[Federal Register Volume 79, Number 226 (Monday, November 24, 2014)]
[Notices]
[Pages 69894-69900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27745]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. PA-52; File No. S7-11-14]


Privacy Act of 1974: Systems of Records

AGENCY: Securities and Exchange Commission.

ACTION: Notice to revise two existing systems 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 
(``Commission'' or ``SEC'') proposes to revise two existing systems of 
records, ``Administrative Proceeding Files (SEC-36)'', last published 
in the Federal Register Volume 62 FR 47884 (September 11, 1997) and 
``Information Pertaining or Relevant to SEC Regulated Entities and 
Their Activities'' (SEC-55), last published in the Federal Register 
Volume 75 FR 35853 (June 23, 2010).

DATES: The proposed system will become effective January 5, 2015 unless 
further notice is given. The Commission will publish a new notice if 
the effective date is delayed to review comments or if changes are made 
based on comments received. To be assured of consideration, comments 
should be received on or before December 24, 2014.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

    <bullet> Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml); or
    <bullet> Send an email to <a href="/cdn-cgi/l/email-protection#91e3e4fdf4bcf2fefcfcf4ffe5e2d1e2f4f2bff6fee7"><span class="__cf_email__" data-cfemail="2654534a430b45494b4b434852556655434508414950">[email protected]</span></a>. Please include 
File Number S7-11-14 on the subject line.

Paper Comments

    Send paper comments in triplicate to Brent J. Fields, Secretary, 
U.S. Securities and Exchange Commission, 100 F Street NE., Washington, 
DC 20549-1090. All submissions should refer to File Number S7-11-14. 
This file number should be included on the subject line if email is 
used. To help process and review your comments more efficiently, please 
use only one method. The Commission will post all comments on the 
Commission's Internet Web site (http://www.sec.gov/rules/other.shtml). 
Comments are also available for Web site viewing and printing in the 
Commission's Public Reference Room, 100 F Street NE., Washington, DC 
20549, on official business days between the hours of 10:00 a.m. and 
3:00 p.m. All comments received will be posted without change; we do 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Todd Scharf, Acting Chief Privacy 
Officer, Office of Information Technology, 202-551-8800.

SUPPLEMENTARY INFORMATION:

[[Page 69895]]

    The Commission proposes to revise two existing systems of records, 
``Administrative Proceeding Files (SEC-36),'' and ``Information 
Pertaining or Relevant to SEC Regulated Entities and Their Activities 
(SEC-55).''
    The Administrative Proceedings Files (SEC-36) records are used in 
any proceeding where the federal securities laws are in issue or in 
which the Commission, or past or present members of its staff, is a 
party or otherwise involved in an official capacity. The SEC-36 system 
of records contains records on individuals that are involved in 
administrative proceedings before the SEC, including participants, 
witnesses, attorneys, and SEC employees. Substantive changes to SEC-36 
have been made to the following sections: (1) Categories of 
Individuals, to clarify specific individuals covered in the records; 
(2) Categories of Records, to add specific data elements collected on 
individuals, to include, names, addresses, email addresses, telephone 
numbers, and fax numbers; (3) Purpose, to state the purpose of the 
system, which was omitted in the last publication; (4) Authority for 
Maintenance of the System, to add additional regulatory authority 
authorizing the collection of information; (5) Routine Uses, to clarify 
categories of users in two routine uses located at numbers 2 and 13, to 
delete one routine use previously located at number 2, and to expand by 
seven routine uses located at numbers 1, 4, and 19-23; and (6) Storage, 
to expand to include electronic media. Additional minor administrative 
changes have been made to the Record Source Categories, Retrievability 
and Safeguards sections, to clarify internal handling practices for the 
records; and to the Notification, Access and Contesting Procedures 
sections, to update the Commission's current address.
    The Information Pertaining or Relevant to SEC Regulated Entities 
and Their Activities (SEC-55) records are used by SEC personnel in 
connection with their official functions, including but not limited to, 
conducting examinations for compliance with federal securities law, 
investigating possible violations of federal securities laws, and other 
matters relating to SEC regulatory and law enforcement functions. 
Substantive changes to SEC-55 have been made to the following sections: 
(1) Name, to clarify the type of records in the system; (2) Categories 
of Individuals, to clarify the specific individuals covered in the 
system of records; (3) Categories of Records, modified to include 
specific data elements collected on individuals, name, address, 
telephone number, and email address; and (4) Routine Uses, to expand by 
one new routine use located at number 22. Additional minor 
administrative changes have been made to the Safeguards section, to 
clarify internal handling practices for the records; and to the System 
Manager(s) and Address Section, to update the Commission's current 
address.
    The Commission has submitted a report of the revised systems of 
records to the appropriate Congressional Committees and to the Director 
of the Office of Management and Budget (``OMB'') as required by 5 
U.S.C. 552a(r) (Privacy Act of 1974) and guidelines issued by OMB on 
December 12, 2000 (65 FR 77677).
    Accordingly, the Commission is proposing to revise two existing 
systems of records to read as follows:
SEC-36

