Notice2023-18948
Privacy Act 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-1, Informal Complaints, Inquiries, and Requests for Dispute Assistance, 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 Commission uses records in this system to handle and process informal complaints, inquiries, and requests for dispute assistance received from individuals, groups, and other entities. This modification makes various necessary changes and updates, including 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 60459-60462]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18948]
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FEDERAL COMMUNICATIONS COMMISSION
[FR ID: 167766]
Privacy Act 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-1,
Informal Complaints, Inquiries, and Requests for Dispute Assistance,
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 Commission uses records in this system to
handle and process informal complaints, inquiries, and requests for
dispute assistance received from individuals, groups, and other
entities. This modification makes various necessary changes and
updates, including 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, Federal Communications
Commission, 45 L Street NE, Washington, DC 20554, or <a href="/cdn-cgi/l/email-protection#39494b504f585a40795f5a5a175e564f"><span class="__cf_email__" data-cfemail="9eeeecf7e8fffde7def8fdfdb0f9f1e8">[email protected]</span></a>.
FOR FURTHER INFORMATION CONTACT: Katherine C. Clark, (202) 418-1773, or
<a href="/cdn-cgi/l/email-protection#e8989a819e898b91a88e8b8bc68f879e"><span class="__cf_email__" data-cfemail="87f7f5eef1e6e4fec7e1e4e4a9e0e8f1">[email protected]</span></a> (and to obtain a copy of the Narrative Statement and
the
[[Page 60460]]
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-1, Informal Complaints, Inquiries, and Requests for Dispute
Assistance, by publication in the Federal Register on August 15, 2014
(79 FR 48154).
This notice serves to update and modify FCC/CGB-1 as a result of
the 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-1
system of records include:
1. Updating the language in the Security Classification to follow
OMB guidance;
2. Modifying the language in the Categories of Individuals and
Categories of Records to be consistent with the language and phrasing
now used in FCC SORNs;
3. Updating and/or revising language in the following routine uses
(listed by current routine use number: (3) Public Disclosure; (4) Law
Enforcement and Investigation; (5) Litigation; (6) Adjudication; (7)
Congressional Inquiries; (8) Government-wide Program Management and
Oversight; and (9) Breach Notification, the revision of which is as
required by OMB Memorandum No. M-17-12;
4. Adding two new routine uses (listed by current routine use
number): (10) 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 (11)
Non-Federal Personnel--to provide contractors, other vendors, grantees,
and volunteers who have been engaged to assist the FCC in the
performance of a contract, service, grant, cooperative agreement with
access to information;
5. Deleting former routine use (7) Department of Justice, which is
duplicative of current routine use (5) Litigation; and
6. Updating the existing records retention and disposal schedule
with a new records schedule, NARA General Records Schedule 6.5, Item
020 (DAA-0173-2019-0002).
The system of records is also 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-1, Informal Complaints, Inquiries, and Requests for Dispute
Assistance.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Consumer and Governmental Affairs Bureau, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554.
SYSTEM MANAGER(s):
Consumer and Governmental Affairs Bureau, Federal Communications
Commission (FCC), 45 L Street NE, Washington, DC 20554.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 1, 4, 206, 208, 225, 226, 227, 228, 255, 258, 301, 303,
309(e), 312, 362, 364, 386, 507, 710, 713, 716, 717, and 718 of the
Communications Act of 1934, as amended, 47 U.S.C. 151, 154, 206, 208,
225, 226, 227, 228, 255, 258, 301, 303, 309(e), 312, 362, 364, 386,
507, 610, 613, 617, 618, and 619; Sections 504 and 508 of the
Rehabilitation Act, 29 U.S.C. 794 and 794d; and 47 CFR 0.111, 0.141,
1.711 et seq., 14.30 et seq., 20.19, 64.604, 68.414 et seq., and 79.1
et seq.
PURPOSE(S) OF THE SYSTEM:
This system will collect informal consumer complaints, inquiries,
and requests for dispute assistance and related supporting materials
received from individuals, groups, and other entities; company replies
to informal consumer complaints, requests, inquiries, and Commission
letters regarding such complaints, requests, and inquiries; and other
submissions made by individuals, groups, or other entities. Collecting
and maintaining these types of information allow staff access to
documents necessary for key activities discussed in this SORN,
including processing informal complaints, inquiries, and requests for
dispute assistance; analyzing effectiveness and efficiency of related
FCC programs and informing future rule- 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 information that could
identify the complainant or correspondent, including the complainant's
name, address, telephone number, fax number, and/or email address.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals, and individual representatives of groups or other
entities who make or have made, or are responding to, informal consumer
complaints, inquiries, or requests for dispute assistance, as well as
Commission letters regarding such complaints, requests, and inquiries
on matters arising under the Communications Act of 1934, as amended,
and the Rehabilitation Act.
