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Federal Register / Vol. 86, No. 218 / Tuesday, November 16, 2021 / Notices violation of law, whether criminal, civil, or regulatory in nature, and whether arising by general statute or particular program pursuant thereto, the relevant records in the system of records may be disclosed to the appropriate agency, whether federal, state, local, or foreign, charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing the statute, or rule, regulation, or order issued pursuant thereto.
2. Disclosure When Requesting InformationA record from this system of records may be disclosed to a federal, state, or local agency or to another public or private source maintaining civil, criminal, or other relevant enforcement information or other pertinent information, if and to the extent necessary to obtain information relevant to an Access Board decision concerning the hiring or retention of an employee, personnel security e.g., suitability/fitness determinations, or the letting of a contract.
3. Disclosure of Existence of Record InformationWith the approval of the Access Board Executive Director, the Director of Administration or his or her designee, the fact that this system of records includes information relevant to a federal agencys decision in connection with the hiring or retention of an employee, personnel security e.g., suitability, fitness determinations, retention of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit may be disclosed to that federal agency.
4. Disclosure in LitigationA record from this system of records may be disclosed in a proceeding before a court or other adjudicative body in which the Access Board, an employee of the Access Board in his or her official capacity, or an employee of the Access Board in his or her individual capacity if the Access Board or the Department of Justice DOJ has agreed to represent him or her is a party, or the United States or any other federal agency is a party and the Access Board determines that it has an interest in the proceeding, if the Access Board determines that the record is relevant to the proceeding and that the use is compatible with the purpose for which the Access Board collected the information.
5. Disclosure to the Department of Justice in LitigationWhen the Access Board, an employee of the Access Board in his or her official capacity, or an employee of the Access Board in his or her individual capacity whom the Access Board has agreed to represent is a party to a proceeding before a court or
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other adjudicative body, or the United States or any other federal agency is a party and the Access Board determines that it has an interest in the proceeding, a record from this system of records may be disclosed to the DOJ if the Access Board is consulting with the DOJ
regarding the proceeding or has decided that the DOJ will represent the Access Board, or its interest, in the proceeding and the Access Board determines that the record is relevant to the proceeding and that the use is compatible with the purpose for which the Access Board collected the information.
6. Congressional InquiriesA record from this system of records may be disclosed to a congressional office from the record of an individual in response to an inquiry from the congressional office made at the request of the individual.
7. Disclosure in Response to a Federal Data BreachA record from this system of records may be disclosed to appropriate agencies, entities, and persons when: 1 The Access Board suspects or has confirmed that there has been a breach of the system of records;
2 the Access Board as determined that, as a result of the suspected or confirmed breach, there is a risk of harm to individuals, the Board including its information systems, programs, and operations, the Federal Government, or national security; and 3 the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with Access Board efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.
8. Contractors, Experts, and ConsultantsTo contractors, experts, consultants, and the agents of thereof, and others performing or working on a contract, service, cooperative agreement, or other assignment for the Access Board when necessary to accomplish an agency function. Individuals provided information under this routine use are subject to the same Privacy Act requirements and limitations on disclosure as are applicable to Access Board employees.
9. Records ManagementTo the National Archives and Records Administration or to the General Services Administration for records management inspections conducted under 44 U.S.C. 2904 and 2906.
10. Gathering InformationTo any source from which information is requested in the course of processing a grievance, investigation, arbitration, or other litigation, to the extent necessary to identify the individual, inform the source of the purposes of the request,
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and identify the type of information requested.
11. Disclosure to a Federal Agency To disclose information to a Federal agency, in response to its request, in connection with hiring or retaining an employee, issuing a security clearance, conducting a security or suitability investigation of an individual, or classifying jobs, to the extent that the information is relevant and necessary to the requesting agencys decision on the matter.
12. Assistance to Federal Agencies and EntitiesTo another Federal agency or Federal entity, when the Access Board determines that information from this system is reasonably necessary to assist the recipient agency or entity in:
a Responding to a suspected or confirmed breach or b preventing, minimizing, or remedying the risk of harm to individuals, the recipient agency or entity including its information systems, program, and operations, the Federal Government, or national security, resulting from a suspected or confirmed breach.
13. Medical ProvidersTo physicians or other medical professionals to provide them with, or obtain from them, the necessary medical documentation and/or certification for reasonable accommodations.
14. Decisions Concerning Reasonable AccommodationA record in this system of records may be disclosed, but only to the extent necessary, to individuals involved in processing a request for reasonable accommodation or in providing any accommodation granted, including medical professionals; agency counsel;
individuals consulted outside of the Access Board, such as employees of the Equal Employment Opportunity Commission or other federal agencies concerning the Access Boards legal obligations; and vendors of assistive technology or other devices needed as accommodations.
15. Alternative Dispute Resolution To appropriate third-parties contracted by the Access Board to facilitate mediation or other alternative dispute resolution procedures or programs.
16. Medical EmergencyTo medical personnel to meet a bona fide medical emergency.
POLICIES AND PRACTICES FOR STORAGE OF
RECORDS:

Records in this system consist of electronic and/or hard-copy paper records. Paper files are maintained in locked file cabinets. Electronic records are maintained in restricted access folders on the Access Boards internal, cloud-based General Support System
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