
[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]               
[Page 46254-46256]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se09-133]                         

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SECURITIES AND EXCHANGE COMMISSION

[Release No. PA-40; File No. S7-19-09]

 
Privacy Act of 1974: Establishment of a System of Records

AGENCY: Securities and Exchange Commission.

ACTION: Notice to establish a system of records.

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SUMMARY: In accordance with the requirements of the Privacy Act of 
1974, as amended, 5 U.S.C. 552a, the Securities and Exchange Commission 
(``Commission'' or ``SEC'') gives notice of a proposed Privacy Act 
system of records: ``Ethics Conduct Rules Files (SEC-60).'' This system 
will contain information related to applicable SEC Ethics Conduct Rules 
(currently found at 17 CFR Part 200 Subpart M), including outside 
employment and activities, and covered securities transactions, 
securities holdings and securities accounts.

DATES: The proposed system will become effective October 13, 2009, 
unless further notice is given. The Commission will publish a new 
notice if the effective date is delayed to review comments or if 
changes are made based on comments received. To be assured of 
consideration, comments should be received on or before October 8, 
2009.

ADDRESSES: Comments may be submitted by any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/other.shtml); or
     Send an e-mail to rule-comments@sec.gov. Please include 
File Number S7-19-09 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street, NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number S7-19-09. This file number 
should be included on the subject line if e-mail is used. To help us 
process and review your comments more efficiently, please use only one 
method. The Commission will post all comments on the Commission's 
Internet Web site (http://www.sec.gov/rules/other.shtml). Comments are 
also available for public inspection and copying in the Commission's 
Public Reference Room, 100 F Street, NE., Washington, DC 20549, on 
official business days between the hours of 10 a.m. and 3 p.m. All 
comments received will be posted without change; we do not edit 
personal identifying information from submissions. You should submit 
only information that you wish to make available publicly.

FOR FURTHER INFORMATION CONTACT: Barbara A. Stance, Chief Privacy 
Officer, Office of Information Technology, 202-551-7209.

SUPPLEMENTARY INFORMATION: The Commission gives notice of the proposed 
establishment of a system of records, entitled ``Ethics Conduct Rules 
Files (SEC-60).'' The system will contain information related to the 
SEC's ``Regulation Concerning Conduct of Members and Employees and 
Former Members and Employees of the Commission'' (``Ethics Conduct 
Rules''), currently located at 17 CFR Part 200 Subpart M, including 
outside employment and activities, and covered securities transactions, 
securities holdings and securities accounts.
    On May 22, 2009, to consolidate related responsibilities, the 
Commission transferred all the Commission's Ethics Rules 
responsibilities that resided in the Office of Human Resources 
(consisting particularly of the administration of all of the SEC Ethics 
Conduct Rules files) to the Commission's Ethics Office. Consistent with 
the transfer of responsibilities, the Commission is establishing a 
system of records in the Ethics Office to maintain records related to 
the Ethics Conduct Rules applicable to Commission Members and 
employees, including reports on securities transactions, holdings, and 
accounts required by applicable Federal securities laws and 
regulations.
    The Commission has submitted a report of the system of records to 
the Senate Committee on Homeland Security and Government Affairs, the

[[Page 46255]]

House Committee on Government Reform, and the Office of Management and 
Budget, pursuant to 5 U.S.C. 552a(r) of the Privacy Act of 1974, as 
amended, and Appendix I to OMB Circular A-130, ``Federal Agency 
Responsibilities for Maintaining Records About Individuals,'' as 
amended on February 20, 1966 (61 FR 6435).
    Accordingly, the Commission is establishing a system of records to 
read as follows:
SEC-60

SYSTEM NAME:
    Ethics Conduct Rules Files.

SYSTEM LOCATION:
    Securities and Exchange Commission, 100 F Street, NE., Washington, 
DC 20549.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    SEC Members and employees, past and present.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Information relating to the SEC's ``Regulation Concerning Conduct 
of Members and Employees and Former Members and Employees of the 
Commission'' (``Ethics Conduct Rules''), currently located at 17 CFR 
Part 200 Subpart M, including outside employment and activities, and 
covered securities transactions, securities holdings and securities 
accounts.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    The Federal securities laws (15 U.S.C. 77s, 78w, 77sss, 80a-37 and 
80b-11) and the regulations promulgated thereunder, including the 
Ethics Conduct Rules currently located at 17 CFR Part 200 Subpart M.

