[Federal Register: April 10, 2008 (Volume 73, Number 70)]
[Notices]
[Page 19477-19479]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ap08-26]
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DEPARTMENT OF DEFENSE
Office of Secretary of Defense
[DOD-2008-OS-0036]
Privacy Act of 1974; System of Records
AGENCY: Defense Intelligence Agency, DoD.
ACTION: Notice to alter a system of records.
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SUMMARY: The Defense Intelligence Agency is proposing to alter a system
of records in its existing inventory of records systems subject to the
Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The proposed action will be effective on May 12, 2008 unless
comments are received that would result in a contrary determination.
ADDRESSES: Freedom of Information Office, Defense Intelligence Agency
(DAN-1A), 200 MacDill Blvd., Washington, DC 20340-5100.
FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery at (202) 231-1193.
SUPPLEMENTARY INFORMATION: The Defense Intelligence Agency system of
records notices 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 system report, as required by 5 U.S.C. 552a(r) of the
Privacy Act of 1974, as amended, was submitted on March 28, 2008, to
the House Committee on Oversight and Government Reform, the Senate
Committee on Homeland Security and 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: April 4, 2008.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
LDIA 0271
System name:
Investigations and Complaints (July 19, 2006, 71 FR 41006).
Changes:
* * * * *
Authority for maintenance of the system:
Delete entry and replace with ``5 U.S.C. 301, Departmental
Regulations; Pub. L. 95-452, the Inspector General
[[Page 19478]]
Act of 1978; DoD Instruction 5106.3, Inspector General, DoD Inspection
Program; DIA Directive 5100.200, Office of the Inspector General
Policies and Procedures; and EO 9397 (SSN).''
* * * * *
Contesting record procedures:
Delete entry and replace with ``DIA's rules for accessing records,
for contesting contents and appealing initial agency determinations are
published in DIA Instruction 5400.001 ``Defense Intelligence Agency
Privacy Act Program;'' 32 CFR part 319--Defense Intelligence Agency
Privacy Program; or may be obtained from the system manager.''
* * * * *
Exemptions claimed for the system:
Delete entry and replace with ``Parts of this system may be exempt
under 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), or (k)(7), as applicable.
Information specifically authorized to be classified under E.O.
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5
U.S.C. 552a(k)(1).
Investigatory material compiled for law enforcement purposes may be
exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is
denied any right, privilege, or benefit for which he would otherwise be
entitled by Federal law or for which he would otherwise be eligible, as
a result of the maintenance of such information, the individual will be
provided access to such information except to the extent that
disclosure would reveal the identity of a confidential source.
Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for federal
civilian employment, military service, federal contracts, or access to
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5),
but only to the extent that such material would reveal the identity of
a confidential source.
Evaluation material used to determine potential for promotion in
the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7),
but only to the extent that the disclosure of such material would
reveal the identity of a confidential source.
An exemption rule for this exemption 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 505. For additional information
contact the system manager.''
* * * * *
LDIA 0271
System name:
Investigations and Complaints.
System location:
Defense Intelligence Agency, Washington, DC 20340-5100.
Categories of individuals covered by the system:
Current and former civilian and military personnel who filed a
complaint acted upon by the Inspector General, DIA, or who were the
subject of an Inspector General, DIA, investigation or inquiry.
Categories of records in the system:
Individual's name, address, Social Security (SSN), and to include
documents relating to the organization, planning and execution of
internal/external investigations and records created because of
investigations conducted by the Office of the Inspector General,
including reports of investigations, records of action taken and
supporting papers. These files include investigations of both
organizational elements and individuals.
Authority for maintenance of the system:
5 U.S.C. 301, Departmental Regulations; Pub. L. 95-452, the
Inspector General Act of 1978; DoD Instruction 5106.3, Inspector
General, DoD Inspection Program; DIA Directive 5100.200, Office of the
Inspector General Policies and Procedures; and EO 9397 (SSN).
