FR 2024-28247

The document published by the Federal Energy Regulatory Commission (FERC) announces updates to its system of records concerning Equal Employment Opportunity (EEO) discrimination complaints, aligning with the provisions of the Privacy Act of 1974. This system, now titled "Commission Equal Employment Opportunity (EEO) Discrimination Complaint Records (FERC-19)," gathers and maintains data from complaints filed by FERC employees, contractors, and others related to EEO matters. The modifications include new routine uses of these records, notably the potential for sharing information during a data breach.

General Summary

The announcement from FERC is a routine exercise under the Privacy Act, requiring federal agencies to notify the public of changes to their systems of records. This notice specifies modifications to an existing system concerning discrimination complaints, introducing new procedures for maintaining and potentially sharing information, particularly in response to data breaches. Public comments on these updates are invited for 30 days from the publication date, emphasizing transparency and community engagement.

Significant Issues or Concerns

A few important issues stand out in this announcement:

• The document refers to "twelve (12) modified and new routine uses" but does not give a detailed description of each within this notice. This lack of specificity could necessitate further research by stakeholders to fully understand the implications.

• Although the document mentions sharing information during a data breach, it does not elaborate on how FERC will determine the severity of a breach and when it qualifies for notification and sharing with other agencies. This lack of detail could create uncertainty about the criteria used for data breach notifications.

• The language around data access control features terms like "Single Sign-On and Multi-Factor Authentication Solution," which might be technical for a layperson. A simpler explanation might have enhanced clarity for a general audience.

• Data retention policies mention that records can be kept longer if needed for "business use," yet they do not clarify what constitutes this criterion or provide examples, which could lead to issues in understanding the retention policy's flexibility.

• While the document directs individuals on how to access records via the Freedom of Information Act (FOIA), it could better clarify the processes for contesting or requesting amendments to these records — simply directing to access procedures may not provide sufficient guidance for all individuals.

Impact on the Public

Broadly, the public may view these updates as part of ongoing efforts to maintain transparency and accountability in federal government operations, particularly regarding sensitive issues like discrimination complaints. However, the lack of specificity in certain areas might hinder the public's ability to fully understand the scope and implications of the changes.

Impact on Specific Stakeholders

Specific stakeholders, including FERC employees, contractors, and individuals filing or involved in EEO complaints, may find these updates impacting how their data is handled and potentially shared. On a positive note, improved data handling in response to breaches indicates heightened privacy and security considerations. However, the lack of detailed disclosure about routine uses and breach criteria might leave stakeholders uncertain about their data's future handling and security.

Similarly, those involved in federal records management, legal professionals, and privacy advocates will likely scrutinize these changes for compliance and effectiveness, potentially pushing for greater clarity and precision in future notices.

Overall, while FERC's announcement represents due diligence in federal transparency, it also highlights areas where clearer communication could improve public understanding and stakeholder trust in the system.