Federal Register: November 26, 2008 (Volume 73, Number 229)
DOCID: fr26no08-136 FR Doc E8-28183
DEPARTMENT OF VETERANS AFFAIRS
Veterans Affairs Department
NOTICE: NOTICES
DOCID: fr26no08-136
ACTION: Agency Information Collection Activities; Proposals, Submissions, and Approvals:
DOCUMENT ACTION: Notice of New System of Records.
SUBJECT CATEGORY:
Privacy Act of 1974
DATES: Comments on this new system of records must be received no later than December 26, 2008. If no public comment is received during the period allowed for comment or unless otherwise published in the Federal Register by VA, the new system will become effective December 26, 2008.
DOCUMENT SUMMARY:
The Privacy Act of 1974 (5 U.S.C. 552(e)(4)) requires that all agencies publish in the Federal Register a notice of the existence and character of their systems of records. Notice is hereby given that the Department of Veterans Affairs (VA) is establishing a new system of records entitled ``Administrative Data RepositoryVA'' (150VA19).
SUMMARY:
Privacy Act; Systems of Records,
SUPPLEMENTAL INFORMATION
[[Page 72118]]
I. Description of Proposed Systems of Records
VHA Administrative Data Repository, ADR, is the enterprise data store for VHA persons. It includes identity, demographic and other administrative data for patients and nonpatients, including employees, providers, IT users, etc.
The Administrative Data Repository (ADR) has been established to provide support for those crosscutting administrative data elements relative to multiple categories of a person entity. Although, initially focused on the computing needs of VHA, the ADR is positioned to provide identity management and demographics support for all IT systems within the Department of Veterans Affairs. As the authoritative data store for cross cutting administrative person data, the ADR will establish and manage this data as a VHA corporate asset. Stateoftheart security methodology will be implemented to ensure the integrity and confidentiality of person data administered by the ADR.
II. Proposed Routine Use Disclosures of Data in the System
To the extent that records contained in the system include information protected by 38 U.S.C. 7332, i.e., medical treatment information related to drug abuse, alcoholism, or alcohol abuse, sickle cell anemia or infection with the human immunodeficiency virus, that information cannot be disclosed under a routine use unless there is also specific statutory authority permitting disclosure.
Data stored in ADR is used as the source of identity, demographic and other administrative data for VHA enterprise. The routine uses of records maintained in the system, including categories of users and the purposes of such uses are described below:
VHA is proposing the following routine use disclosures of information to be maintained in the system:
1. The record of an individual who is covered by a system of records may be disclosed to a Member of Congress, or a staff person acting for the Member, when the Member or staff person requests the record on behalf of and at the written request of the individual.
2. Disclosure may be made to National Archives and Records Administration (NARA) and the General Services Administration (GSA) in records management inspections conducted under authority of Title 44, Chapter 29, of the United States Code (U.S.C). NARA and GSA are responsible for management of old records no longer actively used, but which may be appropriate for preservation, and for the physical maintenance of the Federal government's records. VA must be able to provide the records to NARA and GSA in order to determine the proper disposition of such records.
3. Disclosure may be made to other Government agencies in support of data exchanges of electronic medical record information approved by the individual.
4. VA may disclose on its own initiative any information in this system, except the names and home addresses of veterans and their dependents, that is relevant to a suspected or reasonably imminent violation of law, whether civil, criminal or regulatory in nature and whether arising by general or program statute or by regulation, rule or order issued pursuant thereto, to a Federal, State, local, tribal, or foreign agency charged with the responsibility of investigating or prosecuting such violation, or charged with enforcing or implementing the statute, regulation, rule or order. VA may also disclose on its own initiative the names and addresses of veterans and their dependents to a Federal agency charged with the responsibility of investigating or prosecuting civil, criminal or regulatory violations of law, or charged with enforcing or implementing the statute, regulation, rule or order issued pursuant thereto.
