[Federal Register Volume 75, Number 70 (Tuesday, April 13, 2010)]
[Notices]
[Pages 18837-18841]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-8413]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Office of Public Health and Science, Office of Minority Health;
Privacy Act of 1974; Report of a New System of Records
AGENCY: Department of Health and Human Services, Office of the
Secretary, Office of Public Health and Science, Office of Minority
Health.
ACTION: Notice of a new Privacy Act System of Records (SOR).
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SUMMARY: In accordance with the requirements of the Privacy Act, OMH
proposes to establish a new system of records entitled, ``Minority
Health Information Service.'' Under provisions of 42 U.S.C. sec. 300u-
6, the Office of Minority Health (OMH) is charged with maintaining a
national minority health resource center to (1) Facilitate exchange of
and access to information related to health information, promotion,
services and education; (2) assist in analysis of issues and problems
with regard to such matters; and (3) provide technical assistance with
regard to the exchange of such information. The primary purpose of this
system is to collect and facilitate distribution of minority health
information to public and professional audiences. In support of this
purpose, this system maintains individually identifiable information
concerning individuals voluntarily participating in OMH health
campaigns and technical assistance programs, and concerning information
requested by individually identifiable customers that is maintained to
facilitate order tracking and customer service.
DATES: Effective Dates: This notice will become effective 30 days from
the date of publication of the notice unless modified by a subsequent
notice making changes in response to public comments. Although the
Privacy Act requires only that OMH provide an opportunity for
interested persons to comment on the proposed routine uses, OMH invites
comments on all portions of this notice.
FOR FURTHER INFORMATION CONTACT: Blake Crawford, Director, Division of
Information and Education, Office of Minority Health, 1101 Wootton
Parkway, Suite 600, Rockville, MD 20852. He can be reached by telephone
at 240-453-6905 or via e-mail at blake.crawford@hhs.gov.
SUPPLEMENTARY INFORMATION: Generally, OMH distributes a variety of
information via e-mail newsletter, maintains a Resource Persons Network
of public and private health experts, plans and implements health
campaigns and leads national initiatives with federal and nonfederal
partners, conducts leadership development programs, provides capacity
development and technical assistance services to community
organizations and government agencies and provides information,
literature and statistical data in response to public inquiries. The
Minority Health Information Service supports the mission of the OMH
Resource Center (OMHRC) to function as a help desk and technical
assistance service for the public and an organization that assists OMH
in implementing national initiatives and
[[Page 18838]]
campaigns. The Minority Health Information Service stores data on
individuals who ask, via telephone, mail, e-mail, Web form, face to
face encounter or other means, to participate in or be regularly
informed of these OMH activities. The resource center is managed under
contract to OMH, and its offices are located on the same floor of the
same building as OMH.
I. Description of the Proposed System of Records
A. Statutory Basis: The statutory basis for the maintenance of this
system is 42 U.S.C. 300u-6.
B. Security Classification: None.
C. System Location: The system is located at OMHRC, 1101 Wootton
Parkway, Suite 650, Rockville, MD 20852 and OMH, 1101 Wootton Parkway,
Suite 600, Rockville, MD 20852.
D. Purpose: The purpose of the system is to (1) Identify
individuals who have volunteered to provide pro bono technical
assistance to community organizations or government agencies on aspects
of minority health; (2) identify key officials at national, state,
regional and local organizations who serve as public points of contact
for that organization or work specifically on minority health issues;
and (3) allow the OMH Resource Center contractor to operate, maintain
and safeguard the data system.
E. Categories of Individuals Covered by the System:
Information is collected on members of the general public, health
professionals, faculty of academic institutions, students,
representatives of government agencies, community organizations and
private businesses who seek health information from OMH or its Resource
Center, and those who ask to or agree to participate in OMH-sponsored
health programs.
The system of records includes the following subsystems:
1. Mailing List: Individuals who have asked to receive OMH's
electronic newsletter and intermittent e-mail updates.
2. Resource Persons Network: Individuals with health expertise who
have volunteered to provide some pro bono technical assistance to
community organizations of government agencies working on aspects of
minority health.
3. Training Institute File: Individuals who have applied to and are
participating in a leadership development course for emerging and
future leaders of community organizations.