SYSTEM NAME:
    Administrative Proceeding Files.

SYSTEM LOCATION:
    Securities and Exchange Commission, 100 F Street NE., Washington, 
DC 20549.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Records are maintained on all individuals that are involved in 
administrative proceedings before the SEC, including, participants, 
witnesses, attorneys, SEC employees, contractors, students, interns, 
volunteers, affiliates, and others working on behalf of the SEC.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may include the names, addresses, email addresses, 
telephone numbers, and fax numbers of individuals named as 
participants; witnesses; attorneys; SEC employees and others working on 
behalf of the SEC. Additionally, records include orders for 
proceedings, answers, motions, responses, orders, offers of settlement 
and other pleadings, transcripts of all hearings and documents 
introduced as evidence therein; other relevant documents; and 
correspondence relating to proceedings.

PURPOSE(S):
    The records in this system may be utilized in any proceeding where 
the Federal securities laws are in issue or in which the Commission or 
past or present members of its staff is a party or otherwise involved 
in an official capacity.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    15 U.S.C. 77h(e), 77u, 78v, 78o(b), 80a-40, and 80b-12; the 
Commission's Rules of Practice, 17 CFR 201.100-900 and the Commission's 
Rules of Fair Fund and Disgorgement Plans, 17 CFR 201.1100-1106.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the Commission as a 
routine use pursuant to 5 U.S.C. 552 a(b)(3) as follows:
    1. To appropriate agencies, entities, and persons when (a) it is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) the SEC 
has determined that, as a result of the suspected or confirmed 
compromise, there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the SEC or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the SEC's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    2. To other federal, state, local, or foreign law enforcement 
agencies; securities self-regulatory organizations; and foreign 
financial regulatory authorities to assist in or coordinate regulatory 
or law enforcement activities with the SEC.
    3. To national securities exchanges and national securities 
associations that are registered with the SEC, the Municipal Securities 
Rulemaking Board; the Securities Investor Protection Corporation; the 
Public Company Accounting Oversight Board; the federal banking 
authorities, including, but not limited to, the Board of Governors of 
the Federal Reserve System, the Comptroller of the Currency, and the 
Federal Deposit Insurance Corporation; state securities regulatory 
agencies or organizations; or regulatory authorities of a foreign 
government in connection with their regulatory or enforcement 
responsibilities.
    4. By SEC personnel for purposes of investigating possible 
violations of, or to conduct investigations authorized by, the federal 
securities laws.

[[Page 69896]]

