Notice2022-16367
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
August 1, 2022
Issuing agencies
Commerce Department
Abstract
In accordance with the Privacy Act of 1974, as amended (Privacy Act) and Office of Management and Budget (OMB) Circular A-108, "Federal Agency Responsibilities for Review, Reporting, and Publication Under the Privacy Act," the Department of Commerce (Department) is issuing this notice of intent to modify a system of records, COMMERCE/CENSUS-7, Special Censuses of Population Conducted for State and Local Government.
Full Text
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<title>Federal Register, Volume 87 Issue 146 (Monday, August 1, 2022)</title>
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[Federal Register Volume 87, Number 146 (Monday, August 1, 2022)]
[Notices]
[Pages 46938-46941]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-16367]
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DEPARTMENT OF COMMERCE
[Docket No. 220814-0134]
Privacy Act of 1974; System of Records
AGENCY: U.S. Department of Commerce, U.S. Census Bureau.
ACTION: Notice of a modified privacy act system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, as amended
(Privacy Act) and Office of Management and Budget (OMB) Circular A-108,
``Federal Agency Responsibilities for Review, Reporting, and
Publication Under the Privacy Act,'' the Department of Commerce
(Department) is issuing this notice of intent to modify a system of
records, COMMERCE/CENSUS-7, Special Censuses of Population Conducted
for State and Local Government.
DATES: This amended system of records will become effective upon
publication, subject to a 30-day comment period in which to comment on
new or amended routine uses. To be considered, written comments must be
submitted on or before August 31, 2022.
ADDRESSES: Please address comments to: Byron Crenshaw, Privacy
Compliance Branch, Room 8H021, U.S. Census Bureau, Washington, DC
20233-3700; telephone (301) 763-7997; or by email,
<a href="/cdn-cgi/l/email-protection#c183b8b3aeafef82b3a4afb2a9a0b681a2a4afb2b4b2efa6aeb7"><span class="__cf_email__" data-cfemail="4e0c373c2120600d3c2b203d262f390e2d2b203d3b3d60292138">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Chief, Privacy Compliance Branch,
Policy Coordination Office, Room 8H021, U.S. Census Bureau, Washington,
DC 20233-3700 or by email, <a href="/cdn-cgi/l/email-protection#307249425f5e1e7342555e435851477053555e4345431e575f46"><span class="__cf_email__" data-cfemail="abe9d2d9c4c585e8d9cec5d8c3cadcebc8cec5d8ded885ccc4dd">[email protected]</span></a>.
[[Page 46939]]
SUPPLEMENTARY INFORMATION: This update makes seven program-related
changes. The first proposed change to program-related provisions
revises the name, purpose, and authority for maintenance of the system
of records. This update is a result of a re-alignment of the U.S.
Census Bureau's (Census Bureau) systems of records and differentiates
the records maintained in this system of records from records
maintained by COMMERCE/CENSUS-3, Demographic Survey Collection (Census
Bureau Sampling Frame) (name change from COMMERCE/CENSUS-3, Special
Censuses, Surveys, and Other Studies, pending publication in the
Federal Register). Demographic reimbursable surveys that use a
sponsor's sampling frame are maintained in this system of records,
which is re-named as COMMERCE/CENSUS-7, Demographic Survey Collection
(Non-Census Bureau Sampling Frame) (name change from COMMERCE/CENSUS-7,
Special Censuses of Population Conducted for State and Local Government
pending in the Federal Register). The authority for this system of
records is revised to cite 13 U.S.C 8(b). The second proposed change
updates the categories of individuals in the system to include
households and individuals from the U.S. population for surveys
maintained in this system of records, and individuals participating in
tests, focus groups, and cognitive interviews. Data collected directly
from respondents may be supplemented with data from administrative
records (including third-party entities) covered by COMMERCE/CENSUS-8,
Statistical Administrative Records System. The third proposed change
updates the categories of records in the system to provide new detail
about the information in the categories including the collection of:
Field Representative (FR) and interviewer characteristics, auxiliary
data known as paradata, Global Positioning System coordinates, internet
protocol (IP) address, mobile device identification, and record
identification number in the other information category; the telephone
number, email address or equivalent (such as social media screen name)
in the respondent contact information category; the date of birth,
place of birth, gender, race, age, ethnicity, household and family
characteristics, birth expectations, mobility status, citizenship,
education, marital status, tribal affiliation, veteran status, and
disability status in the demographic information category; the address
and geographic codes in the geographical information category; the
health problems, type of provider, services provided, cost of services,
and quality indicators in the health information category; the income,
occupation, employment and unemployment information, health insurance
coverage, federal and state program participation, assets and wealth in
the economic information category; the commuting, travel, childcare,
recreation, community service, and drug and alcohol use in the activity
and event related information category; the business name, revenues,
and number of employees in the business information category. The
