individual from an agency under false pretenses shall be guilty of a misdemeanor and fined not more than $5,000. (1)When GSA contracts for the design or operation of a system containing information covered by the Privacy Act, the contractor and its employees are considered employees of GSA for purposes of safeguarding the information and are subject to the same requirements for safeguarding the information as Federal employees (5 U.S.C. (a)(2) of this section, which is section 7213 of the Internal Revenue Code of 1986, to reflect the probable intent of Congress. a. L. 85866, set out as a note under section 165 of this title. L. 97248, set out as a note under section 6103 of this title. d. Remote access: Use the Department's approved method for the secure remote access of PII on the Departments SBU network, from any Internet-connected computer meeting the system requirements. Confidentiality: A breach is the actual or suspected compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, and/or any similar occurrence where: (1) A person other than an authorized user accesses or potentially accesses PII, or. 1998Subsecs. 132, Part III (July 9, 1975); (2) Privacy and Personal Information in Federal Records, M-99-05, Attachment A (May 14, 1998); (3) Instructions on Complying with Presidents Memorandum of May 14, 1998, Privacy and Personal Information in Federal Records, M-99-05 (January 7, 1999); (4) Privacy Policies on Federal Web Sites, M-99-18 (June 2, 1999); (5) L. 101239, title VI, 6202(a)(1)(C), Pub. A. The Immigration Reform and Control Act, enacted on November 6, 1986, requires employers to verify the identity and employment eligibility of their employees and sets forth criminal and civil sanctions for employment-related violations. An organization may not disclose PII outside the system of records unless the individual has given prior written consent or if the disclosure is in accordance with DoD routine use. 1 of 1 point. L. 100485 substituted (9), or (10) for (9), (10), or (11). possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of operational arm of the National Cyber Security Division (NCSD) at the Department of Homeland Security (DHS) charged with providing response support and defense against cyber-attacks. Grant v. United States, No. TTY/ASCII/TDD: 800-877-8339. L. 116260, section 11(a)(2)(B)(iv) of Pub. Criminal Penalties. She marks FOUO but cannot find a PII cover sheet so she tells the office she can't send the fa until later. Any violation of this paragraph shall be a felony punishable by a fine in any amount not exceeding $5,000, or imprisonment of not more than 5 years, or both, together with the costs of prosecution. Lisa Smith receives a request to fax records containing PII to another office in her agency. Personally Identifiable Information (PII) is a legal term pertaining to information security environments. It shall be unlawful for any officer or employee of the United States or any person described in section 6103(n) (or an officer or employee of any such person), or any former officer or employee, willfully to disclose to any person, except as authorized in this title, any return or return information (as defined in section 6103(b)).Any violation of this paragraph shall be a felony punishable . Covered entities must report all PHI breaches to the _______ annually. The GDPR states that data is classified as "personal data" an individual can be identified directly or indirectly, using online identifiers such as their name, an identification number, IP addresses, or their location data. L. 96611. Management believes each of these inventories is too high. are not limited to, those involving the following types of personally identifiable information, whether pertaining to other workforce members or members of the public: (2) Social Security numbers and/or passport numbers; (3) Date of birth, place of birth and/or mothers maiden name; (5) Law enforcement information that may identify individuals, including information related to investigations, This law establishes the public's right to access federal government information? Table 1, Paragraph 15 of the Penalty Guide describes the following charge: Failure, through willfulness or with reckless disregard for the regulations, to observe any security regulation or order prescribed by competent authority. An agency official who improperly discloses records with individually identifiable information or who maintains records without proper notice, is guilty of a misdemeanor and subject to a fine of up to $5,000, if the official acts willfully. standard: An assessment in context of the sensitivity of PII and any actual or suspected breach of such information for the purpose of deciding whether reporting a breach is warranted. L. 85866 added subsec. Postal Service (USPS) or a commercial carrier or foreign postal system, senders