2016-23616

Federal Register, Volume 81 Issue 190 (Friday, September 30, 2016)

[Federal Register Volume 81, Number 190 (Friday, September 30, 2016)]

[Notices]

[Pages 67327-67331]

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

[FR Doc No: 2016-23616]

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COMMODITY FUTURES TRADING COMMISSION

Privacy Act of 1974 System of Records Notice

AGENCY: Commodity Futures Trading Commission.

ACTION: Notice; alterations of Privacy Act systems of records.

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SUMMARY: The Commodity Futures Trading Commission (CFTC) is

consolidating and revising several notices of systems of records under

the Privacy Act of 1974. It is consolidating two system of records

notices, CFTC-5, ``Employee Personnel/Payroll Records,'' and CFTC-4,

``Employee Leave, Time,

[[Page 67328]]

and Attendance,'' into one, CFTC-5, ``Employee Personnel, Payroll, Time

and Attendance,'' to reflect more integrated business processes and

applications, and to be more descriptive of its contents and

enhancements. The Commission also is consolidating three system of

records notices, CFTC-34, ``Telecommunications Services,'' CFTC-35,

``Interoffice and Internet Email,'' and CFTC-36, ``Internet Security

Gateway Systems,'' into one system of records notice, CFTC-35, entitled

``General Information Technology Records'' to reflect more integrated

business processes and applications, and to be more descriptive of its

contents and enhancements. The revised CFTC-35, ``General Information

Technology Records,'' broadly covers the information in identifiable

form needed for the CFTC information technology network to provide

communications and operate effectively and securely.

DATES: Comments must be received on or before October 31, 2016. This

action will be effective without further notice on November 9, 2016,

unless revised pursuant to comments received.

ADDRESSES: You may submit comments identified by ``Employee Personnel,

Payroll, Time and Attendance Records'' or ``General Information

Technology Records,'' 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: Christopher Kirkpatrick, 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

http://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 http://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, [email protected], 202-418-6629, Office of the Executive

Director, Commodity Futures Trading Commission, Three Lafayette Centre,

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

SUPPLEMENTARY INFORMATION:

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. Routine Uses

Information in the systems of records covered by this Federal

Register notice may be disclosed as specifically stated in the

applicable notice and also in accordance with the blanket routine uses

numbered 1 through 19 published at 76 FR 5974 (Feb. 2, 2011). These

blanket routine uses apply to all CFTC systems of records, except as

otherwise provided in a specific system of records notice.

III. Employee Personnel, Payroll, Time and Attendance

The Employee Personnel, Payroll, Time and Attendance System is a

collection of information concerning CFTC employees, including interns

and volunteers. This System contains certain personnel records not

covered by government-wide system of records notices, including records

related to telework, requests for reasonable accommodation, student

loan repayment program documentation, employee counseling, and

grievances and other employee matters not appealed to the Merit Systems

Protection Board (MSPB). This System also contains records related to

payroll, pay deductions for taxes, benefits, garnishments, and other

matters, all forms of leave and absences, and time and attendance. The

System includes, but is not limited to: Name; business and personal

contact information; social security number; date of birth; medical and

other information provided for leave requests and requests for

reasonable accommodation; pay and benefit information; and direct

deposit information.

IV. CFTC's General Information Technology Records

The General Information Technology Records system covers certain

records that the CFTC computer systems routinely compile and maintain

about users of those systems to enable the information technology

(``IT'') network and its hardware, software, applications, databases,

communications, and Internet access to function effectively, reliably

and securely, and for activities to be logged for auditing, system

improvement, and security purposes. While the CFTC IT network contains

a broad array of hardware, software, applications, databases,

communications tools, and means to access the Internet, this General

Information Technology Records system of records notice (``SORN'')

covers the personally identifiable information (``PII'') processed or

generated by the IT network that would be covered by the Privacy Act of

1974 and is not covered by another SORN, for individuals who currently

or previously had access to the CFTC IT network, including current and

former employees, volunteers, interns, contractors, and consultants.