    5. In any proceeding where the federal securities laws are in issue 
or in which the Commission, or past or present members of its staff, is 
a party or otherwise involved in an official capacity.
    6. In connection with proceedings by the Commission pursuant to 
Rule 102(e) of its Rules of Practice, 17 CFR 201.102(e).
    7. To a bar association, state accountancy board, or other federal, 
state, local, or foreign licensing or oversight authority; or 
professional association or self-regulatory authority to the extent 
that it performs similar functions (including the Public Company 
Accounting Oversight Board) for investigations or possible disciplinary 
action.
    8. To a federal, state, local, tribal, foreign, or international 
agency, if necessary to obtain information relevant to the SEC's 
decision concerning the hiring or retention of an employee; the 
issuance of a security clearance; the letting of a contract; or the 
issuance of a license, grant, or other benefit.
    9. To a federal, state, local, tribal, foreign, or international 
agency in response to its request for information concerning the hiring 
or retention of an employee; the issuance of a security clearance; the 
reporting of an investigation of an employee; the letting of a 
contract; or the issuance of a license, grant, or other benefit by the 
requesting agency, to the extent that the information is relevant and 
necessary to the requesting agency's decision on the matter.
    10. To produce summary descriptive statistics and analytical 
studies, as a data source for management information, in support of the 
function for which the records are collected and maintained or for 
related personnel management functions or manpower studies; may also be 
used to respond to general requests for statistical information 
(without personal identification of individuals) under the Freedom of 
Information Act.
    11. To any trustee, receiver, master, special counsel, or other 
individual or entity that is appointed by a court of competent 
jurisdiction, or as a result of an agreement between the parties in 
connection with litigation or administrative proceedings involving 
allegations of violations of the federal securities laws (as defined in 
section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 
78c(a)(47)) or pursuant to the Commission's Rules of Practice, 17 CFR 
201.100-900 or the Commission's Rules of Fair Fund and Disgorgement 
Plans, 17 CFR 201.1100-1106, or otherwise, where such trustee, 
receiver, master, special counsel, or other individual or entity is 
specifically designated to perform particular functions with respect 
to, or as a result of, the pending action or proceeding or in 
connection with the administration and enforcement by the Commission of 
the federal securities laws or the Commission's Rules of Practice or 
the Rules of Fair Fund and Disgorgement Plans.
    12. To any persons during the course of any inquiry, examination, 
or investigation conducted by the SEC's staff, or in connection with 
civil litigation, if the staff has reason to believe that the person to 
whom the record is disclosed may have further information about the 
matters related therein, and those matters appeared to be relevant at 
the time to the subject matter of the inquiry.
    13. To interns, grantees, experts, contractors, and others who have 
been engaged by the Commission to assist in the performance of a 
service related to this system of records and who need access to the 
records for the purpose of assisting the Commission in the efficient 
administration of its programs, including by performing clerical, 
stenographic, or data analysis functions, or by reproduction of records 
by electronic or other means. Recipients of these records shall be 
required to comply with the requirements of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a.
    14. In reports published by the Commission pursuant to authority 
granted in the federal securities laws (as such term is defined in 
section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 
78c(a)(47)), which authority shall include, but not be limited to, 
section 21(a) of the Securities Exchange Act of 1934, 15 U.S.C. 
78u(a)).
    15. To members of advisory committees that are created by the 
Commission or by Congress to render advice and recommendations to the 
Commission or to Congress, to be used solely in connection with their 
official designated functions.
    16. To any person who is or has agreed to be subject to the 
Commission's Rules of Conduct, 17 CFR 200.735-1 to 200.735-18, and who 
assists in the investigation by the Commission of possible violations 
of the federal securities laws (as such term is defined in section 
3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(47)), 
in the preparation or conduct of enforcement actions brought by the 
Commission for such violations, or otherwise in connection with the 
Commission's enforcement or regulatory functions under the federal 
securities laws.
    17. To a Congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    18. To members of Congress, the press and the public in response to 
inquiries relating to particular Registrants and their activities, and 
other matters under the Commission's jurisdiction. In matters involving 
public proceedings, most of the records are available to the public.
    19. To prepare and publish information relating to violations of 
the federal securities laws as provided in 15 U.S.C. 78c(a)(47), as 
amended.
    20. To respond to subpoenas in any litigation or other proceeding.
    21. To a trustee in bankruptcy.
    22. To members of Congress, the General Accountability Office, or 
others charged with monitoring the work of the Commission or conducting 
records management inspections.
    23. To any governmental agency, governmental or private collection 
agent, consumer reporting agency or commercial reporting agency, 
governmental or private employer of a debtor, or any other person, for 
collection, including collection by administrative offset, federal 
salary offset, tax refund offset, or administrative wage garnishment, 
of amounts owed as a result of Commission civil or administrative 
proceedings.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in electronic and paper format. Electronic 
records are stored in computerized databases and/or electronic storage 
devices. Paper records and records on electronic storage devices may be 
stored in locked file rooms and/or file cabinets and/or secured 
buildings.

