[Federal Register: November 29, 2002 (Volume 67, Number 230)]
[Notices]
[Page 71147-71150]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29no02-52]
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DEPARTMENT OF DEFENSE
Office of the Secretary
Privacy Act of 1974; System of Records
AGENCY: Office of the Secretary, DoD.
ACTION: Notice to Alter Systems of Records.
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SUMMARY: The Office of the Secretary of Defense proposes to alter two
systems of records notices in its inventory of record systems subject
to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration
consists of adding exemptions to two existing systems of records.
DATES: The changes will be effective on December 30, 2002 unless
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to OSD Privacy Act Coordinator, Records
Management Section, Washington Headquarters Services, 1155 Defense
Pentagon, Washington, DC 20301-1155.
FOR FURTHER INFORMATION CONTACT: Mr. David Bosworth at (703) 601-4728.
SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense
notices for systems of records subject to the Privacy Act of 1974 (5
U.S.C. 552a), as amended, have been published in the Federal Register
and are available from the address above.
The proposed systems reports, as required by 5 U.S.C. 552a(r) of
the Privacy Act of 1974, as amended, were submitted on November 13,
2002, to the House Committee on Government Reform, the Senate Committee
on Governmental Affairs, and the Office of Management and Budget (OMB)
pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130,
`Federal Agency Responsibilities for Maintaining Records About
Individuals,' dated February 8, 1996 (February 20, 1996, 61 FR 6427).
Dated: November 18, 2002.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DPA DFOI.A 05
System name:
Freedom of Information Program Case Files (February 22, 1993, 58 FR
10227).
Changes:
System identifier:
Delete entry and replace with `DFOISR 05'.
System name:
Delete entry and replace with `Freedom of Information Act Case
Files'.
* * * * *
System location:
Delete entry and replace with `Directorate, Freedom of Information
and Security Review, Washington Headquarters Services, 1155 Defense
Pentagon, Washington, DC 20301-1155.'
Categories of individuals covered by the system:
Delete entry and replace with `All individuals who submit Freedom
of Information Act (FOIA) requests and administrative appeals to the
Office of the Secretary of Defense, the Joint Staff, and other
activities receiving administrative FOIA support from Washington
Headquarters Services (WHS); individuals whose FOIA requests and/or
records have been referred by other Federal agencies to the WHS for
release to the requester; attorneys representing individuals submitting
such requests and appeals, individuals who are the subjects of such
requests and appeals, and/or the WHS personnel assigned to handle such
requests and appeals.'
Categories of records in the system:
Delete entry and replace with `Records created or compiled in
response to FOIA requests and administrative appeals, i.e., original
requests and administrative appeals; responses to such requests and
administrative appeals; all related memoranda, correspondence, notes,
and other related or supporting documentation; and copies of requested
records and records under administrative appeal.'
* * * * *
Purpose(s):
Delete entry and replace with `Information is being collected and
maintained for the purpose of processing FOIA requests and
administrative appeals; for participating in litigation regarding
agency action on such requests and appeals; and for assisting the
Department of Defense in carrying out any other responsibilities under
the FOIA.'
* * * * *
Retrievability:
Delete entry and replace with `Retrieved by name, subject matter,
date of document, and request number.'
* * * * *
Retention and disposal:
Delete entry and replace with `Paper records that are granted are
destroyed 2 years after the date of reply. Paper records that are
denied in whole or part, no records responses, responses to requesters
who do not adequately describe records being sought, do not state a
willingness to pay fees, and records which are appealed or litigated
are destroyed 6 years after final action. Electronic records are
deleted when no longer needed to support Directorate business needs.'
* * * * *
Exemptions claimed for the system:
Delete entry and replace with `During the course of a FOIA action,
exempt materials from other systems of records may in turn become part
of the case records in this system. To the extent that copies of exempt
records from those `other' systems of records are entered into this
FOIA case record, Washington Headquarters Services hereby claims the
same exemptions for the records from those `other' systems that are
entered into this system, as claimed for the original primary systems
of records which they are a part.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) and published in 32 CFR part 311. For additional information
contact the system manager.'
* * * * *
DFOISR 05
System name:
Freedom of Information Act Case Files.
[[Page 71148]]
System location:
Directorate, Freedom of Information and Security Review, Washington
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
Categories of individuals covered by the system:
All individuals who submit Freedom of Information Act (FOIA)
requests and administrative appeals to the Office of the Secretary of
Defense, the Joint Staff, and other activities receiving administrative
FOIA support from Washington Headquarters Services (WHS); individuals
whose FOIA requests and/or records have been referred by other Federal
agencies to the WHS for release to the requester; attorneys
representing individuals submitting such requests and appeals,
individuals who are the subjects of such requests and appeals, and/or
the WHS personnel assigned to handle such requests and appeals.