Purpose(s):
Information is collected to determine the facts and circumstances
surrounding a complaint filed with the office of the Inspector General
by a Defense Intelligence Agency employee or to determine the facts and
circumstances of matters under Inspector General inquiry of
investigation. Information collected by the Inspector General is for
providing the Director, DIA, with a sound basis for just and
intelligence action. Records are used as a basis for recommending
actions to the Command Element and other DIA elements. Depending upon
the nature of the information it may be passed to appropriate elements
within the DoD, the Department of State, Department of Justice, Central
Intelligence Agency and to other appropriate Government agencies.
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 `Blanket Routine Uses' set forth at the beginning of the DIA'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:
Paper records in file folders and electronic storage media.
Retrievability:
Filed by subject matter and case number.
Safeguards:
Records are maintained in a building protected by security guards
and are stored in vaults, safes or locked cabinets and are accessible
only to authorized personnel who are properly screened, cleared and
trained in the protection of privacy information. Electronic records
are maintained on a classified and password protected system.
Retention and disposal:
Records are held in current files for 5 years after completion and
adjudication of all actions and retired to the Washington National
Records Center. Investigations will be offered to the National Archives
and complaints destroyed when 20 years old.
System manager(s) and address:
Director, Inspector General's Office, Defense Intelligence Agency,
Washington, DC 20340-5100.
Notification procedure:
Individuals seeking to determine whether information about
themselves is contained in this system of records should address
written inquiries to the Freedom of Information Act Office (DAN-1A/
FOIA), Defense Intelligence Agency, 200 MacDill Blvd., Washington, DC
20340-5100.
Individual should provide their full name, current address,
telephone number and Social Security Number (SSN).
Record access procedures:
Individuals seeking access to information about themselves
contained in this system should address written inquiries to the
Freedom of Information Act Office (DAN-1A/FOIA), Defense Intelligence
Agency, 200 MacDill Blvd., Washington, DC 20340-5100.
Individual should provide their full name, current address,
telephone
[[Page 19479]]
number and Social Security Number (SSN).
Contesting record procedures:
DIA's rules for accessing records, for contesting contents and
appealing initial agency determinations are published in DIA
Instruction 5400.001 ``Defense Intelligence Agency Privacy Act
Program;'' 32 CFR part 319--Defense Intelligence Agency Privacy
Program; or may be obtained from the system manager.
Record source categories:
Personal interviews, personal history statements, abstracts or
copies of pertinent medical records, abstracts from personnel records,
results of tests, physician's notes, observations from employee's
behavior, related notes, papers from counselors and/or clinical
directors.
Exemptions claimed for the system:
Parts of this system may be exempt under 5 U.S.C. 552a(k)(1),
(k)(2), (k)(5), or (k)(7), as applicable.
Information specifically authorized to be classified under E.O.
12958, as implemented by DoD 5200.1-R, may be exempt pursuant to 5
U.S.C. 552a(k)(1).
Investigatory material compiled for law enforcement purposes may be
exempt pursuant to 5 U.S.C. 552a(k)(2). However, if an individual is
denied any right, privilege, or benefit for which he would otherwise be
entitled by Federal law or for which he would otherwise be eligible, as
a result of the maintenance of such information, the individual will be
provided access to such information except to the extent that
disclosure would reveal the identity of a confidential source.
Investigatory material compiled solely for the purpose of
determining suitability, eligibility, or qualifications for federal
civilian employment, military service, federal contracts, or access to
classified information may be exempt pursuant to 5 U.S.C. 552a(k)(5),
but only to the extent that such material would reveal the identity of
a confidential source.
Evaluation material used to determine potential for promotion in
the Military Services may be exempt pursuant to 5 U.S.C. 552a(k)(7),
but only to the extent that the disclosure of such material would
reveal the identity of a confidential source.
An exemption rule for this exemption 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 505. For additional information
contact the system manager.
[FR Doc. E8-7610 Filed 4-9-08; 8:45 am]
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