Notice2023-18945
Privacy Act of 1974; System of Records
Primary source
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Published
September 1, 2023
Effective
September 1, 2023
Issuing agencies
Federal Communications Commission
Abstract
The Federal Communications Commission (FCC, Commission, or Agency) proposes to modify an existing system of records, FCC/CGB-4, internet-based Telecommunications Relay Service-User Registration Database (ITRS-URD) Program, subject to the Privacy Act of 1974, as amended. This action is necessary to meet the requirements of the Privacy Act to publish in the Federal Register notice of the existence and character of records maintained by the agency. The ITRS-URD's system of records contains personally identifiable information (PII) that is collected, used, stored, and maintained to support the administration, management, operations, and functions of the ITRS programs. The ITRS-URD, which is administered by a third party under contract with the FCC, is a database registration system that provides a necessary interface for multiple ITRS services, which include, but are not limited to Video Relay Service (VRS), and internet Protocol Captioned Telephone Service (IP CTS). These services are available to individuals who are deaf, deaf-blind, hard of hearing, or have speech disabilities, who are eligible under the Americans with Disabilities Act (ADA), and who register to participate in a TRS program. This modification makes various necessary changes and updates, including clarification of the purpose of the system, formatting changes required by the Office of Management and Budget (OMB) Circular A-108 since its previous publication, the addition of new routine uses, as well as the revision of existing routine uses.
Full Text
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<title>Federal Register, Volume 88 Issue 169 (Friday, September 1, 2023)</title>
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[Federal Register Volume 88, Number 169 (Friday, September 1, 2023)]
[Notices]
[Pages 60455-60458]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18945]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 167780]
Privacy Act of 1974; System of Records
AGENCY: Federal Communications Commission.
ACTION: Notice of a modified system of records.
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SUMMARY: The Federal Communications Commission (FCC, Commission, or
Agency) proposes to modify an existing system of records, FCC/CGB-4,
internet-based Telecommunications Relay Service-User Registration
Database (ITRS-URD) Program, subject to the Privacy Act of 1974, as
amended. This action is necessary to meet the requirements of the
Privacy Act to publish in the Federal Register notice of the existence
and character of records maintained by the agency. The ITRS-URD's
system of records contains personally identifiable information (PII)
that is collected, used, stored, and maintained to support the
administration, management, operations, and functions of the ITRS
programs. The ITRS-URD, which is administered by a third party under
contract with the FCC, is a database registration system that provides
a necessary interface for multiple ITRS services, which include, but
are not limited to Video Relay Service (VRS), and internet Protocol
Captioned Telephone Service (IP CTS). These services are available to
individuals who are deaf, deaf-blind, hard of hearing, or have speech
disabilities, who are eligible under the Americans with Disabilities
Act (ADA), and who register to participate in a TRS program. This
modification makes various necessary changes and updates, including
clarification of the purpose of the system, formatting changes required
by the Office of Management and Budget (OMB) Circular A-108 since its
previous publication, the addition of new routine uses, as well as the
revision of existing routine uses.
DATES: This modified system of records will become effective on
September 1, 2023. Written comments on the routine uses are due by
October 2, 2023. The routine uses in this action will become effective
on October 2, 2023 unless comments are received that require a contrary
determination.
ADDRESSES: Send comments to Katherine C. Clark, FCC, 45 L Street NE,
Washington, DC 20554, or to <a href="/cdn-cgi/l/email-protection#dcacaeb5aabdbfa59cbabfbff2bbb3aa"><span class="__cf_email__" data-cfemail="6010120916010319200603034e070f16">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Katherine C. Clark, (202) 418-1773 or
<a href="/cdn-cgi/l/email-protection#fc8c8e958a9d9f85bc9a9f9fd29b938a"><span class="__cf_email__" data-cfemail="49393b203f282a30092f2a2a672e263f">[email protected]</span></a> (and to obtain a copy of the Narrative Statement and
the Supplementary Document, which includes details of the proposed
alterations to this system of records).
SUPPLEMENTARY INFORMATION: As required by the Privacy Act of 1974, as
amended, 5 U.S.C. 552a(e)(4) and (e)(11), this document sets forth
notice of the proposed modification of a system of records maintained
by the FCC. The FCC previously provided notice of the system of records
FCC/CGB-4, internet-based Telecommunications Relay Service-User
Registration Database (ITRS-URD) Program, by publication in the Federal
Register on February 9, 2015 (80 FR 6963).