Categories of records in the system:
Records created or compiled in response to FOIA requests and
administrative appeals, i.e., original requests and administrative
appeals; responses to such requests and administrative appeals; all
related memoranda, correspondence, notes, and other related or
supporting documentation; and copies of requested records and records
under administrative appeal.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations and 5 U.S.C. 552, The
Freedom of Information Act, as amended; and DoD 5400.7-R, DoD Freedom
of Information Act Program.
Purpose(s):
Information is being collected and maintained for the purpose of
processing FOIA requests and administrative appeals; for participating
in litigation regarding agency action on such requests and appeals; and
for assisting the Department of Defense in carrying out any other
responsibilities under the FOIA.
Routine uses of records maintained in the system, including
categories of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
The DoD `Blanket Routine Uses' set forth at the beginning of OSD's
compilation of systems of records notices apply to this system.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Computer magnetic disks, computer database, optical disk, and paper
records in file folders.
Retrievability:
Retrieved by name, subject matter, date of document, and request
number.
Safeguards:
Paper records are maintained in security containers with access
only to officials whose access is based on requirements of assigned
duties. Computer databases are password protected and accessed by
individuals who have a need-to-know.
Retention and disposal:
Paper records that are granted are destroyed 2 years after the date
of reply. Paper records that are denied in whole or part, no records
responses, responses to requesters who do not adequately describe
records being sought, or do not state a willingness to pay fees, and
records which are appealed or litigated are destroyed 6 years after
final action. Electronic records are deleted when no longer needed to
support Directorate business needs.
System manager(s) and address:
Director, Freedom of Information and Security Review, Washington
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system of records should address
written inquiries to the Director, Freedom of Information and Security
Review, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155.
Written requests for information should include the full name of
the individual.
Record access procedures:
Individuals seeking access to information about themselves
contained in this system of records should address written inquiries to
Director, Freedom of Information and Security Review, Washington
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
Written requests for information should include the full name of
the individual.
For personal visits to examine records, the individual should
provide a form of picture identification, i.e., a driver's license.
Contesting record procedures:
The OSD rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
Administrative Instruction 81; 32 CFR part 311; or may be obtained from
the system manager.
Record source categories:
Those individuals who submit initial requests and administrative
appeals pursuant to the FOIA, the agency records searched in the
process of responding to such requests and appeals; Department of
Defense personnel assigned to handle such requests and appeals; other
agencies or entities that have referred to the Department of Defense
requests concerning Department of Defense records, or that have
consulted with the Department of Defense regarding the handling of
particular requests; and submitters of records or information that have
provided assistance to the Department of Defense in making FOIA access
determinations.
Exemptions claimed for the system:
During the course of a FOIA action, exempt materials from other
systems of records may in turn become part of the case records in this
system. To the extent that copies of exempt records from those `other'
systems of records are entered into this FOIA case record, Washington
Headquarters Services hereby claims the same exemptions for the records
from those `other' systems that are entered into this system, as
claimed for the original primary systems of records which they are a
part.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c),
and (e) and published in 32 CFR part 311. For additional information
contact the system manager.'
DPA DXA.D 10
System name:
Privacy Act Request for Access Files (February 22, 1993, 58 FR
10227).
Changes:
System identifier:
Delete entry and replace with `DFOISR 10'.
System name:
Delete `Request for Access' and replace with `Case'.
* * * * *
Categories of individuals covered by the system:
Delete entry and replace with `All individuals who submit Privacy
Act
[[Page 71149]]
requests and administrative appeals to the Washington Headquarters
Services (WHS), the Joint Staff, and other activities receiving
administrative support from WHS; individuals whose requests and/or
records have been referred by other Federal agencies to WHS for release
to the requester; attorneys representing individuals submitting such
requests and appeals, individuals who are the subjects of such requests
and appeals, and WHS personnel assigned to handle such requests and
appeals.'
Categories of records in the system:
Delete entry and replace with `Records created or compiled in
response to Privacy Act requests and administrative appeals, i.e.,
original requests and administrative appeals; responses to such
requests and administrative appeals; all related memoranda,
correspondence, notes, and other related or supporting documentation;
and copies of requested records and records under administrative
appeal.'
Purpose(s):
Delete entry and replace with `Information is being collected and
maintained for the purpose of processing Privacy Act requests and
administrative appeals; for participating in litigation regarding
agency action on such requests and appeals; and for assisting the
Department of Defense in carrying out any other responsibilities under
the Privacy Act of 1974.'
* * * * *
Storage:
Delete current entry and replace with `Computer database, optical
disk and paper records in file folders.'
Retrievability:
Delete entry and replace with `Retrieved by name and/or request
number.'
* * * * *
Retention and disposal:
Delete entry and replace with `Paper records that are granted are
destroyed 2 years after the date of reply. Paper records that are
denied in whole or part, no record responses, responses to requesters
who do not adequately describe records being sought and records that
are appealed or litigated are destroyed 6 years after final action.
Electronic records are deleted when no longer needed to support
Directorate business needs.'
