Notice2022-11617
Privacy Act of 1974; System of Records
Primary source
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Published
May 31, 2022
Effective
June 30, 2022
Issuing agencies
Federal Mediation and Conciliation Service
Abstract
To fulfill its conflict resolution, training, and outreach mission, Federal Mediation and Conciliation Service (FMCS) uses surveys to provide training and education, conduct interactive exercises, and create consensus during mediation and training meetings. For engagements with FMCS clients in meetings of all types, FMCS uses a collection of online engagement activity tools that includes Survey Monkey, Poll Everywhere, Microsoft Forms, and FacilitatePro, all of which are online licensed software platforms, for customers' meeting effectiveness, electronic flip charting, project management, requests for assistance, event registration, needs assessments, and surveys. FMCS will use surveys from clients to evaluate services and employee performance.
Full Text
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<title>Federal Register, Volume 87 Issue 104 (Tuesday, May 31, 2022)</title>
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[Federal Register Volume 87, Number 104 (Tuesday, May 31, 2022)]
[Notices]
[Pages 32416-32418]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-11617]
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FEDERAL MEDIATION AND CONCILIATION SERVICE
Privacy Act of 1974; System of Records
AGENCY: Federal Mediation and Conciliation Service
ACTION: Notice of a new system of records.
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SUMMARY: To fulfill its conflict resolution, training, and outreach
mission, Federal Mediation and Conciliation Service (FMCS) uses surveys
to provide training and education, conduct interactive exercises, and
create consensus during mediation and training meetings. For
engagements with FMCS clients in meetings of all types, FMCS uses a
collection of online engagement activity tools that includes Survey
Monkey, Poll Everywhere, Microsoft Forms, and FacilitatePro, all of
which are online licensed software platforms, for customers' meeting
effectiveness, electronic flip charting, project management, requests
for assistance, event registration, needs assessments, and surveys.
FMCS will use surveys from clients to evaluate services and employee
performance.
DATES: This system of records will be effective without further notice
on [June 30, 2022 unless otherwise revised pursuant to comments
received. New routine uses will be effective on June 30, 2022. Comments
must be received on or before June 30, 2022.
ADDRESSES: You may send comments, identified by FMCS-0002, by any of
the following methods:
<bullet> Mail: Office of General Counsel, 250 E Street SW,
Washington, DC 20427.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#a7c8c0c4e7c1cac4d489c0c8d1"><span class="__cf_email__" data-cfemail="a9c6cecae9cfc4cada87cec6df">[email protected]</span></a>. Include FMCS-0002 on the subject line
of the message.
<bullet> Fax: (202) 606-5444.
FOR FURTHER INFORMATION CONTACT: Anna Davis, Acting General Counsel, at
202-606-3737 or <a href="/cdn-cgi/l/email-protection#2041444156495360464d43530e474f56"><span class="__cf_email__" data-cfemail="f9989d988f908ab99f949a8ad79e968f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This describes a new system for FMCS and its
customers for meeting effectiveness, electronic flip charting, project
management, requests for assistance, event registration, and surveys.
Dated: May 25, 2022.
Anna Davis,
Acting General Counsel.
SYSTEM NAME AND NUMBER:
FMCS-0002 Survey Records.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Federal Mediation and Conciliation Service, 250 E Street SW,
Washington, DC 20427.
SYSTEM MANAGER(S):
Doug Jones, Director of Information Technology, email
<a href="/cdn-cgi/l/email-protection#06626c6968637546606b657528616970"><span class="__cf_email__" data-cfemail="7d19171213180e3d1b101e0e531a120b">[email protected]</span></a>, or send mail to Federal Mediation and Conciliation
Service, 250 E Street SW, Washington, DC 20427, Attn: Doug Jones.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Federal Mediation and Conciliation Service, 29 U.S.C. 172, et seq.;
The National Labor Relations Act, 29 U.S.C. 151, et seq.;
Administrative Dispute Resolution Act, 5 U.S.C. 571-584; Negotiated
Rulemaking Act of 1990, 5 U.S.C. 561-570; the Federal Labor Relations
Act, 5 U.S.C. 7119; and Departmental Regulations, 5 U.S.C. 301.
