4458 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

researchers’ data security procedures 

will protect confidentiality. 

Records may be disclosed by CDC in 

connection with public health activities 

to the Social Security Administration 

for sources of locating information to 

accomplish the research or program 

purposes for which the records were 

collected. 

Records subject to the Privacy Act are 

disclosed to private firms for data entry, 

computer systems analysis and 

computer programming services. The 

contractors promptly return data entry 

records after the contracted work is 

completed. The contractors are required 

to maintain Privacy Act safeguards. 

Records may be disclosed to 

appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

IV. Effects of the Proposed System of 

Records on Individual Rights 

The routine uses proposed for this 

System are compatible with the stated 

purpose of the System: 

The first routine use permits an 

individual may learn if a record exists 

about himself or herself by contacting 

the system manager at the address 

above. Requesters in person must 

provide driver’s license or other positive 

identification. Individuals who do not 

appear in person must either: (1) Submit 

a notarized request to verify their 

identity; or (2) certify that they are the 

individuals they claim to be and that 

they understand that the knowing and 

willful request for or acquisition of a 

record pertaining to an individual under 

false pretenses is a criminal offense 

under the Privacy Act subject to a 

$5,000 fine. 

An individual who requests 

notification of or access to medical 

records shall, at the time the request is 

made, designate in writing a responsible 

representative who is willing to review 

the record and inform the subject 

individual of its contents at the 

representative’s discretion. 

The following information must be 

provided when requesting notification: 

(1) Full name; (2) the approximate date 

and place of the study, if known; and (3) 

nature of the questionnaire or study in 

which the requester participated. 

Same as notification procedures. 

Requesters should also reasonably 

specify the record contents being 

sought. An accounting of disclosures 

that have been made of the record, if 

any, may be requested. 

V. Safeguards 

The records in this System are stored 

in file folders. Service fellow personnel 

data is also maintained in an automated 

database. The records in this System are 

retrieved by the name of the individual, 

fellow, or guest researcher. 

The records in this System have the 

following safeguards in place to 

maintain and protect the information as 

it relates to Authorized users, physical 

and procedural safeguards: 

Authorized users—Access is granted 

to only a limited number of physicians, 

scientists, statisticians, and designated 

support staff of the Centers for Disease 

Control and Prevention (CDC), as 

authorized by the system manager to 

accomplish the stated purposes for 

which the data in this system have been 

collected. 

Physical Safeguards—Locked cabinets 

in locked rooms, electronic antiintrusion devices in operation at the 

Federal Records Center, security guard 

service in buildings, personnel 

screening of visitors. 

Procedural Safeguards—Users of 

individually identified data protect 

information from public scrutiny, and 

only specifically authorized personnel 

may be admitted to the record storage 

area. CDC employees who maintain 

records are instructed to check with the 

system manager prior to making 

disclosures of data. 

Implementation Guidelines: The 

safeguards outlined above in accordance 

with the Chapter 45–13, ‘‘Safeguarding 

Records Contained in Systems of 

Records,’’ of the HHS General 

Administration Manual. 

The records in this System are 

retained and disposed of in the 

following way: Records are maintained 

in agency for three years. Personal 

identifiers are destroyed as soon as the 

system has stabilized, and statistical 

summaries can be run. Disposal 

methods include burning or shredding 

paper materials or transferring records 

to the Federal Records Center when no 

longer needed for evaluation and 

analysis. Records destroyed by paper 

recycling process when 20 years old, 

unless needed for further study. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Study at Work Sites 

Where Agents Suspected of Being 

Occupational Hazards Exist, HHS/CDC/ 

NIOSH.’’ 

OMB Control Number: 09–20–0118. 

Expiration Date: TBD. 

VII. Supporting Documentation 

A. Preamble and Proposed Notice of 

System for publication in the Federal 

Register. 

B. Agency Rules: None. 

C. Exemption Requested: None. 

D. Computer Matching Report: The 

new system does not require a matching 

report in accordance with the computer 

matching provisions of the Privacy Act. 

[FR Doc. 2010–33016 Filed 1–24–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Privacy Act of 1974; Report of Modified 

or Altered System of Records 

AGENCY: National Center for Infectious 

Diseases (NCID), Department of Health 

and Human Services (DHHS). 

ACTION: Notification of Proposed Altered 

System of Records. 