fourth proposed change describes the categories of sources of records
in the system, which include the subject individuals of surveys, tests,
focus groups, cognitive interviews and administrative records. The
fifth proposed change updates the policies and practices for storing,
retaining, and disposing the records in the system to include
recordings of surveys, focus groups, and cognitive interviews. The
sixth proposed change updates the policies and practices for retrieval
of the records to show linkages between systems of records covered by
COMMERCE/CENSUS-3, Demographic Survey Collection (Census Bureau
Sampling Frame) (name change from COMMERCE/CENSUS-3, Special Censuses,
Surveys, and Other Studies pending publication in the Federal
Register); COMMERCE/CENSUS-4, Economic Survey Collection; COMMERCE/
CENSUS-5, Decennial Census Programs; COMMERCE/CENSUS-8, Statistical
Administrative Records System; COMMERCE/CENSUS-9, Longitudinal
Employer-Household Dynamics System; COMMERCE/CENSUS-12, Foreign Trade
Statistics; and this system of records for approved special research
projects with limited access. The seventh proposed change updates the
routine uses to clarify that certain individuals (designated as Special
Sworn Status individuals) authorized by Title 13 have access to this
system of records. Special Sworn Status individuals are subject to the
same confidentiality requirements as regular Census employees. This
modification also provides minor administrative updates, including non-
substantive changes to the description of routine uses of records
maintained in the system. This notice does not contain any newly
proposed or significantly modified routine uses.
The changes are being made in accordance with OMB Circular A-108
which requires agencies to periodically review system of records
notices for accuracy and completeness, paying special attention to
changes in the manner in which records are organized, indexed or
retrieved that results in a change in the nature or scope of these
records; and the Privacy Act, which requires agencies to publish in the
Federal Register a notice that describes the changes to the system of
records.
The Privacy Act also requires each agency that proposes to
establish or significantly modify a system of records to provide
adequate advance notice of any such proposal to the OMB, the Committee
on Oversight and Reform of the House of Representatives, and the
Committee on Homeland Security and Governmental Affairs of the Senate
(5 U.S.C. 552a(r)). Significant modifications include adding a new
routine use. The purpose of providing the advance notice to OMB and
Congress is to permit an evaluation of the potential effect of the
proposal on the privacy and other rights of individuals. The Department
filed a report describing the modified system of records covered by
this notice with the Chair of the Senate Committee on Homeland Security
and Governmental Affairs, the Chair of the House Committee on Oversight
and Reform, and the Deputy Administrator of the Information and
Regulatory Affairs, OMB on June 22, 2022.
SYSTEM NAME AND NUMBER:
COMMERCE/CENSUS-7, Demographic Survey Collection (Non-Census Bureau
Sampling Frame)
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
Bowie Computer Center, U.S. Census Bureau, 17101 Melford Blvd.,
Bowie, Maryland 20715; U.S. Census Bureau, National Processing Center,
1201 East 10th Street, Jeffersonville, Indiana 47103; National Archives
and Records Administration, Washington National Records Center,
Washington, DC 20409.
SYSTEM MANAGER(S):
Associate Director for Demographic Programs, U.S. Census Bureau,
4600 Silver Hill Road, Washington, DC 20233-8000.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
13 U.S.C. 8(b) provides the authority for the Census Bureau to
conduct statistical surveys for other agencies.
PURPOSE(S) OF THE SYSTEM:
The purpose of this system of records is for the Census Bureau to
collect statistical information from respondents through survey
instruments or other means and to conduct methodological
[[Page 46940]]
research on improving various aspects of surveys authorized by 13
U.S.C. 8(b) such as: survey sampling frame design; sample selection
algorithms; questionnaire development, design, and testing; usability
testing of computer software and equipment; post data collection
processing; data quality review; and non-response research. The
statistical information is collected for other agencies (including, but
not limited to, other Federal agencies, state and local governments),
where the sample is obtained from non-Census Bureau sources (including,
but not limited to, another agency's sample universe).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system of records covers all individuals sampled for Census
Bureau demographic reimbursable surveys that use a sponsor's sampling
frame. Survey respondents typically are individuals aged 15 years old
or over. Data collected directly from respondents may be supplemented
with data from administrative record files received from other Federal,
state, or local agencies, or third-party entities (including commercial
sources). These administrative record files are collected and processed
under the Statistical Administrative Records System. Please see
COMMERCE/CENSUS-8, Statistical Administrative Records System for more
information. Additionally, subjects of tests, focus groups and
cognitive interviews (to test understanding of a new survey form, for
example) that use a sponsor's or non-Census Bureau sampling frame are
maintained in this system of records.
