[Federal Register Volume 72, Number 14 (Tuesday, January 23, 2007)]
[Proposed Rules]
[Pages 2819-2823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-800]
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DEPARTMENT OF DEFENSE
Office of the Secretary
[DoD-2006-OS-0033; 0790-AI10]
32 CFR Part 311
Office of the Secretary Privacy Program
AGENCY: Department of Defense.
ACTION: Proposed rule.
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SUMMARY: This rule proposed updates and implements policies and
procedures for the Privacy Act Program in the Office of the Secretary
of Defense and organizations provided administrative support by the
Washington Headquarters Services.
DATES: Comments must be received by March 26, 2007.
ADDRESSES: You may submit comments, identified by docket number and or
RIN number and title, by any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://regulations.gov
as they are received without change, including any personal identifiers
or contact information.
FOR FURTHER INFORMATION CONTACT: Ms. J. Irvin, 703-696-4940.
SUPPLEMENTARY INFORMATION:
Executive Order 12866, ``Regulatory Planning and Review''
It has been determined that 32 CFR part 311 is not a significant
regulatory action. The rule does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
this Executive Order.
Unfunded Mandates Reform Act (Sec. 202, Pub. L. 104-4)
It has been certified that this rule does not contain a Federal
mandate that may result in the expenditure by State, local and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that this rule is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it would not, if
promulgated, have a significant economic impact on a substantial number
of small entities. Certification is required.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that this rule does impose reporting or
recordkeeping requirements under the Paperwork Reduction Act of 1995.
The reporting and recordkeeping requirements have been submitted to OMB
for review.
Executive Order 13132, ``Federalism''
It has been certified that this rule does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
[[Page 2820]]
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 311
Privacy.
Accordingly, 32 CFR part 311 is proposed to be revised to read as
follows:
PART 311--OFFICE OF THE SECRETARY OF DEFENSE PRIVACY PROGRAM
Sec.
311.1 Purpose.
311.2 Applicability.
311.3 Definitions.
311.4 Policy.
311.5 Responsibilities.
311.6 Procedures.
311.7 Information requirements.
Authority: Pub. L. 93-579, 88 Stat. 1986 (5 U.S.C. 552a).
Sec. 311.1 Purpose.
This part updates and implement the policies and procedures
outlined in 5 U.S.C. 552a, Office of Management and Budget (OMB)
Circular No. A-130, DoD Directive 5400.11,\1\ and DoD 5400.11-R.\2\
This part provides guidance and procedures for implementing the Privacy
Program in the Office of the Secretary of Defense (OSD) and
organizations receiving administrative support from the Washington
Headquarters Services (WHS), according to DoD Directive 5110.4.\3\
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\1\ Copies may be obtained at http://www.dtic.mil/whs/directives/.
\2\ Copies may be obtained at http://www.dtic.mil/whs/directives/.
\3\ Copies may be obtained at http://www.dtic.mil/whs/directives/.
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Sec. 311.2 Applicability.
This part:
(a) Applies to the OSD, the Chairman of the Joint Chiefs of Staff,
and other activities receiving administrative support from the WHS
(hereafter referred to collectively as the ``OSD Components'').
(b) Covers systems of records maintained by the OSD Components and
governs the maintenance, access, change, and release of information
contained in those systems of records, from which information about an
individual is retrieved by a personal identifier.
Sec. 311.3 Definitions.
Access. Any individual's review of a record or a copy of a record
or parts of a system of records.
Disclosure. The transfer of any personal information from a system
of records by any means of oral, written, electronic, mechanical, or
other communication, to any person, private entity, or Government
Agency, other than the subject of the record, the subject's designated
agent, or the subject's guardian.
Individual. A living citizen of the United States or an alien
lawfully admitted to the United States for permanent residence. The
legal guardian of an individual has the same rights as the individual
and may act on his or her behalf.
Individual access. Access to personal information pertaining to the
individual, by the individual, his or her designated agent, or legal
guardian.
Maintain. For the purpose of this part, includes maintenance,
collection, use, or dissemination.
