On Oct. 22, PBGC proposed amendment to Privacy act regulation.
PBGC proposed amendment to Privacy act (29 CFR 4902) to exempt a system of records that supports law enforcement investigations through legal case management.
Background
Agency administers two insurance programs for private defined benefit pension plans.
Includes single-employer plan termination insurance program and multi-employer plan insolvency insurance program; also administers a special financial assistance program.
Is subject to the Privacy act in regards to collection, maintenance, use, dissemination of any personally identifiable information that it maintains in a system of records.
System collects, maintains personally identifiable information obtained by Office of General Counsel for administrative, civil, or criminal law enforcement investigations.
Used to facilitate law enforcement investigations, activities, referrals for investigation.
Proposed Amendment
Exempts system of records PBGC-19, Office of negotiations and restructuring/Office of general counsel case Management system-PBGC from provisions under 5 USC 552a.
Disclosure, requirements of Privacy act could substantially compromise the efficacy and integrity of PBGC's ability to investigate administrative, civil, criminal legal matters
The disclosure could invade privacy of individuals, disclose identity when expressly promised confidentiality; hamper integrity of information subject to legal privileges.
Consultation
Comments on proposed amendment must be received on or before Nov. 21, 2024.
Dec. 2024 PBGC Final Rule
On Dec. 5, 2024, PBGC published Privacy act final rule amendment in federal register.
Creates new section 29 CFR 4902.13, Specific exemptions: legal case management.
The amendments exempt a system of records that supports law enforcement investigations through legal case management; final rule is effective Jan. 6, 2025.