RETRIEVABILITY:
    Records are retrievable by party name, case name and/or commission 
file number through searchable databases. In some instances records may 
be retrieved by email address.

SAFEGUARDS:
    Access to SEC facilities, data centers, and information or 
information systems is limited to authorized personnel with official 
duties requiring access. SEC facilities are equipped with security 
cameras and 24-hour security guard service. The records are kept in 
limited access areas during duty hours and

[[Page 69897]]

secured areas at all other times. Computerized records are safeguarded 
in secured, encrypted environment. Security protocols meet the 
promulgating guidance as established by the National Institute of 
Standards and Technology (NIST) Security Standards from Access Control 
to Data Encryption, and Security Assessment & Authorization (SA&A). 
Records will be maintained in a secure, password-protected electronic 
system that will utilize commensurate safeguards that may include: 
Firewalls, intrusion detection and prevention systems, and role-based 
access controls. Additional safeguards will vary by program. All 
records are protected from unauthorized access through appropriate 
administrative, operational, and technical safeguards. These safeguards 
include: Restricting access to authorized personnel who have a ``need 
to know''; using locks; and password protection identification 
features. Contractors and other recipients providing services to the 
Commission shall be required to maintain equivalent safeguards.

RETENTION AND DISPOSAL:
    These records will be maintained until they become inactive, at 
which time they will be retired or destroyed in accordance with records 
schedules of the United States Securities and Exchange Commission and 
as approved by the National Archives and Records Administration

SYSTEM MANAGER(S) AND ADDRESS:
    Secretary, Office of the Secretary, Securities and Exchange 
Commission, 100 F Street NE., Washington, DC 20549-1091.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a 
record pertaining to the requesting individual may be directed to the 
FOIA/PA Officer, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-2736.

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 
FOIA/PA Officer, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-2736.

CONTESTING RECORD PROCEDURES:
    See Record access procedures above.

RECORD SOURCE CATEGORIES:
    Records are obtained from any person named as a respondent in an 
order instituting proceedings, any applicant named in the caption of 
any order, persons entitled to notice in any proceeding, any person 
seeking Commission review of a decision, any person representing a 
party in a proceeding and/or SEC personnel from a division or office 
assigned primary responsibility by the Commission to participate in a 
particular proceeding. Additionally, information may be obtained from 
any papers filed with the Commission in connection with a proceeding 
and internal Commission files.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.
SEC-55

SYSTEM NAME:
    Information Pertaining or Relevant to SEC Regulated Entities and 
Their Activities.

SYSTEM LOCATION:
    Securities and Exchange Commission, 100 F Street NE., Washington, 
DC 20549. Records also are maintained in the SEC Regional Offices.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Records concern individuals associated with entities or persons 
that are regulated by the SEC to include broker-dealers, investment 
advisers, investment companies, self-regulatory organizations, clearing 
agencies, nationally recognized statistical rating organizations, 
transfer agents, municipal securities dealers, municipal advisors, 
security-based swap dealers, security-based swap data repositories, 
major security-based swap participants, security-based swap execution 
facilities, and funding portals (individually, a ``Regulated Entity;'' 
collectively, ``Regulated Entities''). Records may also concern 
persons, directly or indirectly, with whom Regulated Entities or their 
affiliates have client relations or business arrangements.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Records may contain Regulated Entities' and their associated 
persons' names, addresses, telephone numbers and email addresses. 
Additionally, there may be information relating to the business 
activities and transactions of Regulated Entities and their associated 
persons, as well as their compliance with provisions of the federal 
securities laws and with other applicable rules.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    15 U.S.C. 78a et seq., 80a-1 et seq., and 80b-1 et seq.

