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2012-547

  • Federal Register, Volume 77 Issue 9 (Friday, January 13, 2012)[Federal Register Volume 77, Number 9 (Friday, January 13, 2012)]

    [Notices]

    [Pages 2048-2051]

    From the Federal Register Online via the Government Printing Office [www.gpo.gov]

    [FR Doc No: 2012-547]

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    COMMODITY FUTURES TRADING COMMISSION

    Privacy Act of 1974 System of Records Notice

    AGENCY: Commodity Futures Trading Commission.

    ACTION: Notice; publication of existence and character of two new

    systems of records.

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    SUMMARY: The Commodity Futures Trading Commission is establishing two

    new systems of records under the Privacy Act of 1974: one, for the

    collection of information related to new procedures for accounting and

    determining financial responsibility for lost, stolen, damaged or

    destroyed CFTC property assigned to CFTC employees, volunteers,

    interns, contractors and consultants; and two, for the collection of

    information related to internal electronic collaboration tools which

    use Microsoft SharePoint, including the CFTC Intranet and social media

    tools within the Intranet.

    DATES: Comments must be received on or before February 13, 2012.

    ADDRESSES: You may submit comments identified by ``Lost or Damaged

    Property SORN'' or ``Internal Electronic Collaboration Tools SORN'' as

    applicable, by any of the following methods:

    Agency Web site, via its Comments Online process: http://comments.cftc.gov. Follow the instructions for submitting comments

    through the Web site.

    Federal eRulemaking Portal: Comments may be submitted at

    http://www.regulations.gov. Follow the instructions for submitting

    comments.

    Mail: David A. Stawick, Secretary of the Commission,

    Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st

    Street, NW., Washington, DC 20581.

    Hand Delivery/Courier: Same as mail above.

    Please submit your comments using only one method.

    All comments must be submitted in English, or if not, accompanied

    by an English translation. Comments will be posted as received to

    www.cftc.gov. You should submit only information that you wish to make

    available publicly. If you wish the Commission to consider information

    that you believe is exempt from disclosure under the Freedom of

    Information Act, a petition for confidential treatment of the exempt

    information may be submitted according to the procedures established in

    Sec. 145.9 of the Commission's regulations, 17 CFR 145.9.

    The Commission reserves the right, but shall have no obligation, to

    review, pre-screen, filter, redact, refuse or remove any or all of a

    submission from www.cftc.gov that it may deem to be inappropriate for

    publication, such as obscene language. All submissions that have been

    redacted or removed that contain comments on the merits of the notice

    will be retained in the public comment file and will be considered as

    required under all applicable laws, and may be accessible under the

    Freedom of Information Act.

    FOR FURTHER INFORMATION CONTACT: Kathy Harman-Stokes, Chief Privacy

    Officer, kharman-stokes@cftc.gov, (202) 418-6629, Office of the

    Executive Director, Commodity Futures Trading Commission, Three

    Lafayette Centre, 1155 21st Street, NW., Washington, DC 20581.

    SUPPLEMENTARY INFORMATION:

    [[Page 2049]]

    I. The Privacy Act

    Under the Privacy Act of 1974, 5 U.S.C. 552a, a ``system of

    records'' is defined as any group of records under the control of a

    Federal Government agency from which information about individuals is

    retrieved by name or other personal identifier. The Privacy Act

    establishes the means by which government agencies must collect,

    maintain, and use personally identifiable information associated with

    an individual in a government system of records.

    Each government agency is required to publish a notice in the

    Federal Register of a system of records in which the agency identifies

    and describes each system of records it maintains, the reasons why the

    agency uses the personally identifying information therein, the routine

    uses for which the agency will disclose such information outside the

    agency, and how individuals may exercise their rights under the Privacy

    Act to determine if the system contains information about them.

    II. Lost, Stolen, Damaged or Destroyed CFTC Property

    The CFTC assigns its employees, interns, volunteers, contractors

    and consultants (``employees'') certain accountable CFTC property for

    their use in accomplishing their official duties. The CFTC is obligated

    to account for such property for financial responsibility and audit

    purposes and, in certain situations, to recover costs for property that

    has been lost, stolen, damaged or destroyed. The property for which an

    accounting is required includes, but is not limited to, sensitive

    property, such as a Blackberry or laptop, that requires special

    controls or is especially vulnerable to loss, theft or misuse, and

    other property, including printers, monitors, scanners, and cameras.

    The Commission is establishing a new business process to require

    employees to report when CFTC property is lost, stolen, damaged or

    destroyed, and for the CFTC to document the determination of financial

    responsibility for the property. The new Privacy Act system of records

    includes information supplied by the employee; evidence and records

    requested to facilitate the determination of financial responsibility,

    such as copies of police reports, accident reports and photographs;

    Property Survey Board interviews and other notes, meeting minutes, and

    findings and recommendations concerning responsibility for

    reimbursement; and information related to the final decision by the

    Executive Director. The system of records also contains information on

    reimbursement and, if an employee disagrees with a finding of

    responsibility, records related to the employee's appeal.

