[Federal Register Volume 64, Number 23 (Thursday, February 4, 1999)]
[Notices]
[Pages 5645-5646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2579]


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DEPARTMENT OF DEFENSE

Department of the Navy


Privacy Act of 1974; System of Records Notice

AGENCY: Department of the Navy, DoD.
ACTION: Notice to amend a record system.

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SUMMARY: The Department of the Navy proposes to amend a system of 
records notice in its inventory of record systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended.
DATES: The amendment will be effective on March 8, 1999, unless 
comments are received that would result in a contrary determination.
ADDRESSES: Send comments to the Department of the Navy, PA/FOIA Policy 
Branch, Chief of Naval Operations (N09B30), 2000 Navy Pentagon, 
Washington, DC 20350-2000.
FOR FURTHER INFORMATION CONTACT: Mrs. Doris Lama at (202) 685-6545 or 
DSN 325-6545.
SUPPLEMENTARY INFORMATION: The Department of the Navy's record system 
notices for records systems 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 Department of the Navy proposes to amend a system of records 
notice in its inventory of record systems subject to the Privacy Act of 
1974 (5 U.S.C. 552a), as amended. The changes to the system of records 
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 new or 
altered systems report. The record system being amended is set forth 
below, as amended, published in its entirety.
    Dated: January 29, 1999.
L. M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
N05800-1

System name:
    Legal Office Litigation/Correspondence Files (September 20, 1993, 
58 FR 48852).

Changes:
* * * * *

System manager(s) and address:
    Delete entry and replace with `Associate General Counsel 
(Litigation), Office of the General Counsel of the Navy, 901 M Street 
SE, Washington Navy Yard, Washington, DC 20374-5012.'

Notification procedure:
    Delete entry and replace with `Individuals seeking to determine 
whether information about themselves is contained in this system should 
address written inquiries to the naval activity involved in the 
litigation or to the Office of the General Counsel of the Navy, 901 M 
Street SE, Washington

[[Page 5646]]

Navy Yard, Washington, DC 20374-5012.
    Written requests should include name and date litigation was 
filed.'

Record access procedures:
    Delete entry and replace with `Individuals seeking access to 
information about themselves contained in this system of records should 
address written inquiries to the naval activity involved in the 
litigation or to the Office of the General Counsel of the Navy, 901 M 
Street SE, Washington Navy Yard, Washington, DC 20374-5012.
    Written requests should include full name and year litigation 
commenced.'
* * * * *
N05800-1

System name:
    Legal Office Litigation/Correspondence Files.

System location:
    Organizational elements of the Department of the Navy. Official 
mailing addresses are published as an appendix to the Navy's 
compilation of systems of records notices.

Categories of individuals covered by the system:
    Individuals involved in litigation which requires Navy action.

Categories of records in the system:
    Statements; affidavits/declarations; investigatory and 
administrative reports, including background investigations to 
determine suitability for service; personnel, financial, medical and 
business records; promotion/evaluation information; test or evaluation 
materials; hotline complaints and responses thereto; discovery and 
discovery responses; motions; orders; rulings; letters; messages; 
forms; reports; surveys; audits; summons; English translations of 
foreign documents; photographs; legal opinions; subpoenas; pleadings; 
memos; related correspondence; briefs; petitions; court records 
involving litigation; and, related matters.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations.

Purpose(s):
    To prepare correspondence and materials for litigation.

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' that appear at the beginning of the 
Navy'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:
    File cabinets and computerized docket system.

Retrievability:
    Name of individual and the year litigation commenced.

Safeguards:
    Manual records are maintained in file cabinets under the control of 
authorized personnel during working hours. The office space in which 
the file cabinets are located is locked outside of official working 
hours. Computer terminals are located in supervised areas. Access is 
controlled by password or other user code system.

Retention and disposal:
    After closure, records are sent to Federal Records Center where 
they are retained permanently.

System manager(s) and address:
    Associate General Counsel (Litigation), Office of the General 
Counsel of the Navy, 901 M Street SE, Washington Navy Yard, Washington, 
DC 20374-5012.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the naval activity involved in the litigation or to the Office of 
the General Counsel of the Navy, 901 M Street SE, Washington Navy Yard, 
Washington, DC 20374-5012.
    Written requests should include name and date litigation was filed.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
the naval activity involved in the litigation or to the Office of the 
General Counsel of the Navy, 901 M Street SE, Washington Navy Yard, 
Washington, DC 20374-5012.
    Written requests should include full name and year litigation 
commenced.

Contesting record procedures:
    The Navy's rules for accessing records, and for contesting contents 
and appealing initial agency determinations are published in Secretary 
of the Navy Instruction 5211.5; 32 CFR part 701; or may be obtained 
from the system manager.

Record source categories:
    Court records, records from the individual, personal interviews and 
statements, departmental records such as personnel files, medical 
records, State and Federal records, police reports and complaints, 
general correspondence.

Exemptions claimed for the system:
    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.
    Testing or examination material used solely to determine individual 
qualifications for appointment or promotion in the Federal service may 
be exempt pursuant to 5 U.S.C. 552a(k)(6), if the disclosure would 
compromise the objectivity or fairness of the test or examination 
process.
    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 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 701, subpart G. For additional 
information contact the system manager.
[FR Doc. 99-2579 Filed 2-3-99; 8:45 am]
BILLING CODE 5000-04-F