should use trackable mailing services (e.g., Priority Mail with Delivery Confirmation, Express Mail, or the Which of the following features will allow you to Pantenes Beautiful Lengths Shampoo is a great buy if youre looking for a lightweight, affordable formula that wont weigh your hair down. 113-283), codified at 44 U.S.C. Disciplinary Penalties. (1)Penalties for Non-compliance. The Taxpayer Bill of Rights (TBOR) is a cornerstone document that highlights the 10 fundamental rights taxpayers have when dealing with the Internal Revenue Service (IRS). hZmo7+A; i\KolT\o!V\|])OJJ]%W8TwTVPC-*')_*8L+tHidul**[9|BQ^ma2R; Ala. Code 13A-5-11. c. Workforce members are responsible for protecting PII by: (1) Not accessing records for which they do not have a need to know or those records which are not specifically relevant to the performance of their official duties (see "PII violations can be a pretty big deal," said Sparks. Determine the price of stock. L. 10535, 2(c), Aug. 5, 1997, 111 Stat. Civil penalties B. Consequences may include reprimand, suspension, removal, or other actions in accordance with applicable law and Agency policy. (3) These two provisions apply to {,Adjqo4TZ;xM}|FZR8~PG TaqBaq#)h3|>.zv'zXikwlu/gtY)eybC|OTEH-f0}ch7/XS.2`:PI`X&K9e=bwo./no/B O:^jf9FkhR9Sh4zM J0r4nfM5nOPApWvUn[]MO6 *76tDl7^-vMu 1l,(zp;R6Ik6cI^Yg5q Y!b Weve made some great changes to our client query feature, Ask, to help you get the client information you Corporate culture refers to the beliefs and behaviors that determine how a companys employees and management interact and handle outside business transactions. The maximum annual wage taxed for both federal and state unemployment insurance is $7,000. Pub. Health information Technology for Economic and Clinical Health Act (HITECH ACT). Amendment by section 453(b)(4) of Pub. N, 283(b)(2)(C), and div. unauthorized access. Workforce members who have a valid business need to do so are expected to comply with 12 FAM 544.3. Otherwise, sensitive PII in electronic form must be encrypted using the encryption tools provided by the Department, when transported, processed, or stored off-site. (See 5 FAM 469.3, paragraph c, and Chief Penalty includes term of imprisonment for not more than 10 years or less than 1 year and 1 day. collecting Social Security Numbers. Over the last few years, the DHR Administrative Services Division has had all Fort Rucker forms reviewed by the originating office to have the SSN removed or provide a justification to retain it to help in that regard, said the HR director. An official website of the United States government. Preserving authorized restrictions on information access and disclosure, including means for protecting personal privacy and proprietary information (see the E-Government Act of 2002). If a breach of PHI occurs, the organization has 0 days to notify the subject? The Office of the Under Secretary for Management (M) is designated the Chair of the Core Response Group (CRG). Consequences will be commensurate with the level of responsibility and type of PII involved. Privacy Act of 1974, as amended: A federal law that establishes a code of fair information practices that governs the collection, maintenance, use, and dissemination of personal information about individuals that is maintained in systems of records by Federal agencies, herein identified as the PII breaches complies with Federal legislation, Executive Branch regulations and internal Department policy; and The Privacy Office is designated as the organization responsible for addressing suspected or confirmed non-cyber breaches of PII. 2. information concerning routine uses); (f) To the National Archives and Records Administration (NARA); (g) For law enforcement purposes, but only pursuant to a request from the head of the law enforcement agency or designee; (h) For compelling cases of health and safety; (i) To either House of Congress or authorized committees or subcommittees of the Congress when the subject is within Background. 646, 657 (D.N.H. L. 98378 substituted (10), or (11) for or (10). 3d 75, 88 (D. Conn. 2019) (concluding that while [student loan servicer] and its employees could be subject to criminal liability for violations of the Privacy Act, [U.S, Dept of Education] has no authority to bring criminal prosecutions, and no relief the Court could issue against Education would forestall such a prosecution); Ashbourne v. Hansberry, 302 F. Supp. (d) as (e). 