CATEGORIES OF RECORDS IN THE SYSTEM:
Computerized information contained in a database of inquiries,
requests for dispute assistance, informal consumer complaints, and
related supporting information, including personal contact information
or other identifying information provided by individuals, groups, or
other entities; company replies, including contact information, to
informal consumer complaints, requests, inquiries, and Commission
letters regarding such complaints, requests, and inquiries; and
submissions that individuals, groups, or other entities make,
including, but not limited to, submissions made by letter, fax,
telephone, email, and via the FCC web portal for consumer complaints.
RECORD SOURCE CATEGORIES:
Information in this system is provided by individuals, groups, and
other entities who make or have made, or are responding to, informal
consumer complaints, inquiries, or requests for dispute assistance, as
well as Commission letters regarding such complaints, requests, and
inquiries on matters arising under the Communications Act of 1934, as
amended, and the Rehabilitation Act.
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. Informal Consumer Complaints--When a record in this system
involves an informal consumer complaint filed
[[Page 60461]]
against a service provider (e.g., broadband, telecommunications,
broadcast, multi-channel video program, Voice over internet-Protocol
(VoIP), etc.), the complaint may be forwarded to the subject company
for a response, pursuant to Sections 4(i), 208, and 303(r) of the
Communications Act of 1934, as amended.
2. Informal Complaints, Inquiries, and Requests for Dispute
Assistance about Accessibility for Individuals with Disabilities--When
a record in this system involves an informal complaint, inquiry, or
request for dispute assistance involving or filed against a company
about accessibility for individuals with disabilities, the inquiry,
request, or informal complaint may be forwarded to the subject company
for a response, pursuant to Section 4(i), 208, and 303(r) of the
Communications Act of 1934, as amended.
3. Public Disclosure--When an order or other published Bureau- or
Commission-level action (including Notices of Proposed Rulemaking,
Reports and Orders, Notices of Apparent Liability, Forfeiture Orders,
Consent Agreements, Notice Letters, or all other actions released by a
Bureau or the Commission) includes consideration of informal complaints
(including informal complaints related to accessibility for individuals
with disabilities) filed against a company, the complainant's name may
be made public in that order or Commission action. Where a complainant
in filing his or her complaint explicitly requests 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.
4. Law Enforcement and Investigation--To disclose pertinent
information to the appropriate Federal, State, local, Tribal agency, or
a component of such an agency, responsible for investigating,
prosecuting, enforcing, or implementing a statute, rule, regulation, or
order, where the FCC becomes aware of an indication of a violation or
potential violation of civil or criminal law or regulation.
5. Litigation--To disclose records to the Department of Justice
(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.
6. 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.
7. Congressional Inquiries--To provide information to a
Congressional office from the record of an individual in response to an
inquiry from the Congressional office made at the written request of
that individual.
8. Government-wide Program Management and Oversight--To provide
information to the DOJ to obtain the 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.
9. Breach Notification--To appropriate agencies, entities, and
persons when: (a) the Commission suspects or has confirmed that there
has been a breach of Personally Identifiable Information (PII)
maintained in 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.
10. 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.
11. Non-Federal Personnel--To disclose information to non-Federal
personnel, including contractors, FCC program administrators (including
USAC), 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 to perform their activity.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
This is a cloud-based computing system that utilizes the provider-
supported application on the provider's cloud network (Software as a
Service or SaaS).
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 the NARA General Records Schedule 6.5, Item 020 (DAA-
0173-2019-0002).
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).
[[Page 60462]]
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#3e4e4c57485f5d477e585d5d10595148"><span class="__cf_email__" data-cfemail="7303011a0512100a331510105d141c05">[email protected]</span></a>. Individuals requesting access or amendment of records
must also comply with the FCC's Privacy Act regulations regarding
verification of identity as required under 47 CFR part 0, subpart E.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
79 FR 48152 (August 15, 2014).
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2023-18948 Filed 8-31-23; 8:45 am]
BILLING CODE 6712-01-P
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