PURPOSE(S):
    1. For use by authorized SEC personnel in connection with their 
official functions including, but not limited to, conducting 
examinations for compliance with federal securities laws, 
investigations into possible violations of the federal securities laws, 
and other matters relating to the SEC's regulatory and law enforcement 
functions.
    2. To maintain continuity within the SEC as to each Regulated 
Entity and to provide SEC staff with the background and results of 
earlier examinations of Regulated Entities, as well as an insight into 
current industry practices or possible regulatory compliance issues.
    3. To conduct lawful relational searches or analysis or filtering 
of data in matters relating to the SEC's examination, regulatory or law 
enforcement functions.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the Commission as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To appropriate agencies, entities, and persons when (a) it is 
suspected or confirmed that the security or confidentiality of 
information in the system of records has been compromised; (b) the SEC 
has determined that, as a result of the suspected or confirmed 
compromise, there is a risk of harm to economic or property interests, 
identity theft or fraud, or harm to the security or integrity of this 
system or other systems or programs (whether maintained by the SEC or 
another agency or entity) that rely upon the compromised information; 
and (c) the disclosure made to such agencies, entities, and persons is 
reasonably necessary to assist in connection with the SEC's efforts to 
respond to the suspected or confirmed compromise and prevent, minimize, 
or remedy such harm.
    2. To other federal, state, local, or foreign law enforcement 
agencies; securities self-regulatory organizations; and foreign 
financial regulatory authorities to assist in or coordinate regulatory 
or law enforcement activities with the SEC.
    3. To national securities exchanges and national securities 
associations that are registered with the SEC, the Municipal Securities 
Rulemaking Board; the Securities Investor Protection Corporation; the 
Public Company Accounting Oversight Board; the federal

[[Page 69898]]

banking authorities, including, but not limited to, the Board of 
Governors of the Federal Reserve System, the Comptroller of the 
Currency, and the Federal Deposit Insurance Corporation; state 
securities regulatory agencies or organizations; or regulatory 
authorities of a foreign government in connection with their regulatory 
or enforcement responsibilities.
    4. By SEC personnel for purposes of investigating possible 
violations of, or to conduct investigations authorized by, the federal 
securities laws.
    5. In any proceeding where the federal securities laws are in issue 
or in which the Commission, or past or present members of its staff, is 
a party or otherwise involved in an official capacity.
    6. In connection with proceedings by the Commission pursuant to 
Rule 102(e) of its Rules of Practice, 17 CFR 201.102(e).
    7. To a bar association, state accountancy board, or other federal, 
state, local, or foreign licensing or oversight authority; or 
professional association or self-regulatory authority to the extent 
that it performs similar functions (including the Public Company 
Accounting Oversight Board) for investigations or possible disciplinary 
action.
    8. To a federal, state, local, tribal, foreign, or international 
agency, if necessary to obtain information relevant to the SEC's 
decision concerning the hiring or retention of an employee; the 
issuance of a security clearance; the letting of a contract; or the 
issuance of a license, grant, or other benefit.
    9. To a federal, state, local, tribal, foreign, or international 
agency in response to its request for information concerning the hiring 
or retention of an employee; the issuance of a security clearance; the 
reporting of an investigation of an employee; the letting of a 
contract; or the issuance of a license, grant, or other benefit by the 
requesting agency, to the extent that the information is relevant and 
necessary to the requesting agency's decision on the matter.
    10. To produce summary descriptive statistics and analytical 
studies, as a data source for management information, in support of the 
function for which the records are collected and maintained or for 
related personnel management functions or manpower studies; may also be 
used to respond to general requests for statistical information 
(without personal identification of individuals) under the Freedom of 
Information Act.
    11. To any trustee, receiver, master, special counsel, or other 
individual or entity that is appointed by a court of competent 
jurisdiction, or as a result of an agreement between the parties in 
connection with litigation or administrative proceedings involving 
allegations of violations of the federal securities laws (as defined in 
section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 
78c(a)(47)) or pursuant to the Commission's Rules of Practice, 17 CFR 
201.100-900 or the Commission's Rules of Fair Fund and Disgorgement 
Plans, 17 CFR 201.1100-1106, or otherwise, where such trustee, 
receiver, master, special counsel, or other individual or entity is 
specifically designated to perform particular functions with respect 
to, or as a result of, the pending action or proceeding or in 
connection with the administration and enforcement by the Commission of 
the federal securities laws or the Commission's Rules of Practice or 
the Rules of Fair Fund and Disgorgement Plans.
    12. To any persons during the course of any inquiry, examination, 
or investigation conducted by the SEC's staff, or in connection with 
civil litigation, if the staff has reason to believe that the person to 
whom the record is disclosed may have further information about the 
matters related therein, and those matters appeared to be relevant at 
the time to the subject matter of the inquiry.
    13. To interns, grantees, experts, contractors, and others who have 
been engaged by the Commission to assist in the performance of a 
service related to this system of records and who need access to the 
records for the purpose of assisting the Commission in the efficient 
administration of its programs, including by performing clerical, 
stenographic, or data analysis functions, or by reproduction of records 
by electronic or other means. Recipients of these records shall be 
required to comply with the requirements of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a.
    14. In reports published by the Commission pursuant to authority 
granted in the federal securities laws (as such term is defined in 
section 3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 
78c(a)(47)), which authority shall include, but not be limited to, 
section 21(a) of the Securities Exchange Act of 1934, 15 U.S.C. 
78u(a)).
    15. To members of advisory committees that are created by the 
Commission or by Congress to render advice and recommendations to the 
Commission or to Congress, to be used solely in connection with their 
official designated functions.
    16. To any person who is or has agreed to be subject to the 
Commission's Rules of Conduct, 17 CFR 200.735-1 to 200.735-18, and who 
assists in the investigation by the Commission of possible violations 
of the federal securities laws (as such term is defined in section 
3(a)(47) of the Securities Exchange Act of 1934, 15 U.S.C. 78c(a)(47)), 
in the preparation or conduct of enforcement actions brought by the 
Commission for such violations, or otherwise in connection with the 
Commission's enforcement or regulatory functions under the federal 
securities laws.
    17. To a Congressional office from the record of an individual in 
response to an inquiry from the Congressional office made at the 
request of that individual.
    18. To members of Congress, the press, and the public in response 
to inquiries relating to particular Registrants and their activities, 
and other matters under the Commission's jurisdiction.
    19. To prepare and publish information relating to violations of 
the federal securities laws as provided in 15 U.S.C. 78c(a)(47), as 
amended.
    20. To respond to subpoenas in any litigation or other proceeding.
    21. To a trustee in bankruptcy.
    22. To any governmental agency, governmental or private collection 
agent, consumer reporting agency or commercial reporting agency, 
governmental or private employer of a debtor, or any other person, for 
collection, including collection by administrative offset, federal 
salary offset, tax refund offset, or administrative wage garnishment, 
of amounts owed as a result of Commission civil or administrative 
proceedings.
    23. To members of Congress, the Government Accountability Office, 
or others charged with monitoring the work of the Commission or 
conducting records management inspections.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in electronic and paper format. Electronic 
records are stored in computerized databases and/or electronic storage 
devices. Paper records and records on electronic storage devices may be 
stored in locked file rooms and/or file cabinets and/or secured 
buildings.

