Privacy Act of 1974: System of Records

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