4. Campaign File: Individuals who have volunteered to participate
in an OMH campaign, currently comprising individuals who have
volunteered to train peers on healthy living and pre-conception care.
5. Organizational Databases: Business contact information for
official representatives of organizations working on minority health or
participating in OMH initiatives, along with organizational
descriptions.
6. Inquiry Tracking System: Details, by customer name, of
information requests directed to OMH Resource Center and data on
fulfillment of these requests.
F. Information Collected:
The following information is collected.
1. Mailing List: Name, business address, organizational
affiliation, telephone, and e-mail.
2. Resource Persons Network, Training Institute File, Campaign
File: Name, business address, organizational affiliation, title,
telephone, e-mail, fax, resume, race/ethnicity, areas in which
individual offers expertise, health topics or populations with which
the individual wishes to work.
3. Organizational Databases: Name of organization and key contact
person, business address, telephone, e-mail, Web site URL, description
of organization.
4. Inquiry Tracking System: Name of requestor, organizational
affiliation, business address, telephone, e-mail, fax, occupational
category (health professional, academic, etc.), source of referral,
information requested, fulfillment details (date shipped, etc.).
G. Sources of Information: Information is collected via mail, e-
mail, Web form, telephone or in person at conferences and meetings from
individuals who receive some type of communication from OMH. Listings
in the organizational database are generally drawn from publicly
available documents such as directories, newsletters, and
organizational Web sites and are confirmed through direct contact with
the organization. Names of contact individuals at organizations
partnering with OMH on an initiative, project or campaign are provided
by the organization.
H. Storage and Retrievability:
Records are stored in file folders, electronic media and other
types of data storage devices.
Data are retrievable by name, business address, telephone, e-mail,
organizational affiliation, and type of technical assistance provided
(for the Resource Persons Network).
I. System Manager and Address: Director, Division of Information
and Education, Office of Minority Health, 1101 Wootton Parkway, Suite
600, Rockville, MD 20852.
J. Notification Procedure: To determine whether the system contains
a record on you, please write to the system manager at the address
above, providing name, address, e-mail, telephone and organizational
affiliation.
K. Contesting Records: Mailing list members may unsubscribe from
the mailing list or correct their entry by clicking on a link in an e-
mail received from the system. Unsubscribing will remove subscriber
information from the system. For all other deletions and corrections,
please write, call, e-mail or fax Office of Minority Health Resource
Center, 1101 Wootton Parkway, Suite 650, Rockville, MD 20852, telephone
800-444-6472, e-mail info@omhrc.gov, fax 240-453-2883. The identity of
the requestor will be verified by comparison with information contained
in the existing record. An individual may request accounting of
disclosures outside the department. The right to contest records is
limited to information that is incomplete, irrelevant, incorrect, or
untimely.
II. Agency Policies, Procedures, and Restrictions on Routine Uses
The Privacy Act permits the disclosure of information without an
individual's consent if the information is used for a purpose that is
compatible with the purpose(s) for which the information was collected.
Any such disclosure of data is known as ``routine use.'' OMH maintains
the following procedures for the maintenance of personally identifiable
information:
A. We will only release information from this system as provided
for under ``Section III. Routine Uses of Records.''
B. We will only collect the minimum data necessary to achieve the
purpose of the Minority Health Information Service.
C. We will collect and disclose only data that OMH has determined
to be accurate.
D. We will validate information in the system annually, and as
corrections are received from the public.
E. We will provide opportunities and methods for individual
correction of data in the system consistent with requirements of the
Privacy Act.
F. We will publish on the OMH Web site our Privacy Policy for
information collected via this Web site.
III. Routine Uses of Records
1. To identify one or more individuals who have volunteered to
provide pro bono technical assistance to a community organization or
government agency on aspects of minority health in
[[Page 18839]]
response to a specific request for assistance. OMHRC staff provide one
or more names and associated contact information to requesting
organizations when OMHRC staff finds a match between an assistance
request and a Resource Persons Network member with relevant expertise,
experience and background, and when the request matches the activities,
health topics, or populations for which the network member has
specified that he or she is available to assist.
2. To identify key officials at national, state, regional and local
organizations who serve as public points of contact for that
organization or its work specifically on minority health. Information
searches are provided on request. Contact information for OMH campaign
and initiative partners may be posted on the OMH Web site.