This notice serves to update and modify FCC/CGB-4 as a result of
various necessary changes and updates, including approval by the
National Archives and Records Administration (NARA) of a records
retention and disposal schedule for the information in this system,
since its previous publication. The substantive changes and
modifications to the previously published version of the FCC/CGB-4
system of records include:
1. Restyling the name of the System as the ``internet-based
Telecommunications Relay Service-User Registration Database (ITRS-
URD)'';
2. Updating the language in the Security Classification to follow
OMB guidance;
3. Modifying the language in the Categories of Individuals and
Categories of Records to be consistent with the
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language and phrasing now used in FCC SORNs and to reflect regulatory
changes in the ITRS-URD and ITRS programs;
4. Updating and/or revising language in the following routine uses
(listed by current routine use number): (4) FCC Enforcement Actions;
(5) Congressional Inquiries; (6) Government-wide Program Management and
Oversight; (7) Law Enforcement and Investigation; (8) Litigation; (9)
Adjudication; and (10) Breach Notification, the revision of which is as
required by OMB Memorandum No. M-17-12;
5. Adding two new routine uses (listed by current routine use
number): (11) Assistance to Federal Agencies and Entities Related to
Breaches--to assist with other Federal agencies' data breach
situations, which is required by OMB Memorandum No. M-17-12; and (12)
Non-Federal Personnel--to allow contractors, other vendors, grantees,
and volunteers who have been engaged to assist the FCC in the
performance of a contract service, grant, cooperative agreement access
to information; and
6. Deleting one routine use (listed by previous routine use
number): (10) Department of Justice as duplicative of the newly revised
routine use (8) Litigation.
7. Updating the existing records retention and disposal schedule
with a new records schedule: ``Telecommunications Relay Service
(TRS),'' Records Schedule Number DAA-0173-2015-0006.
The system of records is also revised for clarity and updated to
reflect various administrative changes related to the system managers
and system addresses; policy and practices for storage and retrieval of
the information; administrative, technical, and physical safeguards;
and updated notification, records access, and contesting records
procedures.
SYSTEM NAME AND NUMBER:
FCC/CGB-4, internet-based Telecommunications Relay Service-User
Registration Database (ITRS-URD).
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Consumer and Governmental Affairs Bureau (CGB), FCC, 45 L Street
NE, Washington, DC 20554.
SYSTEM MANAGER(S):
CGB, FCC, 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
47 U.S.C. 141-154, 225, 255, 303(r), 616, and 620; 47 CFR parts 64,
Subpart F.
PURPOSE(S) OF THE SYSTEM:
This system collects and maintains:
1. Information that is used to determine whether an individual who
is applying for a TRS program is eligible to register for the program;
2. Information that the ITRS-URD administrator uses to determine
whether information with respect to registered users already in the
ITRS-URD is correct and complete;
3. Information that the ITRS-URD administrator uses or will use in
a system for automated validation of the registration information that
has been submitted and ensure that the authorized VRS and IP CTS
providers are unable to register individuals who do not pass the
identification verification check conducted through the ITRS-URD;
4. Information that VRS and IP CTS providers must request to
validate each individual who seeks to register that he/she is an actual
person living or visiting in the United States;
5. Information related to users signed up with multiple providers
for VRS or IP CTS; and
6. Information that is contained in the records of the inquiries
that VRS and IP CTS providers will make available to the ITRS-URD
administrator and its contractors and subcontractors who manages the
database (providing verification/call/service center(s) services) to
verify that individuals who are deaf, deaf-blind, hard of hearing, or
have speech disabilities and who are eligible under the ADA to
participate in ITRS programs.
