[Federal Register Volume 62, Number 176 (Thursday, September 11, 1997)]
[Notices]
[Pages 47889-47891]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24041]


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SECURITIES AND EXCHANGE COMMISSION

[Release Nos. 34-39017; PA-22; File No. S7-24-97]


Privacy Act of 1974: Establishment of a New System of Records: 
Confidential Treatment Request Imaging System (SEC-26)

AGENCY: Securities and Exchange Commission.

ACTION: Notice of the establishment of a new system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission 
gives notice of the establishment of a new Privacy Act system of 
records: Confidential Treatment Request Imaging System (SEC-26).

DATES: Comments must be received no later than October 14, 1997. The 
new system of records will take effect

[[Page 47890]]

October 21, 1997, unless the Commission receives comments which would 
result in a contrary determination.

ADDRESSES: Persons wishing to submit comments should file three (3) 
copies thereof with Jonathan G. Katz, Secretary, Securities and 
Exchange Commission, 450 Fifth Street, NW, Washington, DC 20549. 
Reference should be made to File No. S7-24-97. Copies of the comments 
will be available for public inspection and copying at the Commission's 
Public Reference Room, 450 Fifth Street, NW, Washington, DC 20549.

FOR FURTHER INFORMATION CONTACT: Hannah R. Hall, Privacy Act Officer 
(202) 942-4320, Office of the Executive Director, Freedom of 
Information Act and Privacy Act Operations, Securities and Exchange 
Commission, Operations Center, 6432 General Green Way, Mail Stop O-5, 
Alexandria, VA 22312-2413.

SUPPLEMENTARY INFORMATION: The Commission gives notice of the 
establishment of a new system of records entitled Confidential 
Treatment Request Imaging System (SEC-26).<SUP>1</SUP>
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    \1\ In accordance with the Privacy Act of 1974, as amended, the 
Commission has provided advance notice of this new system of records 
to the Committee on Government Operations of the House of 
Representatives, the Committee on Government Affairs of the Senate, 
and the Office of Management and Budget (``OMB''), and invites 
public comment on the new system of records. 5 U.S.C. 552a (e) and 
(r); OMB Circular A-130.
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    The Commission is establishing a computerized system of records, 
using advanced imaging technology, to enhance its ability to store and 
retrieve confidential treatment requests (``CTRs'') <SUP>2</SUP> 
received by the Commission's Office of Freedom of Information Act and 
Privacy Act Operations (``FOIA/PA Office'') after June 
1992.<SUP>3</SUP> Since this system may be used to retrieve information 
about individuals by a word search, the Privacy Act of 1974, as 
amended, requires a general notice of the existence of this system of 
records to the public. The FOIA/PA Office will primarily use the system 
to process requests under the FOIA for agency records. Other Commission 
staff may also use records in the system to process subpoenas and 
discovery requests in connection with pending judicial or 
administrative proceedings, and Commission staff or Commission 
contractors may use the records in servicing the system. The CTRs 
received by the FOIA/PA Office usually identify the records for which 
confidentiality is being requested, the case number (composed of 
letters that represent the originating office--Commission Headquarters, 
or a Regional or District Office--and a sequential number), case or 
subject name, or names of the parties or individuals involved. The 
FOIA/PA Office uses case numbers to identify similar requests for 
confidential treatment. This system also contains miscellaneous 
requests submitted under other Commission confidential treatment rules.
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    \2\ Commission Rule 83, 17 CFR 200.83, provides a procedure 
whereby persons submitting information to the Commission may request 
that it not be disclosed under the Freedom of Information Act. This 
procedure does not apply where another procedure exists for 
requesting confidential treatment of the information.
    \3\ Each year, the FOIA/PA Office receives about 6,000 
confidential treatment requests. Those received between 1981 and 
June 1992 are maintained in microfiche. Because information 
maintained in these microfiche records is not retrievable by an 
individual's name or other personal identifier, these records are 
not subject to the notice requirements of the Privacy Act.
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    Accordingly, the Commission proposes to establish the following 
system of records, entitled Confidential Treatment Request Imaging 
System.
SEC-26

SYSTEM NAME:
    Confidential Treatment Request Imaging System-SEC.

