Notice2024-27901
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
November 29, 2024
Issuing agencies
Housing and Urban Development Department
Abstract
Pursuant to the provisions of the Privacy Act of 1974, as amended, the Department of the Housing and Urban Development (HUD), per Circular No. A-108, Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act (PA), notice is hereby given by the Office of Administration, the Privacy Office is establishing a new system called "Privacy Act Request Files (PARF)". This system covers all information collected, or stored, by HUD from the public under, and protected by the PA.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 230 (Friday, November 29, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Notices]
[Pages 94752-94754]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-27901]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-7092-N-41]
Privacy Act of 1974; System of Records
AGENCY: Office of Administration, HUD.
ACTION: Notice of a New System of Records.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, as
amended, the Department of the Housing and Urban Development (HUD), per
Circular No. A-108, Federal Agency Responsibilities for Review,
Reporting, and Publication under the Privacy Act (PA), notice is hereby
given by the Office of Administration, the Privacy Office is
establishing a new system called ``Privacy Act Request Files (PARF)''.
This system covers all information collected, or stored, by HUD from
the public under, and protected by the PA.
DATES: Comments will be accepted on or before December 30, 2024. This
proposed action will be effective on the date following the end of the
comment period unless comments are received which result in a contrary
determination.
ADDRESSES: You may submit comments, identified by docket number or by
one of the following methods:
Federal e-Rulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the
[[Page 94753]]
instructions provided on that site to submit comments electronically.
Fax: 202-619-8365.
Email: <a href="/cdn-cgi/l/email-protection#562121217826243f2037352f163e233278313920"><span class="__cf_email__" data-cfemail="027575752c72706b7463617b426a77662c656d74">[email protected]</span></a>.
Mail: Attention: Privacy Office; LaDonne White, Chief Privacy
Officer; Office of the Executive Secretariat; 451 Seventh Street SW,
Room 10139; Washington, DC 20410-0001.
Instructions: All submissions received must include the agency name
and docket number for this rulemaking. All comments received will be
posted without change to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, including any
personal information provided.
Docket: For access to the docket to read background documents or
comments received go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: LaDonne White; 451 Seventh Street SW,
Room 10139; Washington, DC 20410-0001; telephone number 202-708-3054
(this is not a toll-free number). Individuals who are hearing- or
speech-impaired may access this telephone number via TTY by calling the
Federal Relay Service at 800-877-8339 (this is a toll-free number). HUD
welcomes and is prepared to receive calls from individuals who are deaf
or hard of hearing, as well as individuals with speech or communication
disabilities. To learn more about how to make an accessible telephone
call, please visit <a href="https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs">https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs</a>.
SUPPLEMENTARY INFORMATION: The HUD Privacy Act Request Files covers all
information collected under the Privacy Act (PA) including but not
limited to PA information received via email, hardcopy communications,
and other authorized means, including HUD's Privacy Act tracking and
management, reporting, and e-Discovery software and tools. This system
also covers information pertaining to any administrative appeals or
litigation relating to Privacy Act requests to HUD or to another
agency.
HUD proposes a new system of records, titled ``Privacy Act Request
Files,'' to separate Privacy Act request records as an independent
system of records.
SYSTEM NAME AND NUMBER:
Privacy Act Request Files (PARF), HUD/ADM-05.
SECURITY CLASSIFICATION:
Unclassified.
SYSTEM LOCATION:
Records are maintained at HUD Headquarters, 451 7th Street SW,
Washington, DC 20410-0001.
SYSTEM MANAGER(S):
LaDonne White, Chief Privacy Officer, Office of Administration, 451
Seventh Street SW, Room 2184, Washington, DC 20410-0001. Phone: (202)
710-1298.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
Privacy Act, 5 U.S.C. 552a, and HUD Privacy Handbook 1325.1 Rev.
1.0.
PURPOSES OF THE SYSTEM:
This system enables HUD to manage Privacy Act administration
activities under the Privacy Act; process and track Privacy Act
requests and appeals; and record access and amendment requests filed
with HUD.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals who submit information, or appeals, covered by the
Privacy Act; individuals whose requests for records have been referred
to HUD by other agencies or entities; attorneys or other persons
representing individuals submitting such requests and appeals;
individuals who are the subject of such requests and appeals or whose
information may appear in records required for processing requests and
appeals; and individuals who file litigation based on their requests.
CATEGORIES OF RECORDS IN THE SYSTEM:
Name, address (home & email), date of birth, alias used by the
requester, requesters' parents' names (if applicable), dates requests
are submitted and received, related appeals, and agency responses which
could include internal Privacy Act administrative documents and
responsive records.
RECORD SOURCE CATEGORIES:
Individual.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND PURPOSES OF SUCH USES:
1. To a congressional office from the record of an individual, in
response to an inquiry at the request of that individual.
2. To contractors, grantees, experts, consultants and their agents,
or others performing or working under a contract, service agreement,
grant, cooperative agreement, or other agreement with HUD or under
contract to another agency when necessary to accomplish an agency
function related to a system of records. Disclosure requirements are
limited to only those data elements considered relevant to
accomplishing an agency function.