    III. Internal Electronic Collaboration Tools

    The CFTC is implementing internal electronic collaboration tools

    utilizing the Microsoft SharePoint platform. These tools will upgrade

    the Commission's intranet, allow users to set up team collaboration

    workspaces, facilitate sharing of documents, policies and information,

    and allow limited social networking through the SharePoint ``MySites''

    feature. The new Intranet, built on these tools, will include

    Commission policies, procedures, forms, organization charts, news

    clips, links to other sites that are helpful for staff members, and

    links to other CFTC SharePoint sites containing shared documents and

    other information. The Intranet will include content regarding program

    offices, services and support, and projects and activities. By

    connecting to a CFTC network administration database, the Intranet will

    display a directory of all CFTC users, including titles, contact

    information and the photograph used for CFTC credentials for all

    employees, interns, volunteers, consultants and contractors

    (collectively ``users''). Certain SharePoint sites may include personal

    contact information for users. The MySites feature will allow CFTC

    users to set up a personal profile, identify subject matter areas about

    which they are knowledgeable, upload pictures, and publish notes, tags,

    content, and messages that are similar to email. MySites includes a

    ``newsfeed'' to alert selected users when one user has added or changed

    information on his or her MySites page. Users will be able to manually

    select ``colleagues,'' which the colleague may approve or deny, and

    create and join groups. Overall, the internal collaboration tools will

    provide invaluable dissemination and exchange of information, allowing

    users to stay connected within a dashboard that each user can

    personalize.

    While most of the information in the collaboration tools will

    involve Commission policies, forms, activities and other business, the

    tools will display personally identifiable information (``PII'') in the

    form of the CFTC user name, title, business contact information, the

    photograph a user uses for credentials to access CFTC facilities, and

    organizational chart and hierarchy information. Those users who elect

    to participate in MySites will be able to publish additional personal

    information to selected colleagues only, to specified teams or groups,

    and/or to all CFTC users, as they choose. That personal information may

    include personal photographs, information about their family status

    (such as whether they are married or have children), their hobbies or

    personal activities, and other content.

    All CFTC users will need to use the internal electronic

    collaboration tools to perform their official duties, for example, to

    use the Intranet to obtain business phone numbers of other CFTC users,

    to view internal policies, to link to specific SharePoint sites

    containing Commission business information, or use SharePoint

    workspaces with other team members. On the other hand, the use of

    MySites is purely voluntary. Those who elect to use MySites will have

    some control over which other users may see their personal information;

    however, as will be explained to MySites users, Intranet site

    administrators and other CFTC staff members with a legitimate need to

    know the information for official purposes will have full access to

    view all content, including all personal content posted through

    MySites. Intranet users will be clearly informed that, if they use

    MySites, they have no reasonable expectation of privacy in any

    information they post, as with any other information passing through or

    stored on CFTC equipment.

    The Internal Electronic Collaboration Tools system of records will

    contain CFTC business information, business contact information and

    photographs for CFTC users, at times personal contact information, and

    any personal information a user chooses to post within MySites.

    IV. Notice: Lost, Stolen, Damaged or Destroyed CFTC Property

    System Number:

    CFTC-46.

    SYSTEM NAME:

    Lost, Stolen, Damaged or Destroyed CFTC Property.

    SECURITY CLASSIFICATION:

    Unclassified.

    SYSTEM LOCATION:

    This system is located in the Commission's principal office at

    Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st

    Street, NW., Washington, DC 20581.

    [[Page 2050]]

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    CFTC employees, interns, volunteers, contractors and consultants

    who have experienced the loss, theft, damage or destruction of CFTC

    accountable property assigned to them.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The system of records includes the information provided by

    employees, volunteers, interns, contractors or consultants on a Lost,

    Stolen, Damaged or Destroyed CFTC Property reporting form, such as

    name, office contact information, and details concerning the loss,

    theft, damage or destruction of property; evidence and records

    collected from the employee, volunteer, intern, contractor or

    consultant, his or her supervisor or others interviewed; copies of

    police reports, accident reports, photographs and notes from

    interviews; meeting minutes from Property Survey Board meetings;

    findings, recommendations and the final decision concerning

    responsibility for reimbursement; information concerning reimbursement;

    and, if applicable, records related to an appeal.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    Commodity Exchange Act Section 2(a)(5) (7 U.S.C. 2(a)(5)), Section

    2(a)(6) (7 U.S.C. 2(a)(6)) and Section 2(a)(12) (7 U.S.C. 2(a)(12)),

    and the rules and regulations promulgated thereunder; the Federal

    Property and Administrative Services Act of 1949, 40 U.S.C. 471 et

    seq.; the Federal Managers' Financial Integrity Act of 1982, 31 U.S.C.