PURPOSE(S) OF THE SYSTEM:
This system is maintained for the purposes of assessing parties'
needs, engaging parties to a dispute in finding resolution, collecting
and handling data for use in negotiations and mediations, engaging
parties in virtual meetings, teaching problem-solving skills, and
creating and receiving evaluations from parties on the quality of
services they receive from FMCS by collecting information used during
live training sessions for educational purposes.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
The system encompasses all individuals participating in training
and evaluation sessions, both virtually and in-person, with an FMCS
Mediator, the FMCS staff referenced in the evaluations, and FMCS staff
processing the evaluations. Also, this includes parties to mediation.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system consists of records created or compiled during live
training sessions and for purposes of evaluating FMCS's services. The
system also includes FMCS employee and client responses to questions,
surveys, and scenarios. These records include contact information for
participants, and participant responses. System access records are also
included (login
[[Page 32417]]
information for users and FMCS staff). Specifically, these engagement
programs might collect information names, participant responses to
open-ended questions, contributions to a brainstorming activity in
training or mediation, ideas that represent possible dispute resolution
options, and other data. In short, the data that arrives through these
engagement tools is the same or similar information that would be
available to an FMCS mediator in any in-person meeting with clients and
is handled with the same degree of confidentiality as a mediator would
handle paper or traditional written data-gathering methods.
RECORD SOURCE CATEGORIES:
Information in this system of records is provided by FMCS clients
or training registrants, conference attendees, and FMCS staff assigned
to help process the survey results.
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 to authorized
entities, as is determined to be relevant and necessary, outside the
FMCS as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
(a) To disclose pertinent information to the appropriate Federal,
State, or local agency responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule regulation or order where
the record, either alone or in conjunction with other information
creates an indication of a violation or potential violation of civil or
criminal laws or regulations.
(b) To the Government Accountability Office (GAO) for oversight
purposes; to the Department of Justice (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.
(c) To disclose information to the National Archives and Records
Administration (NARA) or the General Services Administration in records
management inspections conducted under authority of 44 U.S.C. 2904 and
2906.
(d) To a former employee of the Agency for purposes of responding
to an official inquiry by a federal, state, or local government entity
or professional licensing authority, in accordance with applicable
Agency regulations; or facilitating communications with a former
employee that may be necessary for personnel-related or other official
purposes where the Agency requires information and/or consultation
assistance from the former employee regarding a matter within that
person's former area of responsibility.
(e) To disclose information to contractors, grantees, experts,
consultants, detailees, and other non-Government employees performing
or working on a contract, service, or other assignment for the Federal
Government when necessary to accompany an agency function related to
this system of records.
(f) To officials of labor organizations recognized under 5 U.S.C.
Chapter 71 upon receipt of a formal request and in accordance 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.
(g) To disclose information to a Member of Congress or a
congressional office in response to an inquiry made on behalf of, and
at the request of, an individual who is the subject of the record.
(h) To the Department of Justice, including Offices of the U.S.
Attorneys; another Federal agency conducting litigation or in
proceedings before any court, adjudicative, or administrative body;
another party in litigation before a court, adjudicative, or
administrative body; or to a court, adjudicative, or administrative
body. Such disclosure is permitted only when it is relevant and
necessary to the litigation or proceeding, and one of the following is
a party to the litigation or has an interest in such litigation:
(1) FMCS, or any component thereof;
(2) Any employee or former employee of FMCS in their official
capacity;
(3) Any employee or former employee of FMCS in their capacity where
the Department of Justice or FMCS has agreed to represent the employee;
(4) The United States, a Federal agency, or another party in
litigation before a court, adjudicative, or administrative body, upon
the FMCS General Counsel's approval, pursuant to 5 CFR part 295 or
otherwise.
(i) To any federal agency, organization, or person for the purposes
of performing audit or oversight operations related to the operation of
this system of records as authorized by law, but only information
necessary and relevant to such audit or oversight function.
