, as the system reflects key connections or overlaps based on
similar information stored in different data sources at the agency.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with NARA rules codified at 36 CFR 1225.16, we
maintain records in accordance with agency-specific records schedule
N1-47-05-1.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
We retain electronic and paper files containing personal
identifiers in secure storage areas accessible only by our authorized
employees and contractors
[[Page 25336]]
who have a need for the information when performing their official
duties. Security measures include, but are not limited to, the use of
codes and profiles, PIN and password, and personal identification
verification cards. We restrict access to specific correspondence
within the system based on assigned roles and authorized users. We
maintain electronic files with personal identifiers in secure storage
areas. We use audit mechanisms to record sensitive transactions as an
additional measure to protect information from unauthorized disclosure
or modification. We keep paper records in cabinets within secure areas,
with access limited to only those employees who have an official need
for access in order to perform their duties.
We annually provide our employees and contractors with appropriate
security awareness training that includes reminders about the need to
protect PII and the criminal penalties that apply to unauthorized
access to, or disclosure of PII (5 U.S.C. 552a(i)(1)). Furthermore,
employees and contractors with access to databases maintaining PII must
annually sign a sanction document that acknowledges their
accountability for inappropriately accessing or disclosing such
information.
RECORD ACCESS PROCEDURES:
This system of records is exempt from the Privacy Act's access,
contesting, and notification provisions stated below. However,
individuals may submit requests for information about whether this
system contains a record about them by submitting a written request to
the system manager at the above address, which includes their name,
SSN, or other information that may be in this system of records that
will identify them. Individuals requesting notification of, or access
to, a record by mail must include (1) a notarized statement to us to
verify their identity, or (2) must certify in the request that they are
the individual they claim to be and that they understand that the
knowing and willful request for, or acquisition of, a record pertaining
to another individual under false pretenses is a criminal offense.
Individuals requesting notification of, or access to, records in
person must provide their name, SSN, or other information that may be
in this system of records that will identify them, as well as provide
an identity document, preferably with a photograph, such as a driver's
license. Individuals lacking identification documents sufficient to
establish their identity must certify in writing that they are the
individual they claim to be and that they understand that the knowing
and willful request for, or acquisition of, a record pertaining to
another individual under false pretenses is a criminal offense.
These procedures are in accordance with our regulations at 20 CFR
401.40, 401.45, and 401.55.
CONTESTING RECORD PROCEDURES:
Same as record access procedures. Individuals should also
reasonably identify the record, specify the information they are
contesting, and state the corrective action sought and the reasons for
the correction with supporting justification showing how the record is
incomplete, untimely, inaccurate, or irrelevant. These procedures are
in accordance with our regulations at 20 CFR 401.65(a).
NOTIFICATION PROCEDURES:
Same as record access procedures. These procedures are in
accordance with our regulations at 20 CFR 401.40, 401.45, and 401.55.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
This system of records is exempt from certain provisions of the
Privacy Act pursuant to 5 U.S.C. 552a(k)(2). Rules have been
promulgated in accordance with the requirements of 5 U.S.C. 553(b),
(c), and (e) and were published on December 11, 2020, at 85 FR 79963.
HISTORY:
83 FR 19588, Anti-Fraud Enterprise Solution (AFES).
85 FR 80211, Anti-Fraud System.
[FR Doc. 2022-09091 Filed 4-27-22; 8:45 am]
BILLING CODE 4191-02-P
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</html>Indexed from Federal Register on April 28, 2022.
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.