Notice2022-19851
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
September 13, 2022
Issuing agencies
Health and Human Services DepartmentChildren and Families Administration
Abstract
In accordance with the requirements of the Privacy Act of 1974, as amended, the Department of Health and Human Services (HHS) is modifying an existing system of records maintained by the Administration for Children & Families (ACF), Office of Child Support Enforcement (OCSE): System No. 09-80-0385, "OCSE Federal Case Registry of Child Support Orders, HHS/ACF/OCSE." Elsewhere in this issue of the Federal Register, HHS/ACF has published a Notice of Proposed Rulemaking (NPRM) proposing to exempt certain records in the system of records from the accounting, access, and amendment requirements of the Privacy Act.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 176 (Tuesday, September 13, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Notices]
[Pages 56055-56059]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19851]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Administration for Children & Families
Privacy Act of 1974; System of Records
AGENCY: Administration for Children & Families, Department of Health
and Human Services.
ACTION: Notice of a modified system of records.
-----------------------------------------------------------------------
SUMMARY: In accordance with the requirements of the Privacy Act of
1974, as amended, the Department of Health and Human Services (HHS) is
modifying an existing system of records maintained by the
Administration for Children & Families (ACF), Office of Child Support
Enforcement (OCSE): System No. 09-80-0385, ``OCSE Federal Case Registry
of Child Support Orders, HHS/ACF/OCSE.'' Elsewhere in this issue of the
Federal Register, HHS/ACF has published a Notice of Proposed Rulemaking
(NPRM) proposing to exempt certain records in the system of records
from the accounting, access, and amendment requirements of the Privacy
Act.
DATES: Comment on this modified System of Records Notice (SORN) should
be submitted on or before November 14, 2022.
ADDRESSES: The public should address written comments by mail or email
to: Anita Alford, Senior Official for Privacy, Administration for
Children & Families, 330 C St. SW, Washington, DC 20201, or
<a href="/cdn-cgi/l/email-protection#badbd4d3cedb94dbd6dcd5c8defadbd9dc94d2d2c994ddd5cc"><span class="__cf_email__" data-cfemail="c9a8a7a0bda8e7a8a5afa6bbad89a8aaafe7a1a1bae7aea6bf">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: General questions about these systems
of records should be submitted by mail or email to Linda Boyer, Deputy
Commissioner, Office of Child Support
[[Page 56056]]
Enforcement, at 330 C St. SW, 5th Floor, Washington, DC 20201, or
<a href="/cdn-cgi/l/email-protection#2c404542484d024e4355495e6c4d4f4a0244445f024b435a"><span class="__cf_email__" data-cfemail="b6dadfd8d2d798d4d9cfd3c4f6d7d5d098dedec598d1d9c0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Explanation of Changes to System of Records 09-80-0385
This system of records covers records about individuals involved in
child support cases as provided by state child support registries. This
information is regularly compared (matched) to records in the National
Directory of New Hires and other federal agencies' databases to assist
state child support agencies or other authorized persons in enforcing
child support obligations. The following modifications have been made:
<bullet> Address information in the System Location and System
Manager sections has been updated.
<bullet> The Authorities section has been updated to include 42
U.S.C. 652(n), 653(a)(2), 653(c)(5), and 659a(c)(2).
<bullet> The Routine Uses section has been updated as follows:
[cir] The opening paragraph, and routine uses 11 and 13, have been
revised to remove an unnecessary statement that disclosures must be
compatible with the purpose for which the records were collected (the
statement is redundant, because this is how a routine use is defined in
5 U.S.C. 552a(a)(7)).
[cir] Routine use 10 has been revised to include foreign treaty
countries as disclosure recipients, pursuant to 42 U.S.C. 652(n) and
653(c)(5).
[cir] Routine use 12 has been revised to require that the
constituent request, which is the subject of the disclosure, must be a
``written'' request.
[cir] The security breach-related routine use which was previously
numbered as routine use 15, and which was revised February 14, 2018
(see 83 FR 6591), is now numbered as routine use 15(a); and a second
security breach-related routine use which was added in that same notice
on February 14, 2018, is now numbered as routine use 15(b).