PURPOSE(S):
    For use by authorized SEC Ethics Office personnel, designated by 
the Ethics Counsel, and from time to time certain other SEC personnel, 
designated by the Ethics Counsel in his or her discretion, in 
connection with their official functions related to administering and 
supervising compliance with the Commission's Ethics Conduct Rules.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES 
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to those disclosures generally permitted under 5 U.S.C. 
552a(b) of the Privacy Act, these records or information contained 
therein may specifically be disclosed outside the Commission as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    1. To a Federal, State, or local law enforcement agency if the 
disclosing agency becomes aware of a violation or potential violation 
of law or regulation;
    2. To a court or party in a court or Federal administrative 
proceeding if the Government is a party or in order to comply with a 
judge-issued subpoena;
    3. To a source when necessary to obtain information relevant to a 
conflict of interest or securities law investigation or decision;
    4. To the National Archives and Records Administration or the 
General Services Administration in records management inspections;
    5. To the Office of Management and Budget during legislative 
coordination on private relief legislation;
    6. To the Department of Justice or in certain legal proceedings 
when the disclosing agency, and employee of the disclosing agency, or 
the United States is a party to litigation or has an interest in the 
litigation and the use of such records is deemed relevant and necessary 
to the litigation;
    7. To reviewing officials in a new office, department or agency 
when an employee transfers from one position to another subject to the 
Ethics Conduct Rules;
    8. To a Member of Congress or a congressional office in response to 
an inquiry made on behalf of an individual who is the subject of the 
record;
    9. To interns, grantees, experts and contractors who have been 
engaged by the Commission to assist in the performance of a service 
related to this system of records and who need access to the records 
for the purpose of assisting the Commission in the efficient 
administration of its programs. Recipients of these records shall be 
required to comply with the requirements of the Privacy Act of 1974, as 
amended, 5 U.S.C. 552a;
    10. When (1) it is suspected or confirmed that the security or 
confidentiality of information in the system of records has been 
compromised; (2) the Commission has determined that as a result of the 
suspected or confirmed compromise there is a risk of harm to economic 
or property interests, identity theft or fraud, or harm to the security 
or integrity of this system or other systems or programs (whether 
maintained by the Commission or another agency or entity) that rely 
upon the compromised information; and (3) the disclosure is made to 
such agencies, entities, and persons who are reasonably necessary to 
assist in connection with the Commission's efforts to respond to the 
suspected or confirmed compromise and prevent, minimize, or remedy such 
harm; and
    11. As a data source for management information for production of 
summary descriptive statistics and analytical studies in support of the 
function for which the records are collected and maintained; may also 
be utilized to respond to general requests for statistical information 
(without personal identification of individuals) under the Freedom of 
Information Act.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, 
AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
    Records are maintained in electronic and paper format. Electronic 
records are stored in computerized databases and/or on computer disc. 
Paper records and records on computer disc are stored in locked file 
rooms and/or metal file cabinets.

RETRIEVABILITY:
    Records may be retrieved by the individual's name or other personal 
identifiers, as well as non-identifying information. Information 
regarding individuals may be obtained through the use of cross-
reference methodology.

SAFEGUARDS:
    Records are safeguarded in a secured environment. Buildings where 
records are stored have security cameras and 24 hour security guard 
service. Access is limited to those personnel whose official duties 
require access. Paper records are maintained in limited access areas 
during duty hours and in locked file cabinets and/or locked offices or 
file rooms at all other times. Computerized records are safeguarded 
through use of access codes and information technology security.

RETENTION AND DISPOSAL:
    These records will be maintained for 6 years or otherwise in 
accordance with records schedules of the Commission and as approved by 
the National Archives and Records Administration.

SYSTEM MANAGER(S) AND ADDRESS:
    The Ethics Counsel and the Designated Agency Ethics Official, 
Office of the General Counsel, Securities and Exchange Commission, 100 
F Street, NE., Washington, DC 20549-1050.

NOTIFICATION PROCEDURE:
    All requests to determine whether this system of records contains a 
record pertaining to the requesting individual may be directed to the 
FOIA/Privacy Act Officer, Securities and Exchange Commission, 100 F 
Street, NE., Washington, DC 20549-5100.

[[Page 46256]]

RECORD ACCESS PROCEDURES:
    Persons wishing to obtain information on the procedures for gaining 
access to or contesting the contents of these records may contact the 
FOIA/Privacy Act Officer, Securities and Exchange Commission, 100 F 
Street, NE., Washington, DC 20549-5100.

CONTESTING RECORD PROCEDURES:
    See Record Access Procedures above.

RECORD SOURCE CATEGORIES:
    Information is provided by current Members and employees of the 
Commission or their designees in accordance with the requirements of 
the SEC Ethics Conduct Rules.

EXEMPTIONS CLAIMED FOR THE SYSTEM:
    None.

    Dated: September 1, 2009.

    By the Commission.
Elizabeth M. Murphy,
Secretary.
[FR Doc. E9-21444 Filed 9-4-09; 8:45 am]

BILLING CODE 8010-01-P