This system of records includes, but is not limited to: Network user

information needed for the IT network and its components to function

effectively and securely and for the CFTC to control access to

software, applications, data and information; network activity

[[Page 67329]]

information including activity logs, audit trails, identification of

devices used to access CFTC systems, Internet sites visited, and

information input into sites visited, logs of calls to and from a CFTC

network user on desk or mobile phones, and similar communication data

traffic logs, and, if needed to locate a misplaced CFTC mobile device

or for related purposes, the location of that device; and logs of calls

placed using CFTC calling cards. Many CFTC computer systems collect and

maintain additional information, other than system use data, about

individuals inside and outside the CFTC. For a complete list of CFTC

Privacy Act systems, please see http://www.cftc.gov/Transparency/PrivacyOffice/SORN/index.htm to learn about other categories of

information collected and maintained about individuals in the CFTC's

computer system.

Issued in Washington, DC, on September 26, 2016, by the

Commission.

Christopher J. Kirkpatrick,

Secretary of the Commission.

CFTC-5

SYSTEM NAME:

Employee Personnel, Payroll, Time and Attendance.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

This system is located in the Office of the Executive Director,

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

Street NW., Washington, DC 20581 and on a computer system at the

Commission's payroll processor, Department of Agriculture's National

Finance Center, New Orleans, LA.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Former and current Commission employees, including volunteers and

interns.

CATEGORIES OF RECORDS IN THE SYSTEM:

Categories of records include personnel records not covered by

government-wide system of records notices, including records related to

telework and requests for reasonable accommodation, which may include

medical information; student loan repayment program application and

information; and employee counseling, grievances and other employee

matters not appealed to the MSPB. This System also contains records

related to payroll, including salary information, awards and pay

increases; benefits information needed for processing payment of

benefits; direct deposit information; pay deductions, including tax and

retirement deductions, life insurance, health and dental insurance

deductions, flexible spending account deductions, savings allotments,

transit and parking deductions, garnishments, debts owed to the

Commission, and charity deductions; salary offset under part 141 of the

Commission's rules; all forms of leave requests, balances and credits;

all other absence types, including suspension; information necessary to

administer the Commission's voluntary leave transfer program, including

leave donated or used and any supporting documentation, which may

include medical information; hours worked; and time and attendance

records. The System includes identifying information, such as name;

business and personal contact information; social security number; date

of birth; citizenship; bank account information for direct deposit; and

employee identification number.

Note: The CFTC is the custodian of many employment-related

records that are described in the system notices published by the

Office of Personnel Management, MSPB, Equal Employment Opportunity

Commission and other Federal agencies. For a complete list of

government-wide Privacy Act systems, please see OMB Memo 99-05,

Attachment C, ``Government-wide Systems of Records,'' at https://www.whitehouse.gov/omb/memoranda_m99-05-c/.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

5 U.S.C. 6101-6133; 5 U.S.C. 6301-6326; 44 U.S.C. 3101.

PURPOSE(S):

Information is collected to allow the Commission to handle

personnel, payroll, time and attendance functions, including personnel

functions involving records not covered by government-wide system of

records notices, telework requests, requests for reasonable

accommodation, student loan repayment program documentation, employee

counseling, grievances and other employee matters not appealed to the

Merit Systems Protection Board (MSPB), and payroll, pay deductions,

leave requests, time and attendance.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES

OF USERS AND THE PURPOSES OF SUCH USES:

a. The information may be provided to the Department of Justice,

the Office of Personnel Management or other Federal agencies, or used

by the Commission in connection with any investigation or

administrative or legal proceeding involving any violation of Federal

law or regulation thereunder.

b. Certain information will be provided, as required by law, to the

Office of Child Support Enforcement, Administration for Children and

Families, Department of Health and Human Services Federal Parent

Locator System (FPLS) and Federal Tax Offset System to enable state

jurisdictions to locate individuals and identify their income sources

to establish paternity, establish and modify orders of support, and for

enforcement action.

