Privacy Act of 1974; System of Records, 49761-49763 [2014-19935]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 79, Number 163 (Friday, August 22, 2014)]
[Notices]
[Pages 49761-49763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-19935]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DoD-2014-OS-0124]


Privacy Act of 1974; System of Records

AGENCY: Defense Health Agency, DoD.

ACTION: Notice to add a new System of Records.

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SUMMARY: The Defense Health Agency proposes to add a new system of 
records, EDHA 01, entitled ``Freedom of Information Act/Privacy Act 
Requests and Administrative Appeal Records'' to its inventory of record 
systems subject to the Privacy Act of 1974, as amended. This system 
will be used to process access requests and administrative appeals 
under FOIA; to process access and amendment requests and administrative 
appeals under the Privacy Act; for litigation regarding agency action 
on such requests and administrative appeals; and to assist the DHA in 
carrying out any other responsibility under FOIA or the Privacy Act.

DATES: Comments will be accepted on or before September 22, 2014. This 
proposed action will be effective the day following the end of the 
comment period unless comments are received which result in a contrary 
determination.

ADDRESSES: You may submit comments, identified by docket number and 
title, by any of the following methods:
    * Federal Rulemaking Portal: https://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 https://www.regulations.gov as they are received without change, 
including any personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Linda S. Thomas, Chief, Defense 
Health Agency Privacy and Civil Liberties Office, 7700 Arlington 
Boulevard, Suite 5101, Falls Church, VA 22042-5101, or by phone at 
(703) 681-7500.

SUPPLEMENTARY INFORMATION: The Defense Health Agency notices for 
systems 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 in FOR FURTHER INFORMATION CONTACT or at the 
Defense Privacy and Civil Liberties Office Web site at https://dpclo.defense.gov/.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on (July 28, 2014), 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).


[[Page 49762]]


    Dated: August 19, 2014.
Aaron Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
EDHA 01

System name:
    Freedom of Information Act/Privacy Act Requests and Administrative 
Appeal Records

System location:
    Defense Health Agency Privacy and Civil Liberties Office, 7700 
Arlington Boulevard, Suite 5101, Falls Church, VA 22042-5101.

Categories of individuals covered by the system:
    Individuals who submitted a request or administrative appeal under 
the Freedom of Information Act(FOIA) or the Privacy Act of 1974, as 
amended (Privacy Act), to the Defense Health Agency (DHA); individuals 
whose FOIA or Privacy Act request or administrative appeal was referred 
to DHA from another agency; individuals who are the subject of a DHA 
FOIA or Privacy Act request or administrative appeal; and attorneys 
representing an individual in connection with a DHA FOIA or Privacy Act 
request or administrative appeal.

Categories of records in the system:
    Individual's name, address, contact phone number, fax number, job 
title, email, case number, FOIA tracking number, Social Security Number 
(SSN) and/or Department of Defense Identification Number (DoD ID 
Number).
    FOIA or Privacy Act request or administrative appeal: records 
regarding the request or appeal, including responses, correspondence, 
supporting documentation; and, in some instances, copies of the 
requested records or records subject to the administrative appeal.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; 5 U.S.C. 552, Freedom of 
Information Act; 5 U.S.C. 552a, Privacy Act of 1974, as amended; and 
E.O. 9397 (SSN), as amended.

Purpose(s):
    To process access requests and administrative appeals under FOIA; 
to process access and amendment requests and administrative appeals 
under the Privacy Act; for litigation regarding agency action on such 
requests and administrative appeals; and to assist the DHA in carrying 
out any other responsibility under FOIA or the Privacy Act.

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 of 1974, as amended, records in this system 
of records may specifically be disclosed outside the DoD as a routine 
use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To other federal, state, and local agencies when it is necessary to 
coordinate responses or denials.
    The DoD Blanket Routine Uses may also apply to this system of 
records.

    Note 1: This system of records may contain individually 
identifiable health information. The DoD Health Information Privacy 
Regulation (DoD 6025.18-R) or any successor DoD issuances issued 
pursuant to the Health Insurance Portability and Accountability Act 
of 1996 (HIPAA) and 45 CFR Parts 160 and 164, Health and Human 
Services, General Administrative Requirements and Security & 
Privacy, respectively, applies to most such health information. DoD 
6025.18-R or a successor issuance may place additional procedural 
requirements on the uses and disclosures of such information beyond 
those found in the Privacy Act of 1974, as amended, or mentioned in 
this system of records notice.


