Notice2025-05136
Privacy Act of 1974; System of Records
Primary source
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Published
March 26, 2025
Effective
April 25, 2025
Issuing agencies
National Labor Relations Board
Abstract
Pursuant to the provisions of the Privacy Act of 1974, the National Labor Relations Board ("NLRB" or "Agency") publishes this notice of a new system of records called "NLRB Freedom of Information Act Records (NLRB-37)." The Agency, elsewhere in the Federal Register, is also publishing a notice that it is rescinding two systems of records: NLRB FOIAonline (NLRB-35); and Freedom of Information Act Tracking System (FTS) and Associated Agency Files (NLRB-32). All persons are advised that, in the absence of submitted comments considered by the Agency as warranting modification of the notice as here proposed, it is the intention of the Agency that the notice shall be effective upon expiration of the comment period without further action.
Full Text
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<title>Federal Register, Volume 90 Issue 57 (Wednesday, March 26, 2025)</title>
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[Federal Register Volume 90, Number 57 (Wednesday, March 26, 2025)]
[Notices]
[Pages 13784-13786]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-05136]
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NATIONAL LABOR RELATIONS BOARD
Privacy Act of 1974; System of Records
AGENCY: National Labor Relations Board (NLRB).
ACTION: Notice of a new system of records.
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SUMMARY: Pursuant to the provisions of the Privacy Act of 1974, the
National Labor Relations Board (``NLRB'' or ``Agency'') publishes this
notice of a new system of records called ``NLRB Freedom of Information
Act Records (NLRB-37).'' The Agency, elsewhere in the Federal Register,
is also publishing a notice that it is rescinding two systems of
records: NLRB FOIAonline (NLRB-35); and Freedom of Information Act
Tracking System (FTS) and Associated Agency Files (NLRB-32). All
persons are advised that, in the absence of submitted comments
considered by the Agency as warranting modification of the notice as
here proposed, it is the intention of the Agency that the notice shall
be effective upon expiration of the comment period without further
action.
DATES: Written comments on the system's routine uses must be submitted
on or before April 25, 2025. The routine uses in this action will
become effective on April 25, 2025 unless written comments are received
that require a contrary determination.
ADDRESSES: All persons who desire to submit written comments for
consideration by the Agency in connection with this proposed notice of
the amended system of records shall mail them to the Agency's Senior
Agency Official for Privacy, National Labor Relations Board, 1015 Half
Street SE, Washington, DC 20570-0001, or submit them electronically to
<a href="/cdn-cgi/l/email-protection#b9c9cbd0cfd8dac0f9d7d5cbdb97ded6cf"><span class="__cf_email__" data-cfemail="8ffffde6f9eeecf6cfe1e3fdeda1e8e0f9">[email protected]</span></a>. Comments may also be
[[Page 13785]]
submitted electronically through <a href="http://www.regulations.gov">http://www.regulations.gov</a>, which
contains a copy of this proposed notice and any submitted comments.
FOR FURTHER INFORMATION CONTACT: Ibrahim M. Ibrahim, Privacy and
Information Security Specialist, Office of the Chief Information
Officer, National Labor Relations Board, 1015 Half Street SE,
Washington, DC 20570-0001, (202) 273-3733, or at <a href="/cdn-cgi/l/email-protection#deaeacb7a8bfbda79eb0b2acbcf0b9b1a8"><span class="__cf_email__" data-cfemail="78080a110e191b013816140a1a561f170e">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: The NLRB Freedom of Information Act Records
(NLRB-37) system contains electronic information of each request and
administrative appeal made to the Agency pursuant to the Freedom of
Information Act (FOIA), as well as correspondence related to the
requests and appeals, including names, addresses, telephone numbers,
and other information about a requester.
The NLRB Freedom of Information Act Records (NLRB-37) system
enables the NLRB to electronically receive, process, track, and store
requests from the public for federal records; store responsive records;
post responsive records to a website; collect data for annual reporting
requirements to the Department of Justice; and manage internal FOIA
administration activities. In addition, the NLRB Freedom of Information
Act Records (NLRB-37) system allows the public to submit and track FOIA
requests and appeals; to access requests and responsive records online;
and to obtain the status of requests filed with the NLRB.
The name of a third-party FOIA requester is publicly available and
searchable by the public. However, any other personally identifiable
information provided by a requester during the process of completing
the request form or creating an online account (e.g., home addresses,
email address, and contact information) will not be posted to the
website, nor will it be searchable by the public.