    3512(b) and (c); and the Government Employee's Standard of Conduct, 5

    CFR 2635.704.

    PURPOSE(S):

    The purpose of the new system of records is to facilitate reporting

    by employees, interns, volunteers, contractors and consultants when

    CFTC property assigned to them is lost, stolen, damaged or destroyed,

    to allow the CFTC Logistics and Operations Unit (L&O), a new Property

    Survey Board, and/or the Commission's Executive Director to review

    reports and related evidence, to determine whether the employee,

    intern, volunteer, contractor or consultant should be held financially

    responsible for reimbursing the CFTC for the costs of the property, and

    to allow an appeal of a decision.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

    OF USERS AND THE PURPOSES OF SUCH USES:

    The information in this system will be routinely used by CFTC staff

    in the Office of the Executive Director, including L&O, Financial

    Management Branch, and, as needed, the Human Resources Branch, to

    facilitate the accounting for and determination of financial

    responsibility of employees, volunteers, interns, contractors and

    consultants for lost, stolen, damaged or destroyed CFTC property

    assigned to them. Information in this system may also be disclosed in

    accordance with the blanket routine uses that appear in the

    Commission's Privacy Act Systems of Records Notices, see, e.g., 76 FR

    5974 (Feb. 2, 2011).

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    None.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESS CONTROLS,

    RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

    STORAGE:

    Paper records are stored in file folders, binders, computer disks,

    and are uploaded into the CFTC network. Electronic records, including

    emails, spreadsheets, PDF files and documents maintained on a

    SharePoint site, are stored on the Commission's network and other

    electronic media as needed, such as encrypted hard drives and back-up

    media.

    RETRIEVABILITY:

    By name of the employee, volunteer, intern, contractor or

    consultant who completes and provides to L&O staff the Lost, Stolen,

    Damaged or Destroyed CFTC Property Report and provides other evidence.

    ACCESS CONTROLS, SAFEGUARDS:

    Records in the system are protected from unauthorized access and

    misuse through various administrative, technical and physical security

    measures. Technical security measures within CFTC include restrictions

    on computer access to authorized individuals, required use of strong

    passwords that are frequently changed, use of encryption for certain

    data types and transfers, and regular review of security procedures and

    best practices to enhance security. Physical measures include

    restrictions on building access to authorized individuals only and

    maintaining records in lockable offices and filing cabinets.

    RETENTION AND DISPOSAL:

    The records will be maintained in accordance with records

    disposition schedules approved by the National Archives and Records

    Administration. The schedules are available at www.cftc.gov.

    SYSTEM MANAGER(S) AND ADDRESS:

    The Commission's Logistics and Operations Unit, Property Management

    Officer, located at the Commodity Futures Trading Commission, Three

    Lafayette Centre, 1155 21st Street NW., Washington, DC 20581.

    NOTIFICATION PROCEDURE:

    Individuals seeking to determine whether this system of records

    contains information about themselves or seeking access to records

    about themselves in this system of records, or contesting the content

    of records about themselves contained in this system of records should

    address written inquiry to the Office of General Counsel, Paralegal

    Specialist, Commodity Futures Trading Commission, Three Lafayette

    Centre, 1155 21st Street NW., Washington, DC 20581. Telephone (202)

    418-5011.

    RECORD SOURCE CATEGORIES:

    Employees, volunteers, interns, contractors or consultants who

    provide information through the Lost, Stolen, Damaged or Destroyed CFTC

    Property Report or in discussions with L&O staff, the Property Survey

    Board or Executive Director; selected L&O staff and the Property Survey

    Board members involved in reviewing a particular situation to make a

    recommendation regarding responsibility for reimbursement; the

    Executive Director, who makes the final decision regarding

    responsibility; and personnel in the Commission's Financial Management

    Branch who handle financial reimbursement issues.

    EXEMPTIONS CLAIMED FOR THIS SYSTEM:

    None.

    V. Notice: Internal Electronic Collaboration Tools

    System Number:

    CFTC-47.

    SYSTEM NAME:

    Internal Electronic Collaboration Tools.

    SECURITY CLASSIFICATION:

    Unclassified.

    SYSTEM LOCATION:

    This system is located in the Commodity Futures Trading Commission

    headquarters, Three Lafayette Centre, 1155 21st Street NW., Washington,

    DC 20581.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    CFTC employees, interns, volunteers, contractors and consultants

    who are given access to the CFTC network.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    CFTC user name, title, business and personal contact information,

    and

    [[Page 2051]]

    organizational chart and hierarchy information. Those users who elect

    to participate in MySites will be able to publish additional personal

    information, such as personal photographs, information about their

    family status (such as whether they are married or have children),

    their hobbies, subject matter areas of Commission business about which

    they are knowledgeable, personal activities, notes, messages and other

    content. Also, the Internal Electronic Collaboration Tools will contain

    documents in electronic form covered by other CFTC Privacy Act System

    of Record Notices.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    5 U.S.C. 301; Commodity Exchange Act, 7 U.S.C. Sec. 1 et seq.

    including Section 12(b) of the Commodity Exchange Act, at 7 U.S.C.

