Pension & Benefits News PBGC issues final regs that exempt system of records on insider threat detection and data loss prevention
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Monday, November 2, 2020

PBGC issues final regs that exempt system of records on insider threat detection and data loss prevention

By Pension and Benefits Editorial Staff

The Pension Benefit Guaranty Corporation (PBGC) has finalized interim regulations that exempt from disclosure information contained in a system of records that supports a program of insider threat detection and data loss prevention. According to the PBGC, the exemption is needed because records in this system include investigatory material compiled for law enforcement purposes.

The system, PBGC-26, PBGC Insider Threat and Data Loss Prevention, covers “PBGC insiders,” who are individuals with access to PBGC resources, including facilities, information, equipment, networks, and systems. This includes Federal employees and contractors. The purpose of the system is to detect anomalous behavior by PBGC insiders and, as necessary, gather information to support an investigation of an incident. Under an exemption from the Privacy Act requirements for this system, the PBGC will not be required to: (1) disclose records to an individual upon request, (2) keep an accounting of individuals who request records, (3) maintain only records as necessary to accomplish an agency purpose, or (4) publish notice of certain revisions of the system of records.

The system of records was effective July 9, 2019. The regulations, which are finalized with minor, technical amendments, are effective October 8, 2020.

Source: 85 FR 63445.

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