Matching program. A program that matches the personal records in
computerized databases of two or more Federal Agencies using a
computer.
Personal information. Information about an individual that is
intimate or private, as distinguished from information related solely
to the individual's official functions or public life.
Records. Any item, collection, or grouping of information, whatever
the storage media (e.g., paper or electronic), about an individual that
is maintained by an OSD Component, including, but not limited to, his
or her education, financial transactions, medical history, criminal or
employment history, and that contains his or her name, or the
identifying number, symbol, or other identifying particular assigned to
the individual, such as a finger or voice print or photograph.
System manager. An OSD Component official who is responsible for
the operation and management of a system of records.
System of records. A group of records under the control of an OSD
Component from which personal information is retrieved by the
individual's name or by some identifying number, symbol, or other
identifying particular assigned to an individual.
Sec. 311.4 Policy.
(a) According to DoD 5400.11-R,\4\ it is DoD policy to safeguard
personal information contained in any system of records maintained by
any DoD Component and to permit any individual to know what existing
records pertain to him or her.
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\4\ Copies may be obtained at http://www.dtic.mil/whs/directives/.
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(b) Each office maintaining records and information about
individuals shall ensure that this data is protected from unauthorized
disclosure. These offices shall permit individuals to have access to
and have a copy made of all or any portion of records about them,
except as provided in Chapters 3 and 5 of DoD 5400.11-R. The
individuals will also have an opportunity to request that such records
be amended as provided by 5 U.S.C. 552a and Chapter 3 of DoD 5400.11-R.
Individuals requesting access to their records shall receive concurrent
consideration under 5 U.S.C. 552 and 552a, if appropriate.
(c) The Heads of the OSD Components shall maintain any necessary
record of a personal nature that is individually identifiable in a
manner that complies with the law and DoD policy. Any information
collected must be as accurate, relevant, timely, and complete as is
reasonable to ensure fairness to the individual. Adequate safeguards
must be provided to prevent misuse or unauthorized release of such
information.
Sec. 311.5 Responsibilities.
(a) The Director, WHS, shall:
(1) Direct and administer the DoD Privacy Program for the OSD
Components.
(2) Establish standards and procedures to ensure implementation of
and compliance with 5 U.S.C. 552a, OMB Circular No. A-130, DoD
Directive 5400.11 and DoD 5400.11-R.
(3) Ensure the Records and Declassification Division, Executive
Services Directorate (ESD), WHS, implements all aspects of 5 U.S.C.
552a, except that portion about receiving and acting on public requests
for personal records. As such, the Records and Declassification
Division shall:
(i) Exercise oversight and administrative control of the Privacy
Act Program for the OSD Components.
(ii) Provide guidance and training to the OSD Components as
required by 5 U.S.C. 552a and OMB Circular A-130. Periodic training
will be provided to public affairs officers and others who may be
expected to deal with the news media or the public.
(iii) Collect and consolidate data from the OSD Components and
submit reports to the Defense Privacy Office (DPO), as required by 5
U.S.C. 522a; OMB Circular A-130, DoD Directive 5400.11, DoD 5400.1-R,
and the DPO.
(iv) Coordinate and consolidate information for reporting all
record systems, as well as changes to approved systems, to the OMB, the
Congress, and the Federal Register, as required by 5 U.S.C. 552a, OMB
Circular A-130, and DoD 5400.1-R.
[[Page 2821]]
(v) Serve as the appellate authority for OSD Components when a
requester appeals a denial for access to records under 5 U.S.C. 552a.
(vi) Serve as the appellate authority for OSD Components when a
requester appeals a denial for amendment of a record or initiates legal
action to correct a record.
(vii) Evaluate and decide, in coordination with the DPO, appeals
resulting from denials of access or amendments to records by the OSD
Components.
(4) Ensure the Freedom of Information Division, ESD, WHS, complies
with all aspects of 5 U.S.C. 552a including that portion about
receiving and acting on public requests for personal records. As such,
the Freedom of Information Division shall:
(i) Forward requests for information or access to records to the
appropriate OSD Component having primary responsibility for any
pertinent system of records under 5 U.S.C. 552a or to the OSD
Components under 5 U.S.C. 552.
