Privacy Act of 1974; System of Records, 19477-19479 [E8-7610]

Agencies

• DEPARTMENT OF DEFENSE
• Office of Secretary of Defense
• Defense Intelligence Agency

[Federal Register Volume 73, Number 70 (Thursday, April 10, 2008)]
[Notices]
[Pages 19477-19479]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-7610]


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DEPARTMENT OF DEFENSE

Office of Secretary of Defense

[DOD-2008-OS-0036]


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 
of records in its existing inventory of records systems subject to the 
Privacy Act of 1974 (5 U.S.C. 552a), as amended.

DATES: The proposed action will be effective on May 12, 2008 unless 
comments are received that would result in a contrary determination.

ADDRESSES: Freedom of Information Office, Defense Intelligence Agency 
(DAN-1A), 200 MacDill Blvd., Washington, DC 20340-5100.

FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery 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 above.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on March 28, 2008, to 
the House Committee on Oversight and Government Reform, the Senate 
Committee on Homeland Security and 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: April 4, 2008.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
LDIA 0271

System name:
    Investigations and Complaints (July 19, 2006, 71 FR 41006).

Changes:
* * * * *

Authority for maintenance of the system:
    Delete entry and replace with ``5 U.S.C. 301, Departmental 
Regulations; Pub. L. 95-452, the Inspector General

[[Page 19478]]

Act of 1978; DoD Instruction 5106.3, Inspector General, DoD Inspection 
Program; DIA Directive 5100.200, Office of the Inspector General 
Policies and Procedures; and EO 9397 (SSN).''
* * * * *

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 Act Program;'' 32 CFR part 319--Defense Intelligence Agency 
Privacy Program; or may be obtained from the system manager.''
* * * * *

Exemptions claimed for the system:
    Delete entry and replace with ``Parts of this system may be exempt 
under 5 U.S.C. 552a(k)(1), (k)(2), (k)(5), or (k)(7), as applicable.
    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.
    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 exemption 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 505. For additional information 
contact the system manager.''
* * * * *
LDIA 0271

System name:
    Investigations and Complaints.

System location:
    Defense Intelligence Agency, Washington, DC 20340-5100.

Categories of individuals covered by the system:
    Current and former civilian and military personnel who filed a 
complaint acted upon by the Inspector General, DIA, or who were the 
subject of an Inspector General, DIA, investigation or inquiry.

Categories of records in the system:
    Individual's name, address, Social Security (SSN), and to include 
documents relating to the organization, planning and execution of 
internal/external investigations and records created because of 
investigations conducted by the Office of the Inspector General, 
including reports of investigations, records of action taken and 
supporting papers. These files include investigations of both 
organizational elements and individuals.

Authority for maintenance of the system:
    5 U.S.C. 301, Departmental Regulations; Pub. L. 95-452, the 
Inspector General Act of 1978; DoD Instruction 5106.3, Inspector 
General, DoD Inspection Program; DIA Directive 5100.200, Office of the 
Inspector General Policies and Procedures; and EO 9397 (SSN).

Purpose(s):
    Information is collected to determine the facts and circumstances 
surrounding a complaint filed with the office of the Inspector General 
by a Defense Intelligence Agency employee or to determine the facts and 
circumstances of matters under Inspector General inquiry of 
investigation. Information collected by the Inspector General is for 
providing the Director, DIA, with a sound basis for just and 
intelligence action. Records are used as a basis for recommending 
actions to the Command Element and other DIA elements. Depending upon 
the nature of the information it may be passed to appropriate elements 
within the DoD, the Department of State, Department of Justice, Central 
Intelligence Agency and to other appropriate Government agencies.

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' set forth at the beginning of the DIA'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:
    Paper records in file folders and electronic storage media.

Retrievability:
    Filed by subject matter and case number.

Safeguards:
    Records are maintained in a building protected by security guards 
and are stored in vaults, safes or locked cabinets and are accessible 
only to authorized personnel who are properly screened, cleared and 
trained in the protection of privacy information. Electronic records 
are maintained on a classified and password protected system.

Retention and disposal:
    Records are held in current files for 5 years after completion and 
adjudication of all actions and retired to the Washington National 
Records Center. Investigations will be offered to the National Archives 
and complaints destroyed when 20 years old.

System manager(s) and address:
    Director, Inspector General's Office, Defense Intelligence Agency, 
Washington, DC 20340-5100.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to the Freedom of Information Act Office (DAN-1A/
FOIA), Defense Intelligence Agency, 200 MacDill Blvd., Washington, DC 
20340-5100.
    Individual should provide their full name, current address, 
telephone number and Social Security Number (SSN).

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
Freedom of Information Act Office (DAN-1A/FOIA), Defense Intelligence 
Agency, 200 MacDill Blvd., Washington, DC 20340-5100.
    Individual should provide their full name, current address, 
telephone

[[Page 19479]]

number and Social Security Number (SSN).

Contesting record procedures:
    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 Act 
Program;'' 32 CFR part 319--Defense Intelligence Agency Privacy 
Program; or may be obtained from the system manager.

Record source categories:
    Personal interviews, personal history statements, abstracts or 
copies of pertinent medical records, abstracts from personnel records, 
results of tests, physician's notes, observations from employee's 
behavior, related notes, papers from counselors and/or clinical 
directors.

Exemptions claimed for the system:
    Parts of this system may be exempt under 5 U.S.C. 552a(k)(1), 
(k)(2), (k)(5), or (k)(7), as applicable.
    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.
    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 exemption 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 505. For additional information 
contact the system manager.

 [FR Doc. E8-7610 Filed 4-9-08; 8:45 am]
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