Privacy Act of 1974; System of Records, 30791-30793 [2010-13299]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30791-30793]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13299]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2010-OS-0073]


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: This proposed action will be effective without further notice on 
July 2, 2010, 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, 1160 
Defense Pentagon, Washington, DC 20301-1160.
    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

[[Page 30792]]

personal identifiers or contact information.

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 Defense Intelligence Agency, DAN 1-C, 200 MacDill Blvd., 
Washington, DC 20340-0001.
    The proposed system report, as required by 5 U.S.C. 552a of the 
Privacy Act of 1974, as amended, was submitted on May 21, 2010, 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: May 28, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
LDIA 0271

System name:
    Investigations and Complaints (April 10, 2008; 73 FR 19477).

Changes:
* * * * *

Categories of individuals covered by the system:
    Delete entry and replace with ``Current and former civilian, 
military, or contract personnel who file a complaint or were the 
subject of an investigation conducted by the agency.''

Categories of records in the system:
    Delete entry and replace with ``Name, Social Security Number (SSN), 
date of birth, telephone number and address; documents relating to the 
organization, planning and execution of audits, inspections, or 
investigations.''

Authority for maintenance of the system:
    Delete entry and replace with ``Public Law 95-452, The Inspector 
General Act of 1978, as amended; DoD Instruction 5106.3, Inspector 
General of the Department of Defense; DIA Directive 5100.200, Office of 
the Inspector General Policies and Procedures; and E.O. 9397 (SSN), as 
amended.''

Purpose(s):
    Delete entry and replace with ``Information is collected to 
determine the facts and circumstances surrounding a compliant filed 
with the Office of the Inspector General and to allow for the 
documentation of records relating to the organization, planning, and 
execution of audits, inspections and investigations and for use as a 
sound basis for action.''
* * * * *

Retrievability:
    Delete entry and replace with ``By name and/or case number.''
* * * * *

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 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, and 
telephone number.''

Record access procedures:
    Delete entry and replace with ``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, and 
telephone number.''
* * * * *

Record source categories:
    Delete entry and replace with ``From individuals of an 
investigation or complaint, records also derived from personnel, 
medical and/or security records as well as agency officials.''

Exemptions claimed for the system:
    Delete entry and replace with ``Parts of this system may be exempt 
under 5 U.S.C. 552a(k)(2), (k)(5), or (k)(7), as applicable.
    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. 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. Note: 
When claimed, this exemption allows 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.
    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, military, or contract personnel who 
file a complaint or were the subject of an investigation conducted by 
the agency.

Categories of records in the system:
    Name, Social Security Number (SSN), date of birth, telephone number 
and address; documents relating to the organization, planning and 
execution of audits, inspections, or investigations.

Authority for maintenance of the system:
    Public Law 95-452, The Inspector General Act of 1978, as amended; 
DoD Instruction 5106.3, Inspector General of the Department of Defense; 
DIA Directive 5100.200, Office of the Inspector General Policies and 
Procedures; and E.O. 9397 (SSN), as amended.

Purpose(s):
    Information is collected to determine the facts and circumstances 
surrounding a compliant filed with the Office of the Inspector General 
and to allow for the

[[Page 30793]]

documentation of records relating to the organization, planning, and 
execution of audits, inspections and investigations and for use as a 
sound basis for action.

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, these records 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 DoD `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:
    By name and/or case number.

Safeguards:
    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 
is limited to persons responsible for servicing and authorized to use 
the system.

Retention and disposal:
    Permanent--Maintain audits and inspections on site for 3 years, 
then transfer to the Washington National Records Center (WNRC), then 
retire to the National Archives Records Administration 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, and 
telephone number.

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, and 
telephone number.

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:
    From individuals of an investigation or complaint, records also 
derived from personnel, medical and/or security records as well as 
agency officials.

Exemptions claimed for the system:
    Parts of this system may be exempt under 5 U.S.C. 552a(k)(2), 
(k)(5), or (k)(7), as applicable.
    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. 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. NOTE: 
When claimed, this exemption allows 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.
    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. 2010-13299 Filed 6-1-10; 8:45 am]
BILLING CODE 5001-06-P