Notice2023-24049
Privacy Act of 1974; System of Records
Primary source
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Published
November 1, 2023
Effective
December 1, 2023
Issuing agencies
Social Security Administration
Abstract
In accordance with the Privacy Act of 1974, we are issuing public notice of our intent to modify an existing system of records entitled, Race and Ethnicity Collection System (60-0104), last published on August 24, 2009. This notice publishes details of the modified system as set forth below under the caption, SUPPLEMENTARY INFORMATION.
Full Text
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<title>Federal Register, Volume 88 Issue 210 (Wednesday, November 1, 2023)</title>
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[Federal Register Volume 88, Number 210 (Wednesday, November 1, 2023)]
[Notices]
[Pages 75080-75083]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-24049]
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SOCIAL SECURITY ADMINISTRATION
[Docket No. SSA-2023-0028]
Privacy Act of 1974; System of Records
AGENCY: Social Security Administration (SSA).
ACTION: Notice of a modified system of records.
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SUMMARY: In accordance with the Privacy Act of 1974, we are issuing
public notice of our intent to modify an existing system of records
entitled, Race and Ethnicity Collection System (60-0104), last
published on August 24, 2009. This notice publishes details of the
modified system as set forth below under the caption, SUPPLEMENTARY
INFORMATION.
DATES: The system of records notice (SORN) is applicable upon its
publication in today's Federal Register, with the exception of the new
routine uses, which are effective December 1, 2023.
We invite public comment on the routine uses or other aspects of
this SORN. In accordance with the Privacy Act of 1974, we are providing
the public a 30-day period in which to submit comments. Therefore,
please submit any comments by December 1, 2023.
[[Page 75081]]
ADDRESSES: The public, Office of Management and Budget (OMB), and
Congress may comment on this publication by writing to the Executive
Director, Office of Privacy and Disclosure, Office of the General
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, or through the Federal e-Rulemaking
Portal at <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Please reference docket number
SSA-2023-0028. All comments we receive will be available for public
inspection at the above address, and we will post them to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Elisa Vasta, Government Information
Specialist, Privacy Implementation Division, Office of Privacy and
Disclosure, Office of the General Counsel, SSA, Room G-401 West High
Rise, 6401 Security Boulevard, Baltimore, Maryland 21235-6401,
telephone: (410) 966-5855, email: <a href="/cdn-cgi/l/email-protection#fa9f9693899bd48c9b898e9bba89899bd49d958c"><span class="__cf_email__" data-cfemail="d9bcb5b0aab8f7afb8aaadb899aaaab8f7beb6af">[email protected]</span></a> and Tristin
Dorsey, Government Information Specialist, Privacy Implementation
Division, Office of Privacy and Disclosure, Office of the General
Counsel, SSA, Room G-401 West High Rise, 6401 Security Boulevard,
Baltimore, Maryland 21235-6401, telephone: (410) 966-5855, email:
<a href="/cdn-cgi/l/email-protection#6317110a10170a0d4d070c1110061a231010024d040c15"><span class="__cf_email__" data-cfemail="413533283235282f6f252e33322438013232206f262e37">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: We are modifying the system of records name
from ``Race and Ethnicity Collection System (RECS), Social Security
Administration (SSA)'' to ``Race and Ethnicity Collection System
(RECS)'' to accurately reflect the system. We are clarifying the system
location to recognize that we may also maintain records in a cloud-
based environment. We are updating the system manager to reflect the
accurate SSA office. We are updating the authority for the maintenance
of the system to include sections 205(a) and 1110 of the Social
Security Act. We are clarifying the purpose of the system to reflect
SSA will use the information for research and statistical purposes.
In addition, we are clarifying the categories of individuals
covered by the system and the categories of records maintained in the
system for easier reading. We are expanding the record source
categories to include individuals who utilize our electronic
enumeration processes, existing SSA system of records, 60-0058--Master
Files of Social Security Number (SSN) Holders and SSN Applications, and
records generated by SSA internal processes. We are revising routine
use No. 3 to incorporate gender-inclusive language, in support of
Executive Order 13988, Preventing and Combating Discrimination on the
Basis of Gender Identity or Sexual Orientation. For routine use No. 4,
we are expanding it to recognize disclosures to contractors and
cooperative agreement awardees, and we are clarifying the purpose of
the disclosure is for SSA program evaluation, research, and statistical
reporting purposes. We are removing the list of technical requirements,
but note that when we disclose under this routine use, we will still
require a written agreement, which includes safeguards as we determine
are appropriate and necessary.
