Privacy Act of 1974; Systems of Records, 3098-3099 [2011-931]

Agencies

• DEPARTMENT OF DEFENSE
• Office of the Secretary

[Federal Register Volume 76, Number 12 (Wednesday, January 19, 2011)]
[Notices]
[Pages 3098-3099]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-931]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary

[Docket ID: DOD-2011-OS-0002]


Privacy Act of 1974; Systems of Records

AGENCY: National Security Agency/Central Security Service, DoD.

ACTION: Notice To Add a System of Records.

-----------------------------------------------------------------------

SUMMARY: The National Security Agency/Central Security Service proposes 
to add a system of records notices 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 
February 18, 2011 unless comments are received which would result in a 
contrary determination.

ADDRESSES: You may submit comments, identified by docket number and/
Regulatory Information Number (RIN) 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, 
1160 Defense Pentagon, Washington, DC 20301-1160.
    Instructions: All submissions received must include the agency name 
and docket number or Regulatory Information Number (RIN) 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: National Security Agency/Central 
Security Service, Freedom of Information Act and Privacy Act Office, 
9800 Savage Road, Suite 6248, Ft. George G. Meade, MD 20755-6248, or 
Ms. Anne Hill at (301) 688-6527.

SUPPLEMENTARY INFORMATION: The National Security Agency's record system 
notices for records systems 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 FOR FURTHER INFORMATION CONTACT 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 November 23, 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 FT 6427).

    Dated: January 12, 2011.
Morgan F. Park,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
GNSA 28

System name:
    Freedom of Information Act, Privacy Act and Mandatory 
Declassification Review Records.

System Location:
    National Security Agency/Central Security Service, 9800 Savage 
Road, Ft. George G. Meade, MD 20755-6000.

Categories of Individuals Covered by the System:
    Individuals who submit Freedom of Information Act (FOIA) requests, 
Privacy Act (PA) requests, and Mandatory Declassification Review (MDR) 
requests or administrative appeals. Individuals whose requests and/or 
records have been referred to the National Security Agency/Central 
Security Service (NSA/CSS) by other agencies and in some instances 
includes attorneys representing individuals submitting such requests 
and appeals.

Categories of Records in the System:
    Records created or compiled in response to FOIA, PA, MDR requests 
and administrative appeals. Records include the original requests and 
administrative appeals, responses to such requests and administrative 
appeals, copies of requested records and records under administrative 
appeal, all related memoranda, correspondence, notes and any related or 
supporting documentation; name of requester or appellant, home address, 
home phone numbers, Social Security Numbers (SSN), case number, and 
name and address of attorney representing a requester or appellant.

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, The Privacy Act of 1974 (as amended); 
E.O. 13526, Classified National Security Information; DoD 5400.7-R, 
Department of Defense Freedom of Information Act Program; DoD 5400.11-
R, Department of Defense Privacy Program; NSA/CSS Policy 1-5; NSA/CSS 
Freedom of Information Act Program; NSA/CSS Policy 1-34; Implementation 
of the Privacy Act of 1974; NSA/CSS Policy 1-15, Mandatory 
Declassification Review Program; and E.O. 9397 (SSN), as amended.

Purpose(s):
    This system is maintained for the purpose of processing requests 
and administrative appeals under the FOIA, PA, and MDR; for 
participating in Interagency Security Classification Appeals Panel 
(ISCAP) review of MDR; for participating in litigation regarding agency 
actions on such FOIA and PA requests and appeals, and to provide 
information for compiling reports.

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:
    Information in this system may be provided to other Federal 
agencies when it is necessary to coordinate responses.

[[Page 3099]]

    The DoD `Blanket Routine Uses' set forth at the beginning of the 
NSA/CSS 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:
    Records are retrieved by the name of the requester or appellant, 
the number assigned to the request or appeal, and in some instances may 
be retrieved by the name of the attorney representing the requester or 
appellant.

Safeguards:
    Buildings are secured by a series of guarded pedestrian gates and 
checkpoints. Access to facilities is limited to security-cleared 
personnel and escorted visitors only. Within the facilities themselves, 
access to paper and computer printouts are controlled by limited-access 
facilities and lockable containers. Access to electronic means is 
limited and controlled by computer password protection, as well as 
other access controls placed on specific case types.

Retention and disposal:
FOIA and MDR records:
    Granted access--destroy 2 years after date of Agency reply. Denied 
access, but no appeal by requester--destroy 6 years after date of 
Agency reply. Contested records--destroy 6 years after final denial by 
Agency, or 3 years after final adjudication by courts, whichever is 
later.

Privacy Act Records:
    Granted access--destroy 2 years after date of Agency reply. Denied 
access, but no appeal by requester--destroy 5 years after date of 
Agency reply. Contested records--destroy 4 years after final denial by 
Agency, or 3 years after final adjudication by courts, whichever is 
later.
    Records are destroyed by pulping, burning, shredding, or erasure or 
destruction of magnet media.

System manager(s) and address:
    Deputy Associate Director, Policy and Records, National Security 
Agency/Central Security Service, 9800 Savage Road, Fort George G. 
Meade, MD 20755-6000.

Notification Procedures:
    Individuals seeking to determine whether records about themselves 
is contained in this record system should address written inquiries to 
the National Security Agency/Central Security Service, Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft. 
George G. Meade, MD 20755-6248.
    Written requests should contain the individual's full name, 
individual's full name who is the subject of the record if different 
from the requester, current address and telephone number. All requests 
must be signed.

Record Access Procedures:
    Individuals seeking access to information about themselves 
contained in this system should address written inquiries to the 
National Security Agency/Central Security Service, Freedom of 
Information Act/Privacy Act Office, 9800 Savage Road, Suite 6248, Ft. 
George G. Meade, MD 20755-6248.
    Written requests should contain the individual's full name, 
individual's full name who is the subject of the record if different 
from the requester, current address and telephone number. All requests 
must be signed.

Contesting Record Procedures:
    The NSA/CSS rules for contesting contents and appealing initial 
agency determinations may be obtained by written request addressed to 
the National Security Agency/Central Security Service, Freedom of 
Information Act (FOIA)/Privacy Act Office, 9800 Savage Road, Suite 
6248, Ft. George G. Meade, MD 20755-6248.

Record Source Categories:
    Information is collected from the individual requesters, agency 
officials, and other Federal agencies that have referred requests 
concerning NSA/CSS records, or have consulted with NSA/CSS regarding 
the handling of particular requests.

Exemptions claimed for the system:
    During the course of an FOIA/Privacy Act and/or MDR action, exempt 
materials from other system of records may become part of the case 
records in this system of records. To the extent that copies of exempt 
records from those other systems of records are entered into these case 
records, NSA/CSS hereby claims the same exemptions for the records as 
claimed in the original primary system of records of which they are a 
part.
    An exemption rule for this system 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 322. For additional information 
contact the system manager.

[FR Doc. 2011-931 Filed 1-18-11; 8:45 am]
BILLING CODE 5001-06-P