SafeOCS – Industry Safety Data Program
Who is BTS and what is CIPSEA?
Who is the BTS?
- The
Bureau of Transportation Statistics (BTS) was established in 1992
as an independent Federal statistical agency within
the U.S. Department of Transportation with the mission to serve
the public and other Federal agencies
- As
a Federal statistical agency, BTS’ primary function is the
compilation and analysis of relevant and accurate
data and the dissemination of information for statistical
purposes, thereby allowing the users to make informed decisions
- Principles
for all Federal statistical agencies include relevance to policy
issues, credibility among data users, trust among data providers,
and independence from political or other undue
external influence
- BTS
is policy-neutral (i.e., an objective broker for the facts)
- BTS
is not a regulatory agency and has no authority to issue fines or
penalties
- BTS
has authority and obligation per statute and CIPSEA to protect
confidentiality of data
Why CIPSEA Protection?
- In
2002, Congress passed into law the Confidential Information
Protection and Statistical Efficiency Act (CIPSEA)
- Stipulates
that an agency may collect information under pledge of
confidentiality for statistical purposes
- CIPSEA
protections include:
- o
No government agency may require, for any reason,
a copy of a respondent’s report
- o
Court cannot require a copy of any respondent’s
report
- o
Reports are immune from the legal process and
cannot be admitted as evidence
- o
Reports are exempt from Freedom of Information Act
(FOIA) requests
- o
Information may not be disclosed in identifiable
form for any non-statistical purpose without the informed
consent of a respondent
- Willful
disclosure of confidential information by Federal employees,
agents, and contractors may incur sanctions and penalties o
Breach of confidentiality can occur through either direct (names,
telephone numbers, etc.) or indirect identifiers (geographical
location, equipment, linking of electronic files, etc.)
- Data
requiring confidentiality protection include sensitivity,
proprietary, or private data; examples include:
- o
Original SafeOCS reports provided directly to BTS
- o
Any BTS working documents
- o
Sections of root cause analysis reports
development by designated subject matter experts
- o
All of the above whether paper or electronic
- Non-confidential
information includes preventative safety actions recommended for
implementation by subject matter experts or stakeholders, and any
documents developed for public dissemination using confidential
data (e.g., annual reports of aggregated data to stakeholders)
- Federal
statistical agencies can designate agents to assist in data
collection
What is a Non-Disclosure Agreement?
- Addresses
conduct and responsibilities of BTS staff, contractors, and
agents
- Ensures
that no one outside of designated BTS staff, contractors, and
agents has access to confidential data
- Requires
individuals accessing detailed data to understand responsibility
and obligation to protect confidential information, and adhere to
BTS confidentiality procedures
- Requires
completion of annual confidentiality training provided by BTS