SUMMARY: The Department of Health and 

Human Services proposes to alter 

System of Records, 09–20–0136, 

‘‘Epidemiologic Studies and 

Surveillance of Disease Problems, HHS/ 

CDC/NCID.’’ HHS is proposing to add 

the following Breach Response Routine 

Use Language to comply with the Office 

of Management and Budget (OMB) 

Memoranda (M) 07–16, Safeguarding 

Against and Responding to the Breach 

of Personally Identifiable Information: 

To appropriate Federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

These records will be maintained by 

the National Center for Infectious 

Diseases (NCID). 

DATES: Comments must be received on 

or before February 24, 2011. The 

proposed altered System of Records will 

be effective 40 days from the date 

submitted to the OMB, unless NCID 

receives comments that would result in 

a contrary determination. 

ADDRESSES: You may submit comments, 

identified by the Privacy Act System of 

Record Number 09–20–0136: 

• Federal eRulemaking Portal: http:// 

regulations.gov. Follow the instructions 

for submitting comments. 

• E-mail: Include PA SOR number 

09–20–0136 in the subject line of the 

message. 

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Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 4459 

• Phone: 770/488–8660 (not a tollfree number). 

• Fax: 770/488–8659. 

• Mail: HHS/CDC Senior Official for 

Privacy (SOP), Office of the Chief 

Information Security Officer (OCISO), 

4770 Buford Highway—M/S: F–35, 

Chamblee, GA 30341. 

• Hand Delivery/Courier: HHS/CDC 

Senior Official for Privacy (SOP), Office 

of the Chief Information Security Officer 

(OCISO), 4770 Buford Highway—M/S: 

F–35, Chamblee, GA 30341. 

• Comments received will be 

available for inspection and copying at 

this same address from 9 a.m. to 3 p.m., 

Monday through Friday, Federal 

holidays excepted. 

SUPPLEMENTARY INFORMATION: NCID 

proposes to alter System of Records, No. 

09–20–0136, ‘‘Epidemiologic Studies 

and Surveillance of Disease Problems, 

HHS/CDC/NCID.’’ This record system 

enables Centers for Disease Control and 

Prevention (CDC) officials to better 

understand disease patterns in the 

United States, develop programs for 

prevention and control of health 

problems, and communicate new 

knowledge to the health community. 

This System of Record Notice is being 

altered to add the Breach Response 

Routine Use Language to comply with 

the Office of Management and Budget 

(OMB) memorandum dated May 22, 

2007. 

The following notice is written in the 

present tense, rather than the future 

tense, in order to avoid the unnecessary 

expenditure of public funds to republish 

the notice after the System has become 

effective. 

Dated: December 11, 2009. 

James D. Seligman, 

Chief Information Officer, Centers for Disease 

Control and Prevention. 

Editorial Note: This document was 

received at the Office of the Federal Register 

on December 27, 2010. 

Department of Health and Human 

Services (HHS) 

Centers for Disease Control and 

Prevention (CDC) 

National Center for Infectious Diseases 

(NCID) 

Epidemiologic Studies and Surveillance 

of Disease Problems—Report of 

Modified or Altered System of Records 

Narrative Statement 

I. Background and Purpose of the 

System 

A. Background 

The Department of Health and Human 

Services proposes to alter System of 

Records, No. 09–20–0136 

‘‘Epidemiologic Studies and 

Surveillance of Disease Problems, HHS/ 

CDC/NCID.’’ HHS is proposing to add 

the following Breach Response Routine 

Use Language to comply with the Office 

of Management and Budget (OMB) 

Memoranda (M) 07–16, Safeguarding 

Against and responding to the Breach of 

Personally Identifiable Information: 

To appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

B. Purpose 

This record system enables Centers 

for Disease Control and Prevention 

(CDC) officials to better understand 

disease patterns in the United States, 

develop programs for prevention and 

control of health problems, and 

communicate new knowledge to the 

health community. 

II. Authority for Maintenance of the 

System 

Public Health Service Act, Section 

301, ‘‘Research and Investigation,’’ (42 

U.S.C. 241); and Sections 304, 306 and 

308(d) which discuss authority and 

provide assurances of confidentiality for 

health research and related activities (42 

U.S.C. 242b, 242k, and 242m(d)). 