c. Certain information will be provided, as required by law, to the

Office of Child Support Enforcement for release to the Social Security

Administration for verifying social security numbers in connection with

the operation of the FPLS by the Office of Child Support Enforcement.

d. Certain information will be provided, as required by law, to the

Office of Child Support Enforcement for release to the Department of

Treasury for purposes of administering the Earned Income Tax Credit

Program (Section 32, Internal Revenue Code of 1986) and verifying a

claim with respect to employment in a tax return.

e. The information may be provided to insurance companies

providing, or proposing to bid on a solicitation to provide, health

benefits to Commission employees. This data may include, but is not

limited to: Name, social security number, date of birth, age, gender,

marital status, service computation date, date of initial appointment

with the Commission, geographic location, standard metropolitan service

area, home phone number, and home address of the Commission employee.

For each enrolled dependent of the Commission employee, this

information may include, but is not limited to: Dependent's name,

relationship of the dependent to the Commission employee, date of

birth, age, gender, social security number, home address, marital

status, student status, and handicap status where applicable. This

information may be used to verify eligibility, pay claims, or provide

accurate bids.

f. For employees who request repayment of student loans through the

CFTC Student Loan Repayment Program, certain information will be

provided to the organizations that hold the requesting employees' loan

notes for the purpose of verifying outstanding loan amounts and

administering such program.

g. To provide information to officials of labor organizations

recognized under 5 U.S.C. Chapter 71 when relevant and necessary to

their duties of exclusive representation concerning personnel

[[Page 67330]]

policies, practices, and matters affecting work conditions.

Information in this system also may be disclosed in accordance with

the blanket routine uses that appear at the beginning of the

Commission's compilation of its system of records notices, see, e.g.,

76 FR 5974 (Feb. 2, 2011), and the Commission's Web site, www.cftc.gov.

DISCLOSURE TO CONSUMER REPORTING AGENCIES:

None.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING,

AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records are stored in file folders, and electronic records,

including computer files, are stored on the Commission's network, the

National Finance Center Personnel/Payroll System, and other electronic

media as needed.

RETRIEVABILITY:

By the name, identification number, or other personally identifying

information of the employee, volunteer or intern.

SAFEGUARDS:

Records are protected from unauthorized access and improper use

through administrative, technical and physical security measures.

Technical security measures within CFTC include restrictions on

computer access to authorized individuals who have a legitimate need to

know the information; required use of strong passwords that are

frequently changed; multi-factor authentication for remote access and

access to many CFTC network components; use of encryption for certain

data types and transfers; firewalls and intrusion detection

applications; and regular review of security procedures and best

practices to enhance security. Only specifically authorized individuals

may access the National Finance Center computer system. Physical

measures include restrictions on building access to authorized

individuals, 24-hour security guard service, and maintenance of records

in lockable offices and filing cabinets.

RETENTION AND DISPOSAL:

These records are maintained according to retention schedules

prescribed by the General Records Schedule for each type of workforce

record.

SYSTEM MANAGER(S) AND ADDRESS:

Executive Director, 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, 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 inquiries 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.

RECORDS SOURCE CATEGORIES:

Individual about whom the record is maintained; CFTC human

resources office records; records from the National Finance Center; and

information from third parties providing benefits or other services to

covered individuals.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

CFTC-35

SYSTEM NAME:

General Information Technology Records.

SECURITY CLASSIFICATION:

Unclassified.

SYSTEM LOCATION:

This system is located in the Commission's Office of Data and

Technology at its principal office at Commodity Futures Trading

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

DC 20581.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Individuals covered by the system include current and former CFTC

network users, including current or former employees, interns,

volunteers, contractors and consultants.