    16(b)(3), and the rules and regulations promulgated thereunder.

    PURPOSE(S):

    The purpose of the new system of records is to enhance and improve

    efficiencies in the dissemination and exchange of information within

    the Commission and allow colleagues to connect with each other. The

    internal electronic collaboration tools, utilizing the Microsoft

    SharePoint platform, will upgrade the Commission's intranet, allow

    users to set up team collaboration workspaces, facilitate sharing of

    documents, policies and information, and allow limited social

    networking through the SharePoint ``MySites'' feature. The new intranet

    will include Commission policies, procedures, forms, organization

    charts, news clips, links to other sites that are helpful for staff

    members, and links to other CFTC SharePoint sites containing shared

    documents and other information. The intranet will include content

    regarding program offices, services and support, and projects and

    activities. By connecting to a CFTC network administration database,

    the intranet will display a directory of all CFTC users, including

    titles, contact information and the photograph used for CFTC

    credentials for all employees, interns, volunteers, consultants and

    contractors (collectively ``users''). The MySites feature will allow

    CFTC users to set up a personal profile, upload pictures, and publish

    content and messages that are similar to email. MySites also allows

    users to join groups, connect with colleagues and receive a newsfeed

    when new information is posted.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

    OF USERS AND THE PURPOSES OF SUCH USES:

    The information in this system will be routinely used by CFTC users

    to disseminate and share information, collaborate and communicate with

    each other with the goal of more efficiently conducting Commission

    business. Also, the Internal Electronic Collaboration Tools system will

    contain documents in electronic form covered by other System of Record

    Notices, and the routine uses for those System of Record Notices apply.

    In addition, information in this system may be disclosed in accordance

    with the blanket routine uses that appear in the Commission's Privacy

    Act Systems of Records Notices, see, e.g., 76 FR 5974 (Feb. 2, 2011).

    DISCLOSURE TO CONSUMER REPORTING AGENCIES:

    None.

    POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESS CONTROLS,

    RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

    STORAGE:

    Electronic records, including emails, spreadsheets, PDF files,

    other documents and content maintained in or through this system are

    stored on the Commission's network and other electronic media as

    needed, such as encrypted hard drives and back-up media. Print-outs of

    records in this system are stored in file folders, binders and similar

    filing methods.

    RETRIEVABILITY:

    By name of the employee, volunteer, intern, consultant or

    contractor who has access to the CFTC network.

    ACCESS CONTROLS, SAFEGUARDS:

    Records in the system are protected from unauthorized access and

    misuse through various administrative, technical and physical security

    measures. Technical security measures within CFTC include restrictions

    on computer access to authorized individuals, required use of strong

    passwords that are frequently changed, use of encryption for certain

    data types and transfers, and regular review of security procedures and

    best practices to enhance security. Physical measures include

    restrictions on building access to authorized individuals only and

    maintaining records in lockable offices and filing cabinets.

    RETENTION AND DISPOSAL:

    The records will be maintained and dispositioned in accordance with

    records disposition schedules approved by the National Archives and

    Records Administration.

    SYSTEM MANAGER(S) AND ADDRESS:

    The Commission's Office of Data and Technology, located at the

    Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st

    Street NW., Washington, DC 20581.

    NOTIFICATION PROCEDURE:

    Individuals seeking to determine whether this system of records

    contains information about themselves or seeking access to records

    about themselves in this system of records, or contesting the content

    of records about themselves contained in this system of records should

    address written inquiry to the Office of General Counsel, Paralegal

    Specialist, Commodity Futures Trading Commission, Three Lafayette

    Centre, 1155 21st Street NW., Washington, DC 20581. Telephone (202)

    418-5011.

    RECORD SOURCE CATEGORIES:

    CFTC employees, volunteers, interns, contractors or consultants who

    have access to the CFTC network and post information within the

    Internal Electronic Collaboration Tools. The source of user directory

    information is the network administration database.

    EXEMPTIONS CLAIMED FOR THIS SYSTEM:

    The Internal Electronic Collaboration Tools system will contain

    documents in electronic form covered by other System of Record Notices,

    and the exemptions for those System of Record Notices apply.

    Issued in Washington, DC, this 5th day of January, 2012, by the

    Commission.

    David Stawick,

    Secretary of the Commission.

    [FR Doc. 2012-547 Filed 1-12-12; 8:45 am]

    BILLING CODE P

    Last Updated: January 13, 2012



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