[Federal Register Volume 75, Number 166 (Friday, August 27, 2010)]
[Notices]
[Pages 52749-52751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21318]


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FEDERAL TRADE COMMISSION


Privacy Act of 1974; System of Records Notices

AGENCY: Federal Trade Commission (FTC).

ACTION: Notice of revised Privacy Act system notices.

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SUMMARY: The FTC is revising several of the notices that it is required 
to publish under the Privacy Act of 1974 to describe its systems of 
records about individuals. This action is intended to make these 
notices clearer, more accurate, and up-to-date.

DATES: This notice shall become final and effective on August 27, 2010.

FOR FURTHER INFORMATION CONTACT: Alex Tang, G. Richard Gold, or 
Lorielle L. Pankey, Attorneys, Office of the General Counsel, FTC, 600 
Pennsylvania Avenue, NW., Washington, DC 20580, (202) 326-2424.

SUPPLEMENTARY INFORMATION: To inform the public, the FTC publishes in 
the FEDERAL REGISTER and posts on its Web site a ``system of records 
notice'' (SORN) for each system of records about individuals that the 
FTC currently maintains within the meaning of the Privacy Act of 1974, 
as amended, 5 U.S.C. 552a. See (http://www.ftc.gov/foia/listofpaysystems.shtm). Each SORN describes the records maintained in 
that particular system, including the categories of individuals that 
the records in the system are about (e.g., FTC employees or consumers). 
Each system notice also contains information explaining how individuals 
can find out if that particular system contains any records about them.
    On June 12, 2008, the FTC republished and updated all of the FTC's 
SORNs, describing all of the agency's systems of records covered by the 
Privacy Act in a single document for ease of use and reference. 73 FR 
33592. To ensure the SORNs remain accurate, FTC staff engages in a 
comprehensive review of each SORN on a periodic basis. As a result of 
this systematic review, the FTC made revisions to several of its SORNs 
on April 17, 2009. 74 FR 17863. Based on subsequent review, the FTC is 
making the following revisions to several of its SORNs.\1\
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    \1\ The FTC is clarifying but not adding or changing any routine 
uses of its system records or making other significant system 
changes that would require prior public comment or notice to the 
Office of Management & Budget (OMB) and Congress. See U.S.C. 
552a(e)(11) and 552a(r); OMB Circular A-130, Appendix I.
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I. FTC Law Enforcement Systems of Records

    FTC-I-1 (Nonpublic Investigational and Other Nonpublic Legal 
Program Records--FTC). This SORN includes nonpublic investigational and 
other nonpublic program records. We have added language clarifying that 
certain debt collection-related records contained within this system 
are also legally part of the Government-wide system of records notice 
published for this system by the Department of Treasury, Financial 
Management System. See TREASURY/FMS.014, or any successor TREASURY/FMS 
system notice at (http://www.ustreas.gov) for more information. 
Therefore, these types of records also have the same purposes and 
routine uses as set forth in the Government-wide SORN.

II. FTC Personnel Systems of Records

    FTC-II-6 (Discrimination Complaint System--FTC). This SORN covers 
complaints, affidavits, supporting documents, memoranda, 
correspondence, and notes relevant to and compiled during pre-complaint 
matters, complaint investigations and other personnel matters at the 
FTC. We are revising the purpose section of this SORN in order to more 
fully describe the various issues that give rise to discrimination 
complaints.
    FTC-II-7 (Ethics Program Records-FTC). This SORN covers annual 
financial statements and other filings or requests made by FTC 
officials and employees under the FTC's ethics program. The FTC is 
including an additional means of disposing of these records.
    FTC-II-12 (Training Reservation System-FTC). This SORN covers 
records used in the employee training program administered by the FTC's 
Human Resources Management Office. The FTC is changing the name of this 
system and revising the categories of records, purpose, and 
retrievability sections. We are also clarifying that this system is 
legally part of the OPM's Government-wide system of records notice for 
this system, OPM/GOVT-1, which covers all official personnel training 
data; hence, it is subject to the same purposes and routine uses set 
forth for that system by OPM. See OPM/GOVT-1, or any successor OPM 
system notice that may be published for this system (visit 
(www.opm.gov) for more information). There are also some minor 
editorial changes.

