(9) The Commission has not developed guidelines governing maintenance of any or all the various data systems, access to them, review and disclosure of material in them, or distribution of data to other agencies. (10) The subject individual is not notified of the fact that he is in the data bank nor is he allowed to review the data on record about him or supplement or correct that record. (11) No aspects of the recorded data are available to other persons. (12) Not applicable. (13) For data compiled on complainants' requests, the data is derived from complaint forms filed by the parties alleging discrimination. For data compiled on employer establishments, the data is derived from EEOC reporting forms, as noted in (1) above. (14) The Chief of the Control Division, Office of Management, is responsible for determining the accuracy of information in the data bank. (15) There is no direct access to the data by any other agency. (16) No state or federal agencies may utilize the data. (17) Since there is no direct access by other agencies, no devices have been necessary to prevent unauthorized access to the data file. (18) The EEOC has no arrangement with Congressional Committees for the authorizing and reviewing of new data banks and the clearance of new electronic or mechanized record-management techniques. (19) There has been no discussion before other Congressional Committees by Commission representatives for the development of any other data programs or comprehensive records systems. The information elicited from the EEO Report forms is used by the EEOC in its_compliance, technical assistance, legal and research programs, by the Office of Federal Contract Compliance and the compliance agencies of the Federal government; the Department of Justice; and by the state and local fair employment practices committees. The statistical data, purged of any information that would identify respondents, is also published and otherwise made available to the public. Except for EEOC purposes and for compliance purposes of the Federal government and State and local fair employment practices agencies, the information that is released is for statistical purposes only and cannot be related to particular individuals. Due to the limited utilization of data bank systems and information, you may find gaps in the information provided. Please be assured of our desire to continue to cooperate and help you in any way we can. If I can be of further assistance to you or to the Committee in its work, please let me know. Sincerely, WILLIAM H. BROWN III, Chairman. FEBRUARY 2, 1973. Hon. WILLIAM H. BROWN III, Chairman, Equal Employment Opportunity Commission, DEAR MR. CHAIRMAN: Today, one of the members of the staff of the Subcommittee on Constitutional Rights, Mr. Harvey Stuart, spoke with Mr. Stephen Blakeslee of the EEOC's Congressional Affairs Division concerning your response to the Subcommittee's questionnaire regarding computerized data banks maintained by EEOC. Mr. Stuart requested additional information concerning: 1. The exact number of computerized entries (i.e., complaint EEO forms) in each of the five computerized files maintained by the EEOC. As I understand the response to the questionnaire, these files consist of: a. Complaints processed by the EEOC. b. Data collected from the Employer Information Report (EEO-1). c. Data collected from the Apprenticeship Information Report (EEO-2). d. Data collected from the Apprenticeship Information Report (EEO-2-E). e. Data collected from the Local Union Report (EEO-3). 2. Whether all of the information submitted on forms EEO-1, EEO-2, EEO2-E, and EEO-3 was included on the computer record. 3. The period of time that records concerning complaints are maintained on the computer record. I am informed that Mr. Blakeslee responded that approximately 50-60,000 entries are currently included in the computerized complaint records, and that you would send me further information regarding the number of subjects contained in the other files. Also, he stated that all of the information listed on the specified forms was transferred to the computer record. He offered to forward me a sample copy of an EEOC complaint form, a copy of the EEOC publication listing the complied employment data broken down by industry and to provide me more extensive answers to the questions listed above. Since that conversation, it has occurred to me that perhaps the data file compiled from the EEO report forms are not four separate systems as I have assumed, but are in effect regarded as one large depository of data. Could you clarify this point for me in your response? Also, in regard to releasing information from your complaint files, does the EEOC release the full content of these files to general public inquiry or is the information provided limited to the current administrative disposition or status of the complaint? I would also like to know if this information is indexed by the name of the individual bringing the complaint or by some other means, such as by the individual complaint. If this is the case, is it possible that many of the 50-60,000 entries in this file are duplicates created by the same individuals bringing several separate complaints? Thank you for taking the time to expand upon your answer to our questions. I greatly appreciate your cooperation and assistance in this matter. With kindest wishes, Sincerely yours, SAM J. ERVIN, Jr., Chairman. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Hon. SAM J. ERVIN, Jr., Chairman, Subcommittee on Constitutional Rights, Committee on the Judiciary, U.S. Senate, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your most recent request for additional information regarding this agency's use of computers and data storage and retrieval systems in its operations. As was indicated by the former Director of our Congressional Affairs Office, Mr. Stephen C. Blakeslee, Jr., in a conversation he had with a member of your Subcommittee's staff, Mr. Harvey Stuart, 50-60,000 active charges were at that time included in the computerized complaint records. As of March 31, 1973, active charges in excess of 75,000 are included in the computerized records. To facilitate locating a particular file, each complaint charge and case is cross-filed by the respondent's name, by the charging party's name, and by charge and case numbers. Inactive cases are returned at the end of three years. With respect to the other four types of computerized data EEOC maintains, there are approximately 35,000 subjects on file from EEO-1 reports, 3,000 from EEO-2 reports, 3,000 from EEO-2E reports, and 15,000 from EEO-3 reports. The EEO-1 subject reports are now on microfilm, whereas the other three types of data are on magnetic tape, processed on an S360-40 Computer. All of the information submitted on these four forms is included in our computer records. As you requested, enclosed are samples of both complaint and case forms, as well as our most recent publication, Equal Employment Opportunity Report, 1970," Volumes I and II, which is a compilation of employment data, broken down by industry and area. We maintain completely separate data storage systems for each of the five categories of entries above, rather than combining the data in one central depository. Full details of individual complaints are not released to the general public. However, if a person or organization acting on behalf of the charging party or the respondent makes an inquiry, the status of a case or charge is made available. Such information for the general public is released only in statistical or tabular form, without any data disclosing the identity of an individual. Although exact figures are not immediately available, it is estimated that less than five percent of the charging parties file duplicate charges or additional, separate charges. Thus, duplication is not a significant factor in our computer entries. 