<bullet> The Disclosure to Consumer Reporting Agencies section has
been removed (it merely confirmed that such disclosures are not made
from this system of records).
<bullet> The Policies and Practices for Retention and Disposal of
Records section has been updated to identify the applicable NARA-
approved disposition schedule, N-1-292-10-3.
<bullet> The Administrative, Technical, and Physical Safeguards
section has been updated to include information about the use of cloud
service providers.
<bullet> The procedures for making access, amendment, and
notification requests now state that verification of identity ``is''
(instead of ``may be'') required; explain how to provide verification
of identity (instead of merely referring individuals to HHS' Privacy
Act regulations); and list date of birth and social security number
(SSN) as examples of identifying particulars to include for the purpose
of distinguishing between records on individuals with the same name.
<bullet> The Exemptions Promulgated for the System section has been
clarified and corrected to state that the agency is promulgating a
regulation to exempt case files marked with the Family Violence
Indicator (FVI) from the Privacy Act's accounting, access, and
amendment requirements, under subsection ``(k)(2)'' (not (k)(5)) of the
Privacy Act. The section now explains that the exemption, as to case
files marked with the FVI, is intended to be consistent with the
disclosure prohibition in 42 U.S.C. 653(b)(2), which prohibits
disclosure of such records to anyone other than a court or an agent of
the court (instead of stating that such files are ``de facto exempt''
from the Privacy Act's notification, access, and accounting
requirements by virtue of that statute). The section also now also
includes a reference to 45 CFR 303.21(e), which implements the
statutory prohibition in 42 U.S.C. 653(b)(2).
The modified SORN will be applicable when the proposed exemptions
are made effective by publication of a final rule, which will not occur
until after the 60-day comment period ends and any comments received on
the NPRM (or on this SORN) have been addressed. If no comments result
in changes to the SORN, the SORN will not be published a second time.
January Contreras,
Assistant Secretary, Administration for Children & Families.
SYSTEM NAME AND NUMBER:
OCSE Federal Case Registry of Child Support Orders (FCR), HHS/ACF/
OCSE, 09-80-0385.
SECURITY CLASSIFICATION:
Unclassified
SYSTEM LOCATION:
Office of Child Support Enforcement, Administration for Children &
Families, 330 C St. SW, 5th Floor, Washington, DC 20201.
SYSTEM MANAGER(S):
Deputy Commissioner, Office of Child Support Enforcement,
Administration for Children and Families, Department of Health and
Human Services, 330 C St. SW, 5th Floor, Washington, DC 20201, or
<a href="/cdn-cgi/l/email-protection#f89491969c99d69a97819d8ab8999b9ed690908bd69f978e"><span class="__cf_email__" data-cfemail="95f9fcfbf1f4bbf7faecf0e7d5f4f6f3bbfdfde6bbf2fae3">[email protected]</span></a>.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
42 U.S.C. 652(a)(7) and (9), 652(n), 653(a)(1) and (2), 653(c)(5),
653(h), 653(j)(3), and 659a(c)(2).
PURPOSE(S) OF THE SYSTEM:
The Office of Child Support Enforcement (OCSE) uses the FCR
primarily to assist states in administering programs under 42 U.S.C.
651 to 669b (Title IV-D of the Social Security Act, Child Support and
Establishment of Paternity) and programs funded under 42 U.S.C. 601 to
619 (Title IV-A of the Social Security Act, Temporary Assistance for
Needy Families). Additional purposes are specified in sections 453 and
463 of the Social Security Act. (42 U.S.C. 653, 663).
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals involved in child support cases in which services are
being provided by the state IV-D child support agencies, and/or
individuals who are subject to child support orders established or
modified on or after October 1, 1998, and the children of such
individuals. Individuals whose information is collected and/or
disseminated through the system, as part of authorized technical
assistance or matching, including but not limited to individuals
involved in a child and family services' program provided by the state
IV-B agency, and individuals involved in a state IV-E foster care and
adoption assistance program and programs administered by other
authorized agencies and entities specified in the routine uses of
records maintained in this system.
CATEGORIES OF RECORDS IN THE SYSTEM:
The FCR maintains, collects, and disseminates several categories of
records. The FCR collects and maintains records provided by state child
support registries. These records include abstracts of support orders
and information from child support cases.