III. Proposed Routine Use Disclosures 

of Data in the System 

The following routine uses apply to 

all records in this system except those 

maintained under an assurance of 

confidentiality provided by Section 

308(d) of the Public Health Service Act 

(unless expressly authorized in the 

consent form or stipulated in the 

Assurance Statement): 

A record may be disclosed for a 

research purpose, when the Department: 

(A) Has determined that the use or 

disclosure does not violate legal or 

policy limitations under which the 

record was provided, collected, or 

obtained; 

(B) has determined that the research 

purpose (1) cannot be reasonably 

accomplished unless the record is 

provided in individually identifiable 

form, and (2) warrants the risk to the 

privacy of the individual that additional 

exposure of the record might bring; 

(C) has required the recipient to (1) 

establish reasonable administrative, 

technical, and physical safeguards to 

prevent unauthorized use or disclosure 

of the record, (2) remove or destroy the 

information that identifies the 

individual at the earliest time at which 

removal or destruction can be 

accomplished consistent with the 

purpose of the research project, unless 

the recipient has presented adequate 

justification of a research or health 

nature for retaining such information, 

and (3) make no further use or 

disclosure of the record except (a) in 

emergency circumstances affecting the 

health or safety of any individual, (b) for 

use in another research project, under 

these same conditions, and with written 

authorization of the Department, (c) for 

disclosure to a properly identified 

person for the purpose of an audit 

related to the research project, if 

information that would enable research 

subjects to be identified is removed or 

destroyed at the earliest opportunity 

consistent with the purpose of the audit, 

or (d) when required by law; 

(D) Has secured a written statement 

attesting to the recipient’s 

understanding of, and willingness to 

abide by these provisions. 

Disclosure may be made to 

organizations deemed qualified by the 

Secretary to carry out quality 

assessment, medical audits or 

utilization review. 

Records may be disclosed to health 

departments and other public health or 

cooperating medical authorities in 

connection with program activities and 

related collaborative efforts to deal more 

effectively with diseases and conditions 

of public health significance. 

Records may be disclosed to 

appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

of assisting the Department’s efforts to 

respond to a suspected or confirmed 

breach of the security or confidentiality 

of information disclosed is relevant and 

necessary for that assistance. 

IV. Effects of the Proposed System of 

Records on Individual Rights 

Disclosure may be made to a 

congressional office from the record of 

an individual in response to a verified 

inquiry from the congressional office 

made at the written request of that 

individual. 

In the event of litigation where the 

defendant is: (a) The Department, any 

component of the Department, or any 

employee of the Department in his or 

her official capacity; (b) the United 

States where the Department determines 

that the claim, if successful, is likely to 

directly affect the operations of the 

Department or any of its components; or 

(c) any Department employee in his or 

her individual capacity where the 

Department of Justice has agreed to 

represent such employee, for example, 

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4460 Federal Register / Vol. 76, No. 16 / Tuesday, January 25, 2011 / Notices 

in defending a claim against the Public 

Health Service based upon an 

individual’s mental or physical 

condition and alleged to have arisen 

because of activities of the Public Health 

Service in connection with such 

individual, disclosure may be made to 

the Department of Justice to enable that 

Department to present an effective 

defense, provided that such disclosure 

is compatible with the purpose for 

which the records were collected. 

Records may be disclosed by CDC in 

connection with public health activities 

to the Social Security Administration 

for sources of locating information to 

accomplish the research or program 

purposes for which the records were 

collected. 

Same as notification procedures. 

Requesters should also reasonably 

specify the record contents being 

sought. An accounting of disclosures 

that have been made of the record, if 

any, may be requested. 

V. Safeguards 

The records in this System are stored 

in computer tapes/disks, printouts, CD– 

ROMs, and file folders. The records are 

retrieved by name and by identification 

number. 

The records in this System have the 

following safeguards in place to 

maintain and protect the information as 

it relates to authorized users, physical 

and procedural safeguards: 

Authorized users—A database 

security package is implemented on 

CDC’s mainframe computer to control 

unauthorized access to the system. 

Attempts to gain access by unauthorized 

individuals are automatically recorded 

and reviewed on a regular basis. Access 

is granted to only a limited number of 

physicians, scientists, statisticians, and 

designated support staff of the Centers 

for Disease Control and Prevention 

(CDC), or its contractors, as authorized 

by the system manager to accomplish 

the stated purposes for which the data 

in this system have been collected. 

Physical Safeguards—Access to the 

CDC Clifton Road facility where the 

mainframe computer is located is 

controlled by a cardkey system. Access 

to the computer room is controlled by 

a cardkey and security code (numeric 

keypad) system. Access to the data entry 

area is also controlled by a cardkey 

system. The hard copy records are kept 

in locked cabinets in locked rooms. The 

local fire department is located directly 

next door to the Clifton Road facility. 

