[Federal Register Volume 61, Number 166 (Monday, August 26, 1996)]
[Notices]
[Pages 43738-43739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21673]
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COMMODITY FUTURES TRADING COMMISSION
Privacy Act of 1974: System of Records
AGENCY: Commodity Futures Trading Commission.
ACTION: Notice of effectiveness of new system of records.
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SUMMARY: On May 2, 1996 the Commission gave notice of a new system of
records maintained under the Privacy Act to include data from
electronic key card systems used by the Commission in its Headquarters
Office in Washington, D.C. and in certain of its regional offices (61
FR 19613). The Commission also invited public comment concerning two
proposed routine uses for this system. No comments were received. This
notice is intended to inform the public of the effective date of the
system of records and the two new routine uses. Also with this
publication, clarifying language is being added to the systems notice
under the headings ``System Location'' and ``Record Source
Categories.''
DATES: The effective date of this system of records is June 11, 1996,
and of the new routine uses is August 26, 1996.
ADDRESSES: Copies of the new system of records may be obtained from
Jean A. Webb, Secretary, Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street, N.W., Washington, D.C. 20581.
FOR FURTHER INFORMATION CONTACT: Susan Nathan, Office of General
Counsel, (202) 418-5120, Lisa La Chance, Office of Administrative
Services, (202) 418-5167, Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581.
SUPPLEMENTARY INFORMATION
I. Background
In accordance with the Privacy Act of 1974, 5 U.S.C. 552a, the
Commission published on May 2, 1996 a description of a new system of
records and invited comments on the proposed new routine uses for the
system. (61 FR 19613). No comments were received.
The electronic key card usage system of records described in 61 FR
19613 is a by-product of the Commission's physical security system. The
principal purpose of the key cards themselves is to limit physical
access to most of the Commission's office space to authorized key
holders. Most of these are agency employees, but they also include
visitors and representatives of landlords. Under most of the
Commission's office space leases, maintenance of the key card systems
is the landlord's obligation. Most of the records of card usage belong
to the Commission's landlords, and are not agency records. As part of
such a system, each use of any key card is recorded on the landlord's
computerized tracking system, or the Commission's system in the case of
the Chicago office.
Upon request to a landlord by the Director, Office of
Administrative Services (or his/her designee), the landlord will
provide a print-out of recorded use of one or more key cards within a
block of time. Printouts usually contain the number of the key card and
the name of the person to whom that key card is assigned.
Principally this system of records consists of the data obtained
from a landlord. It also includes, however, the records maintained by
the Commission for the Chicago office suite. None of the Commission's
landlords is a government entity, and the system of records does not
include any information on usage of key cards held solely by a
landlord. Accordingly, no person may, under Section 552a(d), obtain
information concerning material solely in a landlord's possession
concerning themselves, see Notification Procedures, infra. It should be
noted, however, that the Commission's landlords represent that in the
ordinary course they retain this data for no more than six months. The
Commission retains its records for the Chicago office for about 90
days.
The principal purposes of the key card system relate to security of
personnel and property. Information about usage may, however, be
accessed for security and non-security purposes.
Thus, in the case of a theft on agency premises, a printout or
similar document would be obtained showing entries into the relevant
portion of the premises. This information might be conveyed to local or
other law enforcement authorities. If a question arose whether an
agency employee had in fact been at his or her workstation during non-
business hours for purposes of a claim for overtime pay, the records
[[Page 43739]]
of key card usage might be accessed to confirm or rebut the claim. The
Commission does not, however, use the key card system for regular,
routine time and attendance purposes. See 5 U.S.C. 6106. The system may
also be used for analysis of traffic and similar space usage purposes
and may be accessed as part of service of data processing systems.
Accordingly, the Commission affirms the effectiveness of the new
system of records as of June 11, 1996, with certain additional
descriptive language added to the systems notice under the headings
``System Location'' and ``Record Source Categories.'' The Commission
also adopts the two new routine uses effective on publication as
follows:
CFTC-33
Electronic key card usage.
Key card security systems are in use in the Commission's
Headquarters, Chicago, Kansas City and Los Angeles offices. While each
of these offices maintains the contents of its key card system, the
system of records itself is under the control of the Office of
Administrative Services, Commodity Futures Trading Commission, Three
Lafayette Centre, 1155 21st Street, NW, Washington, DC 20581.
Secs. 2(a)(2)(A)(b) and 12(b)(3), Commodity Exchange Act, 7 U.S.C.
4a(e) and 16(b)(3).
See the Commission's ``General Statement of Routine Uses,'' Nos. 1,
2, 6 and 7, Privacy Act Issuances, 1991 Comp., Vol. IV, p. 144. In
addition, information contained in this system may be disclosed by the
Commission (1) to any person in connection with architectural, security
or other surveys concerning use of office space and (2) to employees
and contractors for the purpose of maintenance or service of data
processing systems.
Paper records in file folders, computer diskettes and computer
memory.
By name of the subject, by assigned key card number, by time period
and by entry point.
Information from the Commission's landlords' data bases may only be
requested from the landlords by the Director of the Office of
Administrative Services, or his/her designee. The Commission maintains
all key card usage records in limited access areas at all times.
In accordance with the general record schedules and the
Commission's record management handbook the records in the system are
considered temporary and are destroyed when no longer required.
Director, Office of Administrative Services, Commodity Futures
Trading Commission, Three Lafayette Centre, 1155 21st Street, NW,
Washington, DC 20581.
Individuals seeking to determine whether the system of records
contains information about themselves, seeking access to records about
themselves in the system of records or contesting the content of
records about themselves should address written inquiries to the FOIA,
Privacy and Sunshine Acts Compliance Staff, Commodity Futures Trading
Commission, Three Lafayette Centre, 1155 21st Street, NW, Washington,
DC 20581. The system of records and the notification, access and
challenge procedures apply only to records of key card usage in the
Commission's actual possession. None of these applies to any
information solely in a landlord's possession.
See ``Notification Procedures,'' above.
See ``Notification Procedures,'' above.
With one exception, information in the system is supplied by the
Commission's landlords in Washington, DC, Chicago, Kansas City and Los
Angeles, typically on request. Information supplied is a record of use
of electronic key cards and in that sense the information is obtained
directly from the users of the key cards. Both the landlord and the
Commission maintain key card systems in Chicago. Information in the
data base maintained in Chicago by the Commission itself is also merely
recorded usage of electronic key cards and similarly is obtained
directly from the user of the key card.
Issued in Washington, DC, on August 20, 1996, by the Commission.
Jean A. Webb,
Secretary of the Commission.
[FR Doc. 96-21673 Filed 8-23-96; 8:45 am]
BILLING CODE 6351-01
