[Federal Register Volume 68, Number 64 (Thursday, April 3, 2003)]
[Notices]
[Pages 16264-16266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-8017]


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DEPARTMENT OF DEFENSE


Office of the Inspector General; Privacy Act of 1974; System of 
Records

AGENCY: Office of the Inspector General, DoD.

ACTION: Notice to alter a system of records.

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SUMMARY: The Inspector General, DoD is proposing to alter an existing 
system of records in its inventory of records systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended. The alteration 
consists of adding exemptions to the existing system of records CIG 01, 
entitled ``Privacy Act and Freedom of Information Act Case Files''.
    The exemptions are needed because during the course of a Freedom of 
Information Act (FOIA) and Privacy Act action, exempt materials from 
other systems of records may in turn become part of the case records in 
the system. To the extent that copies of exempt records from those 
``other'' systems of records are entered into the Freedom of 
Information Act and/or Privacy Act case records, the Inspector General, 
DoD, hereby claims the same exemptions for the records from those 
``other'' systems that are entered into this system, as claimed for the 
original primary systems of records which they are a part. Therefore, 
the Inspector General, DoD is proposing to add exemptions 5 U.S.C. 
552a(j)(2), (k)(1) through (k)(7) to an existing system of records.

DATES: This proposed action will be effective without further notice on 
May 5, 2003, unless comments are received which result in a contrary 
determination.

ADDRESSES: Send comments to Office of the Inspector General, Department 
of Defense, 400 Army Navy Drive, Room 201, Arlington, VA 22202-4704.

FOR FURTHER INFORMATION CONTACT: Mr. Joseph E. Caucci at (703) 604-
9786.

SUPPLEMENTARY INFORMATION: The Office of the Inspector General, DoD 
notice for system of records 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 systems report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on March 20, 2003, to 
the House Committee on Government Reform, the Senate Committee on 
Governmental Affairs, and the Office of Management and Budget (OMB) 
pursuant to paragraph 4c of Appendix I to OMB Circular No. A-130, 
``Federal

[[Page 16265]]

Agency Responsibilities for Maintaining Records About Individuals,'' 
dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: March 25, 2003.
Patricia L. Toppings,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
CIG-01

System name:
    Privacy Act and Freedom of Information Act Files (February 22, 
1993, 58 FR 10213).

Changes:
* * * * *

System name:
    Delete entry and replace with ``Privacy Act and Freedom of 
Information Act Case Files.''
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``All individuals who submit Freedom 
of Information Act (FOIA) and Privacy Act (PA) requests and 
administrative appeals to the Office of the Inspector General (OIG), 
DoD and other activities receiving administrative FOIA and Privacy Act 
support from the OIG; individuals whose FOIA and Privacy Act requests 
and/or records have been referred by other Federal agencies to the OIG 
for release to the requester; attorneys representing individuals 
submitting such requests and appeals, individuals who are the subjects 
of such requests and appeals, and/or the OIG personnel assigned to 
handle such requests and appeals.''

Categories of records in the system:
    Delete entry and replace with ``Records created or compiled in 
response to FOIA and Privacy Act requests and administrative appeals, 
i.e., original requests and administrative appeals; responses to such 
requests and administrative appeals; all related memoranda, 
correspondence, notes, and other related or supporting documentation; 
and copies of requested records and records under administrative 
appeal.''
* * * * *

Purpose(s):
    Delete entry and replace with ``Information is being collected and 
maintained for the purpose of processing FOIA and Privacy Act requests 
and administrative appeals; for participating in litigation regarding 
agency action on such requests and appeals; for amendment to records 
made under the Privacy Act and to document OIG actions in response to 
these requests; and for assisting the Office of the Inspector General, 
DoD in carrying out any other responsibilities under the FOIA.
    Also, information may be provided to the appropriate OIG element 
when further action is needed to verify assertions of the requester or 
to obtain permission to release information obtained from sources.''
* * * * *

Retrievability:
    Delete entry and replace with ``Retrieved by individual's name, 
subject matter, date of document, and request number.''
* * * * *

Retention and disposal:
    Delete entry and replace with ``FOIA and Privacy Act paper records 
that are granted in full are destroyed 2 years after the date of reply. 
Paper records that are denied in whole or part, no records responses, 
responses to requesters who do not adequately describe records being 
sought, do not state a willingness to pay fees, and records which are 
appealed or litigated, are destroyed 6 years after final FOIA action 
and 5 years after final Privacy Act action, or three years after final 
adjudication by courts, whichever is later. Electronic records are 
deleted within 180 or when no longer needed to support office business 
needs.''
* * * * *

Exemptions claimed for the system:
    Delete entry and replace with ``During the course of a FOIA and 
Privacy Act action, exempt materials from other systems of records may 
in turn become part of the case records in this system. To the extent 
that copies of exempt records from those ``other'' systems of records 
are entered into this FOIA or Privacy Act case record, Office of the 
Inspector General hereby claims the same exemptions for the records 
from those ``other'' systems that are entered into this system, as 
claimed for 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 312. For additional information 
contact the system manager.''
* * * * *
CIG-01

System name:
    Privacy Act and Freedom of Information Act Case Files.

