[Federal Register Volume 77, Number 180 (Monday, September 17, 2012)]
[Notices]
[Pages 57076-57077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22743]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID; DoD-2012-OS-0113]


Privacy Act of 1974; System of Records

AGENCY: Defense Intelligence Agency, DoD.

ACTION: Notice to alter a System of Records.

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SUMMARY: The Defense Intelligence Agency is proposing to alter a system 
to its existing inventory of records systems subject to the Privacy Act 
of 1974 (5 U.S.C. 552a), as amended.

DATES: This proposed action will be effective on October 18, 2012 
unless comments are received which result in a contrary determination. 
Comments will be accepted on or before October 17, 2012.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
     Federal Rulemaking Portal: http://www.regulations.gov.
    Follow the instructions for submitting comments.
     Mail: Federal Docket Management System Office, 4800 Mark 
Center Drive; East Tower, 2nd Floor, Suite 02G09, Alexandria, VA 22350-
3100.
    Instructions: All submissions received must include the agency name 
and docket number 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://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery at Defense 
Intelligence Agency, DAN 1-C, 600 MacDill Blvd., Washington, DC 20340-
0001 or by phone at (202) 231-1193.

SUPPLEMENTARY INFORMATION: The Defense Intelligence Agency system 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 in FOR FURTHER INFORMATION CONTACT. The proposed 
system report, as required by 5 U.S.C. 552a(r) of the Privacy Act of 
1974, as amended, was submitted on June 18, 2012, to the House 
Committee on Oversight and 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 Agency Responsibilities for Maintaining Records About 
Individuals,'' dated February 8, 1996 (February 20, 1996, 61 FR 6427).

    Dated: September 11, 2012.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
LDIA 0209
    Litigation and Disposition Documentation (June 5, 2006, 71 FR 
32323).

Changes:
* * * * *

System name:
    Delete entry and replace with ``Litigation Case Files''.

System location:
    Delete entry and replace with ``Defense Intelligence Agency, 200 
MacDill Blvd., Washington, DC 20340-0001.''

Categories of individuals covered by the system:
    Delete entry and replace with ``Federal employees, military service 
members, contractors and their affiliates and persons not associated 
with the Federal Government who are litigants or

[[Page 57077]]

claimants; to include their representatives.''

Categories of records in the system:
    Delete entry and replace with ``Individuals name, Social Security 
Number (SSN), work location, personal contact information such as name, 
telephone number, home address, and email address. Place, and date of 
birth, financial data, citizenship, security clearance records, and 
employment records. Records include case files documenting the nature, 
course, and outcome of litigation involving the agency. These types of 
documents may include court pleadings and orders, opinions, 
depositions, transcripts, affidavits, exhibits, and documents related 
to discovery and evidence.''

Authority for maintenance of the system:
    Delete and replace with ``28 U.S.C. 1346(b); Federal Tort Claims 
Act, and E.O. 9397 (SSN), as amended.''

Purpose(s):
    Delete entry and replace with ``The system will manage files 
pertaining to litigation concerning agency civilian, military and 
contractor personnel as well as persons not associated with the Federal 
Government who are litigants or claimants.
    Information is used to meet regulatory requirements and to support 
various legal-related activities associated with the Defense 
Intelligence Agency, the Department of Justice, the Office of Personnel 
Management and the Military Services or adjudicative agencies of the 
U.S. Government as may be necessary or required in the disposition of 
an individual case.''
* * * * *

Storage:
    Delete entry and replace with ``Paper and electronic storage 
media.''

Retrievability:
    Delete entry and replace with ``By last name.''

Safeguards:
    Delete entry and replace with ``Records are stored in office 
buildings protected by guards, controlled screenings, use of visitor 
registers, electronic access, and/or locks. Access to records is 
limited to individuals who are properly screened, and cleared on a 
need-to-know basis in the performance of their duties. Passwords and 
User IDs are used to control access to the system data, and procedures 
are in place to deter and detect browsing and unauthorized access. 
Physical and electronic access are limited to persons responsible for 
servicing and authorized to use the system.''

Retention and disposal:
    Delete and replace with ``Inactive Litigation: Judicially contested 
Freedom of Information Act (FOIA) and Privacy Act files transfer to the 
Washington National Records Center (WNRC) and destroy 10 years after 
the date of transfer. All other inactive ligation case files: 
Permanent; disposition pending approval by the National Archives and 
Records Administration.''

System manager(s) and address:
    Delete entry and replace with ``Executive Assistant, Office of the 
General Counsel, Defense Intelligence Agency, 200 Mac Dill Blvd., 
Washington, DC 20340-0001.''

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 the DIA Freedom of 
Information Act Office (DAN-1A), Defense Intelligence Agency, 200 
MacDill Blvd., Washington, DC 20340-0001.
    Request should contain the individual's full name, current address, 
and telephone number.''

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 DIA Freedom of Information Act 
Office, Defense Intelligence Agency (DAN-1A), 200 MacDill Blvd., 
Washington, DC 20340-0001.
    Request should contain the individual's full name, current address, 
and telephone number.''

Contesting record procedures:
    Delete entry and replace with ``DIA's rules for accessing records, 
for contesting contents and appealing initial agency determinations are 
published in DIA Instruction 5400.001 ``Defense Intelligence Agency 
Privacy Program'';or may be obtained from the system manage.''

Record source categories:
    Delete entry and replace with ``Agency and other government 
officials, corporations, individuals and public records.''

Exemptions claimed for the system:
    Delete entry and replace with ``Investigatory material compiled for 
law enforcement purposes, other than material within the scope of 
subsection 5 U.S.C. 552a (j)(2), may be exempt pursuant to 5 U.S.C 552 
(k)(2). However, if an individual is denied any right, privilege, or 
benefit for which he would otherwise be entitled by Federal law or 
which he would otherwise be eligible, as a result of maintenance of the 
information, the individual will be provided access to the information 
except to the extent that disclosure would reveal the identity of a 
confidential source. This exemption provides limited protection of 
investigative reports maintained in a system of records used in 
personnel or administrative actions.
    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.
    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 case record, the Defense Intelligence Agency 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 the requirements of 5 U.S.C. 553(b)(1), (2) and (3) (c) 
and (e) and it published at 32 CFR part 319.''

[FR Doc. 2012-22743 Filed 9-14-12; 8:45 am]
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