[Code of Federal Regulations]
[Title 32, Volume 5]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR701.7]

[Page 52-53]
 
                       TITLE 32--NATIONAL DEFENSE
 
                   CHAPTER VI--DEPARTMENT OF THE NAVY
 
PART 701_AVAILABILITY OF DEPARTMENT OF THE NAVY RECORDS AND PUBLICATION 
OF DEPARTMENT OF THE NAVY DOCUMENTS AFFECTING THE PUBLIC--Table of Contents
 
   Subpart A_Department of the Navy Freedom of Information Act (FOIA) 
                                 Program
 
Sec. 701.7  Relationship between the FOIA and PA.

    Not all requesters are knowledgeable of the appropriate statutory 
authority to cite when requesting records. In some instances, they may 
cite neither Act, but will imply one or both Acts. For these reasons, 
the following guidelines are provided to ensure requesters receive the 
greatest amount of access rights under both Acts:
    (a) If the record is required to be released under the FOIA, the PA 
does not bar its disclosure. Unlike the FOIA, the PA applies only to 
U.S. citizens and aliens admitted for permanent residence. Subpart F of 
this part implements the DON's Privacy Act Program.
    (b) Requesters who seek records about themselves contained in a PA 
system of records and who cite or imply only the PA, will have their 
requests processed under the provisions of both the PA and the FOIA. If 
the PA

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system of records is exempt from the provisions of 5 U.S.C. 552a(d)(1) 
and the records, or any portion thereof are exempt under the FOIA, the 
requester shall be so advised with the appropriate PA and FOIA 
exemption. Appeals shall be processed under both Acts.
    (c) Requesters who seek records about themselves that are not 
contained in a PA system of records and who cite or imply the PA will 
have their requests processed under the provisions of the FOIA, since 
the PA does not apply to these records. Appeals shall be processed under 
the FOIA.
    (d) Requesters who seek records about themselves that are contained 
in a PA system of records and who cite or imply the FOIA or both Acts 
will have their requests processed under the provisions of both the PA 
and the FOIA. If the PA system of records is exempt from the provisions 
of 5 U.S.C. 552a(d)(1), and the records, or any portion thereof are 
exempt under the FOIA, the requester shall be so advised with the 
appropriate PA and FOIA exemption. Appeals shall be processed under both 
Acts.
    (e) Requesters who seek access to agency records that are not part 
of a PA system of records, and who cite or imply the PA and FOIA, will 
have their requests processed under FOIA, since the PA does not apply to 
these records. Appeals shall be processed under the FOIA.
    (f) Requesters who seek access to agency records and who cite or 
imply the FOIA will have their requests and appeals processed under the 
FOIA.
    (g) Requesters shall be advised in final responses which Act(s) was 
(were) used, inclusive of appeal rights.
    (h) The time limits for responding to the request will be determined 
based on the Act cited. For example, if a requester seeks access under 
the FOIA for his or her personal records which are contained in a PA 
system of records, the time limits of the FOIA apply.
    (i) Fees will be charged based on the kind of records being 
requested (i.e., FOIA fees if agency records are requested; PA fees for 
requesters who are seeking access to information contained in a PA 
system of record which is retrieved by their name and/or personal 
identifier).