FR Doc E8-21116[Federal Register: September 11, 2008 (Volume 73, Number 177)]


[Page 52833-52834]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]




Privacy Act of 1974; System of Records

AGENCY: Commodity Futures Trading Commission (CFTC).

ACTION: Proposed routine use; request for public comment.


SUMMARY: The CFTC proposes to adopt a new routine use that would permit

disclosure of CFTC records governed by the Privacy Act when reasonably

necessary to respond and prevent, minimize, or remedy harm that may

result from an agency data breach or compromise.

DATES: The deadline for public comments is October 14, 2008. Comments

received after that date will be considered at the CFTC's discretion.

ADDRESSES: Interested parties are invited to submit written comments.

Reference should be made to ``Privacy Act of 1974; System of Records.''

Comments should be mailed or delivered to: Commodity Futures Trading

Commission, 1155 21st Street, NW., Washington, DC 20581, Attention:

Office of the Secretariat. Comments may be sent by facsimile to

202.418.5521, or by e-mail to [email protected]


General Counsel, 1155 21st Street, NW., Washington, DC 20581, 202-418-

5139, [email protected]

SUPPLEMENTARY INFORMATION: In accordance with the Privacy Act of 1974,

5 U.S.C. 552a, and as recommended in the Office of Management and

Budget Memorandum M-07-16 (Attachment 2), this document provides public

notice that the CFTC is proposing to adopt a new ``routine use'' that

will apply to all CFTC records systems covered by the Privacy Act of

1974. The Act applies to agency systems of records about individuals

that the agency maintains and retrieves by name or other personal

identifier, such as its personnel and payroll systems and certain other

CFTC records systems. A list of the agency's current Privacy Act

systems of records can be viewed on the CFTC's Web site at: http://


index.htm. The new routine use would be added to the section General

Statement of Routine Uses, which describes routine uses that apply

globally to all CFTC Privacy Act records systems.

This new routine use is needed in order to allow for disclosure of

records to appropriate persons and entities for purposes of response

and remedial efforts in the event of a breach of data contained in the

protected systems. This routine use will facilitate an effective

response to a confirmed or suspected breach by allowing for disclosure

to individuals affected by the breach, in cases, if any, where such

disclosure is not otherwise authorized under the Act. This routine use

will also authorize disclosures to others who are in a position to

assist in response efforts, either by assisting in notification to

affected individuals or otherwise playing a role in preventing,

minimizing, or remedying harms from the breach.

The Privacy Act authorizes the agency to adopt routine uses that

are consistent with the purpose for which information is collected and

subject to that Act. 5 U.S.C. 552a(b)(3); see also 5 U.S.C. 552a(a)(7).

The CFTC believes that it is consistent with the collection of

information pertaining to such individuals to disclose Privacy Act

records when, in doing so, it will help prevent, minimize or remedy a

data breach or compromise that may affect such individuals. By

contrast, the CFTC believes that failure to take reasonable

[[Page 52834]]

steps to help prevent, minimize the harm that may result from such a

breach or compromise would jeopardize, rather than promote, the privacy

of such individuals. Accordingly, the Commission concludes that it is

authorized under the Privacy Act to adopt a routine use permitting

disclosure of Privacy Act records for such purposes.

In accordance with the Privacy Act, see 5 U.S.C. 552a(e)(4) and

(11), the CFTC is publishing notice of this routine use and giving the

public a 30-day period to comment before adopting it as final. The CFTC

is also providing at least 40 days advance notice of this proposed

system notice amendment to OMB and the Congress, as required by the

Act, 5 U.S.C. 552a(r), and OMB Circular A-130, Revised, Appendix I. We

note that the text of this routine use is taken from the routine use

that has already been published in final form by the Department of

Justice after public comment. See 72 FR 3410 (Jan. 25, 2007).

Similarly, after taking into account comments, if any, received by the

CFTC, the CFTC intends to publish its proposed routine use as final

after the period for OMB and Congressional review is complete,

including whatever revisions may be deemed appropriate or necessary, if


Accordingly, the CFTC hereby proposes to amend the section General

Statement of Routine Uses of its Privacy Act system notices, as

published at 66 FR 41842, by adding the following new routine use at

the end of the existing routine uses set forth in that Appendix:

* * * * *

To appropriate agencies, entities, and persons when (1) the CFTC

suspects or has confirmed that the security or confidentiality of

information in the system of records has been compromised; (2) the CFTC

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 CFTC or

another agency or entity) that rely upon the compromised information;

and (3) the disclosure made to such agencies, entities, and persons is

reasonably necessary to assist in connection with the CFTC's efforts to

respond to the suspected or confirmed compromise and prevent, minimize,

or remedy such harm.

By direction of the Commission on September 8, 2008.

David A. Stawick,

Secretary of the Commission.

[FR Doc. E8-21116 Filed 9-10-08; 8:45 am]


Last Updated: September 11, 2008