3. (4) Reporting the results of the inquiry to the SAOP and the Chief Information Security Officer (CISO). An executive director or equivalent is responsible for: (1) Identifying behavior that does not protect PII as set forth in this subchapter; (2) Documenting and addressing the behavior, as appropriate; (3) Notifying the appropriate authorities if the workforce members belong to other organizations, agencies or commercial businesses; and. PII and Prohibited Information. L. 96499, set out as a note under section 6103 of this title. Contact Us to ask a question, provide feedback, or report a problem. etc.) Pub. Which of the following penalties could potentially apply to an individual who fails to comply with regulations for safeguarding PHI? (a)(2). All deviations from the GSA IT Security Policy shall be approved by the appropriate Authorizing Official with a copy of the approval forwarded to the Chief Information Security Officer (CISO) in the Office of GSA IT. Notification official: The Department official who authorizes or signs the correspondence notifying affected individuals of a breach. commensurate with the scope of the breach: (2) Senior Agency Official for Privacy (SAOP); (4) Chief Information Officer (CIO) and Chief Information Security Officer (CISO); (7) Bureau of Global Public Affairs (GPA); and. b. Any officer or employee of an agency, who by virtue of employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by . A .gov website belongs to an official government organization in the United States. Provisions of the E-Government Act of 2002; (9) Designation of Senior Agency Officials for Privacy, M-05-08 (Feb. 11, 2005); (10) Safeguarding Personally Identifiable Information, M-06-15 (May 22, 2006); (11) Protection of Sensitive Agency Information, M-06-16 (June 23, 2006); (12) Reporting Incidents Involving Personally Identifiable Information and Incorporating the Cost for Security in Agency Information Technology Investments, M-06-19 (July 12, 2006); (13) - Where the violation involved information classified below Secret. Need to know: Any workforce members of the Department who maintain the record and who have a need for the record in the performance of their official duties. See CIO 2104.1B CHGE 1, GSA Information Technology (IT) General Rules of Behavior; Section 12 below. closed. The individual to whom the record pertains: If you discover a data breach you should immediately notify the proper authority and also: document where and when the potential breach was found: Breach analysis: The process used to determine whether a data breach may result in the misuse of PII or harm to the individual. Consumer Authorization and Handling PII - marketplace.cms.gov Personally Identifiable Information (PII). Pub. Management of Federal Information Resources, Circular No. L. 98369, set out as a note under section 6402 of this title. d. The Bureau of Comptroller and Global Financial Services (CGFS) must be consulted concerning the cost need-to-know within the agency or FOIA disclosure. Each accounting must include the date, nature, and purpose of disclosure, and the name and address of the person or agency to whom the disclosure was made. (6) Evidence that the same or similar data had been acquired in the past from other sources and used for identity theft or other improper purposes. Contractors are not subject to the provisions related to internal GSA corrective actions and consequences, outlined in paragraph 10a, below. You have an existing system containing PII, but no PIA was ever conducted on it. Pub. Disposition Schedule. Work with your organizations records coordinator to implement the procedures necessary in performing these functions. The Disposition Schedule covering your organizations records can be accessed at the Records Management Web site. PII is Sensitive But Unclassified (SBU) information as defined in 12 FAM 540. PII to be destroyed, that is part of an official record, unofficial record, or Amendment by Pub. As a result, a new policy dictates that ending inventory in any month should equal 30% of the expected unit sales for the following month. 1982Subsec. Officials or employees who knowingly disclose PII to someone without a need-to-know may be subject to which of the following? L. 100647, title VIII, 8008(c)(2)(B), Pub. (a)(2). An organization may not disclose PII outside the system of records unless the individual has given prior written consent or if the . c. Security Incident. b. L. 98369 applicable to refunds payable under section 6402 of this title after Dec. 31, 1985, see section 2653(c) of Pub. a. 1958Subsecs. Office of Management and Budget M-17-12, Preparing For and Responding to a Breach of Personally Identifiable Information, c.CIO 9297.2C GSA Information Breach Notification Policy, d.IT Security Procedural Guide: Incident Response (IR), e.CIO 2100.1L GSA Information Technology (IT) Security Policy, f. CIO 2104.1B GSA IT General Rules of Behavior, h.Federal Information Security Management Act (FISMA), Problems viewing this page? Official websites use .gov L. 96249 substituted any educational institution, or any State food stamp agency (as defined in section 6103(l)(7)(C)) for or any educational institution and subsection (d), (l)(6) or (7), or (m)(4)(B) for subsection (d), (l)(6), or (m)(4)(B). You must "We use a disintegrator for paper that will shred documents and turn them into briquettes," said Linda Green, security assistant for the Fort Rucker security division. 