The records may include the following information: Name, Social
Security number (SSN), state case identification number, state Federal
Information Processing Standard (FIPS) code, county code, case type
(cases in which services are being provided by the state child support
agencies under Title IV-D of the Social Security Act and those cases in
which services are not being provided by the state child support
agencies), sex, date of birth, mother's maiden name, father's name,
participant type (custodial party, non-
[[Page 56057]]
custodial parent, putative father, child), family violence indicator
(domestic violence or child abuse), order indicator, locate request
type, and requested locate source. These records are maintained within
the FCR and are regularly compared (matched) to the National Directory
of New Hires (NDNH) and other federal agencies' databases to locate
information for the state child support agencies or other authorized
persons.
State child support agencies and other authorized persons can
directly request information (referred to as locate requests) from the
Federal Parent Locator Service (FPLS), which includes the FCR system of
records, and the NDNH system of records. The FPLS must seek the
requested information from other federal agencies. When state child
support agencies or other authorized persons request information from
the FPLS, the request is transmitted to the FPLS via the FCR. Upon
receipt of such requests, or as a result of the regular comparisons of
the FCR with the NDNH and other agencies' databases, the records
located pertaining to the requests are disseminated to the requestor
via the FCR. The records collected and disseminated, depending upon the
requestor's specific authority, may include information retrieved from
the FCR, from the NDNH, or from other federal or state agencies.
Records from the NDNH and other agencies disseminated through the FCR
may include categories of information such as name, SSN (or TIN),
address, phone number, employer, employment status and wages,
retirement status and pay, assets, military status and pay, federal
benefits status and amount, representative payees, unemployment status
and amount, children's health insurance, incarceration status,
financial institution accounts, assets, and date of death. The FCR also
contains information related to those categories of records; for
example, the date of receipt of federal benefits.
Additional categories of information include those contained in the
following documents: judicial or administrative orders pertaining to
child support and medical support; an administrative subpoena; an
affidavit in support of establishing paternity; a financial statement;
a medical support notice; a notice of a lien; and an income withholding
notice. The FCR also maintains: (1) Records (logs) of transactions
involving the receipt of requests and the dissemination of requested
information; (2) copies of the disseminated information for audit
purposes; and (3) copies of certain disseminated information for the
purpose of electronically filtering and suppressing the transmission of
redundant information.
RECORD SOURCE CATEGORIES:
Records maintained within the FCR are furnished by state child
support enforcement agencies. Records disseminated from the FCR for the
purpose of providing locate information from the NDNH and other federal
agencies are furnished by departments, agencies, or instrumentalities
of the United States or any state, employers, financial institutions,
and insurers or their agents.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
These routine uses specify circumstances under which ACF may
disclose information from this system of records without the consent of
the data subject. Each proposed disclosure of information under these
routine uses will be evaluated to ensure that the disclosure is legally
permissible. If any record contains a ``family violence indicator''
associated to the record by state child support agencies, if there is
reasonable evidence of domestic violence or child abuse and disclosure
could be harmful to the party or the child, the record may only be
disclosed as determined by a court as provided in 42 U.S.C. 653(b)(2).
Any information defined as ``return'' or ``return information''
under 26 U.S.C. 6103 (Internal Revenue Code) will not be disclosed
unless authorized by a statute, the Internal Revenue Service (IRS) or
IRS regulations.
(1) Disclosure for Child Support Purposes.
Pursuant to 42 U.S.C. 653(a)(2), 653(b)(1)(A), and 653(c),
information about the location of an individual or information that
would facilitate the discovery of the location of an individual may be
disclosed, upon request filed in accordance with law, to an
``authorized person,'' as defined in 42 U.S.C. 653(c), for the purpose
of establishing parentage or establishing, setting the amount of,
modifying or enforcing child support obligations. Information disclosed
may include information about an individual's wages (or other income)
from, and benefits of, employment, and information on the type, status,
location, and amount of any assets of, or debts owed by or to, the
individual.
(2) Disclosure to any Department, Agency, or Instrumentality of the
United States or of any State to Locate an Individual or Information
Pertaining to an Individual.
