[Federal Register Volume 76, Number 16 (Tuesday, January 25, 2011)]
[Notices]
[Pages 4476-4478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33025]


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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: Coordinating Center for Health Promotion, National Center for 
Chronic Disease Prevention and Health Promotion (NCCDPHP), Centers for 
Disease Control and Prevention (CDC), 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, 09-20-0160, ``Records of Subjects in Health 
Promotion and Education Studies, HHS/CDC/NCCDPHP.'' HHS is proposing 
adding 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 Chronic 
Disease Prevention and Health Promotion (NCCDPHP), Coordinating Center 
for Health Promotion

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 NCCDPHP receives comments that would 
result in a contrary determination.

ADDRESSES: You may submit comments, identified by the Privacy Act 
System of Record Number 09-20-0160:
    <bullet> Federal eRulemaking Portal: http://regulations.gov. Follow 
the instructions for submitting comments.
    <bullet> E-mail: Include PA SOR number 09-20-0160 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: NCCDPHP proposes to alter System of Records, 
No. 09-20-0160, ``Records of Subjects in Health Promotion and Education 
Studies, HHS/CDC/NCCDPHP.'' This record system enables the Centers for 
Disease Control and Prevention (CDC) officials to develop and evaluate 
existing health promotion programs for disease prevention and control, 
and to communicate new knowledge to the health community for the 
implementation of such programs.

[[Page 4477]]

    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 Chronic Disease Prevention and Health Promotion 
(NCCDPHP)

Records of Subjects in Health Promotion and Educational Studies

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. 09-20-0160 ``Records of Subjects in Health 
Promotion and Education Studies, HHS/CDC/NCCDPHP.'' HHS is proposing 
adding 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 the Centers for Disease Control and 
Prevention (CDC) officials to develop and evaluate existing health 
promotion programs for disease prevention and control, and to 
communicate new knowledge to the health community for the 
implementation of such programs.

II. Authority for Maintenance of the System

    Public Health Service Act, Section 301, ``Research and 
Investigation'' (42 U.S.C. 241).

III. Proposed Routine Use Disclosures of Data in the System

    The Privacy Act allows us to disclose information without an 
individual's consent if the information is to be used for a purpose 
that is compatible with the purpose(s) for which the information was 
collected. Any such compatible use of data is known as a ``routine 
use''. The routine uses proposed for this System are compatible with 
the stated purpose of the System:
    Disclosure may be made to CDC contractors in the conduct of 
research studies covered by this system notice and in the preparation 
of scientific reports, in order to accomplish the stated purpose of the 
system. The recipients will be required to maintain Privacy Act 
safeguards with respect to such records.
    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, 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 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 above address. 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.
    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 computer tapes/disks, CD 
ROMs, and file folders. The records in this System are retrieved by the 
name of individual, identification number; school name and year tested 
are some of the indices used to retrieve records from this system.
    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 
researchers and designated support staff of CDC or

[[Page 4478]]

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. 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. Computer work stations and 
automated records are located in secured areas.
    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, 
encryption, 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 backup 
procedures and secure off-site storage for backup tapes. When Privacy 
Act tapes are scratched, a special process is performed in which tapes 
are completely written over to avoid inadvertent data disclosure. 
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 Center LAN 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. Records are maintained in agency for 
two years. Source documents for computer 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 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: ``Records of Subjects in Health Promotion and 
Education Studies, HHS/CDC/NCCDPHP.''
    OMB Control Number: 09-20-0160.
    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. 2010-33025 Filed 1-24-11; 8:45 am]
BILLING CODE 4163-18-P