Personally identifiable information determined to be publicly
releasable and/or contained in documents released to the public under
FOIA will be publicly available and searchable by the public when
posted.
Individuals authorized to access the Agency FOIA system are the
Agency's Chief FOIA Officer; FOIA Officer; FOIA Branch management; and
FOIA processors. Members of the public can access responses to certain
third-party requests in an electronic reading room, and first-party
requesters can access responses to their own requests in a secured
portal.
Prior to the use of NLRB-37, the Agency used NLRB FOIAonline (NLRB-
35) (84 FR 67967 (Dec. 12, 2019)) and Freedom of Information Act
Tracking System (FTS) and Associated Agency Files (NLRB-32) (71 FR
74941 (Dec. 13, 2006)) as FOIA processing systems. The Agency,
elsewhere in the Federal Register, is publishing a RESCINDMENT OF
SYSTEMS OF RECORDS NOTICES for those two notices.
SYSTEM NAME AND NUMBER:
NLRB Freedom of Information Act Records (NLRB-37).
SECURITY CLASSIFICATION:
Unclassified and Controlled Unclassified Information.
SYSTEM LOCATION:
Records are stored within a government-certified cloud solution
overseen by the Agency's Office of the Chief Information Officer (OCIO)
based in Washington, DC, Headquarters. The Agency's address is
available on its website (<a href="http://www.nlrb.gov">www.nlrb.gov</a>).
SYSTEM MANAGER(S):
Assistant General Counsel/Freedom of Information Act Officer, FOIA
Branch, National Labor Relations Board. The Agency's address is
available on its website (<a href="http://www.nlrb.gov">www.nlrb.gov</a>).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
5 U.S.C. 552; 44 U.S.C. 3101.
PURPOSE(S) OF THE SYSTEM:
To provide the public a single location to submit and track FOIA
requests and administrative appeals filed with the NLRB; and permit the
NLRB to: (1) carry out responsibilities under the FOIA, Privacy Act,
and applicable executive orders; (2) collect data for quarterly and
annual reporting requirements to the Department of Justice; and (3)
manage litigation concerning such requests and appeals and internal
FOIA administration activities. NLRB Freedom of Information Act Records
(NLRB-37) may also be used to assist in evaluating Agency employee
performance.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Individuals filing requests or administrative appeals under the
FOIA; and current and former Agency employees assigned to process FOIA
requests and appeals.
CATEGORIES OF RECORDS IN THE SYSTEM:
A copy of each FOIA request received by the NLRB, which may include
information relating to individual requesters, including: names,
mailing addresses, email addresses, phone numbers, user names and
passwords for registered users, and administrative appeals and agency
responses that contain information about individuals. Records also
include communications with requesters, internal FOIA administrative
documents, notes or other related or supporting documentation,
responsive records, Agency personnel assignments, and data measuring or
related to the Agency's FOIA processing.
RECORDS SOURCE CATEGORIES:
Record source categories include the Agency's electronic case
management system (NxGen), the Agency's email system, Agency employees
processing of FOIA requests and providing information, FOIA requesters
and appellants, and documents relating to the processing of a FOIA
request.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSE OF SUCH USES:
Records may be disclosed:
1. to a federal, state, or local agency (including a bar
association or other legal licensing authority), charged with the
responsibility for investigating, defending, or pursuing violations of
law or rule (civil, criminal, or regulatory in nature), in any case in
which there is an indication of a violation or potential violation of
law or rule;
2. to another federal agency (a) with an interest in the record in
connection with a referral of a FOIA request to that agency for its
views or decision on disclosure, or (b) in order to obtain advice and
recommendations concerning matters on which the agency has specialized
experience or particular competence that may be useful to an agency in
making required determinations under the FOIA;
3. in a federal, state, or local proceeding or hearing, which is
administrative, judicial, or regulatory, in accordance with the
procedures governing such disclosure and proceeding or hearing,
including, but not limited to, National Labor Relations Board Rule 29
CFR 102.118, and such records are determined by the Agency to be
arguably relevant to the litigation;
4. to a submitter of records or subject of a record in order to
provide assistance to the NLRB in making a disclosure determination;
5. to the Agency's legal representative, including the Department
of Justice and other outside counsel, where the Agency is a party in
litigation or has an interest in litigation, including when any of the
following is a party to
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litigation or has an interest in such litigation: (a) The Agency, or
any component thereof; (b) any employee of the Agency in their official
capacity; (c) any employee of the Agency in their individual capacity,
where the Department of Justice has agreed or is considering a request
to represent the employee; or (d) the United States, where the Agency