Pursuant to 42 U.S.C. 653(e)(1), information from the FCR (names
and SSNs) may be disclosed to any department, agency, or
instrumentality of the United States or of any state in order to obtain
information for an ``authorized person'' as defined in 42 U.S.C. 653(c)
which pertains to an individual's location, wages (or other income)
from, and benefits of, employment (including rights to or enrollment in
group health care coverage); or the type, status, location, and amount
of any assets of, or debts owed by or to, the individual.
(3) Disclosure for Purposes Related to the Unlawful Taking or
Restraint of a Child or Child Custody or Visitation.
Pursuant to 42 U.S.C. 653(b)(1)(A), upon request of an ``authorized
person,'' as defined in 42 U.S.C. 663(d)(2), or upon request of the
Department of Justice, Office of Juvenile Justice and Delinquency
Prevention, pursuant to 42 U.S.C. 663(f), information as to the most
recent address and place of employment of a parent or child may be
disclosed for the purpose of enforcing any state or federal law with
respect to the unlawful taking or restraint of a child or making or
enforcing a child custody or visitation determination.
(4) Disclosure to the Social Security Administration for
Verification.
Pursuant to 42 U.S.C. 653(j)(1), the names, SSNs, and birth dates
of individuals about who information is maintained may be disclosed to
the Social Security Administration to the extent necessary for
verification of the information by the Social Security Administration.
(5) Disclosure for Locating an Individual for Paternity
Establishment or in Connection with a Support Order.
Pursuant to 42 U.S.C. 653(j)(2)(B), the results of a comparison
between records in this system and the NDNH may be disclosed to the
state IV-D child support enforcement agency responsible for the case
for the purpose of locating an individual in a paternity establishment
case or a case involving the establishment, modification, or
enforcement of a support order.
(6) Disclosure to State Agencies Operating Specified Programs.
Pursuant to 42 U.S.C. 653(j)(3), information may be disclosed to a
state to the extent and with the frequency that the Secretary
determines to be effective in assisting the state to carry out its
responsibilities under child support programs operated under 42 U.S.C.
651 through 669b (Title IV-D of the Social Security Act, Child Support
and Establishment of Paternity), child and family services programs
operated under 42 U.S.C. 621 through 629m
[[Page 56058]]
(Title IV-B of the Social Security Act), Foster Care and Adoption
Assistance programs operated under 42 U.S.C. 670 through 679c (Title
IV-E of the Social Security Act) and assistance programs funded under
42 U.S.C. 601 through 619 (Title IV-A of the Social Security Act,
Temporary Assistance for Needy Families).
(7) Disclosure to Department of State under International Child
Abduction Remedies Act.
Pursuant to 42 U.S.C. 653(b)(1) and 663(e), the most recent address
and place of employment of a parent or child may be disclosed upon
request to the Department of State, in its capacity as the Central
Authority designated in accordance with section 7 of the International
Child Abduction Remedies Act, 42 U.S.C. 11601 et seq., for the purpose
of locating the parent or child on behalf of an applicant.
(8) Disclosure to Secretary of the Treasury for Certain Tax
Purposes.
Pursuant to 42 U.S.C. 653(h)(3), information may be disclosed to
the Secretary of Treasury for the purpose of administering sections of
the Internal Revenue Code which grant tax benefits based on support or
residence of children.
(9) Disclosure for Authorized Research Purposes.
Pursuant to 42 U.S.C. 653(j)(5), data in the FCR may be disclosed,
without personal identifiers, for research purposes found by the
Secretary to be likely to contribute to achieving the purposes of 42
U.S.C. 651 through 669b (Title IV-D of the Social Security Act, Child
Support and Establishment of Paternity) and 42 U.S.C. 601 through 619
(Title IV-A of the Social Security Act, Temporary Assistance for Needy
Families).
(10) Disclosure to a Foreign Reciprocating Country and Foreign
Treaty Country for Child Support Purposes.
Pursuant to 42 U.S.C. 652(n), 653(a)(2), 653(c)(5), and 659a(c)(2),
information on the state of residence of an individual sought for
support enforcement purposes in cases involving residents of the United
States and residents of foreign treaty countries or foreign countries
that are the subject of a declaration under 42 U.S.C. 659a may be
disclosed to the foreign country.
