[Code of Federal Regulations]
[Title 32, Volume 6]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR806b.47]

[Page 50-51]
 
                        TITLE 32-NATIONAL DEFENSE
 
                CHAPTER VII--DEPARTMENT OF THE AIR FORCE
 
PART 806b_PRIVACY ACT PROGRAM--Table of Contents
 
              Subpart L_Disclosing Records to Third Parties
 
Sec. 806b.47  Rules for releasing Privacy Act information without consent 
of the subject.

    The Privacy Act prohibits disclosing personal information to anyone 
other than the subject of the record without his or her written consent. 
There are twelve exceptions to the ``no disclosure without consent'' 
rule. Those exceptions permit release of personal information without 
the individual's consent only in the following instances:
    (a) Exception 1. DoD employees who have a need to know the 
information in the performance of their official duties.
    (b) Exception 2. In response to a Freedom of Information Act request 
for information contained in a system of records about an individual and 
the Freedom of Information Act requires release of the information.
    (c) Exception 3. To agencies outside DoD only for a Routine Use 
published in the Federal Register. The purpose of the disclosure must be 
compatible with the intended purpose of collecting and maintaining the 
record. When initially collecting the information from the subject, the 
Routine Uses block in the Privacy Act Statement must name the agencies 
and reason.

    Note to paragraph (c):
    In addition to the Routine Uses established by the Department of the 
Air Force within each system of records, the DoD has established 
``Blanket Routine Uses'' that apply to all record systems maintained by 
the Department of the Air Force. These ``Blanket Routine Uses'' have 
been published only once at the beginning of the Department of the Air 
Force's Federal Register compilation of record systems notices in the 
interest of simplicity, economy and to avoid redundancy. Unless a system 
notice specifically excludes a system of records from a ``Blanket 
Routine Use,'' all ``Blanket Routine Uses'' apply to that system (see 
Appendix C to this part).

    (d) Exception 4. The Bureau of the Census to plan or carry out a 
census or survey under Title 13, U.S.C. Section 8.
    (e) Exception 5. A recipient for statistical research or reporting. 
The recipient must give advanced written assurance that the information 
is for statistical purposes only. Note: No one may use any part of the 
record to decide on individuals' rights, benefits, or entitlements. You 
must release records in a format that makes it impossible to identify 
the real subjects.
    (f) Exception 6. The National Archives and Records Administration to 
evaluate records for permanent retention. Records stored in Federal 
Records Centers remain under Air Force control.

[[Page 51]]

    (g) Exception 7. A Federal, State, or local agency (other than DoD) 
for civil or criminal law enforcement. The head of the agency or a 
designee must send a written request to the system manager specifying 
the record or part needed and the law enforcement purpose. In addition, 
the ``blanket routine use'' for law enforcement allows the system 
manager to disclose a record to a law enforcement agency if the agency 
suspects a criminal violation.
    (h) Exception 8. An individual or agency that needs the information 
for compelling health or safety reasons. The affected individual need 
not be the record subject.
    (i) Exception 9. Either House of Congress, a congressional 
committee, or a subcommittee, for matters within their jurisdictions. 
The request must come from the committee chairman or ranking minority 
member (see Air Force Instruction 90-401, Air Force Relations With 
Congress).\9\
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    \9\ http://www.e-publishing.af.mil/pubfiles/af/90/afi90-401/afi90-
401.pdf.
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    (1) Requests from a Congressional member acting on behalf of the 
record subject are evaluated under the routine use of the applicable 
system notice. If the material for release is sensitive, get a release 
statement.
    (2) Requests from a Congressional member not on behalf of a 
committee or the record subject are properly analyzed under the Freedom 
of Information Act, and not under the Privacy Act.
    (j) Exception 10. The Comptroller General or an authorized 
representative of the General Accounting Office (GAO) to conduct 
official GAO business.
    (k) Exception 11. A court of competent jurisdiction, with a court 
order signed by a judge.
    (l) Exception 12. A consumer reporting agency in accordance with 31 
U.S.C. 3711(e). Ensure category element is represented within the system 
of records notice.