3. To allow the OMH Resource Center contractor to operate this data
system. OMH uses a contractor to operate the OMH Resource Center, which
maintains the Minority Health Information Service. This contractor
collects the information, maintains the data system and safeguards the
data under the provisions outlined in this notice and applicable law
and regulation. The contractor is prohibited from using these data for
any purpose other than described in the contract and is required to
return all data to the government or deliver it securely to a
government-designated successor contractor, at the completion of the
contract.
4. To appropriate Department contractors to enable conduct of
evaluation studies or administration of OMB-approved customer
satisfaction surveys.
5. To appropriate federal agencies and Department contractors that
have a need to know the information for the purpose of assisting the
department's efforts to respond to a suspected or confirmed breach of
the security or confidentiality of information maintained in the system
of records, and the information disclosed is relevant and necessary for
the assistance.
6. To the Department of Justice, or in a proceeding before a court,
adjudicative body, or other administrative body before which the Agency
is authorized to appear, when:
a. The Agency, or any component thereof; or
b. Any employee of the Agency in his or her official capacity; or
c. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency has agreed to represent
the employee; or
d. The United States, if the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or the Agency is deemed by the
Agency to be relevant and necessary to the litigation; provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
IV. Protections and Safeguards
The system conforms to all applicable Federal laws and regulations
and Federal and HHS policies and standards for information security and
data privacy. The OMH system manager, OMHRC senior leadership and OMHRC
technology manager confer to review and ensure compliance with
provisions of this notice and any changes in security requirements.
A. Authorized Users
Records are available to the system manager and OMH staff when they
have a need for the records in the performance of their duties. Records
are also available to OMHRC technology staff, OMHRC director and deputy
director, OMHRC communications staff, OMHRC information specialists
(mailing list, organizational databases, inquiry tracking system),
OMHRC knowledge center/library staff (organizational data bases and
resource persons network), OMHRC data entry staff, who need access in
order to perform their duties.
B. Safeguards
Data systems are in a secured office space with a carded entrance.
Servers are located in a locked rack. Data are backed up nightly with a
one-month daily snapshot available at any time and monthly snapshots
for a year. Annual training is required and conducted for authorized
users regarding proper handling and safeguarding of personally
identifiable information. OMH and OMHRC staff are trained on HHS
policies regarding personal use of health information technology.
V. Effects on Individual Rights
OMH proposes to establish this system in accordance with the
principles and requirements of the Privacy Act and will collect, use,
and disseminate information only as prescribed therein. Data in this
system will be subject to authorized releases in accordance with the
routine uses identified in this system of records.
OMH will take precautionary measures to minimize the risks of
unauthorized access to the records and the potential harm to individual
privacy or other personal property rights of individuals whose data are
maintained in the system. OMH will collect only that information
necessary to perform the system's functions. In addition, OMH will make
disclosure from the system only with the consent of the subject
individual, his or her legal representative, or in accordance with an
applicable exception provision of the Privacy Act. OMH therefore does
not anticipate an unfavorable effect on individual privacy as a result
of information relating to individuals.
Date: March 22, 2010.
Garth N. Graham,
Deputy Assistant Secretary for Minority Health.
SYSTEM NO.:
09-90-0161
SYSTEM NAME:
``Minority Health Information Service,'' HHS/OS/OPHS/OMH.
SECURITY CLASSIFICATION:
None.
SYSTEM LOCATION:
The system is located at OMHRC, 1101 Wootton Parkway, Suite 650,
Rockville, MD 20852 and OMH, 1101 Wootton Parkway, Suite 600,
Rockville, MD 20852.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Information is collected on members of the general public, health
professionals, faculty of academic institutions, students,
representatives of government agencies, community organizations and
private businesses who seek health information from OMH or its Resource
Center, and those who ask to or agree to participate in OMH-sponsored
health programs.
CATEGORIES OF RECORDS IN THE SYSTEM:
The system of records includes the following subsystems:
7. Mailing List: Individuals who have asked to receive OMH's
electronic newsletter and intermittent e-mail updates. Information
collected: Name, business address, organizational affiliation,
telephone, and e-mail.
