[Federal Register: November 12, 2008 (Volume 73, Number 219)]
[Notices]               
[Page 66857-66859]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no08-51]                         

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DoD-2008-OS-0133]

 
Privacy Act of 1974; System of Records

AGENCY: Office of the Secretary, DoD.

ACTION: Notice to amend a system of records notice.

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SUMMARY: The Office of the Secretary of Defense is amending a system of 
records notice in its existing inventory of record systems subject to 
the Privacy Act of 1974, (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective without further notice on 
December 12, 2008 unless comments are received which result in a 
contrary determination.

ADDRESSES: Send comments to the Privacy Act Officer, Office of Freedom 
of Information, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington, DC 20301-1155.

FOR FURTHER INFORMATION CONTACT: Mrs. Cindy Allard at (703) 588-2386.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
systems 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 specific changes to the record systems being amended are set 
forth below followed by the notice, as amended, published in its 
entirety. The proposed amendments are not within the purview of 
subsection (r) of the Privacy Act of 1974, (5 U.S.C. 552a), as amended, 
which requires the submission of a new or altered system report.

    Dated: November 3, 2008.
Morgan E. Frazier,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DWHS E04

System name:
    Privacy Act Case Files.

Changes:
* * * * *

System location:
    Delete entry and replace with ``Washington Headquarters Services 
records: Freedom of Information Division, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    DoD Educational Activity Records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Offices, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.''

Categories of individuals covered by the system:
    Delete entry and replace with ``All persons who have requested 
documents and/or appeals under the provisions of the Privacy Act (PA); 
and attorneys representing individuals submitting such requests.''
* * * * *

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 301, Departmental 
Regulations; 5 U.S.C. 552a, The Privacy Act of 1974, as amended; DoD 
5400.11-R, Department of Defense Privacy Program; Administrative 
Instruction 81, Privacy Program; 10 U.S.C. 2164, Department of Defense 
Domestic Dependent Elementary and Secondary Schools; 20 U.S.C. 921-932, 
Overseas Defense Dependent's Education; DoD Directive 1342.20 
Department of Defense Education Activity and E.O. 9397 (SSN).''
* * * * *

System manager(s) and address:
    Delete entry and replace with ``For Washington Headquarters 
Services records: OSD/JS Privacy Office, Office of Freedom of 
Information, Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.''

Notification procedure:
    Delete entry and replace with ``Individuals seeking to determine 
whether information about themselves is contained in this system of 
records should address written inquiries to:
    For Washington Headquarters Services records: Chief, OSD/JS Privacy 
Office, Office of Freedom of Information, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.

[[Page 66858]]

    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    Written requests should include the individual's name.''

Record access procedures:
    Delete entry and replace with ``Individuals seeking to access their 
record should address written inquiries to:
    For Washington Headquarters Services records: OSD/JS Freedom of 
Information Requester Service Center, Office of Freedom of Information, 
Executive Services Directorate, Washington, Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    Requests for access must include this System of Record Notice name 
and number, be in writing, signed, and provide evidence of the 
requester's identity such as a copy of a photo ID or passport or 
similar document bearing the requester's signature. Additionally for 
DoD Education Activity records: if a parent or legal guardian is 
requesting records pertaining to his or her minor child or ward, he/she 
must also provide evidence of that relationship. For example, the 
parent may provide a copy of the child's school enrollment form signed 
by the parent, or copy of a divorce decree or travel order that 
includes the child's name, or an order of guardianship, or a 
declaration stating that he/she is the parent or legal guardian of the 
minor or incapacitated child.''
* * * * *
DWHS E04

System name:
    Privacy Act Case Files.

System location:
    Washington Headquarters Services records: Freedom of Information 
Division, Executive Services Directorate, Washington Headquarters 
Services, 1155 Defense Pentagon, Washington, DC 20301-1155.
    DoD Educational Activity Records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Offices, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.

Categories of individuals covered by the system:
    All persons who have requested documents and/or appeals under the 
provisions of the Privacy Act (PA); and attorneys representing 
individuals submitting such requests.

Categories of records in the system:
    Records created or compiled in response to Privacy Act requests and 
administrative appeals, i.e.; original and copies of requests and 
administrative appeals; responses to such requests and administrative 
appeals; all related memoranda, correspondence, notes, and other 
related or supporting documentation.

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; DoD 5400.11-R, Department of Defense Privacy 
Program; Administrative Instruction 81, Privacy Program; 10 U.S.C. 
2164, Department of Defense Domestic Dependent Elementary and Secondary 
Schools; 20 U.S.C. 921-932, Overseas Defense Dependent's Education; DoD 
Directive 1342.20 Department of Defense Education Activity 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:
    Paper records in file folders and electronic storage media.

Retrievability:
    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:
    Responses granting access to all the requested records, destroy 2 
years after the date of reply. Responding to requests for nonexistent 
records; to requesters who provide inadequate descriptions; and to 
those who fail to pay agency reproduction fees; destroy requests not 
appealed 2 years after date of reply; destroy appealed requests in 
accordance with the approved disposition instructions for related 
subject individual's records or 3 years after final adjudication by the 
courts, whichever is later. Responses denying access to all or part of 
the records requested, destroy requests not appealed 5 years after date 
of reply.

System manager(s) and address:
    For Washington Headquarters Services records: OSD/JS Privacy 
Office, Office of Freedom of Information, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to:
    For Washington Headquarters Services records: Chief, OSD/JS Privacy 
Office, Office of Freedom of Information, Executive Services 
Directorate, Washington Headquarters Services, 1155 Defense Pentagon, 
Washington, DC 20301-1155.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    Written requests should include the individual's name.

Record access procedures:
    Individuals seeking to access their record should address written 
inquiries to:
    For Washington Headquarters Services records: OSD/JS Freedom of

[[Page 66859]]

Information Requester Service Center, Office of Freedom of Information, 
Executive Services Directorate, Washington Headquarters Services, 1155 
Defense Pentagon, Washington, DC 20301-1155.
    For DoD Education Activity records: Department of Defense Education 
Activity, Privacy Act Office, Executive Services Office, Office of the 
Chief of Staff, 4040 North Fairfax Drive, Arlington, VA 22203-1634.
    Requests for access must include this System of Record Notice name 
and number, be in writing, signed, and provide evidence of the 
requester's identity such as a copy of a photo ID or passport or 
similar document bearing the requester's signature. Additionally for 
DoD Education Activity records: if a parent or legal guardian is 
requesting records pertaining to his or her minor child or ward, he/she 
must also provide evidence of that relationship. For example, the 
parent may provide a copy of the child's school enrollment form signed 
by the parent, or copy of a divorce decree or travel order that 
includes the child's name, or an order of guardianship, or a 
declaration stating that he/she is the parent or legal guardian of the 
minor or incapacitated child.

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. E8-26761 Filed 11-10-08; 8:45 am]

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