Collecting and maintaining these types of information allows staff
access to documents necessary for key activities discussed in this
SORN, including verifying the eligibility of individuals to participate
in ITRS programs; analyzing effectiveness and efficiency of related FCC
programs and informing future rule-making and policy-making activity;
and improving staff efficiency. Records in this system are available
for public inspection, e.g., in response to requests under the Freedom
of Information Act (FOIA), after redaction of identifying information
such as a name, address, telephone number, fax number, and/or email
address.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who are deaf, deaf-blind, hard of hearing, or have
speech disabilities, and who are eligible under the ADA to register for
one or more of the ITRS program's multiple services; representatives of
certified ITRS Program providers; individuals who are registered and
currently receiving ITRS Program services; and/or individuals who are
minors whose status makes them eligible for a parent or guardian to
register them for ITRS program services.
CATEGORIES OF RECORDS IN THE SYSTEM:
Electronic records regarding ITRS participants, subscribers, and
applicants, including their full names (first, middle, and last names);
the names of parents or guardians; full residential addresses; dates of
birth; last four digits of social security numbers (SSNs) or Tribal
identification numbers (or alternative proof of identification for
those who do not have an SSN or Tribal identification number); ten
digit telephone number(s) assigned in the TRS number directory and
associated uniform resource identifier (URI) information; users'
registered location information for emergency calling purposes;
eligibility certifications (digital copy) for ITRS program's service(s)
and date obtained from provider; users' VRS or IP CTS initiation dates
and (when applicable) termination dates; date on which user last placed
a point-to-point or relay call.
RECORD SOURCE CATEGORIES:
Information in this system is provided by individuals, or by
parents or guardians of minor individuals, who are deaf, deaf-blind,
hard of hearing or have speech disabilities to determine their
eligibility for ITRS programs; and by ITRS program providers for
registration of subscribers, participants, and applicants, and/or their
re-certification in ITRS programs.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE 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 of the
FCC as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
1. FCC Program Management--A record from this system may be
accessed and used by the ITRS-URD Administrator and to third-party
contractor's employees (including employees of subcontractors) to
conduct official duties associated with the administration, management,
and operation of the ITRS programs, as directed by the Commission. Such
duties include conducting the verification process that allows the
ITRS-URD administrator to determine
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the accuracy of the PII provided by or regarding participants,
subscribers, and applicants to the system of records, i.e., when an
employee of a third-party contractor (and/or subcontractor),
responsible for management registration and fraud prevention, verifies
the eligibility of the participant, registrant, or subscriber. The FCC
may share access to the information in the ITRS-URD for the purposes of
managing and/or eliminating waste, fraud, and abuse in the ITRS
programs, including as necessary for, among other things, audits,
oversight, and or investigations.
2. ADA Eligibility Verification Data--A record from this system may
be disclosed to the appropriate Federal, State, Tribal, or local
authorities (including transfers of PII data to/from the ITRS-URD
Administrator, contractors, and subcontractors, as required) for the
purposes of verifying whether individuals who are deaf, deaf-blind,
hard of hearing or have speech disabilities are eligible under the ADA
to register to participate in/subscribe to ITRS programs;
3. State or Tribal Agencies and Authorized Entities--A record from
this system may be disclosed to designated State or Tribal agencies and
other authorized entities, which include, but are not limited to state
public utility commissions, and their agents, as is consistent with
applicable Federal and State laws, to administer TRS or ITRS (as
applicable) programs in that state and to perform other management and
oversight duties and responsibilities, including determining
eligibility for TRS or ITRS programs.
4. FCC Enforcement Actions--When a record in this system involves
an informal complaint filed with the FCC alleging a violation of FCC
rules, regulations, orders, or requirements by an ITRS applicant,
subscriber, participant, licensee, certified or regulated entity/
provider, or an unlicensed person or entity, the complaint may be
served to the alleged violator for a response through the FCC's normal
course of complaint handling process. When an order or other
Commission-issued document that includes consideration of an informal
complaint or complaints is issued by the FCC for resolution or
enforcement, the complainant's name may be made public in that order or
letter document. Where a complainant in filing his or her complaint
explicitly requests that confidentiality of his or her name from public
disclosure, the Commission will endeavor to protect such information
from public disclosure. Complaints that contain requests for
confidentiality may be dismissed if the Commission determines that the
request impedes the Commission's ability to investigate and/or resolve
the complaint.
5. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from that Congressional office made at the written request of
that individual.
6. Government-wide Program Management and Oversight--To provide
information to the Department of Justice (DOJ) to obtain that
department's advice regarding disclosure obligations under FOIA; or to
OMB to obtain that office's advice regarding obligations under the
Privacy Act.