SYSTEM LOCATION:
    Securities and Exchange Commission, Operations Center, Freedom of 
Information Act and Privacy Act Operations, 6432 General Green Way, 
Mail Stop O-5, Alexandria, VA 22312-2413.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Records are maintained on individuals whose names appear in 
requests for confidential treatment submitted to the Office of Freedom 
of Information Act and Privacy Act Operations.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Requests for confidential treatment submitted to the Office of 
Freedom of Information Act and Privacy Act Operations after June 1992, 
which may identify the case number, case or subject name, names of the 
companies or individuals involved, and the date of the submission.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    15 U.S.C. 77s, 77sss, 78d, 78d-1, 78d-2, 78w, 78ll(d), 79t, 80a-37, 
80b-11; 5 U.S.C. 552; and 17 CFR 200.83.

PURPOSE:
    The system is designed to enhance the Commission's ability to store 
and retrieve requests for confidential treatment received by the Office 
of Freedom of Information Act and Privacy Act Operations (``FOIA/PA 
Office'') after June 1992. The system will be used primarily by the 
staff of the FOIA/PA Office who review agency records in light of 
applicable requests for confidential treatment.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSE OF SUCH USES:
    These records and the information contained in these records may be 
used as follows:
    (1) In processing subpoenas or requests for discovery, in an 
administrative or judicial proceeding before a court or adjudicative 
body, to the extent that they are relevant and necessary to the 
proceeding; and
    (2) To Commission staff or the contractor providing support to 
permit servicing the system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained on optical diskettes, data cartridges, and 
paper records.

RETRIEVABILITY:
    Records may be retrieved by the case number, case or subject name, 
names of the companies or individuals involved, and the date of the 
submission. Record searches may be restricted to an individual's name 
by a word search.

SAFEGUARDS:
    Records are safeguarded through the use of appropriate computer 
passwords to restrict access. In addition, data cartridges (used for 
back-up storage of electronic records) are kept in a locked storage 
cabinet which may only be entered with a passkey. Paper records are 
kept in a locked file cabinet with restricted access. All records are 
housed in a building with a 24-hour security guard.

RETENTION AND DISPOSAL:
    Requests for confidential treatment received by the Office of 
Freedom of Information Act and Privacy Act Operations regarding 
investigatory records are maintained indefinitely. All others are 
retained for ten (10) years, in accordance with 17 CFR 200.80f.

SYSTEM MANAGER(s) AND ADDRESS:
    Freedom of Information Act/Privacy Act Officer, Securities and 
Exchange Commission, 6432 General Green Way, Mail Stop O-5, Alexandria, 
VA 22312-2413.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a 
record

[[Page 47891]]

pertaining to the requesting individual may be directed to the Privacy 
Act Officer, Securities and Exchange Commission, Operations Center, 
6432 General Green Way, Mail Stop O-5, Alexandria, VA 22312-2413.

RECORD ACCESS PROCEDURES:
    Persons wishing to obtain information on the procedures for gaining 
access to or contesting the contents of these records may contact the 
Privacy Act Officer, Securities and Exchange Commission, Operations 
Center, 6432 General Green Way, Mail Stop O-5, Alexandria, VA 22312-
2413.

CONTESTING RECORD PROCEDURES:
    See Record Access procedures above.

RECORD SOURCE CATEGORIES:
    Letters submitted to the Office of Freedom of Information Act and 
Privacy Act Operations, for confidential treatment of documents 
produced to other Commission staff, in connection with investigations, 
enforcement proceedings, registrations, studies, procurement/contracts, 
or other matters arising under or required by statute, law, rule, or 
regulation.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    By the Commission.
    Dated: September 4, 1997.

Margaret H. McFarland,
Deputy Secretary.
[FR Doc. 97-24041 Filed 9-10-97; 8:45 am]
BILLING CODE 8010-01-P