[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4485-4488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33029]


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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: Division of Global Migration and Quarantine, National Center 
for the Preparedness, Detection, and Control of Infectious Disease 
(NCPDCID), Coordinating Center for Infectious Diseases (CCID), 
Department of Health and Human Services (DHHS).

ACTION: Notification of proposed altered System of Records.

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SUMMARY: The Department of Health and Human Services proposes to alter 
System of Records, 09-20-0171, ``Quarantine and Traveler Related 
Activities, including Records for Contract Tracing Investigation and 
Notification under 42 CFR Parts 70 and 71, HHS/CDC/CCID.'' 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 Coordinating Center for 
Infectious Diseases (CCID), Division of Global Migration and 
Quarantine, National Center for the Preparedness, Detection, and 
Control of Infectious Disease (NCPDCID).

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 CCID receives comments that would 
result in a contrary determination.

ADDRESSES: You may submit comments, identified by the Privacy Act 
System of Record Number 09-20-0171:
    <bullet> Federal eRulemaking Portal: http://regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> E-mail: Include PA SOR number 09-20-0171 in the subject 
line of the message.
    <bullet> Phone: 770/488-8660 (not a toll-free number).
    <bullet> Fax: 770/488-8659.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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: CCID proposes to alter System of Records, 
No. 09-20-0171, ``Quarantine and Traveler Related Activities, including 
Records for Contract Tracing Investigation and Notification under 42 
CFR Parts 70 and 71, HHS/CDC/CCID''. This system maintains records on 
the conduct of activities (e.g., quarantine, isolation) that fulfill 
HHS's and CDC's statutory authority under sections 311, 361-368 of the 
Public Health Service Act to prevent the introduction, transmission and 
spread of communicable diseases.
    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

[[Page 4486]]

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)

Coordinating Center for Infectious Diseases (CCID)

Quarantine and Traveler Related Activities, Including Records for 
Contract Tracing Investigation and Notification Under 42 CFR Parts 70 
and 71

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. 09-20-0171 ``Quarantine and Traveler Related 
Activities, including Records for Contract Tracing Investigation and 
Notification under 42 CFR Parts 70 and 71, HHS/CDC/CCID.'' 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 system maintains records on the conduct of activities (e.g., 
quarantine, isolation) that fulfill HHS's and CDC's statutory authority 
under sections 311, 361-368 of the Public Health Service Act to prevent 
the introduction, transmission and spread of communicable diseases.
    Records are collected when individual known or suspected to have 
been exposed to serious communicable diseases arrives into the United 
States from foreign countries or is engaged in interstate or 
international movement These records are used to (1) document reports 
of illness that may pose a public health risk occurring while on board 
airplanes, maritime vessels, and at land-border crossings of persons 
arriving from foreign countries or traveling between States; (2) 
perform contact tracing investigations and notifications of passengers 
and crew when known or suspected exposures to serious communicable 
diseases occur on board a conveyance arriving in the United States from 
a foreign country or traveling from one State or possession to another; 
(3) inform international, Federal, State or local public health 
authorities so that these authorities may act to protect public health 
or safety; and (4) take such actions (e.g., quarantine or isolation) as 
necessary to prevent the introduction, transmission, and spread of 
serious communicable diseases from persons arriving into the United 
States from foreign countries or persons engaged in interstate or 
international movement.

II. Authority for Maintenance of the System

    Sections 311, 361-368 of the Public Health Service Act.