(ii) Maintain deadlines to ensure responses are made within the
time limits prescribed in 5 U.S.C. 552, DoD Instruction 5400.10 \5\ and
this part.
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\5\ Copies may be obtained at http://www.dtic.mil/whs/directives/.
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(iii) Collect fees charged and assessed for reproducing requested
materials.
(iv) Refer all matters about amendments of records and general and
specific exemptions under 5 U.S.C. 552a to the proper OSD Components.
(5) Coordinate with the DoD General Counsel, or the WHS General
Counsel when appropriate, on OSD Components' denials of appeals for
amending records, and review actions to confirm denial of access to
records, as appropriate.
(b) The DoD General Council shall provide advice and assistance to
the:
(1) Chief, Records and Declassification Division, in the discharge
of appellate and review responsibilities.
(2) Chief, Freedom of Information Division, on all access matters.
(3) OSD Component on legal matters pertaining to 5 U.S.C. 552a.
(c) The Heads of the OSD Components shall:
(1) Designate an individual as the point of contact for Privacy Act
matters; advise the Chief, Records and Declassification Division, and
the Chief, Freedom of Information Division, of the names of officials
so designated.
(2) Report any new record system, or changes to an existing system,
to the Chief, Records and Declassification Division, at least 90 days
before the intended use of the system.
(3) Review all contracts pertaining to the maintenance of records
systems, by or on behalf of the OSD Component, to ensure within his or
her authority that language is included that provides such systems
shall be maintained consistent with 5 U.S.C. 552a.
(4) Revise procurement guidance to ensure contracts providing for
the maintenance of a records system, by or on behalf of the OSD
Component, includes language that such system shall be maintained in
accordance with 5 U.S.C. 552a.
(5) Ensure computer and telecommunications equipment or service
procurements comply with 5 U.S.C. 552.
(6) Coordinate with the Chief, Information Officer, for the OSD
Component to ensure a risk analysis is conducted in compliance with DoD
5400.11-R.
(7) Coordinate with the OSD Chief, Information Officer, to ensure a
Privacy Impact Assessment is conducted in compliance with DoD CIO
memorandum dated October 28, 2005 \6\ and DoD's implementing guidance.
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\6\ Copies may be obtained from http://www.dod.mil/privacy/DoD_PIA_Guidance_Oct_28_2005.pdf.
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(8) Ensure all DoD issuances prepared by the OSD Component that
require forms or other methods to collect information about individuals
are in compliance with 5 U.S.C. 552a.
(9) Establish internal administrative procedures to comply with the
procedures listed in this part and DoD 5400.11-R.
(10) Coordinate with legal counsel on all proposed denials of
access to records.
(11) Provide justification to the Freedom of Information Division
when access to a record is denied in whole or in part.
(12) Provide the record of an initial denial or access to a record
that is appealed to the Freedom of Information Division at the time of
initial denial.
(13) Maintain an accurate accounting of the actions resulting in a
denial for access to a record or for the correction of a record. This
accounting should be maintained so it can be readily certified as the
complete record of proceedings if litigation occurs in accordance with
DoD 5400.11-R.
(14) Ensure all personnel who either have access to a system of
records, or who are engaged in developing or overseeing the procedures
for handling records in a system, are aware of their responsibilities
for protecting personal information according to 5 U.S.C. 552a and DoD
5400.11-R.
(15) Forward all requests for access to records received directly
from an individual to the Freedom of Information Division for
appropriate suspense control and recording.
(16) Provide the Freedom of Information Division with a copy of the
requested record when the request is granted.
(d) The requester shall:
(1) Submit a request for access to records pertaining to oneself in
writing or in person to the OSD Component's custodian of the records.