III. FTC Financial Systems of Records

    FTC-III-2 (Travel Management System-FTC). This SORN covers travel 
documentation for FTC employees and other authorized individuals on 
official travel for the FTC. To the extent these travel data are 
collected and maintained by the FTC's travel management contractor, 
they are already covered by a Government-wide General Services 
Administration (GSA) SORN, GSA/GOVT-4 (Contracted Travel Services 
Program). See 71 FR 48764 (2006). Nonetheless, the FTC maintains this 
SORN to include those data as well as any other miscellaneous data that 
various FTC offices may collect and maintain in a system of records 
about individuals on official travel for the FTC. The FTC is revising 
the Category of Records section to implement Department of Homeland 
Security (DHS) Secure Flight requirements to include an individual 
traveler's date of birth and sex; that the name of the traveler within 
this system matches the name shown on a government issued-
identification (for example, driver's license or passport) while 
traveling; and an optional field for redress numbers (i.e., complaint 
or inquiry numbers). Under Secure Flight (http://www.tsa.gov/what_we_do/layers/secureflight/), a program developed by DHS in response to a 
key 9/11 Commission recommendation, DHS' Transportation Security 
Administration conducts uniform pre-screening of passenger information 
against federal government watch lists for domestic and international 
flights.

FTC Systems of Records Notices

    Accordingly, the FTC revises and updates the Privacy Act systems of 
records below as follows:

[[Page 52750]]

I. FTC Law Enforcement Systems of Records

FTC-I-1

SYSTEM NAME:

    Nonpublic Investigational and Other Nonpublic Legal Program 
Records--FTC.
* * * * *

CATEGORIES OF RECORDS IN THE SYSTEM:

    Records maintained in this system include information about 
individuals such as name, address, employment status, age, date of 
birth, financial information, credit information, social security 
number and personal history. Records in this system are collected and 
generated during law enforcement investigations and litigation and may 
include: copies of subpoenas and other compulsory process issued during 
the investigation; documents and records (including copies) obtained 
during the investigation in response to subpoenas and other compulsory 
process, or otherwise provided to the Commission; affidavits and other 
statements from witnesses; transcripts of testimony taken in the 
investigation and accompanying exhibits; internal staff memoranda; 
interview notes, investigative notes, staff working papers, draft 
materials, and other documents and records relating to the 
investigation; correspondence; and internal status reports including 
matter initiation reports, progress reports, and closing reports. 
Records in this system may also include other investigatory information 
or data relating to any of the following: docketed and consent matters; 
redress distribution proceedings; rulemakings, workshops, and other 
public proceedings, including comments or other materials submitted in 
such proceedings; assurances of voluntary compliance; and advisory 
opinions. Other types of records covered by this system are set out in 
the Department of Treasury, Financial Management Service's Privacy Act 
system of records notice TREASURY/FMS.014, or any successor system 
notice for this system (visit (http://www.ustreas.gov) for more 
information).
    This system is limited to files and records that are about an 
individual, and only when the file or record is pulled (``retrieved'') 
by the name of that individual or other personal identifier (e.g., 
number, symbol, fingerprint, etc.). As described below, records in this 
system may become public if they are subject to such disclosure under 
the FTC's Rules of Practice.
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:

* * * * *
    (5) Miscellaneous Uses
* * * * *
    (e) To be disclosed for any other routine use set forth in the 
Government-wide system of records notice published for this system by 
the Department of Treasury, Financial Management System, see TREASURY/
FMS.014, or any successor TREASURY/FMS system notice that may be 
published for this system (visit (http://www.ustreas.gov) for more 
information).
* * * * *

II. FTC Law Personnel Systems of Records

* * * * *

FTC-II-6

SYSTEM NAME:

    Discrimination Complaint System-FTC.
* * * * *

PURPOSE(S):