CATEGORIES OF RECORDS IN THE SYSTEM:

The system of records covers certain records that the CFTC computer

systems routinely compile and maintain about users of its systems to

enable the information technology (``IT'') network and its hardware,

software, applications, databases, communications and Internet access

to function effectively, reliably and securely, and for activities to

be logged for auditing, system improvement, and security purposes, to

the extent such records are covered by the Privacy Act of 1974 and not

included in another system of records. This system includes but is not

limited to: Network user information needed for the IT network and its

components to function effectively and securely and for the CFTC to

control access to software, applications, data and information; network

activity information including, for example, activity logs, audit

trails, identification of devices used to access CFTC systems, Internet

sites visited, and information input into sites visited, logs of calls

to and from a CFTC network user on desk or mobile phones, and similar

communication data traffic logs, and, if needed to locate a misplaced

CFTC mobile device or for related purposes, the location of that

device; and logs of calls placed using CFTC calling cards. Many CFTC

computer systems collect and maintain additional information, other

than system use data, about individuals inside and outside the CFTC.

For a complete list of CFTC Privacy Act systems, please see http://www.cftc.gov/Transparency/PrivacyOffice/SORN/index.htm to learn about

other categories of information collected and maintained about

individuals in the CFTC's computer system.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

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

Section 12 of the Commodity Exchange Act, at 7 U.S.C. 16, and the rules

and regulations promulgated thereunder.

PURPOSE(S):

The purpose of the system of records is to enable effective,

reliable and secure operation of the information technology network and

its hardware, software, applications, databases, communications and

Internet access that CFTC staff members rely upon to perform their job

duties and carry out the agency's mission. This includes: To monitor

usage of computer systems; to ensure the availability and reliability

of the agency computer facilities; to document and/or control access to

various computer systems; to audit, log, and alert responsible CFTC

personnel when certain personally identifying information is accessed

in specified systems; to identify the need for and to conduct training

programs, which can include the topics of information security,

acceptable computer practices, and CFTC information security policies

and procedures; to monitor security on computer systems; to add and

delete users; to investigate and make referrals for disciplinary or

other action if improper or unauthorized use is suspected or detected.

[[Page 67331]]

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

members in the Office of Data and Technology to: Facilitate authorized

access to and use of CFTC email accounts and internal individual and

shared electronic storage and collaboration platforms; enable

appropriate access and controls over access to other CFTC systems,

applications and information; implement privacy and security controls

over CFTC resources and information; generate audit trails for review

by staff to understand vulnerabilities and issues to improve system

effectiveness and security; and support the communications,

telecommunications and audiovisual services CFTC staff members need to

fulfill their job duties. Information in this system also may be

disclosed in accordance with the blanket routine uses that appear at

the beginning of the Commission's compilation of its system of records

notices, see, e.g., 76 FR 5974 (Feb. 2, 2011), and the Commission's Web

site, http://www.cftc.gov.

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 and electronic records are

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

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

RETRIEVABILITY:

Certain information covered by this SORN may be retrieved by name,

CFTC username, identification number, title, device identifier,

Internet Protocol address assigned to CFTC IT network components, email

address, and calling card or phone number of the CFTC network user.

SAFEGUARDS:

Records are protected from unauthorized access and improper use

through administrative, technical and physical security measures.

Technical security measures within CFTC include restrictions on

computer access to authorized individuals who have a legitimate need to

know the information; required use of strong passwords that are

frequently changed; multi-factor authentication for remote access and

access to many CFTC network components; use of encryption for certain

data types and transfers; firewalls and intrusion detection

applications; and regular review of security procedures and best

practices to enhance security. Physical measures include restrictions

on building access to authorized individuals, 24-hour security guard

service, and maintenance of 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 Chief Information Officer, 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, 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 inquiries 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:

Current and former CFTC IT network users, including current and

former employees, interns, volunteers, contractors and consultants;

individuals communicating with CFTC network users through CFTC

communications platforms; and CFTC hardware, software and system

components that generate information reflecting activity on the CFTC IT

network.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

[FR Doc. 2016-23616 Filed 9-29-16; 8:45 am]

BILLING CODE 6351-01-P

 

Last Updated: September 30, 2016