5. VA may disclose information from this system of records to the Department of Justice (DoJ), either on VA's initiative or in response to DoJ's request for the information, after either VA or DoJ determines that such information is relevant to DoJ's representation of the United States or any of its components in legal proceedings before a court or adjudicative body, provided that, in each case, the agency also determines prior to disclosure that release of the records to the DoJ is a use of the information contained in the records that is compatible with the purpose for which VA collected the records. VA, on its own initiative, may disclose records in this system of records in legal proceedings before a court or administrative body after determining that the disclosure of the records to the court or administrative body is a use of the information contained in the records that is compatible with the purpose for which VA collected the records.
6. Disclosures of relevant information may be made to individuals, organizations, private or public agencies, or other entities with whom VA has a contract or agreement or where there is a subcontract to perform the services as VA may deem practicable for the purposes of laws administered by VA, in order for the contractor or subcontractor to perform the services of the contract or agreement. This routine use includes disclosures by the individual or entity performing the service for VA to any secondary entity or individual to perform an activity that is necessary for individuals, organizations, private or public agencies, or other entities or individuals with whom VA has a contract or agreement to provide the service to VA.
7. Disclosure to other Federal agencies may be made to assist such agencies in preventing and detecting possible fraud or abuse by individuals in their operations and programs.
8. VA may disclose information to the Equal Employment Opportunity Commission when requested in connection with investigations of alleged or possible discriminatory practices, examination of Federal affirmative employment programs, or for other functions of the Commission as authorized by law or regulation. VA must be able to provide information to the Commission to assist it in fulfilling its duties to protect employee's rights, as required by statute and regulation.
9. VA may disclose to the Fair Labor Relations Authority (FLRA) (including its General Counsel) information related to the establishment of jurisdiction, the investigation and resolution of allegations of unfair labor practices, or information in connection with the resolution of exceptions to arbitration awards when a question of material fact is raised; to disclose information in matters properly before the Federal Services Impasse Panel, and to investigate representation petitions and conduct or supervise representation elections. VA must be able to provide information to FLRA to comply with the statutory mandate under which it operates.
10. VA may disclose information to officials of the Merit Systems Protection Board (MSPB), or the Office of Special Counsel, when requested in connection with appeals, special studies of the civil service and other merit systems, review of rules and regulations, investigation of alleged or possible prohibited personnel practices, and such other functions, promulgated in 5 U.S.C. 1205 and 1206, or as authorized by law.
11. VA may, on its own initiative, disclose any information or
records to appropriate agencies, entities, and persons when (1) VA
suspects or has confirmed that the integrity or confidentiality of
information in the system of records has been compromised; (2) the
Department has determined that as a result of the suspected or confirmed compromise,
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there is a risk of embarrassment or harm to the reputations of the
record subjects, harm to economic or property interests, identity theft
or fraud, or harm to the security, confidentiality, or integrity of
this system or other systems or programs (whether maintained by the
Department or another agency or disclosure is to agencies, entities, or
persons whom VA determines are reasonably necessary to assist or carry
out the Department's efforts to respond to the suspected or confirmed
compromise and prevent, minimize, or remedy such harm. This routine use
permits disclosures by the Department to respond to a suspected or
confirmed data breach, including the conduct of any risk analysis or
provision of credit protection services as provided in 38 U.S.C. 5724, as the terms are defined in 38 U.S.C. 5727.
III. Compatibility of the Proposed Routine Uses
The Privacy Act permits VA to disclose information about individuals without their consent for a routine use when the information will be used for a purpose that is compatible with the purpose for which VA collected the information. In all of the routine use disclosures described above, either the recipient of the information will use the information in connection with a matter relating to one of VA's programs, will use the information to provide a benefit to VA, or disclosure is required by law.
The notice of intent to publish and an advance copy of the system
notice have been sent to the appropriate Congressional committees and
to the Director of the Office of Management and Budget (OMB) as
required by 5 U.S.C. 552a(r) (Privacy Act) and guidelines issued by OMB (65 FR 77677), December 12, 2000.
Approved: November 7, 2008.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.
150VA19
FOR FURTHER INFORMATION CONTACT
Stephania H, Putt, Veterans Health Administration (VHA) Privacy Officer, Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, telephone (704) 245 2492.