Privacy Act of 1974; System of Records, 63160-63161 [2010-25870]

Agencies

• Office of the Secretary
• DEPARTMENT OF DEFENSE

[Federal Register Volume 75, Number 198 (Thursday, October 14, 2010)]
[Notices]
[Pages 63160-63161]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25870]



[[Page 63160]]

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DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID DOD-2010-OS-0142]


Privacy Act of 1974; System of Records

AGENCY: Department of Defense (DoD).

ACTION: Notice to alter a system of records.

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SUMMARY: The Office of the Secretary of Defense proposes to alter a 
system of records in 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 
November 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, Room 3C843 
Pentagon, 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. Cindy Allard at (703) 588-6830.

SUPPLEMENTARY INFORMATION: The Office of the Secretary of Defense 
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 Chief, OSD/JS Privacy Office, Freedom of 
Information Directorate, Washington Headquarters Services, 1155 Defense 
Pentagon, Washington DC 20301-1155.
    The proposed system report, as required by 5 U.S.C. 552a(r) of the 
Privacy Act of 1974, as amended, was submitted on October 1, 2010, 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: October 8, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
DWHS E05

System name:
    Mandatory Declassification Review Files (March 28, 2007; 72 FR 
14533).

Changes:
* * * * *

System location:
    Delete entry and replace with ``Chief, Records and Declassification 
Division, Executive Services Directorate, 1155 Defense Pentagon, 
Washington, DC 20301-1155.''

Categories of individuals covered by the system:
    Delete entry and replace with, ``Individuals who request Mandatory 
Declassification Review (MDR) or appeal a Mandatory Declassification 
Review determination. These include DoD, Executive Branch Agencies, 
public or contractors.''

Categories of records in the system:
    Delete entry and replace with, ``Name, address, and organization of 
person making MDR request or appeal, identification of records 
requested, dates and summaries of action taken.''

Authority for maintenance of the system:
    Delete entry and replace with, ``E.O. 13526, Classified National 
Security Information; DoD Instruction 5200.01, DoD Information Security 
Program and Protection of Sensitive Compartmented Information.''

Purpose(s):
    Delete entry and replace with, ``To process requests and/or appeals 
from individuals for the mandatory review of classified documents for 
the purposes of releasing declassified material to the public; and to 
provide a research resource of historical data on release of records to 
ensure consistency in subsequent actions. Data developed from this 
system is used for the annual report required by the applicable 
Executive Order(s) governing classified National Security Information. 
This data also serves management needs, by providing information about 
the number of requests; the type or category of records requested; and 
the average processing time.''

Routine uses of records maintained in the system, including categories 
of users and the purposes of such uses:
    Delete entry and replace with, ``In addition to those disclosures 
generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, 
these records 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 OSD'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:
* * * * *

Safeguards:
    Delete entry and replace with, ``Paper records are maintained in a 
Defense Security vault, with all physical security requirements to 
ensure the protection of special compartmented information. Within the 
vault, the paper files are stored in security containers with access 
limited to officials having a need-to-know based on their assigned 
duties. Computer systems require Common Access Card (CAC) and 
passwords. Users are limited according to their assigned duties to 
appropriate access on a need-to-know basis.''
* * * * *

System manager(s) and address:
    Delete entry and replace with, ``Chief, Records and 
Declassification Division, Executive Services Directorate, 1155 Defense 
Pentagon, Washington, DC 20301-1155.''

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 Chief, Records and 
Declassification Division, Executive Services Directorate, 1155 Defense 
Pentagon, Washington, DC 20301-1155.
    Written requests should include the individual's name and address 
of the individual at the time the record would have been created.''

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 Office of the Secretary of Defense/
Joint Staff, Freedom of Information Act Requester Service Center, 
Office of Freedom of Information, 1155 Defense Pentagon, Washington, DC 
20301-1155.

[[Page 63161]]

    Written requests should include the name and number of this system 
of records notice along with the individual's name and address of the 
individual at the time the record would have been created and be 
signed.''
* * * * *

Record source categories:
    Delete entry and replace with, ``The individual.''
* * * * *
DWHS E05

System name:
    Mandatory Declassification Review Files.

System location:
    Chief, Records and Declassification Division, Executive Services 
Directorate, 1155 Defense Pentagon, Washington, DC 20301-1155.

Categories of individuals covered by the system:
    Individuals who request Mandatory Declassification Review (MDR) or 
appeal a Mandatory Declassification Review determination. These include 
DoD, Executive Branch Agencies, public or contractors.

Categories of records in the system:
    Name, address, and organization of person making MDR request or 
appeal, identification of records requested, dates and summaries of 
action taken.

Authority for maintenance of the system:
    E.O. 13526, Classified National Security Information; DoD 
Instruction 5200.01, DoD Information Security Program and Protection of 
Sensitive Compartmented Information.

Purpose(s):
    To process requests and/or appeals from individuals for the 
mandatory review of classified documents for the purposes of releasing 
declassified material to the public; and to provide a research resource 
of historical data on release of records to ensure consistency in 
subsequent actions. Data developed from this system is used for the 
annual report required by the applicable Executive Order(s) governing 
classified National Security Information. This data also serves 
management needs, by providing information about the number of 
requests; the type or category of records requested; and the average 
processing time.

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 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 OSD'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 file folders and electronic storage media.

Retrievability:
    Retrieved by name of requester and other pertinent information, 
such as organization or address, subject material describing the MDR 
item (including date), MDR request number using computer indices, 
referring agency, or any combination of fields.

Safeguards:
    Paper records are maintained in a Defense Security vault, with all 
physical security requirements to ensure the protection of special 
compartmented information. Within the vault, the paper files are stored 
in security containers with access limited to officials having a need-
to-know based on their assigned duties. Computer systems require Common 
Access Card (CAC) and passwords. Users are limited according to their 
assigned duties to appropriate access on a need-to-know basis.

Retention and disposal:
    Files that grant access to records are held in current status for 
two years after the end of the calendar year in which created, then 
destroyed. Files pertaining to denials of requests are destroyed 5 
years after final determination. Appeals are retained for 3 years after 
final determination.

System manager(s) and address:
    Chief, Records and Declassification Division, Executive Services 
Directorate, 1155 Defense Pentagon, Washington, DC 20301-1155.

Notification procedure:
    Individuals seeking to determine whether information about 
themselves is contained in this system of records should address 
written inquiries to Chief, Records and Declassification Division, 
Executive Services Directorate, 1155 Defense Pentagon, Washington, DC 
20301-1155.
    Written requests should include the individual's name and address 
of the individual at the time the record would have been created.

Record access procedures:
    Individuals seeking access to information about themselves 
contained in this system of records should address written inquiries to 
the Office of the Secretary of Defense/Joint Staff, Freedom of 
Information Act Requester Service Center, Office of Freedom of 
Information, 1155 Defense Pentagon, Washington, DC 20301-1155.
    Written requests should include the name and number of this system 
of records notice along with the individual's name and address of the 
individual at the time the record would have been created and be 
signed.

Contesting record procedures:
    The Office of the Secretary of Defense rules for accessing records, 
for contesting contents and appealing initial agency determinations are 
published in Office of the Secretary of Defense Administrative 
Instruction 81; 32 CFR part 311; or may be obtained from the system 
manager.

Record source categories:
    The individual.

Exemptions claimed for the system:
    None.

[FR Doc. 2010-25870 Filed 10-13-10; 8:45 am]
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