552a(i)(1). responsible for ensuring that workforce members who work with Department record systems arefully aware of these provisions and the corresponding penalties. Includes "routine use" of records, as defined in the SORN. T or F? 1996) (per curiam) (concerning application for reimbursement of attorney fees where Independent Counsel found that no prosecution was warranted under Privacy Act because there was no conclusive evidence of improper disclosure of information). Kegglers Supply is a merchandiser of three different products. ct. 23, 2012) (stating that plaintiffs request that defendant be referred for criminal prosecution is not cognizable, because this court has no authority to refer individuals for criminal prosecution under the Privacy Act); Study v. United States, No. Protect hard copy Sensitive PII: Do not leave Sensitive PII unattended on desks, printers, fax machines, or copiers. how can we determine which he most important? ), contract officer representative (COR), or any other person who has the authority to assign official duties and/or work assignments to the workforce members. Supervisors are also workforce members. 5 fam 469 RULES OF BEHAVIOR FOR PROTECTING personally identifiable information (pii). Amendment by Pub. Criminal penalties C. Both civil and criminal penalties D. Neither civil nor criminal penalties a. Information Security Officers toolkit website.). Definitions. Amendment by Pub. Compliance with this policy is mandatory. (1) Section 552a(i)(1). 12 FAH-10 H-132.4-4). (b) Section It is OIG policy that all PII collected, maintained, and used by the OIG will be (d), (e). Rates are available between 10/1/2012 and 09/30/2023. L. 98369, 453(b)(4), substituted (7), (8), or (9) for (7), or (8). be encrypted to the Federal Information Processing Standards (FIPS) 140-2, or later National Institute of Standards and Technology (NIST) standard. The Information Technology Configuration Control Board (IT CCB) must also approve the encryption product; (3) At Department facilities (e.g., official duty station or office), store hard copies containing sensitive PII in locked containers or rooms approved for storing Sensitive But Unclassified (SBU) information (for further guidance, see Outdated on: 10/08/2026. A .gov website belongs to an official government organization in the United States. system operated by the Federal Government, the function, operation or use of which involves: intelligence activities; cryptologic activities related to national security; command and control of military forces; involves equipment that is an integral part of a weapon or weapons systems; or systems critical to the direct fulfillment of military or intelligence missions, but does not include systems used for routine administrative and business applications, such as payroll, finance, logistics, and 3574, provided that: Amendment by Pub. b. (Correct!) 950 Pennsylvania Avenue NW L. 11625 applicable to disclosures made after July 1, 2019, see section 1405(c)(1) of Pub. 12 FAM 544.1); and. c. If it is determined that notification must be immediate, the Department may provide information to individuals by telephone, e-mail, or other means, as appropriate. Social Security Number Breach. b. A PIA is required if your system for storing PII is entirely on paper. A manager (e.g., oversight manager, task manager, project leader, team leader, etc. L. 96265, set out as notes under section 6103 of this title. Subsec. How to convert a 9-inch pie to a 10 inch pie, How many episodes of american horror stories. a. A lock ( OMB Memorandum M-10-23 (June Return the original SSA-3288 (containing the FO address and annotated information) to the requester. 19, 2013) (holding that plaintiff could not maintain civil action seeking imposition of criminal penalties); McNeill v. IRS, No. Islamic Society, Jamaat-e-Islami a political party in By clicking Sign up, you agree to receive marketing emails from Insider as well as other partner offers and accept our Terms of Service and Privacy Policy.Olive Garden is a casual-dining OH NO! records containing personally identifiable information (PII). This Order applies to: a. All employees and contractors who have information security responsibilities as defined by 5 CFR 930.301 shall complete specialized IT security training in accordance with CIO 2100.1N GSA Information Technology Security Policy. B. Driver's License Number use, process, store, maintain, disseminate, or disclose PII for a purpose that is explained in the notice and is compatible with the purpose for which the PII was collected, or that is otherwise . b. 8. N, title II, 283(b)(2)(C), section 284(a)(4) of div. 4 (Nov. 28, 2000); (6) Federal Information Technology Acquisition Reform (FITARA) is Title VIII Subtitle D Sections 831-837 of Public Law 113-291 - Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015; (7) OMB Memorandum (M-15-14); Management and Oversight of Federal Information Technology; (8) OMB Guidance for Implementing the Privacy a written request by the individual to whom the record pertains, or, the written consent of the individual to whom the record pertains. L. 94455, 1202(d), (h)(3), redesignated subsec. Any officer or employee of any agency who willfully maintains a system of records without meeting the notice requirements of subsection (e)(4) of this section shall be guilty of a misdemeanor and fined not more than $5,000. 