If the requester is not satisfied with the response, he or she may file
another request in writing as provided in paragraph 311.1(b)(2). The
requester must provide personal identification to verify identity
according to Chapter 3 of DoD 5400.11-R and provide a signed notarized
statement or a sworn declaration in the format specified by DoD 5400.7-
R.\7\
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\7\ Copies may be obtained at http://www.dtic.mil/whs/directives/.
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(2) Describe the record sought and provide sufficient information
to enable the material to be located (e.g., identification of system of
records, approximate date it was initiated, originating organization,
and type of document).
(3) Comply with the procedures provided in DoD 5400.11-R for
inspecting and/or obtaining copies of requested records.
(4) Submit a written request to amend a record to the office
designated in the system of records notice.
Sec. 311.6 Procedures.
(a) Publication of notice in the Federal Register. (1) A notice
shall be published in the Federal Register of any record system meeting
the definition of a system of records in DoD 5400.11-R.
(2) OSD Components shall provide the Chief, Records and
Declassification Division, with 90 days advance notice of any
anticipated new or revised system of records. This information shall be
submitted to the OMB and Congress at least 60 days before use and
published in the Federal Register at least 30 days before being put
into use according to the procedures in DoD 5400.11-R. This provides
the public with an opportunity to submit written data, views, or
arguments to the OSD Components for consideration before a system of
records is established or modified.
(b) Access to systems of records information. (1) As provided by 5
U.S.C. 552a, records shall be disclosed only to the individual they
pertain to and under whose individual name or identifier they are
filed, unless exempted by the provisions in DoD 5400.11-R. If an
[[Page 2822]]
individual is accompanied by a third party, the individual shall be
required to furnish a signed access authorization which grants the
third party access according to Chapter 3 of DoD 5400.11-R.
(2) Individuals may request access to their records, in person or
by mail, in accordance with the following procedures:
(i) In person. Submit a request for an appointment in writing to
WHS, ESD, Freedom of Information Division, 1155 Defense Pentagon,
Washington, DC 20301-1155. The individual shall provide personal
identification to the Freedom of Information Division to verify the
individual's identity according to Chapter 3 of DoD 5400.11-R and
provide a signed notarized statement or a sworn declaration in the
format specified by DoD 5400.7-R.
(ii) By mail. Address requests to WHS, ESD, Freedom of Information
Division, 1155 Defense Pentagon, Washington, DC 20301-1155. To verify
the identity of the individual, the request shall include either a
signed notarized statement or a sworn declaration in the format
specified by DoD 5400.7-R.
(3) There is no requirement that an individual be given access to
records that are not in a group of records that meet the definition of
a system of records in 5 U.S.C. 552a.
(4) Granting access to a record containing personal information
shall not be conditional upon any requirement that the individual state
a reason or otherwise justify the need to gain access.
(5) No verification of identity shall be required of an individual
seeking access to records that are otherwise available to the public.
(6) Individuals shall not be denied access to a record in a system
of records about themselves because those records are exempted from
disclosure under 5 U.S.C. 552. Individuals may only be denied access to
a record in a system of records about themselves when those records are
exempted from the access provisions of Chapter 5 of DoD 5400.11-R.
(7) Individuals shall not be denied access to their records for
refusing to disclose their Social Security Number (SSN), unless
disclosure of the SSN is required by statute, by regulation adopted
before January 1, 1975, or if the record's filing identifier and only
means of retrieval is by SSN.
(c) Access to records or information compiled for law enforcement
purposes. (1) Requests are processed under DoD Directive 5400.11 and 5
U.S.C. 552 to give requesters a greater degree of access to records on
themselves.
(2) Records in the custody of law enforcement activities that have
been incorporated into a system of records or exempted from the access
conditions of DoD Directive 5400.11 will be processed in accordance
with 5 U.S.C. 552. Individuals shall not be denied access to records
solely because they are in the exempt system. They will have the same
access that they would receive under 5 U.S.C. 552. (Also see section
A.10., Chapter 3, DoD 5400.11-R)
(3) Records exempted from access conditions will be processed in
accordance with DoD Directive 5400.11 or 5 U.S.C. 552, depending upon
which regulation gives the greater degree of access. (See also section
A.10.1., Chapter 3, DoD 5400.11-R)
(4) Records exempted from access under Section B, Chapter 5 of DoD
5400.11-R, that are temporarily in the custody of a non-law enforcement
element for adjudicative or personnel actions, shall be referred to the
originating agency.