(11) Disclosure for Law Enforcement Purpose.
Information may be disclosed to the appropriate federal, state,
local, Tribal, or foreign agency responsible for identifying,
investigating, and prosecuting noncustodial parents who knowingly fail
to pay their support obligations and meet the criteria for federal
prosecution under 18 U.S.C. 228. The information must be relevant to
the violation of criminal nonsupport, as stated in the Deadbeat Parents
Punishment Act, 18 U.S.C. 228.
(12) Disclosure to Congressional Office.
Information may be disclosed to a congressional office from the
record of an individual in response to a written inquiry from the
congressional office made at the written request of the individual.
(13) Disclosure to Department of Justice or in Proceedings.
Information may be disclosed to support the Department of Justice,
or in a proceeding before a court, adjudicative body, or other
administrative body before which HHS is authorized to appear, when:
<bullet> HHS, or any component thereof; or
<bullet> Any employee of HHS in his or her official capacity; or
<bullet> Any employee of HHS in his or her individual capacity
where the Department of Justice or HHS has agreed to represent the
employee; or
<bullet> The United States, is a party to litigation or has an
interest in such litigation, and the use of such records by the
Department of Justice or the court or adjudicative body is deemed by
HHS to be relevant and necessary to the litigation.
(14) Disclosure to Contractor to Perform Duties.
Information may be disclosed to a contractor performing or working
on a contract for HHS and who has a need to have access to the
information in the performance of its duties or activities for HHS in
accordance with law and with the contract.
(15) Disclosure in the Event of a Security Breach.
(a) Information may be disclosed to appropriate agencies, entities,
and persons when (1) HHS suspects or has confirmed that there has been
a breach of the system of records; (2) HHS has determined that as a
result of the suspected or confirmed breach there is a risk of harm to
individuals, HHS (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 HHS's efforts to respond to the
suspected or confirmed breach or to prevent, minimize, or remedy such
harm.
(b) Information may be disclosed to another federal agency or
federal entity, when HHS 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.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Records are stored electronically at the Social Security
Administration's National Support Center and the OCSE Data Center.
Historical logs and system backups are stored offsite at an alternate
location.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records are retrieved by an identification number assigned to a
child support case by the state child support enforcement agency, an
SSN or TIN of an individual, a transaction serial number, or by a name
and date of birth of an individual.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
FCR records are retained and disposed of in accordance with the
applicable NARA-approved disposition schedule, N1-292-10-3.
(1) Records provided from state child support agencies:
(a) Electronic records furnished by the state child support agency
containing child support case and order information (input files) are
retained for 60 days and then deleted.
(b) State agency records (as posted to the FCR) remain within the
FCR until removed, upon notification by the state agency that the case
is closed, provided that, upon request, a sample may be retained for
research purposes found by OCSE to be likely to contribute to achieving
the purposes of child support programs or the TANF program, but without
personal identifiers.
(c) Records pertaining to closed cases are archived on the fiscal
year basis and retained for two years. Family violence indicators are
removed from the individual's record, upon request by the state that
initiated the indicator.
(2) Locate requests and match results:
(a) Locate requests submitted by state child support agencies and
other authorized persons and match results are retained for 60 days and
are then deleted.
(b) Audit trail records of locate requests and disclosures of match
results pursuant to those requests, which include indications of which
federal agencies were contacted for
[[Page 56059]]
locate information, whether information was located, and the type(s) of
information returned to the requesting entity, are archived once a year
based on the fiscal year. The records are retained for two completed
fiscal years and then destroyed. These records indicate the type of
information located for the authorized user, not the information
itself.
(3) Match results generated as a result of FCR-to-FCR comparisons
which locate individuals who are participants in child support cases or
orders in more than one state are transmitted to the relevant states.
Copies of FCR-to-FCR match results are retained for 60 days and then
deleted.
(4) Any record relating or potentially relating to a fraud or abuse
investigation or a pending or ongoing legal action, including a class
action, is retained until conclusion of the investigation or legal
action.