System location:
    Freedom of Information and Privacy Act Office, Administrative 
Services Division, Office of the Inspector General of the Department of 
Defense, 400 Army Navy Drive, Arlington, VA 22202-4704.

Categories of individuals covered by the system:
    All individuals who submit Freedom of Information Act (FOIA) and 
Privacy Act (PA) requests and administrative appeals to the Office of 
the Inspector General (OIG), DoD and other activities receiving 
administrative FOIA and Privacy Act support from the OIG; individuals 
whose FOIA and Privacy Act requests and/or records have been referred 
by other Federal agencies to the OIG for release to the requester; 
attorneys representing individuals submitting such requests and 
appeals, individuals who are the subjects of such requests and appeals, 
and/or the OIG personnel assigned to handle such requests and appeals.

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

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552a, as amended; 
DoD 5400.11-R, Department of Defense Privacy Program; 5 U.S.C. 552, The 
Freedom of Information Act, as amended; and DoD 5400.7-R, DoD Freedom 
of Information Act Program.

Purpose(s):
    Information is being collected and maintained for the purpose of 
processing FOIA and Privacy Act requests and administrative appeals; 
for participating in litigation regarding agency action on such 
requests and appeals; for amendment to records made under the Privacy 
Act and to document OIG actions in response to these requests; and for 
assisting the Office of the Inspector General, DoD in carrying out any 
other responsibilities under the FOIA.
    Also, information may be provided to the appropriate OIG element 
when

[[Page 16266]]

further action is needed to verify assertions of the requester or to 
obtain permission to release information obtained from sources.

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:
    Information from this system may be provided to other Federal 
agencies and state and local agencies when it is necessary to 
coordinate responses or denials.
    The DoD ``Blanket Routine Uses'' set forth at the beginning of the 
OIG's compilation of systems of records notices also 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 on electronic storage media.

Retrievability:
    Retrieved by individual's name, subject matter, date of document, 
and request number.

Safeguards:
    Records are stored in locked security containers accessible only to 
authorized personnel.

Retention and disposal:
    FOIA and Privacy Act paper records that are granted in full are 
destroyed 2 years after the date of reply. Paper records that are 
denied in whole or part, no records responses, responses to requesters 
who do not adequately describe records being sought, do not state a 
willingness to pay fees, and records which are appealed or litigated, 
are destroyed 6 years after final FOIA action and 5 years after final 
Privacy Act action, or three years after final adjudication by courts, 
whichever is later. Electronic records are deleted within 180 or when 
no longer needed to support office business needs.

System manager(s) and address:
    Chief, Freedom of Information Act and Privacy Act Office, 
Administrative Services Division, Office of the Inspector General, DoD, 
400 Army Navy Drive, Arlington, VA 22202-4704.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system should address written inquiries 
to the Chief, Freedom of Information Act and Privacy Act Office, 
Administrative Services Division, Office of the Inspector General, DoD, 
400 Army Navy Drive, Arlington, VA 22202-4704.
    Please include full information regarding the previous request such 
as date, subject matter, and if available, copies of the previous OIG 
reply.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the Chief, 
Freedom of Information Act and Privacy Act Office, Administrative 
Services Division, Office of the Inspector General, DoD, 400 Army Navy 
Drive, Arlington, VA 22202-4704.
    Please include full information regarding the previous request such 
as date, subject matter, and if available, copies of the previous OIG 
reply.

Contesting record procedures:
    The OIG's rules for accessing records and for contesting contents 
and appealing initial agency determinations are published in 32 CFR 
part 312 or may be obtained from the system manager.

Record source categories:
    From the individuals on whom records are maintained and official 
records.

Exemptions claimed for the system:
    During the course of a FOIA and Privacy Act action, exempt 
materials from other systems of records may in turn become part of the 
case records in this system. To the extent that copies of exempt 
records from those ``other'' systems of records are entered into this 
FOIA or Privacy Act case record, Office of the Inspector General hereby 
claims the same exemptions for the records from those ``other'' systems 
that are entered into this system, as claimed for 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 312. For additional information 
contact the system manager.

[FR Doc. 03-8017 Filed 4-2-03; 8:45 am]
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