    To assist in the consideration given to reviews of potential or 
alleged violations of equal employment opportunity (EEO) statutes and 
regulations and to maintain records on pre-complaint and complaint 
matters relating to those issues; for the purpose of counseling, 
investigating, and adjudicating such complaints; to resolve issues 
related to alleged discrimination because of race, color, religion, 
sex, national origin, age, physical or mental disability, sexual 
orientation, or status as a parent in connection with EEO matters; to 
make reports to Office of Management and Budget, Merit Systems 
Protection Board, and Equal Employment Opportunity Commission. (This 
system corresponds to EEOC/GOVT-1, Equal Employment Opportunity in the 
Federal Government Complaint and Appeal Records.)
* * * * *

FTC-II-7

SYSTEM NAME:

    Ethics Program Records-FTC.
* * * * *

RETENTION AND DISPOSAL:

    In accordance with the National Archives and Records Administration 
General Records Schedules for ethics program records, these records are 
generally retained for a period of six years after filing, or for such 
other period of time as is provided for in that schedule for certain 
specified types of ethics records. In cases where records are filed by, 
or with respect to, a nominee for an appointment requiring confirmation 
by the Senate when the nominee is not appointed and Presidential and 
Vice-Presidential candidates who are not elected, the records are 
generally destroyed one year after the date the individual ceased being 
under Senate consideration for appointment or is no longer a candidate 
for office. However, if any records are needed in an ongoing 
investigation, they will be retained until no longer needed in the 
investigation. Destruction is by shredding, use of burn bags, or 
electronic deletion.
* * * * *

FTC-II-12

SYSTEM NAME:

    e-Train Learning Management System-FTC.
* * * * *

CATEGORIES OF RECORDS IN THE SYSTEM:

    Employee social security number, position title, pay plan, series, 
grade, organizational code, work address, work phone number, 
supervisor, date of birth, sex, race, work email address, course 
number, course title, course date and time, attendance indicator, 
separation date, etc.

PURPOSE(S):

    To provide information to agency managers necessary to indicate the 
training that has been requested and provided to individual employees; 
to determine course offerings and frequency; and to manage the training 
program administered by the Human Resources Management Office. Since 
this system is legally part of the OPM's Government-wide system of 
records notice for this system, OPM/GOVT-1, it is subject to the same 
purposes set forth for that system by OPM, see OPM/GOVT-1, or any 
successor OPM system notice that may be published for this system 
(visit (www.opm.gov) for more information).
* * * * *

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:

    Since this system is legally part of the OPM's Government-wide 
system of records notice for this system, OPM/

[[Page 52751]]

GOVT-1, it is subject to the same routine uses set forth for that 
system by OPM, see OPM/GOVT-1, or any successor OPM system notice that 
may be published for this system (visit (www.opm.gov) for more 
information).
    See also Appendix I for other ways that the Privacy Act permits the 
FTC to use or disclose system records outside the agency.

RETRIEVABILITY:

    Indexed by employee social security number and name.
* * * * *

III. FTC Financial Systems of Records

* * * * *

FTC-III-2

SYSTEM NAME:

    Travel Management System-FTC.
* * * * *

CATEGORIES OF RECORDS IN THE SYSTEM:

    Names (as they appear on government-issued driver's licenses or 
passports), dates of birth, sex, social security numbers, home and/or 
business phone numbers, home and/or business addresses, vendor ID or 
other unique 9-digit numbers, e-mail addresses, emergency contact 
information (names, addresses, and phone numbers), credit card 
information (personal and/or government-issued), and redress numbers. 
For traveling FTC employees or other individuals (e.g., witnesses) 
only, additional data may be maintained, such as passport numbers (for 
international travelers), frequent flyer or other rewards membership 
numbers, and trip-specific information (travel dates, flight numbers, 
destinations, accommodations, vehicle rental, miscellaneous expenses 
claimed).
    Other types of records covered by this system are set out in the 
General Services Administration (GSA) Privacy Act system of records 
notice applicable to this system, GSA/GOVT-4, or any successor system 
notice for this system.
* * * * *

Willard K. Tom,
General Counsel.
[FR Doc. 2010-21318 Filed 8-26-10; 8:45 am]
BILLING CODE 6750-01-S