Privacy Act of 1974; System of Records, 33791-33792 [2010-14254]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 75, Number 114 (Tuesday, June 15, 2010)]
[Notices]
[Pages 33791-33792]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14254]


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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2010-OS-0079]


Privacy Act of 1974; System of Records

AGENCY: Defense Intelligence Agency, DoD.

ACTION: Notice to add a system of records.

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SUMMARY: The Defense Intelligence Agency proposes to add a system of 
records to its inventory of record 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 15, 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 personal identifiers or contact information.

FOR FURTHER INFORMATION CONTACT: Ms. Theresa Lowery at (202) 231-1193.

SUPPLEMENTARY INFORMATION: The Defense Intelligence Agency systems 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 DIA Privacy Act Coordinator, DAN 1-C, 200 MacDill Blvd, 
Washington, DC 20340.
    The proposed systems report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on June 1, 2010, to the 
House Committee on of Government Reform, the Senate Committee on 
Homeland Security and Government 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: June 9, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
LDIA 10-0002

System name:
    Foreign Intelligence and Counterintelligence Operation Records.

System location:
    Defense Intelligence Agency, 200 MacDill Blvd, Washington, DC 
20340-5001.

Categories of individuals covered by the system:
    Individuals involved in, or of interest to, DoD intelligence, 
counterintelligence, counterterrorism and counter-narcotic operations 
or analytical projects as well as individuals involved in foreign 
intelligence and/or training activities.

Categories of records in the system:
    All categories of records may include identifying information such 
as name, Social Security Number (SSN), address, citizenship 
documentation, biometric data, passport number, vehicle identification 
number and vehicle/vessel license data. Records relating to the 
management and coordination of DoD counterintelligence systems and 
activities. Records relating to analytical, operational, biographic, 
policy, management, training, administrative matters and operational 
support related to DoD counterintelligence, force protection, critical 
infrastructure protection, research and technology protection, threat 
analysis, counter-narcotics and risk assessments. Records relating to 
the architecture and operation of DoD counterintelligence information 
systems. Reports of investigation, collection, statements of 
individuals, affidavits, correspondence, and other documentation 
pertaining to investigative or analytical efforts by DoD and other U.S. 
government agencies to identify or counter foreign intelligence and 
terrorist threats to the DoD and the United States. The system of 
records includes ad hoc or temporary databases established to support 
particular investigations, task forces, or analytical projects.

Authority for maintenance of the system:
    National Security Act of 1947; Executive Order 12333, United States 
Intelligence Activities; 50 U.S.C. 401, The Foreign Intelligence 
Surveillance Act of 1978; Directive Type Memo (DTM) 08-032, 
Establishment of the Defense Counter Intelligence and Human 
Intelligence Center; DoD Directive 5240.1, United States Intelligence 
Activities; and E.O. 9397 (SSN), as amended.

Purpose(s):
    To document intelligence, counterintelligence, counterterrorism and 
counter-narcotic operations relating to the protection of national 
security, DoD personnel, facilities and equipment, to include 
information systems.

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 records contained therein may 
specifically be disclosed outside the Department of Defense (DoD) as a 
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
    To Federal, State, local, and tribal agencies for the purpose of 
law enforcement, counterterrorism, counterintelligence, counter-
narcotic activities and homeland security as authorized by U.S. Law or 
Executive Order, or for the purpose of protecting the territory, people 
and interests of the United States of America against breaches of 
security related to DoD controlled information or facilities and 
against terrorist activities.
    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 and electronic storage media.

Retrievability:
    Name, Social Security Number (SSN), citizenship documentation, 
biometric

[[Page 33792]]

data, passport number, vehicle/vessel license data and records.

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 
are limited to persons responsible for servicing and authorized to use 
the system.

Retention and disposal:
    Production Records: Temporary--Cutoff annually; hold 2 years; 
transfer to the Washington National Records Center (WNRC); destroy when 
records are 10 years old.
    Intelligence Reports: Permanent--Cutoff annually, hold 3 years, 
transfer to WNRC. Retire to the National Archives when 35-40 years old.
    Intelligence Products: Permanent--Cutoff annually, hold 3 years, 
transfer to WNRC. Retire to the National Archives when 35-40 years old.
    Intelligence Collection Records: Temporary--Cutoff annually and 
destroy.
    Intelligence Data Base Records: Temporary--Destroy when no longer 
needed for current operations.
    Paper records are destroyed by shredding, pulping, or burning; 
electronic records are erased from the data base.

System manager(s) and address:
    Deputy Director for the Defense Counterintelligence and Human 
Intelligence Center, 200 MacDill Blvd., Washington, DC 20340-5001.

Notification procedure:
    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 
20340-5100.
    Request should contain the individual's full name, current address, 
telephone number and Social Security Number (SSN).

Record access procedure:
    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 20340-5100.
    Request should contain the individual's full name, current address, 
telephone number and Social Security Number (SSN).

Contesting record procedure:
    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 manager.

Record source categories:
    Federal, state, local, and tribal entities, foreign intelligence 
agencies, educational and research institutions, foreign governments 
and open source literature.

Exemptions claimed for the system:
    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.
    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 published in 32 CFR part 319.

[FR Doc. 2010-14254 Filed 6-14-10; 8:45 am]
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