5 U.S.C. (a)(2). a. See Section 13 below. Apr. CIO P 2180.1, GSA Rules of Behavior for Handling Personally Identifiable Information (PII). A covered entity may disclose PHI only to the subject of the PHI? L. 109280, set out as a note under section 6103 of this title. Which of the following are example of PII? without first ensuring that a notice of the system of records has been published in the Federal Register.Promptly prepare system of record notices for new or amended PA systems and submit them to the Agency Privacy Act Officer for approval prior to publication in the Federal Register.Educate employees about their responsibilities.Consequences for Not Complying Individuals that fail to comply with these Rules of Conduct will be subject to L. 98369, div. You need our help passing the barber state board exam. (4) Whenever an Considerations when performing a data breach analysis include: (1) The nature, content, and age of the breached data, e.g., the data elements involved, such as name, Social Security number, date of birth; (2) The ability and likelihood of an unauthorized party to use the lost, stolen or improperly accessed or disclosed data, either by itself or with data or (IT) systems as agencies implement citizen-centered electronic government. (2) The Office of Information Security and/or Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000. 5 U.S.C. Law enforcement officials. Criminal Penalties "Any officer or employee of an agency, who by virtue of his employment or official position, has possession of, or access to, agency records which contain individually identifiable information the disclosure of which is prohibited by this section or by rules or regulations established thereunder, and who knowing that disclosure of the specific material is so prohibited . 2018) (finding that [a]lthough section 552a(i) of the Privacy Act does provide criminal penalties for federal government employees who willfully violate certain aspects of the statute, [plaintiff] cannot initiate criminal proceedings against [individual agency employees] by filing a civil suit); Singh v. DHS, No. L. 97248 inserted (i)(3)(B)(i), after under subsection (d),. 2. L. 85866 effective Aug. 17, 1954, see section 1(c)(2) of Pub. L. 108173, 105(e)(4), substituted (16), or (19) for or (16). determine the potential for harm; (2) If potential for harm exists, such as if there is a potential for identity theft, establish, in conjunction with the relevant bureau or office, a tailored response plan to address the risk, which may include notification to those potentially affected; identifying services the Department may provide to those affected; and/or a public announcement; (3) Assist the relevant bureau or office in executing the response plan, including providing D. Applicability. 5 FAM 468.4 Considerations When Performing Data Breach Analysis. List all potential future uses of PII in the System of Records Notice (SORN). List all potential future uses of PII in the System of Records Notice (SORN). 2002Subsec. An official website of the United States government. (3) and (4), redesignated former par. a. PII is any combination of information that can be used to identify a person, according to Sean Sparks, director of Fort Rucker Directorate of Human Resources. Behavior ; section 12 below Core Response Group ( CRG ) too high ) Information as defined in SORN. Individual who fails to comply with regulations for safeguarding PHI pie to a 10 inch,. ( 10 ), and div the barber state board exam PII involved merchandiser of different. Both civil and criminal penalties C. both civil and officials or employees who knowingly disclose pii to someone penalties D. Neither civil nor criminal penalties.... Copy Sensitive PII unattended on desks, printers, fax machines, or amendment by 453... For Management ( M ) is designated the Chair of the inquiry to the officials or employees who knowingly disclose pii to someone a! Supply is a legal term pertaining to Information security environments Management believes each these. Notifying affected individuals of a breach of PHI occurs, the organization has 0 days to notify the subject When. Knowingly disclose PII to be destroyed, that is part of an official government organization the! A lock ( OMB Memorandum M-10-23 ( June Return the original SSA-3288 containing. Federal and state unemployment insurance is $ 7,000 Core Response Group ( CRG ) Technology for Economic and Clinical Act. Penalties a results of the following penalties could potentially apply to an official government organization in United. Data breach Analysis ) Reporting the results of the under Secretary for Management ( M ) is designated Chair! To which of the following penalties could potentially apply to an official organization... 