We are clarifying the purpose for which SSA will disclose
information in routine use No. 5, for consistency with language present
in all SSA SORNs. We are modifying routine use Nos. 7 and 8 for easier
reading. We are also adding a routine use to permit disclosures to the
Centers for Medicare and Medicaid Services, if records or information
were disclosed under applicable rules, regulations, and procedures in
effect prior to the date of enactment for the Social Security
Independence and Program Improvements Act of 1994.
Lastly, we are clarifying in the policies and practices for the
storage of records that SSA will maintain records in electronic form
only. We are updating the records retention and disposal schedule. We
are modifying the administrative, technical, and physical safeguards
for easier reading. We are modifying the record access procedures to
remove references to telephone, for consistency with agency access
regulations. We are modifying the notice throughout to correct
miscellaneous stylistic formatting and typographical errors of the
previously published notice, and to ensure the language reads
consistently across multiple systems. We are republishing the entire
notice for ease of reference.
In accordance with 5 U.S.C. 552a(r), we have provided a report to
OMB and Congress on this modified system of records.
Matthew Ramsey,
Executive Director, Office of Privacy and Disclosure, Office of the
General Counsel.
SYSTEM NAME AND NUMBER:
Race and Ethnicity Collection System (RECS), 60-0104.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Social Security Administration, Office of Systems, Office of
Systems Operations and Hardware Engineering, 6401 Security Boulevard,
Baltimore, MD 21235-6401.
Information is also located in additional locations in connection
with cloud-based services for business continuity purposes.
SYSTEM MANAGER(S):
Social Security Administration, Deputy Commissioner for Systems,
Office of Enterprise Information Systems, 6401 Security Boulevard,
Baltimore, MD 21235-6401, (410) 966-5855.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Sections 205(a), 702, 704, and 1110 of the Social Security Act, as
amended.
PURPOSE(S) OF THE SYSTEM:
We will use information in this system for research and statistical
purposes only, to help us ensure all SSA customers are treated
equitably.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
This system maintains information on individuals for whom we have
collected race and ethnicity information.
CATEGORIES OF RECORDS IN THE SYSTEM:
This system maintains records on individuals including, but not
limited to, SSN; race and ethnicity data in accordance with Federal
standards; and an indicator code identifying data source (e.g., Social
Security Number Application Process, Enumeration at Birth).
RECORD SOURCE CATEGORIES:
We obtain information in this system from the individual to whom
the record pertains; individuals who utilize our electronic enumeration
processes; and an existing SSA system of records, Master Files of SSN
Holders and SSN Applications, 60-0058.
ROUTINE USES OF RECORDS COVERED BY THE SYSTEM, INCLUDING CATEGORIES OF
USERS AND THE PURPOSES OF SUCH USES:
We will disclose records pursuant to the following routine uses;
however, we will not disclose any information defined as ``return or
return information'' under 26 U.S.C. 6103 of the Internal Revenue Code
(IRC), unless authorized by a statute, the Internal Revenue Service
(IRS), or IRS regulations.
1. To the Office of the President, in response to an inquiry from
that office made at the request of the subject of the record or a third
party on that person's behalf.
2. To a congressional office in response to an inquiry from that
office made at the request of the subject of a
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record or a third party on that person's behalf.
3. To the Department of Justice (DOJ), a court or other tribunal,
or another party before such court or tribunal when:
(a) SSA, or any component thereof;
(b) any SSA employee in their official capacity;
(c) any SSA employee in their individual capacity when DOJ (or SSA,
where it is authorized to do so) has agreed to represent the employee;
or
(d) the United States or any agency thereof when we determine that
the litigation is likely to affect SSA or any of our components, SSA is
a party to the litigation or has an interest in such litigation, and
SSA determines that the use of such records by DOJ, a court or other
tribunal, or another party before the tribunal is relevant and
necessary to the litigation, provided, however, that in each case, we
determine that such disclosure is compatible with the purpose for which
the records were collected.
4. To contractors, cooperative agreement awardees, Federal
agencies, State agencies, or a congressional support agency for SSA
program evaluation, research, and statistical reporting purposes. We
will disclose information under this routine use pursuant only to a
written agreement, which sets forth the required safeguards as we
determine are necessary and appropriate.
5. To contractors and other Federal agencies, as necessary, for
assisting SSA in the efficient administration of its programs. We will
disclose information under this routine use only in situations in which
SSA may enter into a contractual or similar agreement with a third
party to assist in accomplishing an agency function relating to this
system of records.