CATEGORIES OF RECORDS IN THE SYSTEM:
Records in this system of records consist of working statistical
files (i.e., those files being analyzed to produce survey results),
survey data files (i.e., those files containing answers directly from
the respondent), and/or data contact files (i.e., those files used for
contacting respondents). Records in this system of records may contain
information such as: Respondent contact information--telephone number,
email address or equivalent (such as social media screen name), etc.;
Demographic information--date of birth, place of birth, gender, race,
ethnicity, household and family characteristics, birth expectations,
mobility status, citizenship, education, marital status, tribal
affiliation, veteran status, disability status, etc.; Geographical
information--address and geographic codes; Health information--health
problems, type of provider, services provided, cost of services,
quality indicators, etc.; Economic information--income, occupation,
employment and unemployment information, health insurance coverage,
federal and state program participation, assets and wealth, etc.;
Activity and event related information--commuting, travel, childcare,
recreation, community service, and drug and alcohol use, etc.;
Processing Information: Field Representative (FR) related information-
Census Bureau FR code, which is used only as an administrative control
item for each record. Also, records collected by surveys, cognitive
interviews, and pilot tests may collect other information including:
Global Positioning System (GPS) coordinates, internet protocol (IP)
address, mobile device identification, and record identification
number. GPS coordinates, IP addresses, and mobile device identification
may be collected when a mobile device is used to respond to surveys
collected under Title 13 maintained in this system of records.
Auxiliary data known as paradata may also be collected and used to
evaluate and manage the survey process. Paradata maintained in this
system of records includes method of interview; time and date stamps;
audit trail and trace files; item non-response, refusals, deletion
changes, and don't know responses; etc. Access to paradata by survey
sponsors is governed by agreements in place; any paradata provided to
survey sponsors will be stripped of all personally identifiable
information of Census Bureau staff.
Another category of records contains two types of records that are
maintained in unique data sets that are extracted or combined on an as-
needed basis using the unique non-identifying codes but with some name
information retained. One type of record contains: Business
information--business name, revenues, number of employees, and industry
codes in support of economic statistical products. The other type
contains: Respondent contact information--name, address, telephone
number, age, and sex in support of survey and census data collection
efforts. Records in this system of records may be supplemented with
datasets covered by COMMERCE/CENSUS-8, Statistical Administrative
Records System. However, for limited short-term projects, some records
obtained from datasets maintained in COMMERCE/CENSUS-8, Statistical
Administrative Records System, may contain some direct identifiers
(such as name, Social Security Number (SSN)) that have been retained in
working statistical files for this collection.
RECORD SOURCE CATEGORIES:
In general, the records in this system come from subject
individuals covered by agency surveys that use the Census Bureau to
collect their information and subjects of tests, focus groups, and
cognitive interviews. Information on subject individuals for this
system of records may also come from files collected and processed
under the Statistical Administrative Records System. These
administrative record files are obtained from federal, state, and local
agencies and third-party entities (e.g., commercial sources). Federal
agency sources include: the Departments of Agriculture, Education,
Health and Human Services, Homeland Security, Housing and Urban
Development, Labor, Treasury, Veterans Affairs, and from the Office of
Personnel Management, the Social Security Administration, the Selective
Service System and the U.S. Postal Service, etc. Please see COMMERCE/
CENSUS-8, Statistical Administrative Records System, for more
information.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
There are no routine uses for this system of records. A routine use
is describing the sharing of data with a third-party. Because the data
under this SORN are covered under the protection of Title 13 U.S.C.,
the Census Bureau is legally forbidden to share any information
collected under this SORN. Access to records maintained in the system
is restricted to Census Bureau employees and certain individuals
authorized by Title 13, U.S. Code (designated as Special Sworn Status
individuals). These individuals are subject to the same confidentiality
requirements as regular Census Bureau employees.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records (including, but not limited to, sound and video files of
surveys, focus groups, and cognitive interviews, or electronic
datasets) will be stored in a secure computerized system and electronic
or magnetic media; output data will be either electronic files or paper
copies. Paper copies and electronic or magnetic media will be stored in
a secure area within a locked drawer or cabinet. Data sets may be
accessed only by authorized personnel. Control lists will be used to
limit access to those employees with a need to know; rights will be
granted based on job functions.
