Federal Register: November 17, 2009 (Volume 74, Number 220)
DOCID: fr17no09-146 FR Doc E9-27448
DEPARTMENT OF VETERAN AFFAIRS
Veterans Affairs Department
NOTICE: NOTICES
DOCID: fr17no09-146
DOCUMENT ACTION: Amendment of One Altered Privacy Act System of Records.
SUBJECT CATEGORY:
Privacy Act of 1974; System of Records
DATES: The amended and altered system of records, which incorporates the comments received following the initial publication, shall become effective December 17, 2009.
DOCUMENT SUMMARY:
In accordance with the Privacy Act of 1974 (5 U.S.C. 552a(e)(4)), the Department of Veterans Affairs (VA) has amended and is publishing the alteration of a system of records entitled ``Freedom of Information Act (FOIA) RecordsVA'' 119VA005R1C. The amended and altered system of records makes only administrative edits and revisions as necessary.
SUMMARY:
Privacy Act; Systems of Records
SUPPLEMENTAL INFORMATION
As required by Privacy Act of 1974 (5 U.S.C. 552a(e)(4)), this document sets forth the amendment of the alteration of a system of records maintained by VA in response to comments received following the initial publication in the Federal Register at 74 FR 990 on January 9, 2009. VA is altering System No. 119VA005R1B, ``Freedom of Information Act (FOIA) RecordsVA'' to update a change of address in the System Location and Storage and to update a change in the name and mail routing symbol of the System Manager and the system of records number. During the comment period, VA received only one response from the public which contained the several comments addressed below.
Comment: One commenter suggested changing the statutory citation found under the ``Summary'' heading of the notice from 5 U.S.C. 552(e)(4) to 5 U.S.C. 552a(e)(4).
Response: After careful review of this comment, VA agrees and has revised the notice.
Comment: One commenter suggested adding two new routine uses. The first would allow access to educational organizations/institutions that may need the records for research into the operations of VA or to determine if FOIA requests would be unnecessary or duplicative. The second would allow access to representatives of the news media who may need the records for an investigation or story of public interest.
Response: After careful review of this comment, VA disagrees with the suggested changes and therefore has not revised the notice. This system of records contains the home addresses and may also contain the home telephone numbers and email addresses of a percentage of individuals who submit FOIA requests. Educational organizations/ institutions and representatives of the news media do not possess any unique quality or characteristic that should allow them access to such personal information. Should such organizations want access to the content of this system of records, they may request the records through the Freedom of Information Act (FOIA) which would protect the personal information we have described from disclosure.
Comment: One commenter suggested that the records should be required to be indexed by subject matter and that each FOIA request should be given a request number which can be used to easily identify the request and the VA's responses.
Response: After careful review of this comment, VA disagrees with the suggestion that the records be required to be indexed by subject matter and therefore has not revised the notice. The records are indexed by the name of the requestor, date, and any other identifier deemed appropriate. The electronic data can be searched and retrieved by many other data elements when necessary, including the subject matter of the request. VA already intends to assign a FOIA tracking number, or a request number, to every request.
This Notice meets the requirement to notify the public that VA is
amending the proposed changes in the VA system of records by
incorporating the administrative changes following the initial
publication at 74 FR 990, January 9, 2009. With this notification, this system of records is effective [Insert effective date].
Dated: November 9, 2009.
John R. Gingrich,
Chief of Staff, Department of Veterans Affairs.
119VA005R1C
FOR FURTHER INFORMATION CONTACT
Director, VA FOIA Service (005R1C), Department of Veterans Affairs, 810 Vermont Avenue, NW., Washington, DC 20420, (202) 4617457.