(d) Access to illegible, incomplete, or partially exempt records.
(1) An individual shall not be denied access to a record or a copy of a
record solely because the physical condition or format of the record
does not make it readily available (e.g., deteriorated state or on
magnetic tape). The document will be prepared as an extract, or it will
be recopied exactly as is.
(2) If a portion of the record contains information that is exempt
from access, an extract or summary containing all releasable
information in the record shall be prepared.
(3) When the physical condition of the record makes it necessary to
prepare an extract for release, the extract shall be prepared so that
the requester will understand it.
(4) The requester shall be informed of all deletions or changes to
records.
(e) Access to medical records. (1) Medical records shall be
disclosed to the individual and may be transmitted to a medical doctor
named by the individual concerned.
(2) The individual may be charged reproduction fees for copies or
records according to DoD 5400.11-R.
(f) Amending and disputing personal information in systems of
records. (1) The Head of an OSD Component, or a designated official,
shall allow individuals to request amendment to their records to the
extent that such records are not accurate, relevant, timely, or
complete. Requests should be as brief and as simple as possible and
should contain adequate identifying information to locate the record, a
description of the items to be amended, and the reason for the change.
A request shall not be rejected nor required to be resubmitted unless
additional information is essential to process the request. Requesters
shall be required to provide verification of their identity as stated
in paragraph (b)(2) of this section to ensure they are seeking to amend
records about themselves.
(2) The appropriate system of records system manager shall mail a
written acknowledgment of an individual's request to amend a record
within 10 workdays after receipt. Such acknowledgment shall identify
the request and may, if necessary, request any additional information
needed to make a determination. No acknowledgment is necessary if the
request can be reviewed and processed, and the individual can be
notified of compliance or denial, within the 10-day period. Whenever
practical, the decision shall be made within 30 working days. For
requests presented in person, written acknowledgment may be provided at
the time the request is presented.
(3) Amending personal information. The Head of an OSD Component, or
designated official, shall promptly take one of the following actions
on requests to amend records:
(i) If they agree with any portion or all of an individual's
request, amend the records in accordance with existing statutes,
regulations, or internal administrative procedures, and inform the
requester of the action taken. The OSD Component shall also notify all
previous holders of the record that the amendment has been made and
shall explain the substance of the correction, except for disclosures
of the records to officers or DoD employees, or made as required by the
Freedom of Information Act, the OSD shall also notify all to whom the
record was disclosed that the amendment has been made and shall explain
the substance of the correction.
(ii) Notify the requester of the disapproval to amend a record and
the reason for the disapproval. Notify the requester of the procedure
to submit an appeal as described in paragraph (f)(5) of this section.
if he or she disagrees with all or any portion of a request.
(iii) Refer requests to the appropriate Federal Agency. Advise the
requester of this referral if the request for an amendment pertains to
a record controlled and maintained by another Agency.
(4) Disputing personal information. The Head of an OSD Component or
designated official shall:
(i) Determine whether the requester has adequately supported his or
her claim that the record is inaccurate, irrelevant, untimely, or
incomplete.
[[Page 2823]]
(ii) Limit the review of a record to those items of information
that clearly bear on any determination to amend the records and ensure
that those elements are reviewed before a determination is made.
(5) If an individual disagrees with the initial OSD Component
determination, he or she may file an appeal. The request should be sent
to the Chief, Records and Declassification Division, WHS, 1155 Defense
Pentagon, Washington, DC 20301-1155.
(6) If, after review, the Records and Declassification Division
determines the system of records should not be amended as requested,
the Records and Declassification Division shall provide a copy of any
statement of disagreement to the extent that disclosure accounting is
maintained in accordance with Chapter 4 or DoD 5400.11-R. The Records
and Declassification Division shall advise the individual:
(i) Of the reason and authority for the denial.