The computer room is protected by an 

automatic sprinkler system, numerous 

automatic sensors (e.g., water, heat, 

smoke, etc.) are installed, and a proper 

mix of portable fire extinguishers is 

located throughout the computer room. 

The system is backed up on a nightly 

basis with copies of the files stored off 

site in a secure fireproof safe. Security 

guard service in buildings provides 

personnel screening of visitors. 

Procedural Safeguards—Protection 

for computerized records both on the 

mainframe and the CIO Local Area 

Network (LAN) includes programmed 

verification of valid user identification 

code and password prior to logging on 

to the system, mandatory password 

changes, limited log-ins, virus 

protection, and user rights/file attribute 

restrictions. Password protection 

imposes user name and password log-in 

requirements to prevent unauthorized 

access. Each user name is assigned 

limited access rights to files and 

directories at varying levels to control 

file sharing. There is routine daily 

backup procedures and secure off-site 

storage is available for backup tapes. To 

avoid inadvertent data disclosure, 

‘‘degaussing’’ is performed to ensure that 

all data are removed from Privacy Act 

computer tapes and/or other magnetic 

media. Additional safeguards may be 

built into the program by the system 

analyst as warranted by the sensitivity 

of the data. 

CDC and contractor employees who 

maintain records are instructed to check 

with the system manager prior to 

making disclosures of data. When 

individually identified data are being 

used in a room, admittance at either 

CDC or contractor sites is restricted to 

specifically authorized personnel. 

Privacy Act provisions are included in 

contracts, and the CDC Project Director, 

contract officers and project officers 

oversee compliance with these 

requirements. Upon completion of the 

contract, all data will be either returned 

to CDC or destroyed, as specified by the 

contract. 

Implementation Guidelines: The 

safeguards outlined above are developed 

in accordance with the HHS Information 

Security Program Policy and FIPS Pub 

200, ‘‘Minimum Security Requirements 

for Federal Information and Information 

Systems.’’ Data maintained on CDC’s 

Mainframe and the National Centers’ 

LANs are in compliance with OMB 

Circular A–130, Appendix III. Security 

is provided for information collection, 

processing, transmission, storage, and 

dissemination in general support 

systems and major applications. 

The records in this System are 

retained and disposed of in the 

following way: Records are retained and 

disposed of in accordance with the CDC 

Records Control Schedule. Record copy 

of study reports are maintained in 

agency from two to three years in 

accordance with retention schedules. 

Source documents for computer are 

disposed of when no longer needed by 

program officials. Personal identifiers 

may be deleted from records when no 

longer needed in the study as 

determined by the system manager, and 

as provided in the signed consent form, 

as appropriate. Disposal methods 

include erasing computer tapes, burning 

or shredding paper materials or 

transferring records to the Federal 

Records Center when no longer needed 

for evaluation and analysis. Records are 

retained for 20 years; for longer periods 

if further study is needed. 

VI. OMB Control Numbers, Expiration 

Dates, and Titles of Information 

Collection 

A. Full Title: ‘‘Epidemiologic Studies 

and Surveillance of Disease Problems, 

HHS/CDC/NCID.’’ 

OMB Control Number: 09–20–0136. 

Expiration Date: TBD. 

VII. Supporting Documentation 

A. Preamble and Proposed Notice of 

System for publication in the Federal 

Register. 

B. Agency Rules: None. 

C. Exemption Requested: None. 

D. Computer Matching Report: The 

new system does not require a matching 

report in accordance with the computer 

matching provisions of the Privacy Act. 

[FR Doc. 2010–33017 Filed 1–24–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Privacy Act of 1974; Report of Modified 

or Altered System of Records 

AGENCY: Office of Global Program 

Support Services, Coordinating Office 

for Global Health (COGH), Department 

of Health and Human Services (DHHS). 

ACTION: Notification of Proposed Altered 

System of Records. 

SUMMARY: The Department of Health and 

Human Services proposes to alter 

System of Records, 09–20–0137, 

‘‘Passport File, HHS/CDC/COGH.’’ HHS 

is proposing to add the following Breach 

Response Routine Use Language to 

comply with the Office of Management 

and Budget (OMB) Memoranda (M) 07– 

16, Safeguarding Against and 

responding to the Breach of Personally 

Identifiable Information: 

To appropriate federal agencies and 

Department contractors that have a need 

to know the information for the purpose 

mstockstill on DSKH9S0YB1PROD with NOTICES2