6. To student volunteers, individuals working under a personal
services contract, and others who technically do not have the status of
Federal employees, when they are performing work for us, as authorized
by law, and they need access to personally identifiable information
(PII) in our records in order to perform their assigned agency
functions.
7. To the National Archives Records Administration (NARA) under 44
U.S.C. 2904 and 2906.
8. To appropriate agencies, entities, and persons when:
(a) SSA suspects or has confirmed that there has been a breach of
the system of records;
(b) SSA has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, SSA (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 SSA's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
9. To Federal, State, and local law enforcement agencies and
private security contractors, as appropriate, information necessary:
(a) to enable them to ensure the safety of our employees and
customers, the security of our workplace, and the operation of our
facilities; or
(b) to assist investigations or prosecutions with respect to
activities that affect such safety and security or activities that
disrupt the operation of our facilities.
10. To another Federal agency or Federal entity, when we determine
that information from this system of records 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, programs, and operations), the Federal Government, or national
security, resulting from a suspected or confirmed breach.
11. To the Centers for Medicare and Medicaid Services, as required
by section 704(e) of the Social Security Act, records or information
needed for research and statistical activities if the records or
information are of such type that were disclosed under applicable
rules, regulations, and procedures in effect before the date of
enactment of the Social Security Independence and Program Improvements
Act of 1994.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
We will maintain records in this system in electronic form.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
We will retrieve records in this system by SSN.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
In accordance with NARA rules codified at 36 CFR 1225.16, we
maintain records in accordance with General Records Schedule (GRS) 3.1:
General Technology Management Records, item 012 and GRS 5.2: Transitory
and Intermediary Records, item 020.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
We retain electronic files containing personal identifiers in
secure storage areas accessible only by authorized individuals,
including our employees and contractors, who have a need for the
information when performing their official duties. Security measures
include, but are not limited to, the use of codes and profiles,
personal identification numbers and passwords, and personal
identification verification cards. We restrict access to specific
correspondence within the system based on assigned roles and authorized
users. We use audit mechanisms to record sensitive transactions as an
additional measure to protect information from unauthorized disclosure
or modification. To the maximum extent consistent with approved
research needs, we purge personal identifiers from microdata files
prepared for purposes of research and subject these files to procedural
safeguards to assure anonymity.
We annually provide authorized individuals, including our employees
and contractors, with appropriate security awareness training that
includes reminders about the need to protect PII and the criminal
penalties that apply to unauthorized access to, or disclosure of, PII
(5 U.S.C. 552a(i)(1)). Furthermore, authorized individuals with access
to databases maintaining PII must annually sign a sanctions document
that acknowledges their accountability for inappropriately accessing or
disclosing such information.
RECORD ACCESS PROCEDURES:
Individuals may submit requests for information about whether this
system contains a record about them by submitting a written request to
the system manager at the above address, which includes their name,
SSN, or other information that may be in this system of records that
will identify them. Individuals requesting notification of, or access
to, a record by mail must include: (1) a notarized statement to us to
verify their identity; or (2) must certify in the request that they are
the individual they claim to be and that they understand that the
knowing and willful request for, or acquisition of, a record pertaining
to another individual under false pretenses is a criminal offense.
Individuals requesting notification of, or access to, records in
person must provide their name, SSN, or other information that may be
in this system of records that will identify them, as well as provide
an identity document,
[[Page 75083]]
preferably with a photograph, such as a driver's license. Individuals
lacking identification documents sufficient to establish their identity
must certify in writing that they are the individual they claim to be
and that they understand that the knowing and willful request for, or
acquisition of, a record pertaining to another individual under false
pretenses is a criminal offense.
These procedures are in accordance with our regulations at 20 CFR
401.40 and 401.45.
CONTESTING RECORD PROCEDURES:
Same as record access procedures. Individuals should also
reasonably identify the record, specify the information they are
contesting, and state the corrective action sought and the reasons for
the correction with supporting justification showing how the record is
incomplete, untimely, inaccurate, or irrelevant. These procedures are
in accordance with our regulations at 20 CFR 401.65(a).
NOTIFICATION PROCEDURES:
Same as record access procedures. These procedures are in
accordance with our regulations at 20 CFR 401.40 and 401.45.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
HISTORY:
74 FR 42727, Race and Ethnicity Collection System.
83 FR 54969, Race and Ethnicity Collection System.
[FR Doc. 2023-24049 Filed 10-31-23; 8:45 am]
BILLING CODE 4191-02-P
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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.