RETRIEVABILITY:
    Information is indexed by name of the Regulated Entity or by 
certain SEC identification numbers. Information

[[Page 69899]]

regarding individuals may be obtained through the use of cross-
reference methodology or some form of personal identifier. Access for 
inquiry purposes is via a computer terminal.

SAFEGUARDS:
    Access to SEC facilities, data centers, and information or 
information systems is limited to authorized personnel with official 
duties requiring access. SEC facilities are equipped with security 
cameras and 24-hour security guard service. The records are kept in 
limited access areas during duty hours and secured areas at all other 
times. Computerized records are safeguarded in secured, encrypted 
environment. Security protocols meet the promulgating guidance as 
established by the National Institute of Standards and Technology 
(NIST) Security Standards from Access Control to Data Encryption, and 
Security Assessment & Authorization (SA&A). Records will be maintained 
in a secure, password-protected electronic system that will utilize 
commensurate safeguards that may include: firewalls, intrusion 
detection and prevention systems, and role-based access controls. 
Additional safeguards will vary by program. All records are protected 
from unauthorized access through appropriate administrative, 
operational, and technical safeguards. These safeguards include: 
restricting access to authorized personnel who have a ``need to know''; 
using locks; and password protection identification features. 
Contractors and other recipients providing services to the Commission 
shall be required to maintain equivalent safeguards.

RETENTION AND DISPOSAL:
    These records will be maintained until they become inactive, at 
which time they will be retired or destroyed in accordance with records 
schedules of the United States Securities and Exchange Commission and 
as approved by the National Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    Chief Information Officer, Office of Information Technology, 
Securities and Exchange Commission, 100 F Street NE., Washington, DC 
20549-4949.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a 
record pertaining to the requesting individual may be directed to the 
FOIA/PA Officer, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-2736.