    Note 2: Except as provided under 42 U.S.C. 290dd-2, records of 
identity, diagnosis, prognosis or treatment information of any 
patient maintained in connection with the performance of any program 
or activity relating to substance abuse education, prevention, 
training, treatment, rehabilitation, or research which is conducted, 
regulated, or directly or indirectly assisted by any department or 
agency of the United States, will be treated as confidential and 
disclosed only for the purposes and under the circumstances 
expressly authorized under 42 U.S.C. 290dd-2.

Policies and practices for storing, retrieving, accessing, retaining, 
and disposing of records in the system:
Storage:
    Paper records and/or electronic storage media.

Retrievability:
    By the name of requesters and appellants; the case numbers assigned 
to requests and administrative appeals; the name of individuals who are 
the subject of a request or administrative appeal; and the name of 
attorneys representing a requester, appellant, or subject of a request 
or administrative appeal.

Safeguards:
    Physical security: Records are maintained in access-controlled 
facilities. Physical entry is restricted by use of locks, guards, and 
administrative procedures to officials that require access to perform 
their official duties consistent with the purpose of the collection of 
the information. All personnel whose official duties require access to 
the information are trained in the proper safeguarding and use of the 
information.
    Technical security: The system provides two-factor authentication 
including Common Access Card (CAC) and user ID/passwords. The records 
in electronic format are maintained on a secure system and, within DHA, 
transmitted only through a secure network. Records in electronic format 
transmitted outside DHA's secure network are encrypted in transit. 
Access to personal information in electronic format is restricted to 
those who require the data in the performance of their official duties.

Retention and disposal:
    Privacy Act Request/Action Records: a. Correspondence and 
supporting documents granting access to all the requested records: 
Destroy 2 years after date of reply. b. Responses to requests for 
nonexistent records, requesters who provide inadequate descriptions and 
to those who fail to pay agency reproduction fees: Destroy 2 years 
after date of reply. c. Responses denying access to all or part of the 
records requested: Destroy 5 years after date of reply.
    FOIA Request/Action Records: Destroy 2 years after date of reply if 
all records subject to the request were released; destroy 6 years after 
date of reply if records subject to the request were denied in full, or 
in part, or if not released for any other reason.

System manager(s) and address:
    Chief, FOIA Service Center, Defense Health Agency Privacy and Civil 
Liberties Office, 7700 Arlington Boulevard, Suite 5101, Falls Church, 
VA 22042-5101.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the Chief, FOIA Service Center, Defense Health 
Agency Privacy and Civil Liberties Office, 7700 Arlington Boulevard, 
Suite 5101, Falls Church, VA 22042-5101.
    Written inquiries should contain the subject individual's full 
name, current address, telephone number, FOIA tracking number, if 
known, and signature.
    If requesting information about a minor or legally incompetent 
person, the request must be made by the

[[Page 49763]]

custodial parent, legal guardian, or party acting in loco parentis of 
such individual. Written proof of that status may be required before 
the existence of any information will be confirmed.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
the Chief, FOIA Service Center, Defense Health Agency Privacy and Civil 
Liberties Office, 7700 Arlington Boulevard, Suite 5101, Falls Church, 
VA 22042-5101.
    Written inquiries should contain the subject individual's full 
name, current address, telephone number, a description of the records 
sought, FOIA tracking number, if known, and signature.
    If requesting records about a minor or legally incompetent person, 
the request must be made by the custodial parent, legal guardian, or 
party acting in loco parentis of such individual. Written proof of that 
status may be required before any records will be provided.

Contesting record procedures:
    The Office of the Secretary of Defense (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 DHA Privacy and Civil 
Liberties Office.

Record source categories:
    Data is provided by the record subject; staff and computer software 
when handling FOIA/Privacy Act requests and administrative appeals; 
individuals who file requests and administrative appeals pursuant to 
FOIA and the Privacy Act; agency records searched in the process of 
responding to FOIA and Privacy Act requests and appeals; and other 
agencies that refer FOIA or Privacy Act requests or administrative 
appeals to DHA or consult with DHA regarding the handling of particular 
requests.

Exemptions claimed for the system:
    None.

[FR Doc. 2014-19935 Filed 8-21-14; 8:45 am]
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