III. Proposed Routine Use Disclosures of Data in the System

    This System of Records contains information on Individuals subject 
to quarantine or isolation orders, ill travelers (i.e., passengers and 
crew), contacts of ill travelers, and/or individuals exposed or 
suspected of being exposed to serious communicable diseases.
    Passenger and crew manifests from conveyances carrying individuals 
subject to 42 CFR parts 70 and 71, case reports, illness response 
forms, medical assessments, medical records (including but not limited 
to clinical, hospital and laboratory data and data from other relevant 
tests), name, address, date of birth, and related information and 
documents collected for the purpose of carrying out agency 
responsibilities under sections 311 and 361-368 of the Public Health 
Services Act.
    Records may be disclosed to contractors to handle program work 
duties, performing many of the same functions as FTEs within DGMQ in 
situations where additional staff is required. Contractors are required 
to maintain Privacy Act safeguards with respect to such records.
    Records may be disclosed to State and local health departments and 
other cooperating medical and public health authorities and their 
counsel to more effectively deal with outbreaks and other significant 
public health conditions.
    Personal information from this system may be disclosed as a routine 
use to appropriate conveyance personnel, Federal agencies, State and 
local health departments, Department of State and embassy personnel 
(U.S. and foreign), and health authorities in foreign countries for 
contact tracing investigations and notifications of possible exposures 
to serious communicable diseases in connection with travel.
    Records may be disclosed to the Department of Homeland Security to 
restrict travel of persons who pose a public health risk and in the 
instance of suspected domestic or international terrorism.
    Disclosure may be made to medical personnel providing evaluation 
and care for ill or exposed persons, including travelers.
    Records may be disclosed to the World Health Organization in 
accordance with U.S. responsibilities as a signatory to the 
International Health Regulations or other international agreements.
    Personal information may be disclosed to Federal, State, and local 
authorities for taking necessary actions to place someone under 
quarantine or isolation, for enforcement of other quarantine 
regulations, or to protect the public's health and safety. Records may 
be disclosed to cooperating State and local legal departments enforcing 
concurrent legal authority related to quarantine or isolation 
activities.
    In the event that a system of records maintained by this agency to 
carry out its functions indicates a violation or potential violation of 
law, whether civil, criminal or regulatory in nature, and whether 
arising by general statute or particular program statute, or by 
regulation, rule or order issued pursuant thereto, the relevant records 
in the system of records may be referred, as a routine use, to the 
appropriate agency, whether Federal, foreign, State or local, charged 
with the responsibility of investigating or prosecuting such violation 
or charged with enforcing or implementing the statute, or rule, 
regulation or order issued pursuant thereto.
    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

[[Page 4487]]

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 Justice 
Department has agreed to represent such employee, disclosure may be 
made to the Department of Justice to enable that Department to present 
an effective defense.
    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:
    An individual may learn if a record exists about himself or herself 
by contacting the system manager at the address listed 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.
    A parent or guardian who requests notification of, or access to, a 
child's medical record shall designate a family physician or other 
health professional (other than a family member) to whom the record, if 
any, will be sent. The parent or guardian must verify relationship to 
the child by means of a birth certificate or court order, as well as 
verify that he or she is who he or she claims to be.
    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 Electronic media and file 
folders for hard-copy records. The records are retrieved by name of the 
individual or other identifying particulars.
    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 computer systems 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. Guard service in buildings provides 
personnel screening of visitors. 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. 
Computer files are backed up on a routine basis. Hard-copy records are 
stored in locked cabinets at CDC headquarters and CDC Quarantine 
stations which are located in a secure area of the airport.
    Procedural Safeguards: Protection for computerized records, both on 
the mainframe and the National Center 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 are routine daily back-up procedures, and 
secure off-site storage is available. To avoid inadvertent data 
disclosure, measures are taken to ensure that all data are removed from 
electronic media containing Privacy Act information. 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 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: The records in this System are retained and disposed of 
in the following way: Contact tracing records will be maintained in the 
agency until the contact investigation is complete or no longer than 
twelve months, in accordance with proposed retention schedules; 
remaining quarantine records would be maintained 10 or 20 years, based 
on the applicable CDC records control schedule. Disposal methods 
include wiping electronic media and macerating paper materials.

VI. OMB Control Numbers, Expiration Dates, and Titles of Information 
Collection

    A. Full Title: ``Quarantine and Traveler Related Activities, 
including Records for Contract Tracing Investigation and Notification 
under 42 CFR Parts 70 and 71, HHS/CDC/CCID''.
    OMB Control Number: 09-20-0171.
    Expiration Date: TBD.

VII. Supporting Documentation

    A. Preamble and Proposed Notice of System for publication in the 
Federal Register.
    B. Agency Rules: None.

[[Page 4488]]

    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. 2010-33029 Filed 1-24-11; 8:45 am]
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