8. Resource Persons Network: Individuals with health expertise who
have volunteered to provide some pro bono technical assistance to
community organizations of government agencies working on aspects of
minority health. Information collected: Name, business address,
organizational affiliation, title, telephone, e-mail, fax, resume,
race/ethnicity, areas in which individual
[[Page 18840]]
offers expertise, health topics or populations with which the
individual wishes to work.
9. Training Institute File: Individuals who have applied to and are
participating in a leadership development course for emerging and
future leaders of community organizations. Information collected: Name,
business address, organizational affiliation, title, telephone, e-mail,
fax, resume, race/ethnicity, areas in which individual offers
expertise, health topics or populations with which the individual
wishes to work.
10. Campaign File: Individuals who have volunteered to participate
in an OMH campaign, currently comprising individuals who have
volunteered to train peers on healthy living and pre-conception care.
Information collected: Name, business address, organizational
affiliation, title, telephone, e-mail, fax, resume, race/ethnicity,
areas in which individual offers expertise, health topics or
populations with which the individual wishes to work.
11. Organizational Databases: Business contact information for
official representatives of organizations working on minority health or
participating in OMH initiatives, along with organizational
descriptions. Information collected: Name of organization and key
contact person, business address, telephone, e-mail, Web site URL,
description of organization.
12. Inquiry Tracking System: Details, by customer name, of
information requests directed to OMH Resource Center and data on
fulfillment of these requests. Information collected: Name of
requestor, organizational affiliation, business address, telephone, e-
mail, fax, occupational category (health professional, academic, etc.),
source of referral, information requested, fulfillment details (date
shipped etc.).
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
The statutory basis for the maintenance of this system is 42 U.S.C.
300u-6.
PURPOSES OF THE SYSTEM:
The purpose of the system is to (1) Identify individuals who have
volunteered to provide pro bono technical assistance to community
organizations or government agencies on aspects of minority health; (2)
identify key officials at national, state, regional and local
organizations who serve as public points of contact for that
organization or work specifically on minority health issues; and (3)
allow the OMH Resource Center contractor to operate, maintain and
safeguard the data system.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
7. To identify one or more individuals who have volunteered to
provide pro bono technical assistance to a community organization or
government agency on aspects of minority health in response to a
specific request for assistance. OMHRC staff provide one or more names
and associated contact information to requesting organizations when
OMHRC staff finds a match between an assistance request and a Resource
Persons Network member with relevant expertise, experience and
background, and when the request matches the activities, health topics,
or populations for which the network member has specified that he or
she is available to assist.
8. To identify key officials at national, state, regional and local
organizations who serve as public points of contact for that
organization or its work specifically on minority health. Information
searches are provided on request. Contact information for OMH campaign
and initiative partners may be posted on the OMH Web site.
9. To allow the OMH Resource Center contractor to operate this data
system. OMH uses a contractor to operate the OMH Resource Center, which
maintains the Minority Health Information Service. This contractor
collects the information, maintains the data system and safeguards the
data under the provisions outlined in this notice and applicable law
and regulation. The contractor is prohibited from using these data for
any purpose other than described in the contract and is required to
return all data to the government or deliver it securely to a
government-designated successor contractor, at the completion of the
contract.
10. To appropriate Department contractors to enable conduct of
evaluation studies or administration of OMB-approved customer
satisfaction surveys.
11. To appropriate federal agencies and Department contractors that
have a need to know the information for the purpose of assisting the
department's efforts to respond to a suspected or confirmed breach of
the security or confidentiality of information maintained in the system
of records, and the information disclosed is relevant and necessary for
the assistance.
12. To the Department of Justice, or in a proceeding before a
court, adjudicative body, or other administrative body before which the
Agency is authorized to appear, when:
i. The Agency, or any component thereof; or
ii. Any employee of the Agency in his or her official capacity; or
iii. Any employee of the Agency in his or her individual capacity
where the Department of Justice or the Agency has agreed to represent
the employee; or
iv. The United States, if the Agency determines that litigation is
likely to affect the Agency or any of its components, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or the Agency is deemed by the
Agency to be relevant and necessary to the litigation; provided,
however, that in each case it has been determined that the disclosure
is compatible with the purpose for which the records were collected.