(j) To disclose to FMCS clients who participate in trainings and
presentations to collect survey results and information during
educational sessions to facilitate group discussions and learning.
(k) To disclose to FMCS clients to facilitate mediation.
(l) To disclose to another Federal agency or Federal entity, when
FMCS determines that information from this system of records is
reasonably necessary to assist the recipient agency or entity in (1)
responding to a suspected or confirmed breach or (2) 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.
(m) To appropriate agencies, entities, and persons when (1) FMCS
suspects or has confirmed that there has been a breach of the system of
records, (2) FMCS has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, FMCS
(including its information systems, programs, and operations), the
Federal Government, or national security; and (3) the disclosure made
to such agencies, entities, and persons is reasonably necessary to
assist in connection with FMCS's efforts to respond to the suspected or
confirmed breach or to prevent, minimize, or remedy such harm.
(n) To disclose aggregate data from the surveys in support of
research activities conducted by FMCS employees, other agencies, and
educational institutions who collaborate with FMCS.
(o) To distribute and present aggregate data received from the
surveys for news, public relations, official agency social media,
community affairs, and client services purposes.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
After the project is completed, data collected for the project is
transferred to a Microsoft document or spreadsheet and sent to the
project manager for determination of sharing, temporary storage, or
destruction. Data collected is accessed through agency internal drives
which require a username and password. Upon FMCS client request, these
documents may be created in hard copy and provided to the client then
destroyed when FMCS closes the case or ends the training or service.
[[Page 32418]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by the name or other programmatic identifier,
including the date of the training or FMCS service.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Temporarily stored data or records received by the project manager
is deleted by the end of the fiscal year unless there is a specific
need to retain it longer.
Records are retained and disposed of in accordance with General
Records Schedule 4.2, issued by the National Archives and Records
Administration.
ADMINSTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
FMCS maintains the FacilitatePro data and user profiles on its own
servers and have an electronic backup system in place in the event of a
system failure, as well as an alternative system consistent with
requirements of Continuing of Operations Plan. The system requires a
username and password which can only be created by FMCS. FMCS employee
access to these systems is on a limited license basis and requires use
of internal agency network and drives. Access is restricted, and
accessible to limited FMCS Personnel such as the Project Manager,
System Administrator, IT, and/or individuals in a need-to-know
capacity. The other platforms mentioned above are web-based programs
and require either FMCS Office 365 credentials, usernames and
passwords, or both, in order to be used by an employee of FMCS.
RECORD ACCESS PROCEDURES:
FMCS employees, both current and former, may request access to
their own records used as the basis for their performance evaluations
through the Office of Human Resources. For external users, Privacy Act
requests may be completed pursuant to 29 CFR 1410.3, Individual access
requests. Individuals must provide the following information for their
records to be located and identified: (1) Full name, (2) Address, and
(3) A specific description of the record content requested. Also, see
<a href="https://www.fmcs.gov/privacy-policy/">https://www.fmcs.gov/privacy-policy/</a>.
CONTESTING RECORDS PROCEDURES:
See 29 CFR 1410.6, Requests for correction or amendment of records,
on how to contest the content of any records. Privacy Act requests to
amend or correct records may be submitted to the Privacy Office at
<a href="/cdn-cgi/l/email-protection#2b5b59425d4a48526b4d464858054c445d"><span class="__cf_email__" data-cfemail="0e7e7c67786f6d774e68636d7d20696178">[email protected]</span></a> or via mail at Federal Mediation and Conciliation
Service, 250 E Street SW, Washington, DC 20427. Also, see <a href="https://www.fmcs.gov/privacy-policy/">https://www.fmcs.gov/privacy-policy/</a>.
NOTIFICATION PROCEDURES:
See 29 CFR 1410.3(a), Individual access requests.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
[FR Doc. 2022-11617 Filed 5-27-22; 8:45 am]
BILLING CODE 6732-01-P
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</html>Indexed from Federal Register on May 31, 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.