3. To appropriate agencies, entities, and persons when (1) HUD
suspects or has confirmed that there has been a breach of the system of
records, (2) HUD has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, HUD (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 HUD's efforts to respond to the suspected or confirmed
breach or to prevent, minimize, or remedy such harm.
4. To another Federal agency or Federal entity, when HUD 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.
5. To appropriate Federal, State, local, tribal, or other
governmental agencies or multilateral governmental organizations
responsible for investigating or prosecuting the violations of, or for
enforcing or implementing, a statute, rule, regulation, order, or
license, where HUD determines that the information would assist in the
enforcement of civil or criminal laws and when such records, either
alone or in conjunction with other information, indicate a violation or
potential violation of law. Records may only be disclosed upon a
showing by the requester that the information is pertinent to the
investigation.
6. To any component of the Department of Justice or other Federal
agency conducting litigation or in proceedings before any court,
adjudicative, or administrative body, and to another party before such
court, adjudicative, or administrative body; when HUD determines that
the use of such records is relevant and necessary to the litigation and
when any of the following is a party to the litigation or have an
interest in such litigation: (1) HUD, or any component thereof; or (2)
any HUD employee in his or her official capacity; or (3) any HUD
employee in his or her individual capacity where the Department of
Justice or agency conducting the litigation has agreed to represent the
employee; or (4) the United States, or any agency thereof, where HUD
determines that litigation is likely to affect HUD or any of its
components.
7. To the National Archives and Records Administration, Office of
[[Page 94754]]
Government Information Services (OGIS), to the extent necessary to
fulfill its responsibilities in 5 U.S.C. 552(h), to review
administrative agency policies, procedures and compliance with the
Freedom of Information Act (FOIA), and to facilitate OGIS' offering of
mediation services to resolve disputes between persons making FOIA
requests and administrative agencies.
8. To a court, magistrate, administrative tribunal, or arbitrator
in the course of presenting evidence, including disclosures to opposing
counsel or witnesses in the course of civil discovery, litigation,
mediation, or settlement negotiations, or in connection with criminal
law proceedings; when HUD determines that use of such records is
relevant and necessary to the litigation and when any of the following
is a party to the litigation or have an interest in such litigation:
(1) HUD, or any component thereof; or (2) any HUD employee in his or
her official capacity; or (3) any HUD employee in his or her individual
capacity where HUD has agreed to represent the employee; or (4) the
United States, or any agency thereof, where HUD determines that
litigation is likely to affect HUD or any of its components.
POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
Paper and electronic.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Name, email address, and contact number.
POLICIES AND PRACTICIES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are covered under General Records Schedule (GRS) 4.2,
Information Access and Protection Records. GRS 4.2 item 050, Privacy
Act Accounting of Disclosure files, are disposed of in accordance with
the subject individual records, or five years after the disclosure,
whichever is later. GRS 4.2 item 060, erroneous release files
associated with specific records, generally follow the original records
disposition or are destroyed six years after the erroneous release,
whichever is later.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
For Electronic Records: Records are maintained and stored on the
SharePoint environment, which runs on HUD's network. These records can
only be accessed based off the user's rights and privileges to the
system. Records are on an encrypted database system. This environment
complies with the security and privacy controls and procedures as
described in the Federal Information Security Management Act (FISMA),
National Institute of Standards and Technology (NIST) Special
Publications, and Federal Information Processing Standards (FIPS). A
valid HSPD-12 ID Credential, access to HUD's Local Area Network (LAN),
a valid User ID and Password and a Personalized Identification Number
(PIN) is required to access the records.
For Electronic Records (cloud based): Records are secured and
maintained on a cloud-based software server and operating system that
resides in Federal Risk and Authorization Management Program (FedRAMP)
and FISMA Moderate dedicated hosting environment. All data located in
the cloud-based server is firewalled and encrypted at rest and in
transit. The security mechanisms for handing data at rest and in
transit are in accordance with HUD encryption standards.
RECORD ACCESS PROCEDURES:
Individuals requesting records of themselves should address written
inquiries to the Department of Housing and Urban Development, 451 7th
Street SW, Washington, DC 20410-0001. For verification, individuals
should provide their full name, current address, and telephone number.
In addition, the requester must provide either a notarized statement or
an unsworn declaration made under 24 CFR 16.4.
CONTESTING RECORD PROCEDURES:
The HUD rule for contesting the content of any record pertaining to
the individual by the individual concerned is published in 24 CFR 16.8
or may be obtained from the system manager.
NOTIFICATION PROCEDURES:
Individuals requesting notification of records of themselves should
address written inquiries to the Department of Housing and Urban
Development, 451 7th Street SW, Washington, DC 20410-0001. For
verification purposes, individuals should provide their full name,
office or organization where assigned, if applicable, and current
address and telephone number. In addition, the requester must provide
either a notarized statement or an unsworn declaration made under 24
CFR 16.4.
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
N/A.
HISTORY:
N/A.
LaDonne White,
Chief Privacy Officer, Office of Administration.
[FR Doc. 2024-27901 Filed 11-27-24; 8:45 am]
BILLING CODE 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 November 29, 2024.
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.