POLICIES AND PRACTICES ON STORING, ACCESSING, RETRIEVING, AND DISPOSING
OF RECORDS IN THE SYSTEM:
STORAGE:
Records are stored in file folders, electronic media and other
types of data storage devices.
RETRIEVABILITY:
Data are retrievable by name, business address, telephone, e-mail,
organizational affiliation, and type of technical assistance provided
(for the Resource Persons Network)
PROTECTIONS:
The system conforms to all applicable Federal laws and regulations
and Federal and HHS policies and standards for information security and
data privacy. The OMH system manager, OMHRC senior leadership and OMHRC
technology manager confer to review and ensure compliance with
provisions of this notice and any changes in security requirements.
Records are available to the system manager and OMH staff when they
have a need for the records in the performance of their duties. Records
are also available to OMHRC technology staff, OMHRC director and deputy
director, OMHRC communications staff, OMHRC information specialists
(mailing list, organizational databases, inquiry tracking system),
OMHRC knowledge center/library staff (organizational data bases and
resource persons network), OMHRC data entry staff, who need access in
order to perform their duties.
Data systems are in a secured office space with a carded entrance.
Servers are located in a locked rack. Data are backed up nightly with a
one-month daily snapshot available at any time and monthly snapshots
for a year. Annual
[[Page 18841]]
training is required and conducted for authorized users regarding
proper handling and safeguarding of personally identifiable
information. OMH and OMHRC staff are trained on HHS policies regarding
personal use of health information technology.
RETENTION AND DISPOSAL:
1. Mailing List: Records are maintained until removed by the
individual on whom information is maintained or until the individual
requests removal.
2. Resource Persons Network: Records are maintained for as long as
the individual indicates a willingness to serve as a Resource Person by
responding affirmatively to update requests.
3. Training Institute File: Records are maintained for three years
following the end of the specific training course.
4. Campaign File: Contact information on individuals is maintained
for the duration of the campaign. Resumes are retained for one year.
5. Organizational Databases: Records are maintained until the
organization about which information is maintained no longer works in
minority health, or until the contact person for the organization
changes.
6. Inquiry Tracking System: Records are maintained for three years
following order fulfillment.
Records no longer maintained are disposed of by deletion from
electronic media and shredding of hard copy records. Electronic records
deleted from active files are maintained in system back-up files on
tape media for one year.
SYSTEM MANAGER AND ADDRESS:
Director, Division of Information and Education, Office of Minority
Health, 1101 Wootton Parkway, Suite 600, Rockville, MD 20852.
NOTIFICATION PROCEDURE:
To determine whether the system contains a record on you, please
write to the system manager at the address above, providing name,
address, e-mail, telephone and organizational affiliation.
RECORD ACCESS PROCEDURE:
To determine whether the system contains a record on you, please
write to the system manager at the address above, providing name,
address, e-mail, telephone and organizational affiliation.
CONTESTING RECORD PROCEDURES:
Contesting Records: Mailing list members may unsubscribe from the
mailing list or correct their entry by clicking on a link in an e-mail
received from the system. Unsubscribing will remove subscriber
information from the system. For all other deletions and corrections,
please write, call, e-mail or fax Office of Minority Health Resource
Center, 1101 Wootton Parkway, Suite 650, Rockville, MD 20852, telephone
800-444-6472, e-mail info@omhrc.gov, fax 240-453-2883. The identity of
the requestor will be verified by comparison with information contained
in the existing record. An individual may request accounting of
disclosures outside the department. The right to contest records is
limited to information that is incomplete, irrelevant, incorrect, or
untimely.
RECORDS SOURCE CATEGORIES:
Information is collected via mail, e-mail, Web form, telephone or
in person at conferences and meetings from individuals who receive some
type of communication from OMH. Listings in the organizational database
are generally drawn from publicly available documents such as
directories, newsletters, and organizational Web sites and are
confirmed through direct contact with the organization. Names of
contact individuals at organizations partnering with OMH on an
initiative, project or campaign are provided by the organization.
SYSTEMS EXEMPTED FROM CERTAIN PROVISIONS OF THE ACT:
None.
[FR Doc. 2010-8413 Filed 4-12-10; 8:45 am]
BILLING CODE 4150-29-P