(ii) Of his or her right to file a statement of the reason for
disagreeing with the Records and Declassification Division decision.
(iii) Of the procedures for filing a statement of disagreements.
(iv) That the statement filed shall be made available to anyone the
record is disclosed to, together with a brief statement summarizing
reasons for refusing to amend the records.
(7) If the Records and Declassification Division determines that
the record should be amended in accordance with the individual's
request, the OSD Component shall amend the record, and advise the
individual of the amendment, in accordance with Chapter 4 of DoD
5400.11-R.
(8) All appeals should be processed within 30 workdays after
receipt. If the Records and Declassification Division determines that a
fair and equitable review cannot be made within that time, the
individual shall be informed in writing of the reasons for the delay
and of the approximate date the review is expected to be completed.
(g) Disclosure of disputed information. (1) If the Records and
Declassification Division determines the record should not be amended
and the individual has filed a statement of disagreement under
paragraph (f)(7) of this section, the OSD Component shall annotate the
disputed record so it is apparent under record disclosure that a
statement has been filed. Where feasible, the notation itself shall be
integral to the record. Where disclosure accounting has been made, the
OSD Component shall advise previous recipients that the record has been
disputed and shall provide a copy of the individual's statement of
disagreement in accordance with Chapter 4 of DoD 5400.11-R.
(i) This statement shall be maintained to permit ready retrieval
whenever the disputed portion of the record is disclosed.
(ii) When information that is the subject of a statement of
disagreement is subsequently disclosed, the OSD Component's designated
official shall note which information is disputed and provide a copy of
the individual's statement.
(2) The OSD Component shall include a brief summary of its reasons
for not making a correction when disclosing disputed information. Such
statements shall normally be limited to the reasons given to the
individual for not amending the record.
(3) Copies of the OSD Component's summary will be treated as part
of the individual's record; however, it will not be subject to the
amendment procedure outlined in paragraph (c)(3) of this section.
(h) Penalties. (1) Civil action. An individual may file a civil
suit against the OSD Component or its employees if the individual feels
certain provisions or the Privacy Act have been violated as stated in 5
U.S.C. 552a.
(2) Criminal action. (i) Criminal penalties may be imposed against
an OSD officer or employee for offenses listed in Section (i) of 5
U.S.C. 552a, as follows:
(A) Willful unauthorized disclosure of protected information in the
records.
(B) Failure to publish a notice of the existence of a record system
in the Federal Register.
(C) Requesting or gaining access to the individual's record under
false pretenses.
(ii) An OSD officer or employee may be fined up to $5,000 for a
violation as outlined in paragraph (h)(2)(i) of this section.
(i) Litigation status sheet. Whenever a complaint citing 5 U.S.C.
552a is filed in a U.S. District Court against the Department of
Defense, an OSD Component, or any OSD employee, the responsible system
manager shall promptly notify the DPO. The litigation status sheet in
DoD 5400.11-R provides a standard format for this notification. (The
initial litigation status sheet shall, as a minimum, provide the
information required by items 1, through 6. of DoD 5400.11-R) A revised
litigation status sheet shall be provided at each stage of the
litigation. When a court renders a formal opinion or judgment, copies
of the judgment or opinion shall be provided to the DPO with the
litigation status sheet reporting that judgment or opinion.
(j) Computer matching programs. Chapter 11, paragraph B of DoD
5400.11-R, prescribes that all requests for participation in a matching
program (either as a matching agency or a source agency) be submitted
to the DPO for review and compliance. The OSD Components shall submit
these requests through the Records and Declassification Division.
Sec. 311.7 Information requirements.
The DPO shall establish requirements and deadlines for DoD privacy
reports. These reports shall be licensed in accordance with DoD
Directive 8910.1.\8\
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\8\ Copies may be obtained at http://www.dtic.mil/whs/directives/
Dated: January 16, 2007.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, DoD.
[FR Doc. E7-800 Filed 1-22-07; 8:45 am]
BILLING CODE 5001-06-P