[[Page 46941]]
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Staff producing final statistical products will have access only to
data sets from which direct identifiers were deleted and replaced by a
unique non-identifying code (a Protected Identification Key (PIK))
internal to the Census Bureau and to data sets covered by COMMERCE/
CENSUS-8, Statistical Administrative Records System, where direct
identifiers have been deleted and replaced by a PIK. For additional
information on the PIK, see the COMMERCE/CENSUS-8, Statistical
Administrative Records System. A limited number of sworn Census Bureau
staff are permitted to retrieve records containing direct identifiers
(such as a name or SSN). Records in this system of records may also be
linked to COMMERCE/CENSUS-3, Demographic Survey Collection (Census
Bureau Sampling Frame) (name change from COMMERCE/CENSUS-3, Special
Censuses, Surveys, and Other Studies pending publication in the Federal
Register); COMMERCE/CENSUS-4, Economic Survey Collection; COMMERCE/
CENSUS-5, Decennial Census Programs; COMMERCE/CENSUS-8, Statistical
Administrative Records System; COMMERCE/CENSUS-9, Longitudinal
Employer-Household Dynamics System; and COMMERCE/CENSUS-12, Foreign
Trade Statistics where records may be retrieved by a PIK or an
identifier common to all eight systems of records to conduct approved
special research projects with limited access by individuals with
Special Sworn Status and Census Bureau staff.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained in accordance with the General Records
Schedule and Census Bureau's records control schedules that are
approved by the National Archives and Records Administration (NARA) as
applicable or are retained in accordance with agreements developed with
sponsoring agencies. The Census Bureau issues an Annual Safeguard
Activity Report that includes information on the retention and disposal
of federal administrative record source data. Permanent data will be
archived at the Census Bureau.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The Census Bureau is committed to respecting respondent privacy and
protecting confidentiality. Through the Data Stewardship Program, we
have implemented management, operational, and technical controls, and
practices to ensure high-level data protection to respondents of other
agency surveys conducted by the Census Bureau.
(1) A policy against unauthorized browsing protects respondent
information from casual or inappropriate use by any individual with
access to Census Bureau data. Unauthorized browsing is defined as the
act of searching or looking through, for other than work-related
purposes, protected personal or business-related information that
directly or indirectly identifies individuals or businesses.
Unauthorized browsing is prohibited.
(2) All Census Bureau employees and individuals with Special Sworn
Status permitted to access the system are subject to the restrictions,
penalties, and prohibitions of the sponsoring agency's protection
statutes (including, but not limited to the Confidential Information
Protection and Statistical Efficiency Act (CIPSEA) of 2002 (Pub. L.
107-347)), and provisions of the Privacy Act, as applicable. Data
maintained in this system of records is subject to the restrictions,
penalties, and prohibitions of the sponsoring agency's statutes. If it
is determined individuals with Special Sworn Status require access,
they will undergo the appropriate background checks and be required to
sign the Census Bureau's affidavit of non-disclosure.
(3) All Census Bureau employees and individuals with Special Sworn
Status will be advised of regulations governing the confidentiality of
the data and will be required to complete Data Stewardship Awareness
Training annually.
(4) All Census Bureau computer systems that maintain sensitive
information are in compliance with the Federal Information Security
Management Act (FISMA), as amended (44 U.S.C. 3551-3559), which
includes auditing and implementing controls over restricted data.
(5) The use of unsecured telecommunications to transmit
individually identifiable information is prohibited.
(6) Paper copies that contain sensitive information are stored in
secure facilities in a locked drawer or file cabinet behind a locked
door.
(7) Additional data files containing direct identifiers will be
maintained for the purpose of data collection activities (such as
respondent contact and pre-loading an instrument for a continued
interview) or for approved special research projects and will not be
transferred to, or maintained on, working statistical files.
RECORD ACCESS PROCEDURES:
None.
CONTESTING RECORD PROCEDURES:
None.
NOTIFICATION PROCEDURES:
None.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
It is the Census Bureau's policy and practice to conduct
statistical studies under 13 U.S.C. 8(b) for those agencies that, by
law, maintain and use the data solely for statistical purposes and make
no determinations from the records as to any identifiable individual.
Pursuant to 5 U.S.C. 552a(k)(4), this system of records is exempted
from subsections (c)(3); (d); (e)(1); (e)(4)(G), (H), and (I); and (f)
of the Privacy Act. These subsections include, but are not limited to,
certain requirements concerning notification, access, and contest
procedures. This exemption is made in accordance with the Department's
rules which appear in 15 CFR part 4 subpart B.
HISTORY:
67 FR 66611, November 1, 2002, Notice of Proposed Amendment to
Privacy Act System of Records.
Jennifer Goode,
Deputy Director and Acting Director, Office of Privacy and Open
Government, U.S. Department of Commerce.
[FR Doc. 2022-16367 Filed 7-29-22; 8:45 am]
BILLING CODE 3510-07-P
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