20-550 0-74-pt. 5- -24 I am pleased to be able to provide you with this additional information and hope that it will prove useful. If I can be of any further assistance to you or to the Committee in its work, please do not hesitate to contact me again. Sincerely, Enclosures. WILLIAM H. BROWN III, Chairman. Attachments The following attachments enclosed with the EEOC response appear below. 1. Civil Rights Act of 1964 as amended. 2. Executive Order No. 11478, 34 F.R. 12985. ATTACHMENT 1 CIVIL RIGHTS ACT OF 1964 AS AMENDED AN ACT To enforce the constitutional right to vote, to confer jurisdiction upon the district courts of the United States to provide injunctive relief against discrimination in public accommodations, to authorize the Attorney General to institute suits to protect constitutional rights in public facilities and public education, to extend the Commission on Civil Rights, to prevent discrimination in federally assisted programs, to establish a Commission on Equal Employment Opportunity, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Civil Rights Act of 1964". TITLE VII-EQUAL EMPLOYMENT OPPORTUNITY1 DEFINITIONS SEC. 701. For the purposes of this title (a) The term "person" includes one or more individuals, governments, governmental agencies, political subdivisions, labor unions, partnerships, associations, corporations, legal representatives, mutual companies, joint-stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, or receivers. (b) The term "employer" means a person engaged in an industry affecting commerce who has fifteen or more employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, and any agent of such a person, but such term does not include (1) the United States, a corporation wholly owned by the Government of the United States, an Indian tribe, or any department or agency of the District of Columbia subject by statute to procedures of the competitive service (as defined in section 2102 of title 5 of the United States Code), or (2) a bona fide private membership club (other than a labor organization) which is exempt from taxation under section 501 (c) of the Internal Revenue Code of 1954, except that during the first year after the date of enactment of the Equal Employment Opportunity Act of 1972, persons having fewer than twenty-five employees (and their agents) shall not be considered employers. (c) The term "employment agency" means any person regularly undertaking with or without compensation to procure employees for an employer or to procure for employees opportunities to work for an employer and includes an agent of such a person. (d) The term "labor organization" means a labor organization engaged in an industry affecting commerce, and any agent of such an organization, and includes any organization of any kind, any agency, or employee representation committee, group, association, or plan so engaged in which employees participate and which exists for the 1 Includes 1972 amendments made by P.L. 92-261 printed in italic. purpose, in whole or in part, of dealing with employers concerning grievances, labor disputes, wages, rates of pay, hours, or other terms or conditions of employment, and any conference, general committee, joint or system board, or joint council so engaged which is subordinate to a national or international labor organization. (e) A labor organization shall be deemed to be engaged in an industry affecting commerce if (1) it maintains or operates a hiring hall or hiring office which procures employees for an employer or procures for employees opportunities to work for an employer, or (2) the number of its members (or, where it is a labor organization composed of other labor organizations or their representatives, if the aggregate number of the members of such other labor organization) is (A) twenty-five or more during the first year after the date of enactment of the Equal Employment Opportunity Act of 1972, or (B) fifteen or more thereafter, and such labor organization (1) is the certified representative of employees under the provisions of the National Labor Relations Act, as amended, or the Railway Labor Act, as amended; (2) although not certified, is a national or international labor organization or a local labor organization recognized or acting as the representative of employees of an employer or employers engaged in an industry affecting commerce; or (3) has chartered a local labor organization or subsidiary body which is representing or actively seeking to represent employees of employers within the meaning of paragraph (1) or (2); or (4) has been chartered by a labor organization representing or actively seeking to represent employees within the meaning of paragraph (1) or (2) as the local or subordinate body through which such employees may enjoy membership or become affiliated with such labor organization; or (5) is a conference, general committee, joint or system board, or joint council subordinate to a national or international labor organization, which includes a labor organization engaged in an industry affecting commerce within the meaning of any of the preceding paragraphs of this subsection. (f) The term "employee" means an individual employed by an employer, except that the term 'employee' shall not include any person elected to public office in any State or political subdivision of any State by the qualified voters thereof, or any person chosen by such officer to be on such officer's personal staff, or an appointee on the policymaking level or an immediate adviser with respect to the excercise of the constitutional or legal powers of the office. The exemption set forth in the preceding sentence shall not include employees subject to the civil service laws of a State government, governmental agency or political subdivision. (g) The term "commerce" means trade, traffic, commerce, transportation, transmission, or communication among the several States; or between a State and any place outside thereof; or within the District of Columbia, or a possession of the United States; or between points in the same State but through a point outside thereof. (h) The term "industry affecting commerce" means any activity, business, or industry in commerce or in which a labor dispute would hinder or obstruct commerce or the free flow of commerce and includes any activity or industry "affecting commerce" within the meaning of |