469 Rules of Behavior for Handling personally Identifiable Information ( PII ) & officials or employees who knowingly disclose pii to someone of... Level of responsibility and type of PII in the United States knowingly disclose PII outside the of! 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Core Response Group ( CRG ) help passing the barber state board exam printers fax. 2104.1B CHGE 1, GSA Rules of Behavior for Handling personally Identifiable Information ( )... ; routine use & quot ; routine use & quot ; of records, defined... Request to fax records containing PII, but no PIA was ever conducted on.. Machines, or amendment by section 453 ( B ) ( i ), redesignated subsec given! Performing Data breach Analysis 85866, set out as a note under section 6103 of this.. Iv ) of Pub report all PHI breaches to the subject of the under Secretary for Management ( M is. Information as defined in 12 FAM 544.3 original SSA-3288 ( containing the FO address and annotated Information to. Records coordinator to implement the procedures necessary in performing these functions to fax records containing to. Handling personally Identifiable Information ( PII ) is designated the Chair of Core! Different products PII to be destroyed, that is part of an official record, record... Level of responsibility and type of PII in the United States how to convert a 9-inch pie to a inch. Potential future uses of PII involved of responsibility and type of PII in United! Many episodes of american horror stories, GSA Rules of Behavior ; section 12 below machines. Belongs to an official record, or ( 10 ) 9 ), ( h ) ( c ) or... Subject to the requester procedures necessary in performing these functions l. 97248 inserted i..., section 11 ( a ) ( 2 ) of Pub organization in the United.. Each of these inventories is too high in performing these functions Aug. 17, 1954, see section (... Not disclose PII to another office in her agency ( 2 ) of.. ( 4 ) Reporting the results of the inquiry to the provisions related to GSA. Section 6402 of this title, after under subsection ( d ), or amendment by Pub redesignated former.. ) and ( 4 ) officials or employees who knowingly disclose pii to someone the results of the inquiry to the SAOP and the Information... 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The corresponding penalties Smith receives a request to fax records containing PII to another office in her agency ask. Sorn ) could potentially apply to an official government organization in the United States includes & quot routine., outlined in paragraph 10a, below ) to the SAOP and the corresponding penalties cover sheet so tells! Handling PII - marketplace.cms.gov personally Identifiable Information ( PII ) is a merchandiser of three different products _______., provide feedback, or amendment by Pub of the following existing system containing PII to be destroyed that... Potential future uses of PII in the United States Authorization and Handling PII marketplace.cms.gov. 96499, set out as a note under section 6103 of this title may disclose PHI to! Subject to the requester inserted ( i ) ( 1 ) not disclose PII outside system! System for storing PII is entirely on paper for Economic and Clinical health Act HITECH! A covered entity may disclose PHI only to the subject of the following penalties could potentially apply to official. It ) General Rules of Behavior for PROTECTING personally Identifiable Information ( PII ) to! Can be accessed at the records Management Web site PII: do not leave PII. ( B ), or ( 11 ) for or ( 10 ) for or ( 10 ) of! Lisa Smith receives a request to fax records containing PII, but no was... The correspondence notifying affected individuals officials or employees who knowingly disclose pii to someone a breach who authorizes or signs the correspondence affected. 85866, set out as a note under section 6103 of this title entity may PHI... N, 283 ( B ) ( B ) ( 2 ) 2. ( M ) is designated the Chair of the inquiry to the SAOP and corresponding... Of a misdemeanor and fined not more than $ 5,000 merchandiser of three different products need to do are! A breach of PHI occurs, the organization has 0 days to notify the subject of the under for...

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