(5) Copies of the FCR records transmitted to the Secretary of the
Treasury for the purpose of administering sections of the Internal
Revenue Code which grant tax benefits based on support or residence of
children (routine use 8) are retained for one year and then deleted.
(6) Records collected or disseminated for technical assistance to
child support agencies or other authorized agencies or entities are
retained for 60 days to five years, and audit data is retained for a
period of up to two years.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The system leverages cloud service providers that maintain an
authority to operate in accordance with applicable laws, rules, and
policies, including Federal Risk and Authorization Management Program
(FedRAMP) requirements. Specific administrative, technical, and
physical controls are in place to ensure that the records collected and
maintained in the FCR are secure from unauthorized access. Access to
the records is restricted to authorized personnel who are advised of
the confidentiality of the records and the civil and criminal penalties
for misuse and who sign a nondisclosure oath to that effect. Personnel
are provided privacy and security training before being granted access
to the records and annually thereafter. Logical access controls are in
place to limit access to the records to authorized personnel and to
prevent browsing. The records are processed and stored in a secure
environment. All records are stored in an area that is physically safe
from access by unauthorized persons at all times.
Safeguards conform to the HHS Information Security and Privacy
Program, which may be found at <a href="https://www.hhs.gov/ocio/securityprivacy/index.html">https://www.hhs.gov/ocio/securityprivacy/index.html</a>.
RECORD ACCESS PROCEDURES:
To request access to a record about you, submit a written request
to the System Manager, in accordance with the Department's Privacy Act
implementation regulations in 45 CFR. The request should include your
name, telephone number and/or email address, current address, and
signature, and sufficient particulars (such as, date of birth or SSN)
to enable the System Manager to distinguish between records on subject
individuals with the same name. To verify your identity, your signature
must be notarized or your request must include your signed, written
certification that you are the individual who you claim to be and that
you understand that the knowing and willful request for or acquisition
of a record pertaining to an individual under false pretenses is a
criminal offense subject to a fine of up to $5,000.
CONTESTING RECORD PROCEDURES:
To request correction of a record about you in this system of
records, submit a written amendment request to the System Manager, in
accordance with the Department's Privacy Act implementation regulations
in 45 CFR. The request must contain the same information required for
an access request and include verification of your identity in the same
manner required for an access request. In addition, the request must
reasonably identify the record and specify the information contested;
the corrective action sought; and the reasons for requesting the
correction; and should include supporting justification or
documentation to show how the record is inaccurate, incomplete,
untimely, or irrelevant.
NOTIFICATION PROCEDURES:
To find out if this system of records contains a record about you,
submit a written notification request to the System Manager, in
accordance with the Department's Privacy Act implementation regulations
in 45 CFR. The request must identify this system of records, contain
the same information required for an access request, and include
verification of your identity in the same manner required for an access
request.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
A notice of proposed rulemaking has been published to add this
system of records to the list of exempt systems of records in HHS
regulations implementing the Privacy Act (45 CFR 5b, at 5b.11), and
that exemption will be effective upon publication of a Final Rule. The
Final Rule will, pursuant to 5 U.S.C. 552a(k)(2), exempt case files
marked with the Family Violence Indicator (FVI), which constitute
investigatory material compiled for law enforcement purposes, from the
accounting, access, and amendment requirements in subsections (c)(3)
and (d)(1) through (4) of the Privacy Act (5 U.S.C. 552a(c)(3) and
(d)(1) through (4)), subject to the limitation set forth in subsection
(k)(2).
With respect to case files marked ``FVI,'' the exemption is
intended to be consistent with the disclosure prohibition in section
453(b)(2) of the Social Security Act (42 U.S.C. 653(b)(2)) which
prohibits disclosure of case records containing reasonable evidence of
domestic violence or child abuse, disclosure of which could be harmful
to the custodial parent or the child of such parent, to anyone other
than a court or an agent of the court. See also 45 CFR 303.21(e)
(describing safeguarding requirements for records marked with the FVI).
HISTORY:
80 FR 17912 (Apr. 2, 2015), updated 83 FR 6591 (Feb. 14, 2018).
[FR Doc. 2022-19851 Filed 9-12-22; 8:45 am]
BILLING CODE 4184-42-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 September 13, 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.