* * * * *
Exemptions claimed for the system:
Delete entry and replace with `During the course of a Privacy Act
(PA) action, exempt materials from other systems of records may become
part of the case records in this system of records. To the extent that
copies of exempt records from those `other' systems of records are
entered into these PA case records, Washington Headquarters Services
hereby claims the same exemptions for the records as they have in the
original primary systems of records which they are a part.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c)
and (e) and published in 32 CFR part 311. For additional information
contact the system manager.'
DFOISR 10
System name:
Privacy Act Case Files.
System location:
Directorate for Freedom of Information and Security Review,
Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC
20301-1155.
Categories of individuals covered by the system:
All individuals who submit Privacy Act requests and administrative
appeals to the Washington Headquarters Services (WHS), the Joint Staff,
and other activities receiving administrative support from WHS;
individuals whose requests and/or records have been referred by other
Federal agencies to WHS for release to the requester; attorneys
representing individuals submitting such requests and appeals,
individuals who are the subjects of such requests and appeals, and WHS
personnel assigned to handle such requests and appeals.
Categories of records in the system:
Records created or compiled in response to Privacy Act requests and
administrative appeals, i.e., original requests and administrative
appeals; responses to such requests and administrative appeals; all
related memoranda, correspondence, notes, and other related or
supporting documentation; and copies of requested records and records
under administrative appeal.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552a, The Privacy
Act of 1974, as amended; Administrative Instruction 81, Privacy
Program; DoD 5400.11-R, Department of Defense Privacy Program; and E.O.
9397 (SSN).
Purpose(s):
Information is being collected and maintained for the purpose of
processing Privacy Act requests and administrative appeals; for
participating in litigation regarding agency action on such requests
and appeals; and for assisting the Department of Defense in carrying
out any other responsibilities under the Privacy Act of 1974
Routine uses of records maintained in the system, including categories
of users and the purposes of such uses:
In addition to those disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, these records or information contained
therein may specifically be disclosed outside the DoD as a routine use
pursuant to 5 U.S.C. 552a(b)(3) as follows:
The DoD `Blanket Routine Uses' set forth at the beginning of OSD's
compilation of systems of records notices apply to this system.
Policies and practices for storing, retrieving, accessing, retaining,
and disposing of records in the system:
Storage:
Computer database, optical disk and paper records in file folders.
Retrievability:
Filed chronologically by request number and retrieved by name and/
or request number.
Safeguards:
Records are maintained in security containers with access only to
officials whose access is based on requirements of assigned duties.
Computer databases are password protected and accessed by individuals
who have a need-to-know.
Retention and disposal:
Paper records that are granted are destroyed 2 years after the date
of reply. Paper records that are denied in whole or part, no record
responses, responses to requesters who do not adequately describe
records being sought and records that are appealed or litigated are
destroyed 6 years after final action. Electronic records are deleted
when no longer needed to support Directorate business needs.
System manager(s) and address:
Director, Freedom of Information and Security Review, Washington
Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-
1155.
[[Page 71150]]
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system of records should address
written inquiries to Director, Freedom of Information and Security
Review, Washington Headquarters Services, 1155 Defense Pentagon,
Washington, DC 20301-1155.
Written requests for information should include the full name of
the individual.
Record access procedures:
Individuals seeking access to information about themselves in this
system of records should address written inquiries to Director, Freedom
of Information and Security Review, Washington Headquarters Services,
1155 Defense Pentagon, Washington, DC 20301-1155.
Written requests for information should include the full name of
the individual.
For personal visits to examine records, the individual should
provide a form of picture identification, i.e., a driver's license.
Contesting record procedures:
The OSD rules for accessing records, for contesting contents and
appealing initial agency determinations are published in OSD
Administrative Instruction 81; 32 CFR part 311; or may be obtained from
the system manager.
Record source categories:
Those individuals who submit initial requests and administrative
appeals pursuant to the Privacy Act; the agency records searched in the
process of responding to such requests and appeals; Department of
Defense personnel assigned to handle such requests and appeals; other
agencies or entities that have referred to the Department of Defense
requests concerning Department of Defense records, or that have
consulted with the Department of Defense regarding the handling of
particular requests; and submitters or subjects of records or
information that have provided assistance to the Department of Defense
in making access or amendment determinations.
Exemptions claimed for the system:
During the course of a Privacy Act (PA) action, exempt materials
from other systems of records may become part of the case records in
this system of records. To the extent that copies of exempt records
from those `other' systems of records are entered into these PA case
records, Washington Headquarters Services hereby claims the same
exemptions for the records as they have in the original primary systems
of records which they are a part.
An exemption rule for this system has been promulgated in
accordance with requirements of 5 U.S.C. 553(b)(1), (2), and (3), (c),
and (e) and published in 32 CFR part 311. For additional information
contact the system manager.
[FR Doc. 02-29817 Filed 11-27-02; 8:45 am]
BILLING CODE 5001-08-P