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 
FOIA/PA Officer, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-2736.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures above.

RECORD SOURCE CATEGORIES:
    Record sources include filings made by Regulated Entities; 
information obtained through examinations or investigations of 
Regulated Entities and their activities; information contained in SEC 
correspondence with Regulated Entities; information received from other 
federal, state, local, foreign or other regulatory organizations or law 
enforcement agencies; complaint information received by the SEC via 
letters, telephone calls, emails or any other form of communication; 
and data obtained from third-party sources.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    By the Commission.
    Dated: November 19, 2014.
 Brent J. Fields,
Secretary.

Report Of Notice To Revise A System Of Records

    System Name: Administrative Proceeding Files (SEC-36).
    Introduction: In accordance with the requirements of the Privacy 
Act of 1974, 5 U.S.C. 552a, the Securities and Exchange Commission 
(``Commission'' or ``SEC'') proposes to revise the system of records 
titled ``Administrative Proceeding Files (SEC-36).'' Administrative 
Proceeding Files (SEC-36) records are used by SEC personnel in 
connection with any proceeding where the federal securities laws are in 
issue or in which the Commission or past or present members of its 
staff is a party or otherwise involved in an official capacity. 
Substantive changes to SEC-36 have been made to the following sections: 
(1) Categories of Individuals, to clarify specific individuals covered 
in the records; (2) Categories of Records, to add specific data 
elements collected on individuals, to include, names, addresses, email 
addresses, telephone numbers, and fax numbers; (3) Purpose, to state 
the purpose of the system, which was omitted in the last publication; 
(4) Authority for Maintenance of the System, to add additional 
regulatory authority authorizing the collection of information; (5) 
Routine Uses, to clarify categories of users in two routines uses 
located at numbers 2 and 13, to delete one routine use previously 
located at number 2, and to expand by seven routine uses located at 
numbers 1, 4, and 19-23; and (6) Storage, to expand to include 
electronic media. Additional minor administrative changes have been 
made to the Record Source Categories, Retrievability and Safeguards 
sections, to clarify internal handling practices for the records; and 
to the Notification, Access and Contesting Procedures sections, to 
update the Commission's current address.
    Purpose: The records are used in any proceeding where the federal 
securities laws are in issue or in which the Commission, or past or 
present members of its staff is a party or otherwise involved in an 
official capacity.
    Authority: 15 U.S.C. 77h(e), 77u, 78v, 78o(b), 80a-40, and 80b-12; 
the Commission's Rules of Practice, 17 CFR 201.100-900 and the 
Commission's Rules of Fair Fund and Disgorgement Plans, 17 CFR 
201.1100-1106.
    Probable effect on individual privacy or other rights: The records 
in this system may reveal personal information about individuals. We 
will disclose information under the routine uses only as necessary to 
accomplish the stated purpose. We do not anticipate that the routine 
use disclosures will have an unwarranted adverse effect on the rights 
of the individuals to whom the records pertain.
    Security provided for this system: Access to SEC facilities, data 
centers, and information or information systems is limited to 
authorized personnel with official duties requiring access. SEC 
facilities are equipped with security cameras and 24-hour security 
guard service. The records are kept in limited access areas during duty 
hours and secured areas at all other times. Computerized records are 
safeguarded in secured, encrypted environment. Security protocols meet 
the promulgating guidance as established by the National Institute of 
Standards and Technology (NIST) Security Standards from Access Control 
to Data Encryption, and Security Assessment & Authorization (SA&A). 
Records will be maintained in a secure, password-protected electronic 
system that will utilize commensurate safeguards that may include: 
firewalls, intrusion detection and prevention systems, and role-based 
access controls. Additional safeguards will vary by program. All 
records are protected from unauthorized access through appropriate 
administrative, operational, and technical safeguards. These safeguards

[[Page 69900]]

include: restricting access to authorized personnel who have a ``need 
to know''; using locks; and password protection identification 
features. Contractors and other recipients providing services to the 
Commission shall be required to maintain equivalent safeguards.
    Compatibility of routine uses: The Privacy Act (5 U.S.C. 552a(a)(7) 
and (b)(3)) and SEC disclosure regulation (17 CFR 200, Subpart H) 
permit disclosure of information under a published routine use for a 
purpose that is compatible with the purpose for which the information 
was collected. The routine uses are appropriate and meet the relevant 
statutory and regulatory criteria; are compatible with the purposes of 
this system; and will ensure efficient administration of the records 
contained in the system.
    OMB Requirements: A report of this revised system of records must 
be transmitted to OMB.
    OPM Requirements: None.