7. Law Enforcement and Investigation--To disclose pertinent
information to appropriate Federal, State, Tribal, or local agencies,
authorities, and officials responsible for investigating, prosecuting,
enforcing, or implementing a statute, rule, regulation, order, or other
requirement when the FCC becomes aware of an indication of a violation
or potential violation of a civil or criminal statute, law, regulation,
order, or other requirement.
8. Litigation--To disclose records to DOJ when: (a) the FCC or any
component thereof; (b) any employee of the FCC in his or her official
capacity; (c) any employee of the FCC in his or her individual capacity
where the DOJ or the FCC has agreed to represent the employee; or (d)
the United States Government is a party to litigation or has an
interest in such litigation, and by careful review, the FCC determines
that the records are both relevant and necessary to the litigation, and
the use of such records by the DOJ is for a purpose that is compatible
with the purpose for which the FCC collected the records.
9. Adjudication--To disclose records in a proceeding before a court
or adjudicative body, when: (a) the FCC or any component thereof; or
(b) any employee of the FCC in his or her official capacity; or (c) any
employee of the FCC in his or her individual capacity; or (d) the
United States Government, is a party to litigation or has an interest
in such litigation, and by careful review, the FCC determines that the
records are both relevant and necessary to the litigation, and that the
use of such records is for a purpose that is compatible with the
purpose for which the agency collected the records.
10. Breach Notification--To appropriate agencies, entities, and
persons when: (a) the Commission suspects or has confirmed that there
has been a breach of the system of records; (b) the Commission has
determined that as a result of the suspected or confirmed compromise
there is a risk of harm to individuals, the Commission (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 the Commission's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
11. Assistance to Federal Agencies and Entities Related to
Breaches--To another Federal agency or Federal entity, when the
Commission determines that information from this system 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, program, and operations),
the Federal Government, or national security, resulting from a
suspected or confirmed breach.
12. Non-Federal Personnel--To disclose information to non-Federal
personnel, including contractors, other vendors (e.g., identity
verification services), grantees, and volunteers who have been engaged
to assist the FCC in the performance of a contract service, grant,
cooperative agreement, or other activity related to this system of
records and who need to have access to the records in order to perform
their activity.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
This system contains electronic records, files, and data. The ITRS-
URD Program Administrator will host the electronic data, which will
reside in the administrator's ITRS-URD Program's database(s) and in the
databases of third-party contractors and subcontractors who conduct the
subscribers/participants' verification processes.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Records in this system of records can be retrieved by any category
field, e.g., first or last name or email address.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
The information in this system is maintained and disposed of in
accordance with NARA records schedule ``Telecommunications Relay
Service (TRS),'' Records Schedule Number DAA-0173-2015-0006.
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ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
The electronic records, files, and data are stored within FCC or a
vendor's accreditation boundaries and maintained in a database housed
in the FCC's or vendor's computer network databases. Access to the
electronic files is restricted to authorized employees and contractors;
and to IT staff, contractors, and vendors who maintain the IT networks
and services. Other employees and contractors may be granted access on
a need-to-know basis. The electronic files and records are protected by
the FCC and third-party privacy safeguards, a comprehensive and dynamic
set of IT safety and security protocols and features that are designed
to meet all Federal privacy standards, including those required by the
Federal Information Security Modernization Act of 2014 (FISMA), OMB,
and the National Institute of Standards and Technology (NIST).
RECORD ACCESS PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
CONTESTING RECORD PROCEDURES:
Individuals wishing to request access to and/or amendment of
records about themselves should follow the Notification Procedure
below.
NOTIFICATION PROCEDURES:
Individuals wishing to determine whether this system of records
contains information about themselves may do so by writing to
<a href="/cdn-cgi/l/email-protection#bbcbc9d2cddad8c2fbddd8d895dcd4cd"><span class="__cf_email__" data-cfemail="cfbfbda6b9aeacb68fa9acace1a8a0b9">[email protected]</span></a>. Individuals requesting access must also comply with
the FCC's Privacy Act regulations regarding verification of identity to
gain access to records as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
80 FR 6963 (February 9, 2015)
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-18945 Filed 8-31-23; 8:45 am]
BILLING CODE 6712-01-P
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