determines that litigation is likely to affect the Agency or any of its
components;
6. to individuals who need the information in connection with the
processing of an internal Agency grievance;
7. to an arbitrator to resolve disputes under a negotiated Agency
grievance arbitration procedure;
8. to officials of labor organizations recognized under 5 U.S.C.,
chapter 71, when disclosure is not prohibited by law, and the data is
normally maintained by the Agency in the regular course of business and
is necessary for a full and proper discussion, understanding, and
negotiation of subjects within the scope of collective bargaining. The
foregoing shall have the identical meaning as 5 U.S.C. 7114(b)(4);
9. to a member of Congress or to a congressional staff member in
response to an inquiry of the congressional office made at the request
of the constituent about whom the records are maintained;
10. to the following federal agencies: (a) the Office of Management
and Budget in order to obtain advice regarding the Agency's obligations
under the Privacy Act, or to assist with the Agency's budget requests;
(b) the Department of Justice in order to obtain advice regarding the
Agency's obligations under the Freedom of Information Act; or (c) NARA,
in records management inspections conducted under the authority of 44
U.S.C. 2904 and 2906;
11. to contractors and other federal agencies, for the purpose of
assisting the Agency in further development and continuing maintenance
of electronic case tracking systems, or for assisting the Agency with
electronic document management for purposes of responding to discovery,
FOIA requests, or congressional inquiries;
12. to NARA, pursuant to records management inspections being
conducted under the authority of 44 U.S.C. 2904 and 2906, as well as to
NARA's Office of 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
FOIA, and to facilitate OGIS' offering of mediation services to resolve
disputes between persons making FOIA requests and administrative
agencies;
13. to appropriate agencies, entities, and persons when (1) the
National Labor Relations Board suspects or has confirmed that there has
been a breach of the system of records; (2) the National Labor
Relations Board has determined that as a result of the suspected or
confirmed breach there is a risk of harm to individuals, the National
Labor Relations Board (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 the National Labor Relations
Board's efforts to respond to the suspected or confirmed breach or to
prevent, minimize, or remedy such harm; and
14. to another federal agency or federal entity, when the National
Labor Relations Board 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 in electronic media.
POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
Requests are retrieved from the system by numerous data elements
and key word searches, including name, agency, date, subject, FOIA
tracking number, and other information retrievable with full-text
searching capability.
POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
Records are retained and disposed of in accordance with General
Records Schedule 4.2, Item 020, which provides for destruction six
years after final agency action, but longer retention is authorized if
required for business use.
ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
Electronic system-based access controls are in place to prevent
data misuse. Access to electronic information is controlled by
administrators who determine users' authorized access based on each
user's office and position within the office. Access criteria,
procedures, controls, and responsibilities are documented and
consistent with the policies stated in applicable guidance from the
NLRB Office of the Chief Information Officer. All network users are
also warned at the time of each network login that the system is for
use by authorized users only and that unauthorized or improper use is a
violation of law.
RECORDS ACCESS PROCEDURES:
Individuals seeking to gain access to their own records in this
system should contact the System Manager in accordance with the
procedures set forth in 29 CFR 102.119(b)-(c). Any options for remote/
electronic Privacy Act record access requests may also be found on the
Agency's website (<a href="https://www.nlrb.gov/privacy">https://www.nlrb.gov/privacy</a>).
CONTESTING RECORDS PROCEDURE:
Individuals may request amendment of a record in this system
pertaining to their own records by directing a request to the System
Manager in accordance with the procedures set forth in 29 CFR
102.119(d). As that subsection explains, the requester must provide
verification of identity as described in 29 CFR 102.119(e), and the
request must set forth the specific amendment requested and the reason
for the requested amendment.
NOTIFICATION PROCEDURES:
An individual may inquire as to whether this system contains a
record pertaining to such individual by directing a request to the
System Manager in accordance with the procedures set forth in 29 CFR
102.119(a).
EXEMPTIONS PROMULGATED FOR THE SYSTEM:
None.
HISTORY:
None.
Dated: Washington, DC, March 21, 2025.
By direction of the Board.
Roxanne L. Rothschild,
Executive Secretary.
[FR Doc. 2025-05136 Filed 3-25-25; 8:45 am]
BILLING CODE 7545-01-P
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</html>Indexed from Federal Register on March 26, 2025.
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.