Report Of Notice To Revise A System Of Records

    System Name: Information Pertaining or Relevant to SEC Regulated 
Entities and Their Activities (SEC-55).
    Introduction: In accordance with the requirements of the Privacy 
Act of 1974, 5 U.S.C. 552a, the Securities and Exchange Commission 
(``Commission'' or ``SEC'') proposes to revise the system of records 
titled ``Information Pertaining or Relevant to SEC Regulated Entities 
and Their Activities (SEC-55). The Information Pertaining or Relevant 
to SEC Regulated Entities and Their Activities (SEC-55) records are 
used by SEC personnel in connection with their official functions, 
including but not limited to, conducting examinations for compliance 
with federal securities law, investigating possible violations of 
federal securities laws, and other matters relating to SEC regulatory 
and law enforcement functions. Substantive changes to SEC-55 have been 
made to the following sections: (1) Name, to clarify the type of 
records in the system; (2) Categories of Individuals, to clarify the 
specific individuals covered in the system of records; (3) Categories 
of Records, modified to include specific data elements collected on 
individuals, name, address, telephone number, and email address; and 
(4) Routine Uses, to expand by one new routine use located at number 
22. Additional minor administrative changes have been made to the 
Safeguards section, to clarify internal handling practices for the 
records; and to the System Manager(s) and Address Section, to update 
the Commission's current address.
    Purpose: The records are used by SEC personnel in connection with 
their official functions including but not limited to, conducting 
examinations for compliance with federal securities law, investigating 
possible violations of federal securities laws, and other matters 
relating to SEC regulatory and law enforcement functions.
    Authority: 15 U.S.C. 78a et seq., 80a-1 et seq., and 80b-1 et seq.
    Probable effect on individual privacy or other rights: The records 
in this system may reveal personal information about individuals. We 
will disclose information under the routine uses only as necessary to 
accomplish the stated purpose. We do not anticipate that the routine 
use disclosures will have an unwarranted adverse effect on the rights 
of the individuals to whom the records pertain.
    Security provided for this system: Access to SEC facilities, data 
centers, and information or information systems is limited to 
authorized personnel with official duties requiring access. SEC 
facilities are equipped with security cameras and 24-hour security 
guard service. The records are kept in limited access areas during duty 
hours and secured areas at all other times. Computerized records are 
safeguarded in secured, encrypted environment. Security protocols meet 
the promulgating guidance as established by the National Institute of 
Standards and Technology (NIST) Security Standards from Access Control 
to Data Encryption, and Security Assessment & Authorization (SA&A). 
Records will be maintained in a secure, password-protected electronic 
system that will utilize commensurate safeguards that may include: 
firewalls, intrusion detection and prevention systems, and role-based 
access controls. Additional safeguards will vary by program. All 
records are protected from unauthorized access through appropriate 
administrative, operational, and technical safeguards. These safeguards 
include: restricting access to authorized personnel who have a ``need 
to know''; using locks; and password protection identification 
features. Contractors and other recipients providing services to the 
Commission shall be required to maintain equivalent safeguards.
    Compatibility of routine uses: The Privacy Act (5 U.S.C. 552a(a)(7) 
and (b)(3)) and SEC disclosure regulation (17 CFR 200, Subpart H) 
permit disclosure of information under a published routine use for a 
purpose that is compatible with the purpose for which the information 
was collected. The routine uses are appropriate and meet the relevant 
statutory and regulatory criteria; are compatible with the purposes of 
this system; and will ensure efficient administration of the records 
contained in the system.
    OMB Requirements: A report of this revised system of records must 
be transmitted to OMB.
    OPM Requirements: None.

[FR Doc. 2014-27745 Filed 11-21-14; 8:45 am]
BILLING CODE 8011-01-P


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